TEXAS BOARD OF NURSING BOARD MEETING
JANUARY 19, 2023
COMMONS CONFERENCE CENTER aka PICKLE CENTER
THE UNIVERSITY OF TEXAS AT AUSTIN
10100 BURNET ROAD, BLDG 137 (BALCONES ROOM)
AUSTIN, TEXAS 78758
9:00 AM until all business is concluded
The Texas Board of Nursing posts this notice of its JANUARY 19-20, 2023 the open meeting will be held at the Commons Conference Center aka Pickle Center, 10100 Burnet Road, Bldg 137 (Balcones Room), Austin, Texas 78758. Members of the public may attend the meeting in person at this location.
The Texas Board of Nursing will accept public comments at the JANUARY 19, 2023, meeting. Members of the public will have opportunity to participate in the meeting as outlined in this notice. Members of the public may appear in person to address the Board during the open meeting at 10100 Burnet Road, Bldg 137 (Balcones Room), Austin, Texas 78758.
For members of the public not wishing to view the open meeting in person, the meeting will be broadcast on the Board of Nursing’s YouTube channel at: https://www.youtube.com/watch?v=o223QB39fGo
Additionally, a link to the meeting will be provided at: https://www.bon.texas.gov/boardmeeting.asp
Public Comment Instructions: Please note: The public comment portion of the agenda is not a time to speak about pending cases.
Any written comments must be submitted to Public.Comments@bon.texas.gov no later than
12:00 p.m. Tuesday, JANUARY 17, 2023. Comments will be provided to Board members for review prior to the meeting but will not be read aloud during the public meeting.
Members of the public wishing to address the Board in person during the public meeting will be permitted to do so. Open Forum will be held at 1:00pm on JANAURY 19, 2023, at 10100 Burnet Road, Bldg 137 (Balcones Room), Austin, Texas 78758. Each speaker will be given no more than three (3) minutes to speak.
The Board President may reduce the time provided for public comments based on the number of requests received.
TEXAS BOARD OF NURSING REGULAR MEETING JANUARY 19, 2023 AGENDA
Section 46.035 of the Texas Penal Code prohibits handgun licensees from carrying their handguns at government meetings such as this one. This prohibition applies to both concealed carry and open carry by handgun licensees. Handgun licensees are required by law to refrain from carrying their handguns at this meeting.
CALL TO ORDER - 9:00 am
REVIEW OF AGENDA JANUARY 2023 AGENDA AND NOTICE.pdf
REVIEW OF THE MINUTES: October 22, 2022 Board Meeting Minutes October 2022 Meeting Minutes.pdf
CONSENT AGENDA:
- Update of Pending Litigation in the Matters of: Adaku Charity Abakwue v. Texas Board of Nursing, Cause No. D-1-GN-19002934, 250th Judicial District Court, Travis County, Texas; Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19-008365, 345th Judicial District Court, Travis County, Texas; Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19-007180, Travis County, Texas; Rene Dominguez v. Texas Board of Nursing, Cause No. D-1-GN-19-007343, 353rd Judicial District Court, Travis County, Texas; Maria Beatrice Salas v. Texas Board of Nursing, Cause No. D-1-GN-20-000326, 419th Judicial District Court, Travis County, Texas; Michelle Marie Edwards v. Texas Nursing Board, Cause No. D-1-GN-22-001375, 353rd District Court, Travis County; Texas; and Sonja Oniece Shannon v. Texas Board of Nursing, and in their official capacities only, Katherine Thomas, Executive Director, and Kathy Shipp, President of the Board, Travis County, Texas. The Board Reserves the Right to Convene in Executive Session, if Necessary, Pursuant to §551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation in these Matters
- Financial Statement – 1ST Quarter, Fiscal Year 2023 - MMajek/LPerez
3.1.1. 3-1-1.pdf Promoting Continuing Competency Report – TSherman
3.1.2 3-1-2.pdf . Report on Implementation of the Knowledge Skills Training Assessment and Research (KSTAR) Nursing Program – KBenton/SCaddell
3.2.1. 3-2-1.pdf Five-Year Report on New Nursing Education Programs and Currently Active Proposals – JHooper
3.2.2. 3-2-2.pdf Status Report on Programs with Sanctions - JHooper
3.2.3. 3-2-3.pdf Report on Communication Activities with Nursing Education Programs – JHooper/VAyars
3.2.5 . Report of Joint Survey Visit with the Accreditation Commission for Education in Nursing -Kilgore College in Kilgore, Texas Associate Degree Nursing Education Program – GVarnell
3.2.6. 3-2-6.pdf Report of the Status of Nurse Refresher Courses in Texas – VAyars
3.2.7. Consideration of Change in Approval Status from Conditional Approval to Full Approval
4.1. Complaint Status Report - TDiggs
5.1.1 5-1-1.pdf . Eligibility and Disciplinary Committee - JWJohnston
- Texas Peer Assistance Program for Nurses (TPAPN)
- 7.1.2 7-1-2.pdf . Texas Peer Assistance Program for Nurses Third Party Referral Report – TDiggs
- 7.1.3 7-1-3.pdf . Texas Peer Assistance Program for Nurses Advisory Committee – DBenbow
- 7.1.4 7-1-4.pdf . Texas Nurses Foundation/Texas Peer Assistance Program for Nurses Enhanced Contract and Performance Monitoring Report, 1ST Quarter Fiscal Year 2023 – BMiller/JWJohnston
5.1.2. 5-1-2.pdf Quarterly Statistical Report – 1ST Quarter, Fiscal Year 2023 - MMajek/KThomas
6.1. 6-1.pdf Nurse Licensure Compact Update – KThomas
8.1. Agreed Orders
8.2 . Agreed Orders - KSTAR Program
8.3 . Deferred Agreed Orders
8.4 . Reinstatement Agreed Orders
8.5 . Eligibility Agreed Orders
8.6 . ALJ Proposals for Decision
8.6.1 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Petition for Reinstatement of Permanent Certificate #164764, Issued to D’HAVELYN SHARNET HUSTON, SOAH Docket No. 507-22-06479- JAbel (C.Hawkins/K.Wright/M.Jamison)
8.6.2 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #735461, Issued to SAFARAHH MCMILLAN, SOAH Docket No. 507-22-2016- JAbel
8.6.3 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #622606, #AP126871, and RX #16893, Issued to JILL MEREDITH, SOAH Docket No. 507-21-3239- JAbel
8.6.4 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #821842, Issued to JORGE PICHARDO, SOAH Docket No. 507-23-02845 - JAbel
8.7. ALJ Default Proposals for Decision Remand
8.7.1 . Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #792626, Issued to CASEY BERNARD READ, SOAH Docket No. 507-22-08774- JAbel
1.ADMINISTRATION *1.1. 1-1.pdf Executive Director’s Report – KThomas
1.2. Legal -JWJohnston
C *1.2.1. Update of Pending Litigation in the Matters of: Adaku Charity Abakwue v. Texas Board of Nursing, Cause No. D-1-GN-19002934, 250th Judicial District Court, Travis County, Texas; Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19008365, 345th Judicial District Court, Travis County, Texas; Texas Board of Nursing v. Ken Paxton, Attorney General of Texas, Cause No. D-1-GN-19007180, Travis County, Texas; Rene Dominguez v. Texas Board of Nursing, Cause No. D-1-GN-19-007343, 353rd Judicial District Court, Travis County, Texas; Maria Beatrice Salas v. Texas Board of Nursing, Cause No. D-1-GN-20-000326, 419th Judicial District Court, Travis County, Texas; Michelle Marie Edwards v. Texas Nursing Board, Cause No. D-1-GN-22-001375, 353rd District Court, Travis County; Texas; and Sonja Oniece Shannon v. Texas Board of Nursing, and in their official capacities only, Katherine Thomas, Executive Director, and Kathy Shipp, President of the Board, Travis County, Texas. The Board Reserves the Right to Convene in Executive Session, if Necessary, Pursuant to §551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation in these Matters.
1.2.1.a. Convene in Executive Session, Pursuant to §551.071(1), Texas Government Code, to Discuss Pending or Contemplated Litigation, including potential settlement offers, in the following matter: Amber K. Walkington v. Texas Board of Nursing, Kathy Shipp, MSN, RN, FNP, Texas Board of Nursing President; and Katherine A. Thomas, MN, RN, FAAN, Texas Board of Nursing Executive Director, Cause No. D-1-GN-21-005747, 250th Judicial District Court, Travis County, Texas – JWJohnston/KHolsinger
*1.3 1-3.pdf . Texas Board of Nursing Fiscal Year 2022 Annual Report - KThomas
2.OPERATIONS
C * 2-1.pdf Financial Statement – 1ST Quarter, Fiscal Year 2023 - MMajek/LPerez
3.NURSING
3.1. Practice
C * 3-1-1.pdf Promoting Continuing Competency Report – TSherman
C *3.1.2 3-1-2.pdf . Report on Implementation of the Knowledge Skills Training Assessment and Research (KSTAR) Nursing Program – KBenton/SCaddell
3.2. Education
C *3.2.1. 3-2-1.pdf Five-Year Report on New Nursing Education Programs and Currently Active Proposals – JHooper
C *3.2.2 3-2-2.pdf . Status Report on Programs with Sanctions - JHooper
C *3.2.3 3-2-3.pdf . Report on Communication Activities with Nursing Education Programs – JHooper/VAyars
3.2.4. Consideration of Findings from Virtual Survey Visits * 3-2-4-a.pdf . Clarendon College in Pampa, Texas – Associate Degree Nursing Education Program –
LDonnelly* 3-2-4-b.pdf . Coastal Bend College in Beeville, Texas – Associate Degree Nursing Education Program
– BSkloss * 3-2-4-c.pdf . Houston Community College in Houston, Texas – Associate Degree Nursing Education Program – JHooper/KBenton* 3-2-4-d.pdf . South Plains College -Levelland in Levelland, Texas–Vocational Nursing Education Program – LDonnelly
* 3-2-4-e.pdf . Texas Southmost College in Brownsville, Texas – Vocational Nursing Education Program-BSkloss
C *3.2.5 . Report of Joint Survey Visit with the Accreditation Commission for Education in Nursing -Kilgore College in Kilgore, Texas Associate Degree Nursing Education Program – GVarnell
C *3.2.6 3-2-6.pdf . Report of the Status of Nurse Refresher Courses in Texas – VAyars
3.2.7. Consideration of Change in Approval Status from Conditional Approval to Full Approval C *3.2.7.a 3-2-7-a.pdf . College of Nursing and Advanced Health Professions in Richardson, Texas – Associate Degree Nursing Education Program – GVarnell C *3.2.7.b 3-2-7-b.pdf . Texas State Technical College – West Texas in Sweetwater, Texas –Associate Degree Nursing Education Program – BSkloss C *3.2.7.c 3-2-7-c.pdf . The College of Health Care Professions in Houston, Texas – Associate Degree Nursing Education Program – BSkloss
C *3.2.7.d 3-2-7-d.pdf . Wharton County Junior College in Wharton, Texas – Vocational Nursing Education Program – BSkloss
3.2.8. Consideration of Proposal to Establish a New Nursing Education Program
*3.2.8.a 3-2-8-a-PUBLIC.pdf . Consideration of Proposal to Establish a New Nursing Education Program–Fairfield University in Austin, Texas–Baccalaureate Degree Nursing Education Program –
JHooper/VAyars
4.ENFORCEMENT C *4.1. 4-1.pdf Complaint Status Report – TDiggs
5.COMMITTEE REPORTS
5.1. Board Committees C *5.1.1. 5-1-1.pdf Eligibility and Disciplinary Committee – JWJohnston
C *5.1.2 5-1-2.pdf . Quarterly Statistical Report – 1ST Quarter, Fiscal Year 2023 - MMajek/KThomas
5.2. Advisory Committees/Task Forces *5.2.1. 5-2-1.pdf Advanced Practice Nursing Advisory Committee – KShipp/JZych
5.2.2. Nursing Practice Advisory Committee – LDisque/EMcDermott
5.3. Collaboration with Outside Agencies/Stakeholders
5.3.1. National Council of State Boards of Nursing
5.3.1.a. Appointment of Board Members to attend the NCSBN Mid-Year Meeting to be held March 28-30, 2023 in Seattle, WA – KShipp/KThomas
5.3.2. Texas Center for Nursing Workforce Studies Advisory Committee - KThomas
5.3.3. Texas Health and Human Services Commission e-Health Advisory Committee – EMcDermott
5.3.4. Update on Texas Workforce Commission Nursing Apprenticeship Program - JHooper
5.3.5. Task Force to Study Implications of Growth of Texas Nursing Education Programs
*5.3.5.a 5-3-5-a.pdf . Consideration of Request for Charge to Begin Planning for a 2024 Statewide Nursing Summit - KBenton
OPEN FORUM:
6.OLD BUSINESS C *6.1. 6-1.pdf Nurse Licensure Compact Update - KThomas
*6.2 6-2.pdf . Consideration of Adoption of Amendments to 22 Texas Administrative Code §221.12, Relating to Scope of Practice, including written comments received - JAbel
7.NEW BUSINESS
7.1. Texas Peer Assistance Program for Nurses (TPAPN)
**7.1.1. 7-1-1.pdf Texas Peer Assistance Program for Nurses Quarterly Report for the 1ST Quarter – SBumpus C *7.1.2. 7-1-2.pdf Texas Peer Assistance Program for Nurses Third Party Referral Report - TDiggsC *7.1.3. 7-1-3.pdf Texas Peer Assistance Program for Nurses Advisory Committee – DBenbow C *7.1.4. 7-1-4.pdf Texas Nurses Foundation / Texas Peer Assistance Program for Nurses Enhanced Contract
and Performance Monitoring Report, 1ST Quarter Fiscal Year 2023 - BMiller/JWJohnston
*7.2 7-2.pdf . Consideration of the Internal Audit of Human Resource Management – MRufus/KThomas/ MMajek/DChambers/SZimmerman
7.3. Consideration of Delegating Settlement Authority Regarding Matters on Appeal to Executive Director – JWJohnston/JAbel
*7.4 7-4.pdf . Review and Consideration of Current Positions Statements With Changes- EMcDermott
15.3 LVNs Engaging in Intravenous Therapy, Venipuncture, or Peripherally Inserted Central Catheter (PICC) Lines
15.8 Role of the Nurse in Moderate Sedation
15.12 Use of American Psychiatric Association Diagnoses by LVNs, RNs, or APRNs
15.14 Duty of a Nurse in any Practice Setting
15.30 Workplace Violence
*7.5 7-5.pdf . Review and Consideration of Current Positions Statements Without Changes- EMcDermott
15.1 Nurses Carrying out Orders from Physician Assistants
15.2 The Role of the Licensed Vocational Nurse in the Pronouncement of Death
15.4 Educational Mobility
15.5 Nurses with Responsibility for Initiating Physician Standing Orders
15.6 Board Rules Associated with Alleged Patient “Abandonment”
15.7 The Role of LVNs & RNs in Management and/or Administration of Medications via Epidural or Intrathecal Catheter Routes
15.9 Performance of Laser Therapy by RNs or LVNs
15.10 Continuing Education: Limitations for Expanding Scope of Practice
15.11 Delegated Medical Acts
15.13 Role of LVNs and RNs in School Health
15.15 Board's Jurisdiction over a Nurse's Practice in Any Role and Use of the Nursing Title
15.16 Development of Nursing Education Programs
15.17 Texas Board of Nursing/Board of Pharmacy, Joint Position Statement, Medication Errors
15.18 Nurses Carrying out Orders from Advanced Practice Registered Nurses
15.19 Nurses Carrying out Orders from Pharmacists for Drug Therapy Management
15.20 Registered Nurses in the Management of an Unwitnessed Arrest in a Resident in a Long Term Care Facility
15.22 APRNs Providing Medical Aspects of Care for Individuals with Whom There is a Close Personal Relationship
15.23 The use of Complementary modalities by the LVN or RN
15.24 Nurses Engaging in Reinsertion of Permanently Placed Feeding Tubes
15.25 Administration of Medication & Treatments by LVNs
15.27 The Licensed Vocational Nurse Scope of Practice
15.28 The Registered Nurse Scope of Practice
15.29 Professional Boundaries including Use of Social Media by Nurses
8.PROPOSED BOARD ORDERS C *8.1. Agreed Orders
Biltz, Gabriel Linn RN# 919324 Briseno, Barbara Jane RN# 736105 Castro, Rosselyn LVN# 347388 Clifford, Marcus RN# 784634 Daberkow, Mary Elizabeth RN #815924 Duderstadt, Terri RN #223334 Elelu, Janet Funmilayo LVN# 220517 Flores, Lindsey Michelle RN# 891316 Gardner, Randell Lee RN# 751584 Gates, Ashley Co’Leeta RN# 1023030/ LVN# 323530 Gore, Nancy Louise RN# 629345 Gutierrez, Rebecca Leigh LVN# 186437 Hamilton, Lorena Cantor RN# 939759 Haynes, Shasta LVN# 331725 Hysaw, Donnell Edward RN# 665543/ LVN# 146634 Johnson, Michael Anthony LVN# 335927 Kelley, Kathleen Diane RN# 686769 Martin, Jenna Louise APRN# AP127612/ RX Auth# 17481/ RN# 871658 Moore, Stephanie Raene LVN# 315727 Morgan (Thomas, Smith), Kenlie LVN# 343468 Ochoa, Jose RN# 927436 Perkins, Katherine Jane LVN# 340610 Perry, Gina Marie LVN# 228928 Porter, Taylor Ashley RN# 990570 Rogers, William Elbert RN# 715812/ LVN# 193622 Rowland, Amanda Leigh RN# 967065/ LVN# 329245 Runnels, Madison Celeste RN# 897620 Saucedo, Jamie RN# 1024348 Serna, Juan Jose LVN# 209987 Slimak, Cindy McAllister APRN# AP122138/ RX Auth#12804/ RN# 835770 Stewart, Sherry Lynn APRN# AP133985/ RN# 920923 Tiemeyer, Patrick RN# 810219 Webster, Bernadean LVN# 1068959 Westberry Linda LVN# 231017 Williams, Thomas Michael LVN# 310151
C *8.2. Agreed Orders-KSTAR Program
Contreras, Juan Pablo RN# 939765 Jones, Jo Ann LVN# 153624 Kozich, Alec Greer RN# 968019 Ponder, Joshua Dakota RN# 968900
C *8.3. Deferred Agreed Order
None
C *8.4. Reinstatement Agreed Orders
Bibal, Mariezen Valgomera APRN# AP117118/ RX Auth# 8713/ RN# 666009 Buentello, Alexandra Renee LVN# 334515 Galvan, Jose Ignacio RN# 898406/ LVN# 321799 Meja, Mario Alberto RN# 729339 Onuoha (Chilaka), Frances Ego APRN# AP117433/ RX Auth# 9004/ RN# 728821
C *8.5. Eligibility Agreed Orders
None
8.6. ALJ Proposals for Decision
C *8.6.1 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Petition for Reinstatement of Permanent Certificate #164764, Issued to D’HAVELYN SHARNET HUSTON, SOAH Docket No. 507-22-06479- JAbel (C.Hawkins/K.Wright/M.Jamison)
8.6.1.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Petition for Reinstatement of Permanent Certificate #164764, Issued to D’HAVELYN SHARNET HUSTON, SOAH Docket No. 50722-06479
C *8.6.2 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #735461, Issued to SAFARAHH MCMILLAN, SOAH Docket No. 507-22-2016 - JAbel
8.6.2.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #735461, Issued to SAFARAHH MCMILLAN, SOAH Docket No. 507-22-2016
C *8.6.3 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #622606, #AP126871, and RX #16893, Issued to JILL MEREDITH, SOAH Docket No. 507-21-3239- JAbel
8.6.3.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #622606, #AP126871, and RX #16893, Issued to JILL MEREDITH, SOAH Docket No. 507-21-3239
C *8.6.4 . Consideration of Proposal for Decision, Recommendations, proposed settlement Agreements, if any, and Board action: In the Matter of Permanent Certificate #821842, Issued to JORGE PICHARDO, SOAH Docket No. 507-23-02845- JAbel
8.6.4.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #821842, Issued to JORGE PICHARDO, SOAH Docket No. 507-23-02845
8.7. ALJ Default Proposal for Decision Remands
C *8.7.1. Consideration of Order of Dismissal and Remand, Recommendations, proposed settlement agreements, if any, and Board action: In the Matter of Permanent Certificate #792626, Issued to CASEY BERNARD READ, SOAH Docket No. 507-22-08774- JAbel
8.7.1.a. Executive Session pursuant to 551.071(1), Texas Government Code, to discuss pending or contemplated litigation: In the Matter of Permanent Certificate #792626, Issued to CASEY BERNARD READ, SOAH Docket No. 507-22-08774
9.MISCELLANEOUS *9.1. Review of the Board Quarterly Meeting Evaluation – KShipp
9.2 9-2.pdf . Board Development: DON and Nursing Education Consultants Presentation: The Program Proposal Process From the Letter of Intent to the Proposal Presentation to the Board Members– KBenton/JHooper/GVarnell/BSkloss
9.3. Executive Session Pursuant to Tex. Gov't Code Ann. §551.074 (Texas Open Meetings Act) Regarding Personnel Matters - KThomas
January 6, 2023 (4:48PM)
* - Written materials Sent from Office ** -Written materials Sent from third party C - Item is placed on consent (no discusPsion of the material(s) required)
