425 - bne.state.tx.us · 425 texas board of nursing pre-board meeting training session 3:00 pm -...

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TEXAS BOARD OF NURSING

Pre-Board Meeting Training Session3:00 pm - 5:00 pm333 Guadalupe, Tower II, Room 225Austin, Texas

Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Nina Almasy, BSN, RN, MSN, Representing LVN EducationDeborah Hughes Bell, CLU, ChFC, Representing ConsumersPatti Clapp, BA, Representing ConsumersTamara Cowen, MSN, RN, Representing RN PracticeMarilyn J. Davis, BSN, RN, MPA, Representing RN PracticeKathy Leader-Horn, LVN, Representing LVN PracticeJosefina Lujan, PhD, RN, Representing BSN EducationBeverley Jean Nutall, LVN, Representing LVN Practice

Absent:Sheri Denise Crosby, JD, SPHR, Representing ConsumersShelby Ellzey, Representing ConsumersMonica Hamby, LVN, Representing LVN PracticeMary LeBeck, MSN, RN, Representing ADN Education

Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsKristin Benton, Director of NursingJames “Dusty” Johnston, General Counsel Jena Abel, Assistant General CounselJohn Vanderford, Assistant General CounselMelinda Hester, Nursing ConsultantVirginia Ayars, Nursing ConsultantSandi Emerson, Nursing ConsultantDenise Benbow, Nursing ConsultantBonnie Cone, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistLaura Lewis, Administrative AssistantJeremy Bruker, Information TechnologyBill Ray, Information Technology

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AGENDA ITEM DISCUSSION ACTION

CALL TO ORDER Kathy Shipp called the meeting to order at3:00 pm, Wednesday, April 16, 2014.

ROLL CALL Katherine Thomas did the roll call. Aquorum was established with ninemembers in attendance, Board MembersShelby Ellzey, Monica Hamby, MaryLeBeck and Sheri Crosby were absent.

The Board received training on new softwarefor the Board Meetings. A representativefrom BoardDocs Paperless Softwarereviewed the software functions and useswith the Board.

No action.

ADJOURNMENT Having completed this day’s business themeeting adjourned at 5:00 pm.

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Regular Meeting

Wednesday, April 16, 20148:32 am - 7:12 pm333 Guadalupe, Tower II, Room 225Austin, Texas

Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Nina Almasy, BSN, RN, MSN, Representing LVN EducationDeborah Hughes Bell, CLU, ChFC, Representing ConsumersPatti Clapp, BA, Representing ConsumersTamara Cowen, MSN, RN, Representing RN PracticeMarilyn J. Davis, BSN, RN, MPA, Representing RN PracticeShelby Ellzey, Representing ConsumersKathy Leader-Horn, LVN, Representing LVN Practice, Present through 1:00 pmJosefina Lujan, PhD, RN, Representing BSN EducationBeverley Jean Nutall, LVN, Representing LVN Practice

Absent:Sheri Denise Crosby, JD, SPHR, Representing ConsumersMonica Hamby, LVN, Representing LVN PracticeMary LeBeck, MSN, RN, Representing ADN Education

Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsKristin Benton, Director of NursingJames “Dusty” Johnston, General Counsel Jena Abel, Assistant General CounselJohn Vanderford, Assistant General CounselJan Hooper, Nursing ConsultantMelinda Hester, Nursing ConsultantVirginia Ayars, Nursing ConsultantSandi Emerson, Nursing ConsultantDenise Benbow, Nursing ConsultantBonnie Cone, Nursing ConsultantJolene Zych, Nursing ConsultantNicole Binkley, Nursing ConsultantLinda Laws, Nursing ConsultantBruce Holter, Information SpecialistLaura Lewis, Administrative AssistantJeremy Bruker, Information TechnologyBill Ray, Information Technology

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CALL TO ORDER Kathy Shipp called the meeting to order at8:32 am, Wednesday, April 16, 2014.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with ten members inattendance, Board Members Monica Hamby,Mary LeBeck and Sheri Crosby were absent.

INTRODUCTIONS Board Members and Staff introducedthemselves to the audience and attendees.

ACCEPTANCE OFAGENDA

The Board reviewed the agenda. The Board voted to Approve the Agenda.

ACCEPTANCE OF MINUTES

The Board reviewed the minutes from theJanuary 23-24, 2014 Board Meeting.

The Board voted to Approve the Minutesfrom the January 23-24, 2014 BoardMeeting.

CONSENTAGENDA ITEMS

The Consent Agenda was reviewed, thefollowing item(s) were removed from theConsent Agenda:

7.1.1. Texas Peer Assistance Program forNurses Quarterly Report;

8.6.10. Docket No. 507-14-0839, In theMatter of Permanent Certificates RN#779366 and LVN #169920, Issued toKenneth John Tweet.

The following recusals were made:

8.4. Eligibility Agreed OrdersBoard Member Nina Almasy recused herselffrom the consideration and vote on theEligibility Agreed Order of:Jessica Argelia Avelar-Martinez

8.6. Default ALJ Proposals for DecisionBoard Members Deborah Bell, TamaraCowen and Beverley Nutall recusedthemselves prior to the consideration andvote on:8.6.1. Docket No. 507-14-1417, In the Matterof Permanent Certificate LVN #148667,Issued to Toni Jean Blassingame;

Board Members Deborah Bell, Kathy Shippand Kathy Leader-Horn recused themselvesprior to the consideration and vote on:8.6.7. Docket No. 507-14-0885, In the Matterof Permanent Certificate LVN #221862,Issued to Christopher Ryhne Orand;

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Board Members Deborah Bell, TamaraCowen and Beverley Nutall recusedthemselves prior to the consideration andvote on:8.6.11. Docket No. 507-13-5903, In theMatter of Permanent Certificate RN #525699,Issued to Tammy R. Uretsky;

Board Members Deborah Bell, TamaraCowen and Beverley Nutall recusedthemselves prior to the consideration andvote on:8.6.12. Docket No. 507-13-5902, In theMatter of Permanent Certificate LVN#221161, Issued to Jamie Lee Watson.

The Consent Agenda was approved.

1.2.1. Update ofPending Litigationin the Matters of: Ex Parte BrianZalesky, Cause No.D-1-EX-09-000516,427th JudicialDistrict Court,Travis County,Texas;BernardinoPedraza, Jr. vs.Texas State Boardof Nursing, CauseNo. C-2541-10-B;In the 93rd JudicialDistrict, HidalgoCounty; Texas;Rodney WayneHicks vs. TexasBoard of Nursing,and in their officialcapacities only,Katherine Thomas,Executive Director,and Kristin K.Benton, Presidentof the Board, CauseNo. Cause No.D-1-GN-12-003118,in the 353rd JudicialDistrict Court,Travis County,Texas; Stanley Payne,Plaintiff, vs. TexasBoard of NurseExaminers a/k/a

Approved on Consent.

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Texas Board ofNursing, Defendant,Cause No.D-1-GN-12-003072,in the 126th JudicialDistrict Court,Travis County,Texas; Valerie Green vs.Texas Board ofNurses, KatherineThomas, ExecutiveDirector, James W.Johnston, GeneralCounsel, andAnthony L. Diggs,DirectorEnforcement,Cause No.2013-07-0473, Inthe 2nd JudicialDistrict, CherokeeCounty, Texas; and Jane Otieno vs.Texas Board ofNursing, Cause No.D-1-GN-13-002487,In the 201st DistrictCourt, TravisCounty, Texas.The BoardReserves the Rightto Convene inExecutive Session,if Necessary,Pursuant to§551.071(1), TexasGovernment Code,to Discuss Pendingor ContemplatedLitigation in theseMatters.

2.2. ContinuingEducationPre-Renewal AuditReport - 2ND

Quarter, FiscalYear 2014


3.2.1. Status Reporton New NursingEducationPrograms andActive and PotentialProposals


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3.2.2. Status Reporton Programs withSanctions


3.2.3. Report onCommunicationActivities withNursing EducationPrograms


3.2.4. Update onHoward PayneUniversity JoiningPatty HanksShelton School ofNursing in Abilene,Texas -BaccalaureateDegree NursingProgram


3.2.5.Consideration ofChange in ApprovalStatus from FullApproval withWarning to FullApproval 3.2.5.a. DallasNursing Institute inDallas, Texas -Vocational NursingEducation Program


3.2.5.b. KaplanSchool of Nursingin Corpus Christi,Texas - VocationalNursing EducationProgram


3.2.6. Report ofNCLEX-PN®Examination PassRates for 2013


3.2.7.Consideration ofNotification ofVoluntary Closingof a NursingEducation Program 3.2.7.a. AmericanMedical Institute inHouston, Texas -Vocational NursingEducation Program


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3.2.7.b. PlattCollege in Dallas,Texas - VocationalNursing EducationProgram


3.2.7.c. UniversalHealth ServicesSchool in FortWorth, Texas -Vocational NursingEducation Program


4.1. CriminalBackground CheckUpdate


4.2. Report onEnforcement’sInitiative to AddressComplaint Backlog


5.1.1. Eligibility andDisciplinaryCommittee


5.1.2. QuarterlyStatistical Report -2ND Quarter, FiscalYear 2014


6.1. NurseLicensure compactUpdate


7.1.2. Texas PeerAssistanceProgram for NursesThird Party ReferralReport


8.1. Agreed Orders The Board voted to ratify the Agreed Orderson Consent with the following results:

Alston, Debra Timmons, RN# 247651/ LVN#56006

Warning with Stipulations

Ayim, Tabitha Awusa, RN# 567240 Warning with Stipulations

Campbell, Jacqueline D., RN# 525661 Warning with Stipulations

Cook, Danielle Huet, RN# 681929 Warning with Stipulations

Cooke, Jr., Richard J., RN# 247724 Warning with Stipulations

Davis (Davis-Greenlaw), Davina J., RN#588766


Epps, Muriel Denise, RN# 502598 Warning with Stipulations

Falcon, Donna, RN# 648529 Suspend/Probate

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Fusco, Angelina, RN# 737667 Suspend/Probate

Garrison, James Ray, RN# 605406 Suspend/Probate

Gilchriest, Chrisha Lanae, LVN# 310207 Warning with Stipulations

Guajardo, Samuel, LVN# 313983 Warning with Stipulations

Harrow, Laura Jean, LVN# 164957 Warning with Stipulations

Hellar, Kim Maria, RN# 760140 / LVN#158917


Hernandez-Luna, Blanca Maricela, RN#797231

Suspend/Probate

Howard, Tanisha Darlene, LVN# 187350 Enforced Suspension

Johnson, Stacey Elizabeth, RN# 753394 Suspend/Probate

Kay, Margie Ann, RN# 667370/ LVN#138640


Lacy, Amanda Rene, RN# 756225 Reprimand with Stipulations

Lang, Maribel Gonzales, RN# 702502 / LVN#176324

Suspend/Probate

McRae, Debra Lynn, LVN# 232177 Reprimand with Stipulations

Mejia, Alejandro Valdez, RN# 730762 Suspend/Probate

Miller, Rhajena Lynn, LVN# 129519 Enforced Suspension

Nawra, Takwih Ndohmbi, LVN# 312348 / RNExam Petitioner


Pelata, Louis Albert, RN# 812283 Reprimand with Stipulations

Poulton, Jonathan David, RN# 711744 Warning with Stipulations

Rittmann, Sandra Lee, RN# 780585 Reprimand with Stipulations

Rodriquez, Lisa Kay, RN# 752860 Warning with Stipulations

Sachetta, Angela, LVN# 107346 Suspend/Probate

Sanford, Dorothy Latishia, RN# 766286 Reprimand with Stipulations

Scott, Cynthia R., RN# 710562 Suspend/Probate

Scott (Banks), Emily Bernice, LVN# 203627 Suspend/Probate

Strange, Christopher John, RN# 660202 Warning with Stipulations

Sulla, Anuncio Luarez, RN# 676544 Suspend/Probate

Tatkei, Anne Jemutai, LVN# 311813 Warning with Stipulations

Taylor-Bradford, Tanya Renee, MS PTP RN#R883731


Webster, Tracy, RN# 657175/ FNP Suspend/Probate

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Wiggins, Barbara S., RN# 245873 Warning with Stipulations

8.2. DeferredAgreed Orders

Lopato, Irene Akintola, LVN# 304649 Warning with Stipulations - Deferred

Sandmann (King), Shawna Kay, RN# 769195/ LVN# 211141

Warning with Stipulations - Deferred

8.3. ReinstatementAgreed Order

Gentry, Lowana Lorraine, LVN# 122774 Reinstated with Stipulations

8.4. EligibilityAgreed Orders

Akers, Christopher Matthew, RN ExamPetitioner

Eligibility Agreed Order with Stipulations

Anderson (Yockers), Carol Lorraine, RNExam Petitioner


Avelar-Martinez, Jessica Argelia, LVN ExamPetitioner

Board Member Nina Almasy recused herselfprior to the consideration and vote on thisagenda item.Eligibility Agreed Order with Stipulations

Busby, Quintin Marcel, LVN ExamPetitioner


Perkins, Adrian Dwayne, LVN ExamPetitioner


Sanchez, Christian Baltazar, RN ExamPetitioner


Washington (Raven), Shelonia Maria, LVNExam Petitioner


8.6. Default ALJProposals forDecision

8.6.1. Docket No.507-14-1417, In theMatter ofPermanentCertificate LVN#148667, Issued toToni JeanBlassingame

Board Members Deborah Bell, TamaraCowen and Beverley Nutall recusedthemselves prior to the consideration andvote on this agenda item.Revoked by Default.

8.6.2. Docket No.507-14-1378, In theMatter ofPermanentCertificates RN#607590 and LVN#143788, Issued to

Revoked by Default.

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GINA WYATTCASTLEBERRY

8.6.4. Docket No.507-14-0983, In theMatter ofPermanentCertificate RN#587660, Issued toBARBARA JEANGIBSON

Revoked by Default.

8.6.5. Docket No.507-14-0842, In theMatter ofPermanentCertificate LVN#167085, Issued toCAYLA ANNHICKS

Revoked by Default.

8.6.6. Docket No.507-14-0984, In theMatter ofPermanentCertificate LVN#133463, Issued toJAMES EDWARDMAYES

Revoked by Default.

8.6.7. Docket No.507-14-0885, In theMatter ofPermanentCertificate LVN#221862, Issued toCHRISTOPHERRHYNE ORAND

Board Members Deborah Bell, Kathy Shippand Kathy Leader-Horn recused themselvesprior to the consideration and vote on thisagenda item.Revoked by Default.

8.6.8. Docket No.507-14-0629, In theMatter ofPermanentCertificate RN#768192, Issued toALICIA JEANROMO

Revoked by Default.

8.6.11. Docket No.507-13-5903, In theMatter ofPermanentCertificate RN#525699, Issued toTAMMY R.URETSKY

Board Members Deborah Bell, TamaraCowen and Beverley Nutall recusedthemselves prior to the consideration andvote on this agenda item.Revoked by Default.

8.6.12. Docket No.507-13-5902, In the

Board Members Deborah Bell, TamaraCowen and Beverley Nutall recused

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Matter ofPermanentCertificate LVN#221161, Issued toJAMIE LEEWATSON

themselves prior to the consideration andvote on this agenda item.Revoked by Default.

8.6.13. Docket No.507-14-1058, In theMatter ofPermanentCertificate LVN#171007, Issued toIESHA CRYSTALWHITE

Revoked by Default.

1.ADMINISTRATION 1.1. ExecutiveDirector’s Report

Katherine Thomas reviewed her writtenreport to the board.

No action.

2. OPERATIONS 2.1. FinancialStatement - 2ND

Quarter, FiscalYear 2014

Mark Majek reviewed the FinancialStatement - 2ND Quarter, Fiscal Year 2014with the Board.

No action.

3. NURSING 3.1. PRACTICE 3.1.1. PromotingCompetency Report

Bonnie Cone reviewed her written report withthe Board.

No action.

3.1.2. Report onImplementation ofSB 1857, 82ND

Texas Legislatureand the LVN On-Call Pilot Program

Melinda Hester provided a historicalperspective and overview of the LVN On-CallPilot Program planning and implementationincluding a memorandum of understandingbetween the Texas Department of Aging andDisability Services (DADS) and the BON,development of pilot operational andcommunication protocols, as well asconducting numerous state-wide trainings forpilot participants. This pilot is in the thirdyear of implementation, BON and DADS staffare evaluating data through random samplingand DADS mortality review reports.Significant concerns have been identifiedincluding: • Lack of Documentation regarding when

calls are received or made by nurses; whatinterventions occurred; what follow-upoccurred; notifications to the RN; and

No action.

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resolutions regarding the individual'scondition.

• Lack of RN supervision. • Direct communication between the LVN

and the direct support worker regarding anindividual's condition.

• Documentation demonstrating thatcomprehensive nursing assessments havebeen performed.

• Documentation demonstrating that nursingservice plans are performed.

• Education and training about the pilotprogram

Board staff have met with the DeputyCommissioner at DADS to discuss theseconcerns. Board staff remains responsive toquestions about the pilot and are workingclosely with DADS staff and the SB 1857advisory committee in all aspect of the LVNOn-Call pilot program.

3.2. EDUCATION 3.2.8. Report ofSurvey Visit to aNursing Educationprogram 3.2.8.a. ConcordeCareer Institute inArlington, Texas -Vocational NursingEducation Program

The Board considered the report of thefocused survey visit on February 13, 2014, toConcorde Career Institute Vocational NursingEducation Program in Arlington, Texas,related to a complaint received by BoardStaff about irregularities in the clinicallearning experiences at Concorde.Marilyn Long, Grand Prairie CampusPresident; Debbie Venbertloh, MSN, RN; andConstance Woulard, MSN, RN were presentand available to answer questions.

Motion by Tamara Cowen; Second byDeborah Bell.

The Board voted to accept the Survey VisitReport and issue the following requirements:Requirements:1. The program shall submit to the Board nolater than June 1, 2014, a plan for the eight(8) students to fulfill the course-requirednumber of faculty-supervised hands-onclinical practice hours that were required ofall students in the course. 2. The administration shall provide evidenceto Board Staff no later than June 1, 2014,that the program director has the authority todirect the program in all its phases includingthe authority to enforce program policies.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Kathy Leader-Horn, JosefinaLujan, Deborah Bell, Beverley Nutall, andTamara Cowen.

Final Resolution: Motion Carries.

3.2.9.Consideration ofChange in ApprovalStatus from Full

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Approval to FullApproval withWarning 3.2.9.a. GalenCollege of Nursingin San Antonio,Texas - VocationalNursing EducationProgram

The Board considered the proposed changein approval status for the Galen College ofNursing Vocational Nursing (VN) EducationProgram in San Antonio, Texas, from FullApproval to Full Approval with Warningbased upon the 2013 NCLEX-PN®examination pass rate, review of the 2013Nursing Education Program InformationSurvey, and compliance with Board Rule214.Trina Campos, MSN, RN, Director; VivianLilly, PhD, MBA, RN, CNE, Academic Dean,San Antonio Campus; and Kathleen Hill, JD,MSN, RN, Director of ProgrammaticAccreditation were present and available toanswer questions.


The Board voted to change the approvalstatus of the Galen College of NursingVocational Nursing Education Program inSan Antonio, Texas from Full Approval to FullApproval with Warning and issue therequirement/condition and delegate to Staffto evaluate enrollments and cohorts to setreasonable admission targets for cohortsgoing forward.Requirement:A program survey visit is to be conducted bya Consultant for Nursing Education during2014.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Kathy Leader-Horn, JosefinaLujan, Deborah Bell, Beverley Nutall, andTamara Cowen.


3.2.9.b. VistaCollege in El Paso,Texas - VocationalNursing EducationProgram

The Board considered a proposed change inthe program approval status of Vista CollegeVocational Nursing (VN) Education Programin El Paso, Texas, based upon the review ofthe 2013 NCLEX-PN® examination passrate, the 2013 Nursing Education ProgramInformation Survey (NEPIS), and programnoncompliance with Rule 214.Delores Iheanacho, MSN, RN, Director andRebecca Zielinski, Regional, Vice-PresidentOperations were present and available toanswer questions.

Motion by Tamara Cowen; Second by PattiClapp.

The Board voted to change the approvalstatus of Vista College Vocational NursingEducation Program in El Paso, Texas fromFull Approval to Full with Warning andimpose the condition listed and delegate tothe Staff to evaluate enrollments and cohortsto set reasonable admission targets forcohorts going forward.Condition:A program survey visit is to be conducted bya Consultant for Nursing Education during2014.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, KathyLeader-Horn, JosefinaLujan, Deborah Bell, BeverleyNutall, andTamara Cowen.


3.2.9.c. KaplanCollege in SanAntonio, Texas -Vocational NursingEducation Program

The Board considered the proposed changein approval status for the Kaplan College -San Antonio Vocational Nursing (VN)Education Program in San Antonio, Texas,from Full Approval to Full Approval with


The Board voted to change the approvalstatus of the Kaplan College - San Antonio

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Warning based upon the 2013 NCLEX-PN®examination pass rate, review of the 2013Nursing Education Program InformationSurvey, and compliance with Board Rule214.Alexandria Garza, BSN, RN, Interim Directorand Liza Canchola, Executive Director werepresent and available to answer questions.

Vocational Nursing Education Program inSan Antonio, Texas from Full Approval to FullApproval with Warning and issue thefollowing requirement/condition and delegateto the Staff to evaluate enrollments andcohorts to set reasonable admission targetsfor cohorts going forward.Requirement:A program survey visit is to be conducted bya Consultant for Nursing Education during2014.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Kathy Leader-Horn, JosefinaLujan, Deboarh Bell, Beverley Nutall, andTamara Cowen.


3.2.9.d. WesternTexas College inSnyder, Texas -Vocational NursingEducation Program

The Board considered the proposed changein approval status for Western Texas CollegeVocational Nursing (VN) Education Programin Snyder, Texas, from Full Approval to FullApproval with Warning based upon the 2013NCLEX-PN® examination pass rate, reviewof the 2013 Nursing Education ProgramInformation Survey (NEPIS), and areas ofnoncompliance with Rule 214 identified in the2013 Self-Study Report.Eva Culp, BSN, RN, Interim Director andRichard Schulze were present and availableto answer questions.

Motion by Deborah Bell; Second by MarilynDavis.

The Board voted to change the approvalstatus for Western Texas College VocationalNursing Education Program in Snyder,Texas, from Full Approval to Full Approvalwith Warning and impose the followingcondition:Condition:A program survey visit is to be conducted bya Consultant for Nursing Education during2014.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Kathy Leader-Horn, JosefinaLujan, Deborah Bell, Beverley Nutall andTamara Cowen.


3.2.9.e. QuestCollege in SanAntonio, Texas -Vocational NursingEducation Program

The Board considered the proposed changein approval status for the Quest CollegeVocational Nursing (VN) Education Programin San Antonio, Texas, from Full Approval toFull Approval with Warning based upon the2013 NCLEX-PN® examination pass rate,review of the 2013 Nursing EducationProgram Information Survey, and compliancewith Board Rule 214.Mary Simcic, RN Director; Angela Miley, MS,RN-BC, Consultant and Jeanne Martin,President were present and available toanswer questions.


The Board voted to change the approvalstatus for the Quest College VocationalNursing Education Program in San Antonio,Texas from Full Approval to Full Approvalwith Warning and issue the followingrequirement/condition and delegate to Staffto evaluate enrollments and cohorts to setreasonable admission targets for cohortsgoing forward.Requirement:A program survey visit is to be conducted bya Consultant for Nursing Education during

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2014.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Kathy Leader-Horn, JosefinaLujan, Deborah Bell, Beverley Nutall andTamara Cowen.


3.2.10. PublicHearing onProposal toEstablish a NewNursing EducationProgram 3.2.10.a. TexasLutheran Universityin Seguin, Texas -BaccalaureateDegree NursingEducation Program

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - Texas LutheranUniversity in Seguin, Texas - BaccalaureateDegree Nursing Education Program. TheBoard considered the Texas LutheranUniversity (TLU) proposal to establish a newBaccalaureate Degree Nursing (BSN)Education Program in Seguin, Texas, and thereport of the survey visit.Kathi Aduddel, EdD, MSN, RN,, StuartDorsey, PhD, President, and Debbie Cottrell,PhD, Vice-President for Academic Affairswere present and available to answerquestions.

Motion by Patti Clapp; Second by DeborahBell.

The Board voted to grant initial approval toTexas Lutheran University to establish a newBaccalaureate Degree Nursing EducationProgram in Seguin, Texas, and impose theconditions/requirements below.Conditions/Requirements:1. The program shall not admit more thanone (1) cohort of thirty (30) studentsannually.2. The program shall not enroll students untilBoard Staff have reviewed evidence that thefacilities are adequate for the program.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Josefina Lujan, Deborah Bell,Beverley Nutall and Tamara Cowen.


3.2.10.b.Clarendon Collegein Pampa, Texas -Associate DegreeNursing EducationProgram

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - Clarendon College inPampa, Texas - Associate Degree NursingEducation Program. The Board consideredthe Clarendon College proposal to establisha new Associate Degree in Nursing (ADN)Education Program in Pampa, Texas, thatincludes a generic ADN track and anLVN-to-ADN mobility track.Jackie Sublett, MSN, RN, Propose Director;Ray Jarmillo, MBA, Vice-President; and KoryDunn, RN, VN Director were present andavailable to answer questions.

Motion by Josefina Lujan; Second byDeborah Bell.

The Board voted to grant initial approval toClarendon College to establish a newAssociate Degree Nursing EducationProgram in Pampa, Texas, and impose thefollowing conditions/requirements:Conditions/Requirements:1. The program shall not admit more thanthree (3) cohorts annually. The LVN-to-ADNmobility tract will admit not more than twenty(20) students in May of each year, and thegeneric program will admit not more thanthirty-five (35) students in January andAugust of each year, for a total of ninety (90)students per year for both tracks.2. The program shall not enroll students until

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Board Staff have conducted a survey visitand have determined that the facilities areadequate for the program.



3.2.11.Consideration ofChange in ApprovalStatus from FullApproval withWarning toConditionalApproval 3.2.11.a. FortisCollege in Houston,Texas - VocationalNursing EducationProgram

The Board considered the proposed changein approval status for Fortis CollegeVocational Nursing (VN) Education Programin Houston, Texas, from Full with Warning toConditional Approval based upon review ofthe 2013 NCLEX-PN® examination passrate, the 2013 Nursing Education ProgramInformation Survey (NEPIS), and programcompliance with Board Rule 214.McKonnen Birru, PhD, RN, Director andJanet Kramer, MSN, RN, Regional Deanwere present and available to answerquestions.

Motion by Josefina Lujan; Second by MarilynDavis.

The Board voted to change the approvalstatus of Fortis College Vocational NursingEducation Program in Houston, Texas fromFull Approval with Warning to ConditionalApproval and impose the following conditions/requirements:Conditions/Requirements:1. The program shall not enroll studentswhile on Conditional status.2. The program will remain on Conditionalapproval status until, at a minimum, theprogram demonstrates a pass rate forfirst-time candidates of at least 80% on the2014 NCLEX-PN® examination and fullcompliance with Rule 214. The 2014NCLEX-PN® examination year is January 1,2014 through December 31, 2014.3. The program must demonstrate fullcompliance with Rule 214 prior toconsideration of a change in approval status.4. A program survey visit will be conductedby Board Staff during 2014.

For: Shelby Ellzey, Patti Clapp,Nina Almasy,Marilyn Davis, Josefina Lujan, Deborah Bell,Beverley Nutall and Tamara Cowen.


5. COMMITTEEREPORTS 5.1. BoardCommittees

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5.1.3.Development andEvaluation

The Board discussed future possible BoardDevelopment.Patti Clapp requested a presentation on theCommittees of the National Council of StateBoards of Nursing;Tamara Cowen requested a presentation onTele-Health.

The Board Staff noted the requests for futureBoard Development.

5.2. AdvisoryCommittees/TaskForces 5.2.1. AdvancedPractice NursingAdvisoryCommittee

No report.

5.2.2. NursingPractice AdvisoryCommittee

Denise Benbow reported that at the October2013 Board meeting, Board memberscharged the Nursing Practice AdvisoryCommittee to evaluate whether thedevelopment, authorship and presentation ofapproved continuing education may beaccepted for continuing education credit. TheNPAC meeting is planned for May 19 and willbe in Tower 2, Room 225.

No action.

5.2.3. AdvisoryCommittee onEducation

No report.

5.2.4. AdvisoryCommittee onLicensure, Eligibilityand Discipline

No report.

5.2.5. Task Forceon Delegation 5.2.5.a.Consideration ofAppointment ofNew CommitteeMember to TaskForce onDelegation

The Board considered the nominations forreplacements to serve on the DelegationTask Force, Chapter 224 of:• Ms. Irma Elizondo, RN, BSN, a graduate of

University of Texas Health Science Center,San Antonio (1983), has been nominatedto replace Ms. Skeleton. Ms. Elizondocurrently holds the position of NursingFacility Policy Specialist, RegulatoryServices and has an extensive nursingbackground in nursing facilities.

and• Dr. Donna Richardson, RN, DNP, a recent

graduate of the Doctorate of NursingPractice (DNP) program at Texas ChristianUniversity (2012,) has been nominated by


The Board voted to accept and approve thenominations of Irma Elizondo, RN, BSN andDr. Donna Richardson, RN, DNP to serve onthe Delegation Task Force for Chapter 224.



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Texas Nurses Association to replace JulieWithaeger, MSN RNC-NIC. Dr.Richardson is currently the Vice-President,Associate CNO at Parkland Health &Hospital System in Dallas, Texas.

5.2.6. Task Forceto StudyImplications of theGrowth of TexasNursing EducationPrograms

Kristin Benton presented a verbal report toupdate the Board. The Task Force to StudyImplications of Growth in Texas NursingEducation programs has not met sinceNovember, but is planning to meet nextFriday, April 25th here in the Hobby Bldg. The task force is currently working on twocharges: 1-Develop a guideline for optimal clinicalinstruction2-Analyze the 2013 NEPIS (Nursingeducation program information survey) withregard to clinical hoursSince the last face to face meeting inNovember, the task force has been finetuning a survey to go out to nursing faculty,students and clinical partners to seek theirinput on quality clinical instruction that wentlive on April 16th. The responses will beused in conjunction with current literature tofurther shape the guideline in to assistfaculty with optimal clinical instruction.

No action.

5.3. Collaborationwith OutsideAgencies /Stakeholders 5.3.3. NationalCouncil of StateBoards of Nursing -Taxonomy of ErrorRoot CauseAnalysis of Practice(TERCAP)

Skylar Caddell reported the NCSBNTERCAP database is nearing 3000 cases,which is the threshold for a new analysis andreport. In a prior analysis a change in jobswas a risk factor for practice breakdown andsystems issues were not as big a factor.

No action.

5.3.3.a. Texas -Taxonomy of ErrorRoot CauseAnalysis of Practice(TERCAP) Update

Kristin Benton presented a historicaloverview and verbal update on the TexasTERCAP Pilot. This was a non-action item.Data collection is ongoing and will continuethrough August 2014. Since the last Boardmeeting, Board staff have conducted several(34) conference calls with TERCAP pilotparticipants and the TERCAP workgroup tosee how the pilot is going for them. Overall,the pilot participants and workgroupmembers were positive about the pilot. Manyremarked they believe the TERCAP pilotinstrument is very helpful in providing

No action.

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structure to evaluating nursing practicebreakdown. Participants commented theybelieve the communication from Board staffregarding the pilot has been helpful andfrequent enough to meet their needs. Someparticipants indicated a need for guidancefrom the Board regarding a definition of,"contribute" and Board staff are working onthis now. The next written report will bepresented at the October 2014 meeting andwill include analysis of the pilot and anyrecommendations for the future of TexasTERCAP.

OPEN FORUM: Kathy Shipp announced the format andinvited participation from the audience. Nospeakers came forward and the Open Forumwas closed at 1:32 p.m.

No action.

7. NEW BUSINESS 7.1. Texas PeerAssistanceProgram forNurses (TPAPN) 7.1.1. Texas PeerAssistanceProgram for NursesQuarterly Report

Katherine Thomas reported that TPAPN has met with Board Staff to discuss flexibilitywithin the Program. Additionally TPAPN hashired additional case workers to assist withthe elimination of the current three-four weekbacklog with participant enrollment.

No action.

7.1.3. Texas PeerAssistance programfor Nurses AdvisoryCommittee

Denise Benbow reported that the Texas PeerAssistance Program for Nurses (TPAPN)Advisory Committee met on January 31,2014 and March 7, 2014. The AdvisoryCommittee members were provided copies ofthe new Participant Handbook andParticipant Forms Handbook. Discussions atthe meetings included the numbers ofTPAPN participants, changes in the TPAPNprogram, and the delay in participants beingable to enter the TPAPN program. TheAdvisory Committee has formed task forcegroups to work on specific projects. TheTPAPN strategic plan was reviewed and thecommittee provided suggestions forrevisions. The next TPAPN AdvisoryCommittee Meeting will be June 6, 2014.

No action.

7.2. Considerationof the 2013 Quality

The Board considered the Quality Assuranceand Improvement Program report presented

No action.

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Assurance andImprovementProgram (QAIP)Report on InternalAudit PerformanceMetrics

by Jaye Stepp, Rupert & Associates, P.C.

7.3. Considerationof the Prior AuditRecommendations(ARTS)

The Board considered the report of the PriorAudit Recommendations (ARTS) presentedby Jaye Stepp, Rupert & Associates, P.C.

No action.

7.4. Considerationof the 2014-1Governance Audit

The Board considered the report on theresults of the 2014-1 Governance Audit aspresented by Jaye Stepp, Rupert &Associates, P.C.

Motion by Tamara Cowen; Second byMarilyn Davis.

The Board voted to accept the Internal AuditReport 2014-1, Governance Audit asprepared by Rupert & Associates for fiscalyear 2014.



7.5. Considerationof Proposed Repealof 22 Tex. Admin.Code Chapter 221,Pertaining toAdvanced PracticeNurses, andProposed New 22Tex. Admin. CodeChapter 221,Pertaining toAdvanced PracticeRegistered Nurses

The Board considered the Proposed Repealof 22 Tex. Admin. Code Chapter 221,Pertaining to Advanced Practice Nurses, andProposed New 22 Tex. Admin. Code Chapter221, Pertaining to Advanced PracticeRegistered Nurses.


The Board voted to approve the proposednew 22 Tex. Admin. Code Chapter 221, Pertaining to Advanced Practice RegisteredNurses, with authority for the GeneralCounsel to make editorial changes asnecessary to clarify rule and Board intent andto comply with the formatting requirements ofthe Texas Register. If no negative commentsand no request for a public hearing arereceived, adopt new 22 Tex. Admin. CodeChapter 221, Pertaining to AdvancedPractice Registered Nurses, as proposed. Further, approve the proposed repeal of 22Tex. Admin. Code Chapter 221, Pertainingto Advanced Practice Nurses, with authorityfor the General Counsel to make editorialchanges as necessary to clarify rule andBoard intent and to comply with theformatting requirements of the TexasRegister. If no negative comments and norequest for a public hearing are received,adopt the repeal of 22 Tex. Admin. CodeChapter 221, Pertaining to AdvancedPractice Nurses, as proposed.

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7.6. Considerationof ProposedAmendments to 22Tex. Admin. Code§213.32, Pertainingto Corrective ActionProceedings andSchedule ofAdministrativeFines

The Board considered the ProposedAmendments to 22 Tex. Admin. Code§213.32, Pertaining to Corrective ActionProceedings and Schedule of AdministrativeFines.

Motion by Deborah Bell; Second by PattiClapp.

The Board voted to approve the proposedamendments to 22 Tex. Admin. Code§213.32, Pertaining to Corrective ActionProceedings and Schedule of AdministrativeFines, with authority for the General Counselto make editorial changes as necessary toclarify rule and Board intent and to complywith the formatting requirements of the TexasRegister. If no negative comments and norequest for a public hearing are received,move to adopt the proposed amendments to22 Tex. Admin. Code §213.32, Pertaining toCorrective Action Proceedings and Scheduleof Administrative Fines, as proposed.



8. Proposed BoardOrders 8.5. ALJProposals forDecision

8.5.1. Docket No.507-13-5024, In theMatter ofPermanentCertificate RN#510065, Issued toJAN E. BROWN 8.5.1.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-5024 8.5.1.b.Consideration ofStaff'sRecommendations

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5024, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the board.

Motion by Josefina Lujan; Second byDeborah Bell.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, includingFinding of Fact Number 40a, added by theALJ in her final letter ruling of January 13,2014, and impose a Reprimand withStipulations against the Respondent'slicense, to include remedial educationcourses, a fine, employer notifications,supervisory conditions, and quarterlyemployer reports for a period of two years.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Deborah Bell and Josefina Lujan.

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for Disposition ofDocket No.507-13-5024,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.1.c.Consideration ofRecommendationby JAN E. BROWN,Docket No.507-13-5024 8.5.1.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#510065, Issued toJAN E. BROWN 8.5.1.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#510065, Issued toJAN E. BROWN

Against: Tamara Cowen, Marilyn Davis,Beverley Nutall.


8.5.2. Docket No.507-13-4730, In theMatter ofPermanentCertificate LVN#205968, Issued toNANETTE MARIECANION 8.5.2.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-4730 8.5.2.b.Consideration ofStaff's

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-4730, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.


The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification and revoke theRespondent's license.



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Recommendationsfor Disposition ofDocket No.507-13-4730,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications8.5.2.c.Consideration ofRecommendationby NANETTEMARIE CANION,Docket No.507-13-47308.5.2.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#205968, Issued toNANETTE MARIECANION8.5.2.e. Convene inOpen Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#205968, Issued toNANETTE MARIECANION

8.5.3. Docket No.507-13-4086, In theMatter ofPermanentCertificates RN#769976 and LVN#110582, Issued toKAREN MARIEDICKEY 8.5.3.a.Consideration ofthe AdministrativeLaw Judge'sProposal for

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-4086, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Tony Bertollino, Attorney for Respondent waspresent and was given full opportunity toaddress the board.

Motion by Josefina Lujan; Second by TamaraCowen.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification except forConclusion of Law Number 13 and impose aWarning with Stipulations against theRespondent's license, to include remedialeducation courses, a fine, employernotifications, incident reporting, and quarterlyemployer reports for a period of one year.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,

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Decision in DocketNo. 507-13-4086 8.5.3.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-4086,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.3.c.Consideration ofRecommendationby KAREN MARIEDICKEY, DocketNo. 507-13-4086 8.5.3.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificates RN#769976 and LVN#110582, Issued toKAREN MARIEDICKEY 8.5.3.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificates RN#769976 and LVN#110582, Issued toKAREN MARIEDICKEY

Marilyn Davis, Josefina Lujan, Deborah Bell,Beverley Nutall and Tamara Cowen.


8.5.4. Docket No.507-13-5618, In theMatter ofPermanentCertificate RN#616887, Issued toSANDRA C. LARA 8.5.4.a.

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5618, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity to

Motion by Josefina Lujan; Second byBeverley Nutall.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification and Suspendthe Respondent's license, probate theSuspension, and require the following

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Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-5618 8.5.4.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-5618,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.4.c.Consideration ofRecommendationby SANDRA C.LARA, Docket No.507-13-5618 8.5.4.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#616887, Issued toSANDRA C. LARA 8.5.4.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#616887, Issued toSANDRA C. LARA

address the board. probationary conditions: remedial educationcourses, a fine, employer notifications,supervisory conditions, and quarterlyemployer reports for a period of two years.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Josefina Lujan, Deborah Bell.

Against: Marilyn Davis, Beverley Nutall,Tamara Cowen.


8.5.5. Docket No.507-13-4108, In theMatter ofPermanentCertificate RN#737971, Issued toDAVINA DANIELLEMOORE

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-4108, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law without Modifications.

Motion by Deborah Bell; Second by BeverleyNutall.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification and revoke theRespondent's license.

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8.5.5.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-4108 8.5.5.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-4108,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.5.c.Consideration ofRecommendationby DAVINADANIELLEMOORE, DocketNo. 507-13-4108 8.5.5.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#737971, Issued toDAVINA DANIELLEMOORE 8.5.5.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#737971, Issued toDAVINA DANIELLEMOORE

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Josefina Lujan, Deborah Bell,Beverley Nutall, Tamara Cowen.


8.5.6. Docket No.507-12-4027, In theMatter of

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of Docket

Motion by Tamara Cowen; Second by PattiClapp.

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PermanentCertificate RN#614293, Issued toDARLENE M.MORIARTY 8.5.6.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-12-4027 8.5.6.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-12-4027,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.6.c.Consideration ofRecommendationby DARLENE M.MORIARTY,Docket No.507-12-4027 8.5.6.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#614293, Issued toDARLENE M.MORIARTY 8.5.6.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#614293, Issued toDARLENE M.MORIARTY

No. 507-12-4027, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.Elizabeth Higginbotham, Attorney forRespondent was present and was given fullopportunity to address the board.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification; adopt newFinding of Fact Number 22; impose aReprimand with Stipulations against theRespondent's license, to include remedialeducation courses, a fine in the amount of$750., employer notifications, incidentreporting, quarterly employer reports, andassess administrative costs in the amount of$4,237.95 against the Respondent.

For: ShelbyEllzey, Patti Clapp, Nina Almasy,Marilyn Davis, Josefina Lujan, Deborah Bell,Beverley Nutall, Tamara Cowen.


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8.5.7. Docket No.507-13-4735, In theMatter ofPermanentCertificate LVN#183715, Issued toBEATRICEOLUCHI OSISI 8.5.7.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-4735 8.5.7.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-4735,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWith Modifications 8.5.7.c.Consideration ofRecommendationby BEATRICEOLUCHI OSISI,Docket No.507-13-4735 8.5.7.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#183715, Issued toBEATRICEOLUCHI OSISI 8.5.7.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#183715, Issued to

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-4735, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law with Modifications.


The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification and suspendthe Respondent's license, with thesuspension probated, for two years, withprobationary stipulations.



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BEATRICEOLUCHI OSISI

8.5.8. Docket No.507-13-4733, In theMatter ofPermanentCertificate RN#551793, Issued toMADELINE JOYCEREGGINS 8.5.8.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-4733 8.5.8.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-4733,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.8.c.Consideration ofRecommendationby MADELINEJOYCE REGGINS,Docket No.507-13-4733 8.5.8.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#551793, Issued toMADELINE JOYCEREGGINS 8.5.8.e. Convenein Open Session toconsiderrecommendations

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-4733, Including Adoption of theProposal for Decision's Findings of Fact andConclusions of Law without Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the board.


The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification and impose atwo year probated suspension against theRespondent's license, with probationaryconditions and the assessment ofadministrative costs.



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and take action: Inthe Matter ofPermanentCertificate RN#551793, Issued toMADELINE JOYCEREGGINS

8.5.9. Docket No.507-13-6073, In theMatter ofPermanentCertificate LVN#194641, Issued toCOMFORTDELANDOROBERTS 8.5.9.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-13-6073 8.5.9.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-13-6073,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.9.c.Consideration ofRecommendationby COMFORTDELANDOROBERTS, DocketNo. 507-13-6073 8.5.9.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#194641, Issued to


Motion by Deborah Bell; Second by TamaraCowen.

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification and suspendthe Respondent's license until a Boardapproved evaluator provides verification ofRespondent's competency to practice anduntil Respondent has resolved his issueswith the Louisiana State Board.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Deborah Bell, Beverley Nutall,Tamara Cowen.

Not present for vote: Josefina Lujan


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COMFORTDELANDOROBERTS 8.5.9.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#194641, Issued toCOMFORTDELANDOROBERTS

8.5.10. Docket No.507-14-1270, In theMatter ofPermanentCertificate RN#616037, Issued toALFRED SOLIZ 8.5.10.a.Consideration ofthe AdministrativeLaw Judge'sProposal forDecision in DocketNo. 507-14-1270 8.5.10.b.Consideration ofStaff'sRecommendationsfor Disposition ofDocket No.507-14-1270,Including Adoptionof the Proposal forDecision's Findingsof Fact andConclusions of LawWithoutModifications 8.5.10.c.Consideration ofRecommendationby ALFRED SOLIZ,Docket No.507-14-1270 8.5.10.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pending


Motion by Deborah Bell; Second by BeverleyNutall

The Board voted to adopt all of the proposedFindings of Fact and Conclusions of Law inthe PFD without modification, and revoke theRespondent's license.



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or contemplatedlitigation: In theMatter ofPermanentCertificate RN#616037, Issued toALFRED SOLIZ 8.5.10.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#616037, Issued toALFRED SOLIZ

8.6. Default ALJProposals forDecision

8.6.3. Docket No.507-13-3932, In theMatter ofPermanentCertificate LVN#213491, Issued toANDREA YVETTEFISHER 8.6.3.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, DismissingCase 8.6.3.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate LVN#213491 byDefault, inConjunction withOrder No. 1, DocketNo. 507-13-3932 8.6.3.c.Consideration ofRecommendationby ANDREAYVETTE FISHER,Docket No.507-13-3932

The Board considered the Administrative LawJudge's Order, Dismissing Case FromDocket and Staff's Recommendation toRevoke Permanent Certificate LVN#213491by Default, in Conjunction with Order No. 1,Docket No. 507-13-3932.Andrea Yvette Fisher Respondent waspresent and was given full opportunity toaddress the board.


The Board voted to adopt the proposed orderand revoke the Respondent's nursing licenseby default.

For: Shelby Ellzey, Nina Almasy, MarilynDavis, Deborah Bell, Beverley Nutall, TamaraCowen.

Against: Patti Clapp.

Not Present for vote: Josefina Lujan.


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8.6.3.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#213491, Issued toANDREA YVETTEFISHER 8.6.3.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate LVN#213491, Issued toANDREA YVETTEFISHER

8.6.9. Docket No.507-14-0631, In theMatter ofPermanentCertificate RN#692835, Issued toWINSETTANDREW ROYE 8.6.9.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, Dismissingand RemandingCase 8.6.9.b.Consideration ofStaff'sRecommendationto RevokePermanentCertificate RN#692835 byDefault, inConjunction withOrder No. 1, DocketNo. 507-14-0631 8.6.9.c.Consideration ofRecommendationby WINSETT

The Board considered the Administrative LawJudge's Order, Dismissing Case FromDocket and Staff's Recommendation toRevoke Permanent Certificate RN #692835by Default, in Conjunction with Order No. 1,Docket No. 507-14-0631.


The Board voted to adopt the proposed orderand revoke the Respondent's nursing licenseby default.

For: Shelby Ellzey, Patti Clapp, Nina Almasy,Marilyn Davis, Deborah Bell, Beverley Nutall,Tamara Cowen.

Not Present for Vote: Josefina Lujan


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ANDREW ROYE,Docket No.507-14-0631 8.6.9.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#692835, Issued toWINSETTANDREW ROYE 8.6.9.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificate RN#692835, Issued toWINSETTANDREW ROYE

ADJOURNMENT Having completed this day’s business themeeting adjourned at 7:12 pm.

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Regular Meeting

Thursday, April 17, 20148:07 am - 11:51 am333 Guadalupe, Tower II, Room 225Austin, Texas

Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Nina Almasy, BSN, RN, MSN, Representing LVN EducationDeborah Hughes Bell, CLU, ChFC, Representing ConsumersPatti Clapp, BA, Representing ConsumersTamara Cowen, MSN, RN, Representing RN PracticeMarilyn J. Davis, BSN, RN, MPA, Representing RN PracticeShelby Ellzey, Representing ConsumersJosefina Lujan, PhD, RN, Representing BSN EducationBeverley Jean Nutall, LVN, Representing LVN Practice

Absent:Sheri Denise Crosby, JD, SPHR, Representing ConsumersMonica Hamby, LVN, Representing LVN PracticeKathy Leader-Horn, LVN, Representing LVN PracticeMary LeBeck, MSN, RN, Representing ADN Education

Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsKristin Benton, Director of NursingJames “Dusty” Johnston, General Counsel Jena Abel, Assistant General CounselJohn Vanderford, Assistant General CounselMelinda Hester, Nursing ConsultantVirginia Ayars, Nursing ConsultantSandi Emerson, Nursing ConsultantDenise Benbow, Nursing ConsultantBonnie Cone, Nursing ConsultantJolene Zych, Nursing ConsultantNicole Binkley, Nursing ConsultantLinda Laws, Nursing ConsultantBruce Holter, Information SpecialistLaura Lewis, Administrative AssistantJeremy Bruker, Information TechnologyBill Ray, Information Technology

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CALL TO ORDER Kathy Shipp called the meeting to order at8:07 am, Thursday, April 17, 2014.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with nine members inattendance, Board Members Monica Hamby,Kathy Leader-Horn, Mary LeBeck and SheriCrosby were absent.

1.ADMINISTRATION 1.2. Legal 1.2.2. Discussionof Requirement forQuorum toConduct BoardBusiness

Dusty Johnston reviewed the meetingattendance requirements as defined inSection 301.055, Texas OccupationsCode.

No action.

1.3. Update onStrategic Plan andLegislativeAppropriationsRequest(s)

Katherine Thomas and Mark Majekpresented an Update on the Strategic Planand Legislative Appropriations Request(s). Board Member Tamara Cowen suggestedthat a section on Tele-Health be added tothe Strategic Plan.

No action.

3. NURSING 3.1. PRACTICE 3.1.3. Report onImplementation ofthe KnowledgeSkills TrainingAssessment andResearch (KSTAR)Pilot

Melinda Hester reviewed her report on theImplementation of the Knowledge SkillsTraining Assessment and Research (KSTAR)Pilot.Ann Utterback, Sue Moreland and Suzie Vanpresented to the Board and responded toquestions from the Board.

No action.

5. COMMITTEEREPORTS 5.3. Collaborationwith OutsideAgencies /Stakeholders

5.3.1. StatewideHealth CoordinatingCouncil TexasCenter for NursingWorkforce StudiesAdvisoryCommittee

Katherine Thomas reported on leadershipchanges to the TCNWS including that bothCo-Chairs, Alexia Green and Richard Beardhave resigned their positions with theStatewide Health Coordinating Council TexasCenter for Nursing Workforce StudiesAdvisory Committee. Mrs. Thomas alsoreported on recent staff to staff meetingsregarding bylaws and public data reported bythe Center and the Board. Bylaws weredrafted as amended to reflect the current

Motion by: Josefina Lujan; SecondTamara Cowen.

The Board voted to have Staff conduct aformal study of the advantages anddisadvantages of increasing or changingoversight of the Statewide HealthCoordinating Council Texas Center forNursing Workforce Studies AdvisoryCommittee.

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composition of the advisory committee. Public data reported by the Board and theCenter differs and has been reported tocause confusion. Staff will work on aligningthese public reports.

For: Josefina Lujan, Tamara Cowen, PattiClapp, Deborah Bell, Marilyn Davis, NinaAlmasy.

Against: Shelby Ellzey, Beverley Nutall.


5.3.2. UpdatesRelated to theTexas HigherEducationCoordinating Boardand the TexasWorkforceCommission

Kristin Benton presented a verbal report toupdate the Board that representatives fromBON, TWC, and THECB met on February 10,2014, in the BON office to discuss:(1) the implications of the NCLEXexamination pass rates for both RN and VNprograms; (2) nursing program with sanctions from theBON; and (3) proposals for new nursing programs andletters of intent to submit proposals. V. Ayars gave an update on the 2013 datacollection process of nursing program dataand compliance. Kristin Benton reported onthe Task Force to Study Implications ofGrowth in Nursing Programs in Texas. D.Hiller (THECB) discussed the new lawrequiring ADN programs move to a 60 creditcurriculum with an implementation data of fall2015. Board Staff discussed BON needs formajor curriculum change proposals related tothe changes. The next meeting will be held atthe BON office on June 30 ,2014 from 1 PMto 3 PM.

No action.

5.3.4. Texas TeamReport - RobertWood JohnsonInitiative

Katherine Thomas reported on the recentsuccessful RWJ Gala to raise money forstudent scholarships. Ms. Thomas alsoreported on an RWJ meeting with communitycollege presidents who identified a decreasein the availability of clinical experiences anda drop in employment prospects for theirgraduates due in part to the Institute ofMedicine goal to reach 80 percentbaccalaureate nurses by 2020. The TexasTeam Health IT Committee will be conductingsurveys of employers and nurses todetermine their awareness of the IOM reportand their experience with electronic medicalrecords.

5.3.5. NationalCouncil of StateBoards of Nursing 5.3.5.a. Reporton the National

Katherine Thomas and Kathy Shippreported to the Board regarding the topics

No action.

463


Council of Stateboars of NursingMid-Year Meeting,March 10-12,2014, KansasCity, MO

and issues discussed at the Mid-YearMeeting.

5.3.5.b.Appointment ofMembers toAttend the NCSBNAnnual Meeting tobe held August13-15, 2014, inChicago, IL

Kathy Shipp discussed board memberattendance at the NCSBN Annual Meeting to be held August 13-15, 2014, in Chicago,IL.

Kathy Shipp appointed the followingmembers to attend:Attending on NCSBN Waiver:Beverley Nutall and Kathy ShippAttending on BON funds:Deborah Bell (hotel and meals).

Alternate Board Members to attend in theevent that Beverley Nutall and/or KathyShipp are unable to attend:Tamara Cowen and Marilyn Davis.

6. OLD BUSINESS 6.2. ProposedAdoption ofRepeal of 22 Tex.Admin. CodeChapter 227,Pertaining to PilotPrograms forInnovativeApplications toProfessionalNursingEducation, andnew 22 Tex.Admin. CodeChapter 227,Pertaining to PilotPrograms forInnovativeApplications toVocational andProfessionalNursingEducation, WrittenCommentsReceived, OralCommentsReceived at PublicHearing, if any,and BoardResponses toComments

The Board reviewed the ProposedAdoption of Repeal of 22 Tex. Admin.Code Chapter 227, Pertaining to PilotPrograms for Innovative Applications toProfessional Nursing Education, and new22 Tex. Admin. Code Chapter 227,Pertaining to Pilot Programs for InnovativeApplications to Vocational andProfessional Nursing Education, WrittenComments Received, Oral CommentsReceived at Public Hearing, if any, andBoard Responses to Comments.

No action.

464


7. NEW BUSINESS 7.7.Consideration ofProposedAmendments to22 Tex. Admin.Code §213.34,Pertaining toDeferredDisciplinary ActionPilot Program

The Board considered the ProposedAmendments to 22 Tex. Admin. Code§213.34, Pertaining to Deferred DisciplinaryAction Pilot Program.

Motion by Patti Clapp; Second by MarilynDavis.

The Board voted to approve the proposedamendments to 22 Tex. Admin. Code§213.34, pertaining to DeferredDisciplinary Action Pilot Program, withauthority for the General Counsel to makeeditorial changes as necessary to clarifyrule and Board intent and to comply withthe formatting requirements of the TexasRegister. If no negative comments and norequest for a public hearing are received,move to adopt the proposed amendmentsto 22 Tex. Admin. Code §213.34,pertaining to Deferred Disciplinary ActionPilot Program, as proposed.

For: Shelby Ellzey, Patti Clapp, NinaAlmasy, Marilyn Davis, Josefina Lujan,Deborah Bell, Beverley Nutall and TamaraCowen.


7.8.Consideration ofProposedAmendments to22 Tex. Admin.Code §214.9,Pertaining toProgram of Study

The Board considered the ProposedAmendments to 22 Tex. Admin. Code§214.9, Pertaining to Program of Study.

Motion by Patti Clapp; Second by MarilynDavis.

The Board voted to approve the proposedamendments to 22 Tex. Admin. Code§214.9, pertaining to Program of Study,with authority for the General Counsel tomake editorial changes as necessary toclarify rule and Board intent and to complywith the formatting requirements of theTexas Register. If no negative commentsand no request for a public hearing arereceived, move to adopt the proposedamendments to 22 Tex. Admin. Code§214.9, pertaining to Program of Study, asproposed.



7.9.Consideration ofProposedAmendments to22 Tex. Admin.

The Board considered the ProposedAmendments to 22 Tex. Admin. Code§215.9, Pertaining to Program of Study.

Motion by Tamara Cowen; Second byPatti Clapp.

The Board voted to approve the proposedamendments to 22 Tex. Admin. Code

465


Code §215.9,Pertaining toProgram of Study

§215.9, pertaining to Program of Study,with authority for the General Counsel tomake editorial changes as necessary toclarify rule and Board intent and to complywith the formatting requirements of theTexas Register. If no negative commentsand no request for a public hearing arereceived, move to adopt the proposedamendments to 22 Tex. Admin. Code§215.9, pertaining to Program of Study, asproposed.



7.10.Consideration ofProposedAmendments tothe Board's Policyon Minor CriminalHistory Review(and StaffApproval ofApplicants andPetitioners withMinor CriminalHistory)

The Board considered the ProposedAmendments to the Board's Policy on MinorCriminal History Review (and Staff Approvalof Applicants and Petitioners with MinorCriminal History).


The Board voted to approve the proposedamendments to the Board's Policy onMinor Criminal History Review and StaffApproval of Applicants and Petitionerswith Minor Criminal History.



7.11.Consideration ofProposedAmendments to22 Tex. Admin.Code §213.35,Pertaining toKSTAR PilotProgram

The Board considered the ProposedAmendments to 22 Tex. Admin. Code§213.35, Pertaining to KSTAR Pilot Program.

Motion by Deborah Bell; Second by PattiClapp.

The Board voted to approve proposednew 22 Tex. Admin. Code §213.35, withauthority for the General Counsel to makeeditorial changes as necessary to clarifyrule and Board intent and to comply withthe formatting requirements of the TexasRegister. If no negative comments and norequest for a public hearing are received,move to adopt proposed new 22 Tex.Admin. Code §213.35, as proposed.



466


7.12.Acknowledgmentof Acceptance ofGift from theDodge-JonesFoundation

John Vanderford presented information to theBoard on the Gift from the Dodge-JonesFoundation.

Motion by Tamara Cowen; Second byPatti Clapp.

The Board voted to acknowledge theacceptance of a monetary gift in theamount of seven-thousand five hundreddollars from the Dodge Jones Foundationfor Board members and Board staff toattend an event hosted by the Promise forNursing in Texas on February 12, 2014.



7.13.Consideration ofthe HealthProfessions CouncilAnnual Report forFiscal Year 2013

The Board reviewed the Health ProfessionsCouncil Annual Report for Fiscal Year 2013.

No action.

7.14.Consideration ofthe NationalCouncil of StateBoards of Nursing2012 COREReport

The Board reviewed the National Council ofState Boards of Nursing 2012 CORE Report.

No action.

8. Proposed BoardOrders 8.6. Default ALJProposals forDecision

8.6.10. DocketNo. 507-14-0839,In the Matter ofPermanentCertificates RN#779366 and LVN#169920, Issuedto KENNETHJOHN TWEET 8.6.10.a.Consideration ofthe AdministrativeLaw Judge's OrderNo. 1, Dismissing

The Board considered the Administrative LawJudge's Order, Dismissing Case FromDocket and Staff's Recommendation toRevoke Permanent Certificates LVN#169920and RN #779366 by Default, in Conjunctionwith Order No. 1, Docket No. 507-14-0839.Kenneth John Tweet, Respondent waspresent and was given full opportunity toaddress the board.

Motion by Patti Clapp; Second by NinaAlmasy.

The Board voted to return the matter to Stafffor further review and resolution.

For: Patti Clapp, Nina Almasy, JosefinaLujan.

Against: Shelby Ellzey, Marilyn Davis,Deborah Bell, Beverley Nutall, TamaraCowen.

Final Resolution: Motion Fails.

467


Case 8.6.10.b.Consideration ofStaff'sRecommendationto Revoke PermanentCertificates RN#779366 and LVN#169920 byDefault, inConjunction withOrder No. 1,Docket No.507-14-0839 8.6.10.c.Consideration ofRecommendationby KENNETHJOHN TWEET,Docket No.507-14-0839 8.6.10.d.Executive Sessionpursuant to551.071(1), TexasGovernmentCode, to discusspending orcontemplatedlitigation: In theMatter ofPermanentCertificates RN#779366 and LVN#169920, Issuedto KENNETHJOHN TWEET 8.6.10.e.Convene in OpenSession toconsiderrecommendationsand take action: In the Matter ofPermanentCertificates RN#779366 and LVN#169920, Issuedto KENNETHJOHN TWEET

Motion by Tamara Cowen; Second byBeverley Nutall.

The Board voted to adopt the proposed orderand revoke the Respondent's nursinglicenses by default.

For: Shelby Ellzey, Marilyn Davis, DeborahBell, Beverley Nutall, Tamara Cowen.

Against: Patti Clapp, Nina Almasy, JosefinaLujan.


468


9.MISCELLANEOUS 9.1. Board Itemsof Interest forFuture BoardMeetings

The Board discussed items of interest forFuture Board meetings.

The following items were discussed:Proposals for Decision with noappearances, shall be placed on theConsent Agenda for future meetings;Review of Board Member attendance atBoard meetings; andRequesting the Center on NursingWorkforce Studies do a presentation onNEPIS.

9.2. BoardDevelopment:Presentation onHealthcare’sExpansion into thecommunity: HowWill Nursing Meetthe Challenge?

Melinda Hester presented on Healthcare'sExpansion into the community: How WillNursing Meet the Challenge?

No action.

9.3. Review of theBoard QuarterlyMeetingEvaluation

The Board reviewed and discussed theBoard Quarterly Meeting Evaluation of the January, 2014 meeting.

No action.

9.4. ExecutiveDirector andBoard Evaluations

Kathy Shipp informed the Board that theannual Executive Director and BoardEvaluations will be distributed and completedthrough SurveyMonkey and Board Memberswill receive notification via email when theevaluations become available for BoardMember responses.

No action.

ADJOURNMENT Having completed all business as listed onthe agenda, the meeting adjourned at 11:51a.m.

________________________________Kathy Shipp, MSN, RN, FNPBoard President

_________________________________Katherine A. Thomas, MN, RN, FAANExecutive Director

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