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