Part XII.
Board of Vocational Nurse Examiners
Chapter 237.
Continuing Education
Subchapter A. Definitions
22 TAC §237.1
The Board of Vocational Nurse Examiners adopts the repeal
of §237.1 relating to Definitions without changes to the proposed text
published in the June 25, 1999 issue of the
Texas
Register
(24 TexReg 4692).
This rule is adopted for clarification and to establish a numbering system
for all definitions.
No comments were received relative to the repeal of this rule.
The repeal is adopted under Texas Civil Statutes, Article 4528c,
Section 4(f), which provides the Board of Vocational Nurse Examiners with
the authority to make such rules and regulations as may be necessary to carry
in effect the purposes of the law.
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 August
4, 1999.
TRD-9904805
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: August 24, 1999
Proposal publication date: June 25, 1999
For further information, please call: (512) 305-8100
The Board of Vocational Nurse Examiners
adopts new §237.1 relating to Definitions with changes to the proposed
text published in the June 25, 1999 issue of the
Texas Register
(24 TexReg 4692). The change is in (13) Delinquent License.
The word licensure should read relicensure.
New §237.1 is adopted for clarification and to establish a numbering
system for all definitions.
No comments were received relative to the adoption of this rule.
The rule is adopted under Texas Civil Statutes, Article 4528c,
Section 4(f), which provides the Board of Vocational Nurse Examiners with
the authority to make such rules and regulations as may be necessary to carry
in effect the purposes of the law.
§237.1.Definitions.
The following words and terms, when used in this chapter shall have
the following meanings unless the context clearly indicates otherwise:
(1)
Academic Course--A specific set of learning experiences
offered in an accredited school, college, or university. Academic credit will
convert on the following basis: one academic quarter hour=10 contact hours;
one academic semester hour=15 contact hours.
(2)
Accredited--Recognized as having met certain predetermined
standards or qualifications. The accreditation applies to an agency or organization
which is recognized by the Board to approve programs and providers.
(3)
Approved--Recognized as having met established standards
and predetermined criteria of the Board.
(4)
Approver--Agency or organization recognized by the
Board to approve programs and/or providers. May be referred to as credentialing
agency.
(5)
Audit--Verification of a licensee's (or provider's)
satisfactory completion of the Board's criteria related to continuing education
during a specified time period.
(6)
Auditing Academic Courses--Attending courses in nursing
or health care in a university or college program without receiving formal
credit.
(7)
Authorship--Development of an original manuscript
for a journal article or text accepted by a publisher for statewide or national
distribution on a subject related to nursing or health care.
(8)
Board--Board of Vocational Nurse Examiners
(9)
C.E.U.--continuing education unit. Unit of measure
used to designate 10 contact hours. One CEU = 10 contact hours.
(10)
Classroom Instruction--Workshops, seminars, institutes,
conferences or short-term courses which the individual attends and are approved
for continuing education credit.
(11)
Contact Hour--50 consecutive minutes of participation
in an approved learning activity.
(12)
Continuing Education--Programs beyond the basic preparation
which are designed to promote and enrich knowledge, improve skills and develop
attitudes for the enhancement of nursing practice, thus improving health care
to the public.
(13)
Delinquent License--One which has not been renewed
by the Board due to failure to meet relicensure requirements. Also referred
to as a lapsed license.
(14)
Endorsement--Process by which a licensee from another
state whose requirements are equal to those of Texas, and whose individual
qualifications are equivalent to those required by law is granted a license
to practice as a licensed vocational nurse in this state without examination
after paying the required fee and meeting all other requirements.
(15)
External Nursing Degree Courses--Courses leading
to a degree in nursing that are granted by an accredited institution via distance
learning. The institution is not required to be located in Texas but is required
to meet the Texas Higher Education Coordinating Board's rules for degree granting
in Texas and recognized by a state board of nursing.
(16)
Inactive License--License which provides legal authority
to use the title vocational nurse, but which prohibits the nurse from being
gainfully employed.
(17)
Individualized Instruction--A program initiated by
the individual and completed at the individual's pace. Activities which may
be approved for credit include home study and programmed instruction.
(18)
Inservice--Programs sponsored by the employing agency
to provide information about the work-setting, such as philosophy, policies
and procedures, on-the-job training, orientation, and equipment demonstration.
These do not meet criteria for continuing education credit.
(19)
Institutional-based Instruction--Planned programs
conducted by the employing agency for the development of its nursing staff's
knowledge and improvement of skills. Institutional-based instruction which
meets the Board's criteria may be approved for C. E. credit. This shall not
be inservice programs.
(20)
Nursing Practice--Performance of services for compensation
appropriate for licensed vocational nurses employed in clinical settings,
administration, education, or research
(21)
Orientation--A program designed to introduce employees
to the philosophy, goals, policies, procedures, role expectations and physical
facilities of a specific work place. This does not meet the continuing education
criteria as intended by these rules.
(22)
Program--An organized educational activity designed
and evaluated to meet a set of behavioral objectives. May be presented in
one session or a series of sessions.
(23)
Program Development--The development and presentation
of a program which is not part of the licensee's primary employment responsibilities
may be considered for continuing education credit for the program presenter.
(24)
Provider--Individual, partnership, organization,
agency or institution which offers continuing education programs.
(25)
Provider Number--Unique number assigned to the provider
upon approval by a credentialing agency.
(26)
Reactivation--Process of making a license current,
which has been held in abeyance per licensee's request for placement on the
inactive list. This process does not involve Board action at any juncture.
(27)
Refresher Course--Program designed to update knowledge
of current nursing theory and clinical practice. Consists of a didactic and
clinical component to ensure entry level competencies into vocational nursing
practice. Refresher courses are not acceptable for continuing education credit.
(28)
Reinstatement--The individual with a revoked or suspended
license must demonstrate or supply evidence to the Board of their rehabilitation
or current fitness to hold a license. Reinstatement petitions shall be considered
no sooner than five years following a revocation order, one year following
a voluntary surrender revocation order, or in the case of a suspension order,
upon conclusion of the specified period of suspension.
(29)
Renewal Period--Two year period determined by the
licensee's birth month and year. It begins on the first day of the month following
the birth month and ends on the last day of the birth month in odd or even-numbered
years. Also called biennium.
(30)
Self-directed Study--An educational activity where
the learner takes the initiative and the responsibility for assessing, planning,
implementing and evaluating the activity.
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 August
4, 1999.
TRD-9904806
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: August 24, 1999
Proposal publication date: June 25, 1999
For further information, please call: (512) 305-8100
22 TAC §237.16
The Board of Vocational Nurse Examiners adopts the amendment
of §237.16 relating to Additional Criteria for Specific Continuing Education
Programs without change to the proposed text as published in the June 25,
1999, issue of the
Texas Register
(24 TexReg
4693). Therefore, the text will not be republished.
The amendment is adopted to clarify awarding of contact hours for written
proficiency examinations.
No comments were received relative to the adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
4528c, §4(f), which provides the Board of Vocational Nurse Examiners
with the authority to make such rules and regulations as may be necessary
to carry in effect the purposes of the law.
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 August
4, 1999.
TRD-9904807
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: August 24, 1999
Proposal publication date: June 25, 1999
For further information, please call: (512) 305-8101
Subchapter A. Definitions
22 TAC §239.1
The Board of Vocational Nurse Examiners adopts the amendment
to §239.1 relating to definitions without changes to the proposed text
as published in the June 25, 1999, issue of the
Texas Register
(24 TexReg 4694). Therefore, the text will not be republished.
The rule is amended to include a definition for Professional Boundary.
No comments were received relative to the adoption of this amendment.
The amendment is adopted under Texas Civil Statutes, Article
4528c, §5(f), which provides the Board of Vocational Nurse Examiners
with the authority to make such rules and regulations as may be necessary
to carry in effect the purposes of the law. No other statute, article or code
will be affected by this proposal.
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 August
4, 1999.
TRD-9904809
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: August 24, 1999
Proposal publication date: June 25, 1999
For further information, please call: (512) 305-8101
22 TAC §239.11
The Board of Vocational Nurse Examiners adopts the amendment
of §239.11 relating to unprofessional conduct without changes to the
proposed text as published in the June 25, 1999, issue of the
Texas Register
(24 TexReg 4694). Therefore, the text will not be republished.
The rule is amended to specifically address professional boundary violations.
The amendment will enhance the effectiveness of the Board in disciplining
LVNs who endanger the appropriate professional relationship.
No comments were received to the adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
4528c, §5(f), which provides the Board of Vocational Nurse Examiners
with the authority to make such rules and regulations as may be necessary
to carry in effect the purposes of the law.
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 August
4, 1999.
TRD-9904810
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: August 24, 1999
Proposal publication date: June 25, 1999
For further information, please call: (512) 305-8101
22 TAC §240.11, §240.12
The Board of Vocational Nurse Examiners adopts the amendments
of §240.11 relating to Minor Incidents and §240.12 relating to Mandatory
Reporting with changes to the proposed text as published in the June 25, 1999,
issue of the
Texas Register
(24 TexReg 4695).
Section 240.12(a) as published is missing the word "to" between "violation"
and "the" in the last sentence.
The amendments to §240.11 and §240.12 are adopted for clarification.
No comments were received relative to the adoption of these amendments.
The amendments of these rules are adopted under Texas Civil Statutes,
Article 4528c, §4(f), which provides the Board of Vocational Nurse Examiners
with the authority to make such rules and regulations as may be necessary
to carry in effect the purposes of the law.
§240.11. Minor Incidents.
(a)-(e)
(No change.)
(f)
Nothing in this rule is intended to prevent reporting
alleged violations as described in §240.12 of this Chapter entitled Mandatory
Reporting.
§240.12. Mandatory Reporting.
(a)
A licensed vocational nurse who has observed a violation
of the Vocational or RN Nurse Act/Rules which exposed a patient or other person
unnecessarily to a serious risk or harm resulting in further medical intervention
and/or death shall report said violation to the appropriate supervisory individual
and/or submit a written complaint to the appropriate board. The person in
authority shall initiate an investigation and report the violation to the
peer review committee as deemed appropriate. In facilities where there is
no peer review committee, the individual in authority will report the violation
to the board office in a signed written document that includes the name of
the nurse committing the alleged violation and any other pertinent information.
(b)
Each employer of a vocational nurse who is believed to
have exposed a patient or other person unnecessarily to serious risk of harm,
resulting in further medical intervention and/or death, because of unprofessional
conduct, failure to adequately care for a patient, failure to conform to the
minimum standards of acceptable vocational nursing practice, or impairment,
shall report to the Board in a signed written document, the name of the vocational
nurse committing the alleged violation and any other pertinent information
within the vocational nurse employer's knowledge.
(c)
Each vocational nurse employer that regularly employs,
hires or otherwise contracts for the services of 10 or more vocational nurses
shall develop a written plan for identifying and reporting vocational nurses
in its service who expose patients or other persons unnecessarily to a serious
risk of harm resulting in further medical intervention and/or death, because
of unprofessional conduct, failure to adequately care for a patient, failure
to conform to the minimum standards of acceptable vocational nursing practice,
or impairment. The plan must include an appropriate process for the review
of any incident reportable under this Chapter by a vocational nursing peer
review committee established and operated under §240.13 and for the affected
vocational nurse to submit rebuttal information to that committee.
(d)
(No change.)
(e)
Each national or state association of vocational nurses
that conducts a certification or accreditation program for vocational nurses
that expels, decertifies, or takes any other substantive disciplinary action,
as defined by the Board, against a vocational nurse as a result of the vocational
nurse's failure to conform to the minimum standards of acceptable vocational
nursing practice, shall report to the Board in writing the name of the vocational
nurse committing the alleged violation and any other pertinent information
within the association's knowledge.
(f)-(w)
(No change.)
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 August
4, 1999.
TRD-9904808
Mary M. Strange, RN, BSN, CNA
Executive Director
Board of Vocational Nurse Examiners
Effective date: August 24, 1999
Proposal publication date: June 25, 1999
For further information, please call: (512) 305-8101
Chapter 535.
Provisions of the Real Estate License Act
Subchapter B. Definitions
Subchapter B. Continuing Education
Chapter 239.
Contested Case Procedure
Subchapter B. Enforcement
Chapter 240.
Peer Review and Reporting
Part XXIII.
Texas Real Estate Commission