TITLE examining-boards

Part XI. Board of Nurse Examiners

Chapter 213. Practice and Procedure

22 TAC §§213.13, 213.17, 213.28, 213.29

The Board of Nurse Examiners adopts amendments to §213.13 concerning Complaint Investigation and Disposition; §213.17 concerning Discovery; §213.28 concerning Licensure of Persons with Criminal Convictions; and §213.29 concerning Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters without changes to the proposed text as published in the May 28, 1999 issue of the Texas Register (24TexReg 3976) and will not be republished.

Subsequent to implementation of new Rule 213 in September 1998, staff identified minor oversights or unintended consequences of the new rule. In addition, there is a significant amendment to §213.29 which removes major depression from the list of reportable mental illnesses.

The amendments streamline disciplinary case processing. In §213.13, it was not anticipated that this rule preclude the Board from opening its own investigations or receiving TPAPN or TDH referrals without having them fill out a standardized complaint form. Eliminating this requirement gives the BNE more flexibility in accepting proper complaints. In §213.17, the Board removed reference to Texas Rules of Civil Procedure because the Board's discovery procedures are outlined in the NPA and Administrative Procedures Act. §213.28 will contain similar language to §213.29, allowing the Board to close an eligibility case when an applicant fails to provide requested documentation in a reasonable time frame. The amendment to §213.29 removes a mental health diagnosis which is frequently inappropriately applied and which rarely results in a denial or restrictions.

No comments were received.

The amendments are adopted under the Nursing Practice Act, (Texas Civil Statutes, Article 4514), §1, which provides the Board of Nurse Examiners with the authority and power to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it and article 4525(a) which permits the Board to refuse to issue or renew a license.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on June 30, 1999.

TRD-9903896

Katherine A. Thomas, MN, RN

Executive Director

Board of Nurse Examiners

Effective date: July 20, 1999

Proposal publication date: May 28, 1999

For further information, please call: (512) 305-6816