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Rule §213.1 Definitions

Published: 2015

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The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:   (1) Act--The Nursing Practice Act or NPA, Texas Occupations Code Annotated §§301.001 - 301.607; 303.001 - 304.014.   (2) Address of record--The address of each licensee as provided to the Board of Nurse Examiners (as required by Board rules relating to Change of Name and/or Address) and currently found in §217.7 of this title (relating to Change of Name and/or Address).   (3) Administrative Law Judge or judge--An individual appointed by the chief administrative law judge of the State Office of Administrative Hearings to preside over administrative hearings pursuant to Texas Government Code Annotated, Chapter 2003, §2003.041. The term shall also include any temporary administrative law judge appointed by the chief administrative law judge pursuant to Texas Government Code Annotated §2003.043.   (4) Adverse licensure action--Any action to fine, reprimand, warn, limit, probate, revoke, suspend, or otherwise discipline a license or multistate licensure privilege. The term includes an order accepting a voluntary surrender in lieu of disciplinary action.   (5) Answer--A responsive pleading.   (6) APA--Administrative Procedure Act, Texas Government Code Annotated Chapter 2001.   (7) Attorney of record--A person licensed to practice law in Texas who has provided the staff with written notice of representation.   (8) Board--The Board of Nurse Examiners appointed pursuant to Texas Occupations Code Annotated §301.051. For purposes of this section, "Board" also includes a three member standing committee designated by the Board to determine matters of eligibility for licensure and discipline of licensees.   (9) Client--See Patient.   (10) Complaint--Written accusations made by any person, or by the Board on its own initiative, alleging that a licensee's conduct may have violated the NPA.   (11) Contested case--A proceeding including, but not restricted to rate making and licensing, in which the legal rights, duties or privileges of a party are to be determined by an agency after an opportunity for adjudicative hearing.   (12) Conviction--The result of a criminal proceeding wherein an individual, based on a plea or verdict, is adjudged guilty of the offense charged, or has been placed on probation with or without an adjudication of guilt, or has received an order of deferred adjudication.   (13) Declaratory order--An order, issued by the Board pursuant to Texas Occupations Code Annotated §301.257, determining the eligibility of an individual for initial licensure as a registered or vocational nurse and setting forth both the basis for potential ineligibility and the Board's determination of the disclosed eligibility issues.   (14) Default proceeding--The issuance of a proposal for decision or an order in which the factual allegations against the respondent in a contested case are deemed admitted as true upon the respondent's failure to appear at a properly noticed hearing, or failure to file a response to the Formal Charges.   (15) Eligibility and Disciplinary Committee--A three member committee organized in accordance with §211.6 of this title (relating to Agreements in Writing) and authorized by the Board to make a final disposition of licensure eligibility and disciplinary matters including temporary suspension.   (16) Eligibility matter--A proceeding by which an individual requests licensure (such as by Petition for Declaratory Order, Application for Examination, Application for Endorsement), Reinstatement, Reissuance, or Renewal.   (17) Executive director--The executive director of the Board of Nurse Examiners.   (18) Formal charges--Pleading of the staff publicly alleging the reasons for disciplinary actions against a registered or vocational nurse created in accordance with Texas Occupations Code Annotated §301.458.   (19) Hearing--A public adjudicative proceeding at the State Office of Administrative Hearings.   (20) Informal conference--A non-public settlement meeting conducted by the executive director or designee to resolve a disciplinary or eligibility matter pending before the Board.   (21) Initial licensure--The original grant of permission to practice nursing in Texas, regardless of the method through which licensure was sought.   (22) License--Includes the whole or part of any Board permit, certificate, approval, registration, or similar form of permission required by law to practice professional or vocational nursing in the State of Texas. For purposes of this subchapter, the term includes a multistate licensure privilege.   (23) Licensee--A person who has met all the requirements to practice as a registered or vocational nurse pursuant to the Nursing Practice Act and the Rules and Regulations relating to Nurse Education, Licensure and Practice and has been issued a license to practice professional or vocational nursing in Texas. For purposes of this subchapter, the term includes a person who practices pursuant to a multistate licensure privilege.   (24) Licensing--Includes the Board's process with respect to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, amendment of a license, or multistate licensure privilege.   (25) Minor Incident--Conduct in violation of the Nursing Practice Act, which after a thorough evaluation of factors enumerated under §217.16 of this title (relating to Minor Incidents), indicates that the nurse's continuing to practice professional or vocational nursing does not pose a risk of harm to a client or other person and, therefore, does not need to be reported to the Board or peer review committee.   (26) Multistate Licensure Privilege--See Texas Occupations Code Annotated §304.001, article 1(h) (definition of Multistate Licensure Privilege). For purposes of this subchapter, the multistate licensure privilege means the privilege to practice as a professional or vocational nurse in the state of Texas based on the current, official authority to practice as a nurse in another state that has enacted the Nurse Licensure Compact, Texas Occupations Code Annotated Chapter 304.   (27) Order--A written decision of the Board, regardless of form, signed by the Board or the executive director on its behalf.   (28) Party--A person who holds a license issued by the Board of Nurse Examiners or multistate licensure privilege, a person who seeks to obtain, retain, modify his or her license, or a multistate licensure privilege, or the Board of Nurse Examiners.   (29) Patient--An individual under the care and treatment of a health care professional either at a health care facility or in his/her own home.   (30) Person--Any individual, representative, corporation, or other entity, including any public or non-profit corporation, or any agency or instrumentality of federal, state, or local government.   (31) Petitioner--A party, including the staff, who brings a request or action and assumes the burden of going forward with an administrative proceeding, e.g., the staff in an action to discipline a licensee, the person who seeks reinstatement of a license, or the person who seeks a determination of eligibility for licensure.   (32) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise addresses matters involved in the case.   (33) Reinstatement--The process of reissuing and restoring a license to active status that has been previously suspended, revoked, or voluntarily surrendered.   (34) Respondent--A party, including the staff, to whom a request is made or against whom an action is brought, e.g., the licensee in a disciplinary action by the staff, the person who holds a multistate licensure privilege in a disciplinary action by the staff, the Board in a reinstatement action, or the Board in an action to determine eligibility for licensure.   (35) Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of a state agency. The term includes the amendment or repeal of a prior rule, and does not include statements regarding only the internal management or organization of any agency and not affecting private rights or procedures.   (36) SOAH--The State Office of Administrative Hearings.   (37) Staff--The staff of the Board, not including the executive director. For purposes of these rules, the staff may act through the legal counsel.   (38) Technical error--A judge's misinterpretation or misapplication of sound nursing principles or minimum nursing practice standards in a proposal for decision that must be corrected to sufficiently protect the public.

Source Note: The provisions of this §213.1 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884