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TEXAS BOARD OF NURSING
Board RetreatOctober 26, 20161:32 pm - 4:42 pm5901 N. I.H. 35Embassy Suites HotelAustin, Texas
Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Deborah Hughes Bell, CLU, ChFC, Board Vice-President, Representing ConsumersNina Almasy, BSN, RN, MSN, Representing LVN EducationPatti Clapp, BA, Representing ConsumersLaura A. Disque, MN, RN, Representing RN Allison Porter-Edwards, DrPH, MS, RN, Representing BSN EducationDiana Rodriguez Flores, MN, RN, Representing RN PracticeDoris Jean Jackson, DHA, MSN, RN, Representing ADN EducationKathy Leader-Horn, LVN, Representing LVN PracticeDavid Saucedo II, Representing Consumers
Absent:Monica Hamby, LVN, Representing LVN PracticeBeverley Jean Nutall, LVN, Representing LVN PracticeFrancis D. Stokes, Representing Consumers
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 CounselBruce Holter, Information Specialist
263
AGENDA ITEM DISCUSSION ACTION
CALL TO ORDER Kathy Shipp called the meeting to order at1:32 p.m.
ROLL CALL Katherine Thomas called the roll. BoardMembers Monica Hamby, LVN; BeverleyNutall, LVN; and Francis Stokes wereabsent. Board Members Patti Clapp andKathy Leader-Horn were not present at rollcall but arrived shortly thereafter. A quorumwas established with ten members inattendance.
ACCEPTANCE OFAGENDA
The Board reviewed the agenda. The Board approved the agenda.
I. Review ofLegislative Processand discussion ofeffective andappropriatecommunication withlegislators and staffon the role of theBoard of Nursing
Mark Majek presented information to theBoard on the 85TH Legislative session and on the Legislative Appropriations Requestand budget.
No action.
II. Discussion andorientation forBoard members tothe Board’sEligibility andDisciplinaryCommittee processand procedures,including relatedapplicable law
Jena Abel and Dusty Johnston presented tothe Board on the Eligibility and DisciplinaryCommittee process and procedures.
No action.
Having completed all business the meetingadjourned at 4:42 p.m.
Kathy Shipp, MSN, RN, FNPBoard President
______________________________ Katherine A. Thomas, MN, RN, FAANExecutive Director
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TEXAS BOARD OF NURSING
Regular MeetingOctober 27-28, 20168:35 am - 5:02 pm333 Guadalupe, Tower II, Room 225Austin, Texas
Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Deborah Hughes Bell, CLU, ChFC, Board Vice-President, Representing ConsumersNina Almasy, BSN, RN, MSN, Representing LVN EducationPatti Clapp, BA, Representing ConsumersLaura A. Disque, MN, RN, Representing RN Allison Porter-Edwards, DrPH, MS, RN, Representing BSN EducationDiana Rodriguez Flores, MN, RN, Representing RN PracticeDoris Jean Jackson, DHA, MSN, RN, Representing ADN EducationKathy Leader-Horn, LVN, Representing LVN PracticeBeverley Jean Nutall, LVN, Representing LVN PracticeDavid Saucedo II, Representing Consumers
Absent:Monica Hamby, LVN, Representing LVN PracticeFrancis D. Stokes, Representing Consumers
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 CounselStacey Cropley, Nursing ConsultantJan Hooper, Nursing ConsultantVirginia Ayars, Nursing ConsultantDenise Benbow, Nursing ConsultantLinda Laws, Nursing ConsultantSusan Lee, Nursing ConsultantKristen Sinay, Nursing ConsultantGayle Varnell, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistBill Ray, Information TechnologyDarryl Holt, Information Technology
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AGENDA ITEM DISCUSSION ACTION
CALL TO ORDER Kathy Shipp called the meeting to order at8:35 a.m. on October 27, 2016.
ROLL CALL Katherine Thomas did the roll call. BoardMembers Monica Hamby, LVN andFrancis Stokes, Consumer Member wereabsent. A quorum was established witheleven members in attendance.
INTRODUCTIONS Board Members and Staff introducedthemselves to the audience and attendees.
ACCEPTANCE OFAGENDA
The Board reviewed the Agenda.
Agenda Item 8.6.3. Consideration of Order ofDismissal and Remand, Recommendations,and Board action: In the Matter of PermanentCertificate LVN #152979, Issued to KARENJANELL BROWN, SOAH Docket No.507-15-5560 was removed from the Agenda.
Motion by Deborah Bell; Second by PattiClapp
Move to approve the agenda as amendedwith the removal of agenda item 8.6.3.Consideration of Order of Dismissal andRemand, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN #152979, Issued to KAREN JANELLBROWN, SOAH Docket No. 507-15-5560.
For: Allison P Edwards, Laura A Disque,Doris J Jackson, Diana R Flores, PattiClapp, Nina Almasy, Deborah Bell, KathyLeader-Horn, David Saucedo, BeverleyNutall and Kathy Shipp
Final Resolution: Motion Carries
ACCEPTANCE OF MINUTES
The Board reviewed the minutes from theJuly 21-22, 2016 Board Meeting.
Motion by Patti Clapp; Second by DorisJackson
Move to approve the minutes from the July21-22, 2016 Board Meeting.
For: Allison P Edwards, Laura A Disque,Doris J Jackson, Diana R Flores, PattiClapp, Nina Almasy, Deborah Bell, KathyLeader-Horn, David Saucedo, BeverleyNutall and Kathy Shipp
Final Resolution: Motion Carries
CONSENTAGENDA
The Board reviewed the consent agenda. Mot ion by Pat t i Clapp; Second byBeverley Nutall
Move to approve the Consent AgendaExcluding the following Items:
4.1. Criminal Background Check Update -Pulled from Consent Agenda forDiscussion by Beverley Nutall
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AGENDA ITEM DISCUSSION ACTION
7.1.1. Texas Peer Assistance Program forNurses Quarterly Report - Pulled fromConsent Agenda for Discussion byBeverley Nutall
8.1. Agreed Orders of:Campbell, Coleen Frances, LVN #177383Mendoza, Pedro Alberto, APRN#AP120223/RN #705297Offor, Nkemjika Obi, RN #699503Vazquez, Jose Antonio, LVN # 227861Yorka, Alex Giobari, RN #869096
8.4. Reinstatement Agreed Order of:Fulton (Hinson), Lori, RN #525374/LVN#107640
For: Allison P Edwards, Laura A Disque,Doris J Jackson, Diana R Flores, PattiClapp, Nina Almasy, Deborah Bell, KathyLeader-Horn, David Saucedo, BeverleyNutall and Kathy Shipp
Final Resolution: Motion Carries
The Board considered the items removedfrom the Consent Agenda vote.
Board Member Deborah Bell recusedherself prior to the consideration and voteon the following Agreed Orders:
Motion by Patti Clapp; Second by NinaAlmasy
Move to Approve the Agreed Orders of:8.1. Agreed Orders of:Campbell, Coleen Frances, LVN #177383Mendoza, Pedro Alberto, APRN#AP120223/RN #705297Offor, Nkemjika Obi, RN #699503Vazquez, Jose Antonio, LVN # 227861Yorka, Alex Giobari, RN #869096
8.4. Reinstatement Agreed Order of:Fulton (Hinson), Lori, RN #525374/LVN#107640
For: Allison P Edwards, Laura A Disque,Doris J Jackson, Diana R Flores, PattiClapp, Nina Almasy, Kathy Leader-Horn,David Saucedo, Beverley Nutall and KathyShipp
Recused: Deborah Bell
Final Resolution: Motion Carries
267
AGENDA ITEM DISCUSSION ACTION
CONSENTAGENDA ITEMS
1.2. Legal 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; Valerie Green vs.Texas Board ofNursing; KatherineThomas, ExecutiveDirector; James W.Johnson, GeneralCounsel; AnthonyL. Diggs, Director ofEnforcementDivision and Theft;Jenna Able,Assistant GeneralCounsel; KaraHolsinger; CauseNo.D-1-GN-15-005628,in the 53rd JudicialDistrict Court,Travis County,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/aTexas Board ofNursing, Defendant,Cause No.
Approved on Consent.
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AGENDA ITEM DISCUSSION ACTION
D-1-GN-12-003072,in the 126th JudicialDistrict Court,Travis County,Texas;Davina DanielleMoore vs. TexasBoard of Nursing,D-1-GN-14-002109,In the 126th DistrictCourt, TravisCounty, Texas; Rosemary Hall,BSN, RN v. TexasBoard of Nursingand State Office ofAdministrativeHearings, CauseNo.D-1-GN-15-002832,126th District Courtof Travis County;andAmy JeanetteBanda vs. TexasBoard of Nursing,Cause No.D-1-GN-15-005691;In the 98th JudicialDistrict, TravisCounty, Texas.The BoardReserves the Rightto Convene inExecutive Session,if Necessary,Pursuant to§551.071(1), TexasGovernment Code,to Discuss Pendingor ContemplatedLitigation in theseMatters
2.1. FinancialStatement - 4THQuarter, FiscalYear 2016
Approved on Consent.
3.1.1. PromotingCompetency Report
Approved on Consent.
3.2.1. StatusReport on NewNursing EducationPrograms andActive and PotentialProposals
Approved on Consent.
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AGENDA ITEM DISCUSSION ACTION
3.2.2. StatusReport onPrograms withSanctions
Approved on Consent.
3.2.3. Report onCommunicationActivities withNursing EducationPrograms
Approved on Consent.
3.2.4.Consideration ofReports of SurveyVisits 3.2.4.a. Universityof St. Thomas inHouston,Texas-Baccalaureate Degree NursingEducation Program
Approved on Consent.
3.2.5. Consideration ofNotification ofVoluntary Closure ofNursing EducationPrograms 3.2.5.a. TheCollege of HealthCare Professions inHouston, Texas-Vocational NursingEducation Program
Approved on Consent.
3.2.5.b. HallmarkUniversity in SanAntonio, Texas -Associate DegreeNursing EducationProgram
Approved on Consent.
3.2.5.c. SchreinerUniversity in Kerrville,Texas -BaccalaureateDegree NursingEducation Program
Approved on Consent.
3.2.6. Considerationof Change inApproval Status fromConditional to FullApproval 3.2.6.a. HoustonCommunity College inHouston, Texas -Associate DegreeNursing EducationProgram
Approved on Consent.
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AGENDA ITEM DISCUSSION ACTION
3.2.6.b. WesternGovernors Universityin Austin, Texas -BaccalaureateDegree NursingEducation Program
Approved on Consent.
4.2. Report onEnforcement’sInitiative to AddressComplaint Backlog
Approved on Consent.
5.1.1. Eligibility andDisciplinaryCommittee
Approved on Consent.
5.1.2. QuarterlyStatistical Report –4TH Quarter, FiscalYear 2016
Approved on Consent.
6.1. Nurse LicensureCompact Update
Approved on Consent.
6.2. Adoption ofAmendments to 22Tex. Admin. Code§217.14, relating toRegistered NursesPerforming RadiologicProcedures
Approved on Consent.
6.3. Adoption ofAmendments to 22Tex. Admin. Code§223.1, relating toFees
Approved on Consent.
7.1.2. Texas PeerAssistance Programfor Nurses Third PartyReferral Report
Approved on Consent.
8. PROPOSEDBOARD ORDERS
8.1. AgreedOrders
The board voted to ratify the Agreed Orderson Consent with the following results:
Adames, Christina Michelle, LVN# 300258 Suspend/Probate
Aguwa, Patricia J, LVN# 320126 / RNEndorsement Petitioner
Warning with Stipulations
Antoine, Jenet Janel, LVN# 323268 Warning with Stipulations
Atkinson, Sandra Gayle, RN# 797984 Reprimand with Stipulations
Berberich, Mary T., RN# 818454 Reprimand with Stipulations
Bizzell, Shonna Nicole, LVN# 188118 Suspend/Probate
Brown, Fatima Nicole, RN# 772938 Limited License with Stipulations
271
AGENDA ITEM DISCUSSION ACTION
Campbell, Colleen Frances, LVN# 177383 Board Member Deborah Bell recused herselffrom the consideration and vote on thisAgreed Order.Reprimand with Stipulations
Capers, Tanita Michelle, LVN# 315528 Warning with Stipulations
Carver, Ginger Gaile, APRN# AP117992 /RN# 687881
Warning with Stipulations
Chantarasaka, Candy, RN# 799294 Warning with Stipulations
Cooke, Heather Nichole, RN# 831249/ LVN#217674
Warning with Stipulations
Cowley, Megan, RN# 882065 Warning with Stipulations
Critchley, Elvira Torres, LVN# 211566 Warning with Stipulations
Cruce, Justin Leonard, RN# 803813 Suspend/Probate
Cunningham, Rhonda Sue, LVN# 214902 Reprimand with Stipulations
Droogleever, Elpa Lagora, RN# 523362 Warning with Stipulations
Egwim, Mukosolu J., LVN# 320773 Reprimand with Stipulations
Eke-Huber, Esther Akunna, APRN#AP118542 / RN# 702756 / Pres Auth# 9867
Suspend/Probate/Limited
Elliott, Janice Rena, RN# 541098 Warning with Stipulations
Eruvwetaghware, Isedua Georgina, LVN#231282
Warning with Stipulations
Estopinan, Sara Alia, LVN# 329363 Warning with Stipulations
Fischbach, Lee Ann, RN# 706577 Reprimand with Stipulations
Flowal, Tateshia Jatan, RN #845570 Reprimand with Stipulations
Fongue, Samuel Florian, RN# 877377 Warning with Stipulations
Foster, Olga Marie, RN# 608092 Warning with Stipulations
Frye, Susan Elaine, RN# 843711/ LVN#232709
Warning with Stipulations
Garner, Penny Armenda, APRN# AP125736/RN# 607073/ LVN# 139652
Warning with Stipulations
Garza, Christine Marie, RN# 621403 Suspend/Probate
Garza, Kristy Salaz, RN# 681583 Warning with Stipulations
Gilliam, Cheryl Ann, RN# 708415 Warning with Stipulations
Glover Leslie Allene, LVN# 301975 Warning with Stipulations
Goines, Jarena Lee, LVN# 222200 Suspend/Probate
Gonzalez, Jennifer Deanne, RN# 680288 Enforced Suspension
272
AGENDA ITEM DISCUSSION ACTION
Grigsby, Jr., John William, RN# 691390/LVN# 176180
Suspend/Probate
Guillory, Carolyn Boyd, RN# 864408 Warning with Stipulations
Harrington (Glatt), Kristina Renee, LVN#224050
Reprimand
Hartfield, Chatara Renee, RN# 874031 Warning with Stipulations
Holcomb, Virginia Ann, LVN# 161009 Suspend/Probate
Hornsby, Jeri Lynn, RN# 640183 Reprimand with Stipulations
Jimenez, Yaneli, RN# 834462 Warning with Stipulations
Johnson, Lekisha Kimyadda, LVN# 309074 Reprimand with Stipulations
Kucmierz, Rita A., APRN# AP114162/ RN#505877
Warning with Stipulations
Lasater, Andrew Samuel, RN# 806903 Warning with Stipulations
LeBlanc, Teresa Nelson, APRN# AP121200/RN# 808329/ Pres Auth# 12068
Warning with Stipulations
McAfee, Alexis Dominique, RN# 832941 Warning with Stipulations
McDonald, Kelly Jean, RN# 818901 Warning with Stipulations
McEachrane, Marsha Petra, RN# 862334 Suspend/Probate
Mansel, Alexis Donnette, RN# 738397 Reprimand with Stipulations
Mendoza, Pedro Alberto, APRN# AP120223/ RN# 705297
Board Member Deborah Bell recused herselffrom the consideration and vote on thisAgreed Order.Warning.
Miday, Susan Denise, LVN# 234176 Warning with Stipulations
Mills, Tricia Michelle, RN# 665882 Warning with Stipulations
Moncayo, Luis Manuel, RN# 732798/ LVN#185577
Warning with Stipulations
Moner, Cazaria Jovita, RN# 836078 Reprimand with Stipulations
Moreno, Sondra Ann, LVN# 180497 Suspend/Probate
Nanjovu, Sarah, RN# 736781 / APRNPetitioner
Warning with Stipulations
Nelson (Powell), Tracy M., LVN# 150867 Warning
Nepote, Rachel, RN# 881193 Limited License with Stipulations
Nevels, Wendie Renea, RN# 770589 Limited License with Stipulations
Offor, Nkemjika Obi, RN# 699503 Board Member Deborah Bell recused herselffrom the consideration and vote on thisAgreed Order.Enforced Suspension
273
AGENDA ITEM DISCUSSION ACTION
Ohonbamu, Ejiro Odeka, RN# 835340 Reprimand with Stipulations
Perez, Andrea Wynette, LVN# 150394 Suspend/Probate
Pickens III, Willie, RN# 862408 Warning with Stipulations
Poyner, Amanda Gay, RN# 666296 Revocation
Rahman, MD Habibur, RN# 522430 Remedial Education with a Fine
Richardson, Audra Lynn, LVN# 199242 Warning with Stipulations
Rivera, Angelica Nicole, LVN# 185790 Enforced Suspension
Ryals, Johnny L., RN# 534612 Suspend/Probate
Salinas, Roxanne Subia, LVN# 205516 Suspend/Probate
Sanchez, Jeanne Waldron, RN# 578591/LVN# 131348
Warning with Stipulations
Shaw, Chrissy, RN# 654469 Warning with Stipulations
Shaw, Robin Janielee, RN# 704930 Limited License with Stipulations
Sherrard, Crisanta Aguinaldo, LVN# 160629 Warning with Stipulations
Shu, Euphemia, LVN# 317300 Reprimand with Stipulations
Smith, Teresa Still, RN# 705245 Limited License with Stipulations
Smock, John, RN# 642752 Reprimand with Stipulations
Stastny, Misty Dawn, RN# 712971 Reprimand with Stipulations
Thomas, Heather, Kathleen, LVN# 213827 Warning with Stipulations
Torres Mensman, Frances Marie, LVN#144389
Limited License with Stipulations
Turner, Forrest Wayne, RN# 739454 Suspend/Probate
Vazquez, Jose Antonio, LVN# 227861 Board Member Deborah Bell recused herselffrom the consideration and vote on thisAgreed Order.Enforced Suspension
Veal, Richard Lamar, APRN# AP104072/RN# 576859
Warning with Stipulations
Velazquez, Manuel Felipe, LVN# 192981 Warning with Stipulations
Villarreal, Alexis, LVN# 314592 Warning with Stipulations
Ward, Francisca, LVN# 112306 Warning with Stipulations
Weise, Anthony Dean, RN# 848531 Suspend/Probate
Yorka, Alex Giobari, RN# 869096 Board Member Deborah Bell recused herselffrom the consideration and vote on thisAgreed Order.Warning with Stipulations
274
AGENDA ITEM DISCUSSION ACTION
8.2. AGREEDORDERS KSTARPROGRAM
Berry, Lathena Lynna, RN# 744444 Warning with Stipulations
Herod, Brenda Anne, RN# 762805 Warning with Stipulations
Rodriguez, Myra, RN# 750804 Warning with Stipulations
Sedge, Patricia Louise, RN# 625346 Warning with Stipulations - Deferred
Shan, Rebecca Wenlin, RN# 821499 Warning with Stipulations
Taylor, Latanya Ester, LVN# 327767 Warning with Stipulations
8.3. DEFERREDAGREED ORDERS None
8.4.REINSTATEMENTAGREED ORDERS
Banzouzi, Hughes Boris, LVN# 230099 Reinstated with Stipulations
Black, Kimberlee Corianne, RN# 691188 Reinstated with Stipulations
Fulton (Hinson), Lori, RN# 525374 / LVN#107640
Board Member Deborah Bell recused herselffrom the consideration and vote on thisAgreed Order.Reinstated with Stipulations
Green, Preston Zachary, RN# 748183 Reinstated with Stipulations
Long, Adam Blythe, RN# 798347 Reinstated with Stipulations
Oyler, Denise Parks, RN# 592683 Reinstated with Stipulations
Shuler, Kala Lynn, LVN# 301836 Reinstated with Stipulations
Silvas, Robin Teresa, LVN# 111003 Reinstated with Stipulations
Ward, Ashonti Renee, LVN# 304119 Reinstated with Stipulations
Williams-Mattox, Sharon, APRN# AP115149/Pres Auth# 7040
Reinstated with Stipulations
8.4 ELIGIBILITYAGREED ORDERS
Bibbs (Toney, Garner), Anjana Denice, LVNExam Petitioner
Petition for Eligibility for Licensure
Casarez (Ramirez), Shavonne Nicole, LVNExam Petitioner
Petition for Eligibility for Licensure
Durr, Virginia Gayle, LVN Exam Petitioner Petition for Eligibility for Licensure
Emilio, Elizabeth, RN Exam Petitioner Petition for Eligibility for Licensure
Emory (Embry), Michkala Quendenece, LVNExam Petitioner
Petition for Eligibility for Licensure
275
AGENDA ITEM DISCUSSION ACTION
Escobedo, April Machelle, RN ExamPetitioner
Petition for Eligibility for Licensure
Garcia, Dianey Marie, LVN Exam Petitioner Petition for Eligibility for Licensure
Lindauer, Jonathan Stuart, RN ExamPetitioner
Petition for Eligibility for Licensure
Lusk (Alvarado), Kaci Machelle, RN ExamPetitioner
Petition for Eligibility for Licensure
Matthews, Tarsha Yvonne, RN ExamPetitioner
Petition for Eligibility for Licensure
Peterkin, Janelle Andrea, RN ExamPetitioner
Petition for Eligibility for Licensure
Reynolds, George Washington, RN ExamPetitioner
Petition for Eligibility for Licensure
Stanfield, Brandon Michael, RN ExamPetitioner
Petition for Eligibility for Licensure
Vera (Martinez), Junelle Alexsis, RN ExamPetitioner
Petition for Eligibility for Licensure
1.ADMINISTRATION 1.1. ExecutiveDirector’s Report
Katherine Thomas reviewed her writtenreport to the board.
No action.
1.3. Presentationof Fiscal Year 2016Trend Data
Katherine Thomas reviewed the Fiscal Year2016 Trenda Data Report with the Board.
No action.
3. NURSING 3.1. PRACTICE 3.1.2. Report onImplementation ofthe KnowledgeSkills TrainingAssessment andResearch (KSTAR)Pilot
Kristin Benton and Skylar Caddell reviewedthe KSTAR Pilot program report and providedupdates on the program to the BoardMembers.
No action.
3.2. EDUCATION 3.2.7.Consideration ofNotification ofVoluntary Closureof NursingEducation Program- ITT Technical
The Board considered the Notification ofVoluntary Closure of Nursing EducationProgram - ITT Technical Institute inRichardson, Texas - Associate DegreeNursing Education Program.
Motion by Deborah Bell; Second by DianaFlores.
Move to accept the voluntary closurenotification from ITT Technical InstituteAssociate Degree Nursing EducationProgram in Richardson, Texas, effective
276
AGENDA ITEM DISCUSSION ACTION
Institute inRichardson, Texas- Associate DegreeNursing EducationProgram
September 6, 2016 and impose the followingconditions/requirements as indicated in theBoard Order:
1) The program may not reapply forapproval of a new proposal for a nursingeducation program until at least twelve (12)months from the date of this order haveelapsed.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
3.2.8.Consideration ofSummary ofSelf-Study Reportsfor ProfessionalNursing EducationPrograms for 2016
The Board considered the Summary of Self-Study Reports for Professional NursingEducation Programs for 2016.
No action.
3.2.9.Consideration ofProposal toEstablish a NewNursing EducationProgram 3.2.9.a. GalenCollege of Nursingin San Antonio,Texas -BaccalaureateDegree NursingEducation Program
The Board held a Public Hearing on theProposal to Establish a New NursingEducation Program submitted by GalenCollege of Nursing in San Antonio, Texas.The Board considered the Galen College ofNursing proposal to establish a newBaccalaureate Degree Nursing EducationProgram in San Antonio, Texas, and thereport of the survey visit. The final proposalwas provided electronically to the BoardMembers and a notice of public hearing wasposted.Vanessa Wise, EdD, MSN, RN, CEN,Program Director; Tara Dailey, MSN, RN,Dean; and Audria Denker, DNP, MSN, RN,Executive Vice President of Pre-LicensureNursing were present and available toanswer questions.
Motion by Patti Clapp; Second by DeborahBell.
Move to grant initial approval to GalenCollege of Nursing to establish a newBaccalaureate Degree Nursing EducationProgram in San Antonio, Texas, and imposethe following conditions/requirements asindicated in the Board Order:1. The program shall not admit more thanone (1) cohort of forty (40) students in April2017. Thereafter, the program shall not admitmore than three (3) cohorts of forty (40)students annually, until the program achievesFull Approval from the Board.
2. The program may not enroll students untilBoard Staff conduct a survey visit in Januaryafter completion of construction of theexpanded space.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; David
277
AGENDA ITEM DISCUSSION ACTION
Saucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
3.2.9.b. TexasA&M UniversityCommerce inCommerce, Texas -Family NursePractitionerProgram
The Board held a Public Hearing on theProposal to Establish a New NursingEducation Program submitted by Texas A&MUniversity Commerce in Commerce, Texas.The Board considered the Texas A&MUniversity Commerce proposal to establish anew Family Nurse Practitioner EducationProgram in Commerce, Texas, and the reportof the survey visit. The final proposal wasprovided electronically to the Board Membersand a notice of public hearing was posted.Debra Mahoney, PhD, APRN, FNP,Coordinator; Barbara Tucker, PhD, RN,FAANP; and Timothy D. Letzring, JD, EdD,Dean were present and available to answerquestions.
Motion by Kathy Shipp; Second by DeborahBell.
Move to Grant initial approval to Texas A&MUniversity Commerce to establish a newMaster of Science in Nursing Family NursePractitioner Program in Commerce, Texas,and impose the following conditions \requirements as indicated in the BoardOrder:1. The program shall not admit more thanone (1) cohort of ten (10) students annually. 2. The program shall develop a formal planfor mentoring graduate faculty.3. The program shall actively recruit facultythat are FNPs with experience teaching atthe graduate level.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
3.2.10.Consideration ofNotification ofVoluntary Closureof NursingEducation Program- Career PointCollege -Vocational/Associate Degree NursingEducationPrograms
The Board considered the Notification ofVoluntary Closure of Nursing EducationProgram – Career Point College –Vocational/Associate Degree NursingEducation Programs.
Motion by Deborah Bell; Second by PattiClapp.
Move to accept the notification of VoluntaryClosure of Nursing Education Program –Career Point College – Vocational/AssociateDegree Nursing Education Programs.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
4. ENFORCEMENT 4.1. CriminalBackground CheckUpdate
The Board reviewed the Criminal BackgroundCheck Update.
No action.
278
AGENDA ITEM DISCUSSION ACTION
5. COMMITTEEREPORTS 5.1. BoardCommittees 5.1.3.Development andEvaluation
The Board discussed items for future BoardDevelopment and Evaluation. BoardMember Doris Jackson requested BoardMembers to submit any new items for futureDevelopment and Evaluation.Board Member Nina Almasy expressedinterest for a future Board Development onthe Regulation of APRN’s, prescriptiveauthority and practice. Board PresidentKathy Shipp expressed that BoardDevelopment on this topic would bebeneficial if provided in the Spring.
No action.
5.2. AdvisoryCommittees/TaskForces 5.2.1. AdvancedPractice NursingAdvisoryCommittee
No report. No action.
5.2.2. NursingPractice AdvisoryCommittee
No report. No action.
5.2.3. AdvisoryCommittee onEducation 5.2.3.a.Consideration ofAppointment ofNew Members tothe AdvisoryCommittee onEducation
The Board considered the Appointment ofNew Members to the Advisory Committee onEducation.
Motion by Allison Porter-Edwards; Second byKathy Leader-Horn.
Move to accept and approve the followingnominations for ACE membership:Alyce Ashcraft, PhD, RN, CNE, FNGNA,ANEF, Representing the Texas League forNursing; and April Ernst, MSN, RN, CNE, Representingthe Texas Association of Vocational NurseEducators at large.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
279
AGENDA ITEM DISCUSSION ACTION
5.2.4. AdvisoryCommittee onLicensure, Eligibilityand Discipline
No report. No action.
5.2.5. Task forceto StudyImplications of theGrowth of TexasNursing EducationPrograms
No report. No action.
5.3. Collaborationwith OutsideAgencies /Stakeholders 5.3.1. StatewideHealth CoordinatingCouncil TexasCenter for NursingWorkforce StudiesAdvisoryCommittee
No report. No action.
5.3.1.a. Reviewand Considerationof the AnnualFinancial Report ofthe StatewideHealth CoordinatingCouncil TexasCenter for NursingWorkforce StudiesAdvisoryCommittee
The Board reviewed and considered theAnnual Financial Report of the StatewideHealth Coordinating Council Texas Center forNursing Workforce Studies AdvisoryCommittee.
No action.
5.3.2. UpdatesRelated to theTexas HigherEducationCoordinating Board,the TexasWorkforceCommission andthe TexasEducation Agency
No report. No action.
5.3.3. NationalCouncil of StateBoards of Nursing -Taxonomy of ErrorRoot CauseAnalysis of PracticeResponsibility
Skylar Caddell reported currently there are26 state boards of nursing "participating" inthe project; however, only 11 (42%) of thosestates, Texas being on of them, havecontinued to submit cases through calendaryear 2016. There have been no new boardsjoin the project since this same time last year.
No action.
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(TERCAP) Texas continues to be a leading participator,having submitted to date the greatest number[23.5% (979)] of the project's cases; Lastyear, the Texas cases represented 18% ofthe project's cases. Currently, only one otherstate, North Carolina, has contributed at least20% of the project's cases [20% (833)]. None of the other 24 states have individuallycontributed more than 10% of the project'scases. NCSBN is currently finalizing the 2016TERCAP board report (3,998 cases from 26BONs). Since the last project report inDecember 2014, one new board (OR) wasadded and over 900 cases have been addedto the project. Here are a few highlights thatwill be in the upcoming report:• The characteristics of nurses and nursesinvolved in practice breakdown remainedconsistent from 2011-2016. • There's been a gradual increase in theproportion of practice breakdown resulting inpatient harm in the past 5 years.• There were significant decreases in theproportion of medication error and practicebreakdown relating to misinterpretation ofprovider's order from 2011-2016. • Lack of professional responsibility has beenthe most common practice breakdownreported to TERCAP over time.• There was a statistically significantassociation between work shifts and patientharm outcomes.• Significantly more instances of practicebreakdown occur on the night shift; theseerrors resulted in more patient harm.• Analysis of nurse and patient characteristicsdid not reveal any differences in nurses orpatients involved in practice breakdown onthe night shift. • Lack of intervention was cited significantlymore often as the practice breakdowncategory on the night shift. • There were no statistically significantsystem factors associated with practicebreakdown during the night shift.
5.3.3.a.Texas-Taxonomy ofError Root CauseAnalysis of PracticeResponsibility(TERCAP) Update
Denise Benbow reported Data collection forthe Texas Taxonomy of Error Root CauseAnalysis of Practice responsibility (TERCAP)pilot ended on August 31, 2016. Dataanalysis is being completed.
No action.
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5.3.4. Texas TeamReport - RobertWood JohnsonInitiative
Stacey Cropley reported that the rural sub-committee has met to discuss the nurses onboard’s campaign. No data is currentlyavailable but will be provided when available. The Gala scheduled for October 27, 2016was attended by Jan Hooper, Gayle Varnelland Susan Lee. The Legislative Summit heldOctober 26, 2016 was attended by KristinBenton. At this meeting it was reported thatTexas nurses with Baccalaureate degrees orhigher now represent 57.5% of the nursingpopulation; There are 1,834 nurses withDoctorate’s; and 10% of facilities reporthaving nurse residency programs.
No action.
5.3.5. NationalCouncil of StateBoards of Nursing 5.3.5.a. Report onAnnual NCSBNDelegate Assembly,held August 17-19,2016, in Chicago, IL
Board President Kathy Shipp reported thatKatherine Thomas transitioned into the roleof Board President of the National Council ofState Boards of Nursing. In addition BONBoard President Kathy Shipp led thePresident’s group meeting at the AnnualNCSBN Delegate Assembly meeting. KathyShipp also reported that Stacey Cropley waselected to the Leadership SuccessionCommittee.
No action.
5.3.6. TexasHealth and HumanServicesCommissionIndividuals withIntellectual andDevelopmentalDisabilitiesStakeholderWorkgroup onNursing Scope ofPractice
Stacey Cropley reported that Senate Bill(S.B.) 1857, 82nd Legislature, RegularSession, 2011, amended the Texas HumanResources Code relating to theadministration of medications for personswith intellectual and developmentaldisabilities (IDD). It directed the TexasDepartment of Aging and Disability Services(DADS) and the Texas Board of Nursing(BON) to develop and conduct a pilotprogram to evaluate licensed vocationalnurses (LVNs) providing on-call services bytelephone to individuals receiving services inthe Home and Community-based Services(HCS) and Texas Home Living (TxHmL)Medicaid waivers and in intermediate carefacilities for individuals with an intellectualdisability or related condition (ICFs/IID) whichended August 31, 2015. Recommendationsfollowing the pilot included convening aworkgroup consisting of DADS, BON, andIDD stakeholders to identify and resolveissues involving nursing scope of practice incommunity settings. The advisory committee serves as a meansto maintain open communication among
No action.
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agencies for the purposes of clarifying scopeof practice issues. At the October 6, 2016advisory committee meeting membersdiscussed completed action items related toenhanc ing ava i l ab le resou rces ,communication tools, and trainingsaddressing nursing scope of practice withinthe IDD community.
5.3.7. Report onthe 2016 NCSBNNCLEX Conferenceheld inPhiladelphia, PA
Board Member Allison Porter-Edwardsreported on the 2016 NCSBN NCLEXConference held in Philadelphia, PA.
No action.
5.3.8. Report onthe 2017NCLEX-PNVNStandard SettingPanel of Judges
Board Member Beverley Nutall reported onthe 2017 NCLEX-PNVN Standard SettingPanel of Judges meeting.
No action.
5.3.9. Report onthe Eighth AnnualEvident BasedPractice/ResearchConference, NewOrleans, LAAbstract "JustCulture in NursingRegulation throughDeferred Discipline"
Board Member Nina Almasy reported on theE i g h t h A n n u a l E v i d e n t B a s e dPractice/Research Conference, NewOrleans, LA Abstract “Just Culture in NursingRegulation through Deferred Discipline”
No action.
OPEN FORUM: Board President Kathy Shipp announced theformat and invited participation from theaudience.
Dalila Page, LVN and RN Student testifiedthat she was a student of Career PointCollege and was six weeks from graduationwhen the school closed without any notice tostudents. Ms. Page came to ask the Boardfor assistance with locating a school so shecan finish her education. Ms. Page indicatedshe has researched numerous schools butthe schools refer her back to the Board. Ms.Page reiterated her request for the Board toassist her and her the other students withcompleting their education in order to obtainlicensure as a nurse in Texas.
Judy Mayberry, LVN and RN Student voicedher frustration with the unannounced closureof Career Point College and with the difficulty
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she has had trying to obtain information onhow this happened. Ms. Mayberry told theBoard how she feels she has had her RNeducation and licensure “snatched” from herand how it has been very devastating. Ms.Mayberry wanted to know how the Board cankeep this from happening to others in thefuture and spoke to the Board of her need forthe Board Members to remember her face,name and issues because she is dependingon the Board to help her and her fellowstudents resolve this situation so that thestudents can complete their education and sitfor the NCLEX exam.
No additional speakers came forward and theopen forum was closed.
7. NEW BUSINESS 7.1. Texas PeerAssistanceProgram for Nurses(TPAPN) 7.1.1. Texas PeerAssistanceProgram for NursesQuarterly Report
The Board reviewed the Texas PeerAssistance Program for Nurses QuarterlyReport. Jonathan Wolfarth was introducedas the new Program Director for TPAPN andwill be focusing on improving operationswithin TPAPN.
No action.
7.1.3. Texas PeerAssistanceProgram for NursesAdvisoryCommittee
Denise Benbow reported the Texas PeerAssistance Program for Nurses (TPAPN)Advisory Committee met on September 9,2016. The new TPAPN program director,Jonathan Wolfarth, led the AdvisoryCommittee meeting and provided hisperspective of the current status of theTPAPN program. He stated that he has agoal to improve communication with the BONby revising the quarterly report to the Boardto provide clarity and to build relationshipswith the BON. The next Advisory Committeemeeting will be December 2, 2016.
No action.
7.2. Considerationof ProposedAmendments to 22Tex. Admin. Code§214.3, relating toProgramDevelopment,Expansion andClosure
The Board considered the ProposedAmendments to 22 Tex. Admin. Code§214.3, relating to Program Development,Expansion and Closure.
Motion by Deborah Bell; Second by DavidSaucedo
Move to approve the proposed amendmentsto 22 Texas Administrative Code §214.3,relating to Program Development, Expansionand Closure, with authority for the GeneralCounsel to make editorial changes asnecessary to clarify rule and Board intent and
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to comply with the formatting requirements ofthe Texas Register. If no negative commentsand no request for a public hearing arereceived, move to adopt the proposedamendments to 22 Texas AdministrativeCode §214.3, relating to ProgramDevelopment, Expansion and Closure, asproposed.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
7.3. Considerationof ProposedAmendments to 22Tex. Admin. Code§215.3, relating toProgramDevelopment,Expansion andClosure
The Board considered the ProposedAmendments to 22 Tex. Admin. Code§215.3, relating to Program Development,Expansion and Closure.
Motion by Patti Clapp; Second by DianaFlores
Move to approve the proposed amendmentsto 22 Texas Administrative Code §215.3,relating to Program Development, Expansionand Closure, 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, move to adopt the proposedamendments to 22 Texas AdministrativeCode §215.3, relating to ProgramDevelopment, Expansion and Closure, asproposed.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
7.4. Considerationof ProposedAmendments to 22Tex. Admin. Code§211.7, relating toExecutive Director
The Board considered the ProposedAmendments to 22 Tex. Admin. Code§211.7, relating to Executive Director.
Motion by David Saucedo; Second by LauraDisque
Move to approve the proposed amendmentsto 22 Texas Administrative Code §211.7,relating to Executive Director, 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,
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move to adopt the proposed amendments to22 Texas Administrative Code §211.7,relating to Executive Director, as proposed.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
7.5. AnnualInternal AuditReport for FiscalYear 2016
Jaye Stepp, Auditor reviewed the AnnualInternal Audit Report for Fiscal Year 2016with the Board.
Motion by Deborah Bell; Second by PattiClapp
Move to accept the Annual Internal Auditreport as prepared for Fiscal Year 2016.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
7.6. Annual QualityAssurance andImprovementProgram Report forFiscal Year 2016
Jaye Stepp, Auditor reviewed the AnnualQuality Assurance and ImprovementProgram Report for Fiscal Year 2016 with theBoard.
No action. Report for informational purposes.
7.7. Internal AuditPlan for Fiscal Year2017
Jaye Stepp, Auditor reviewed the InternalAudit Plan for Fiscal Year 2017 with theBoard.
Motion by Deborah Bell; Second by DianaFlores
Move to accept the Internal Audit Plan asprepared by Jaye Stepp, CPA for Fiscal Year2017.
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
7.8. Internal AuditCharter for FiscalYear 2017
Jaye Stepp, Auditor reviewed the InternalAudit Charter for Fiscal Year 2017 with theBoard.
Motion by Deborah Bell; Second by PattiClapp
Move to accept the Internal Audit Charter asPrepared by Jaye Stepp, CPA for Fiscal Year2017.
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For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
8. Proposed BoardOrders 8.6. ALJProposals forDecision 8.6.1.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#212745, Issued toCHERI ELAINEBRAZEE, SOAHDocket No.507-15-2330 8.6.1.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#212745, Issued toCHERI ELAINEBRAZEE, SOAHDocket No.507-15-2330
The Board considered the Proposal ForDecision, Recommendations, and Boardaction:In the Matter of Permanent CertificateLVN #212745, Issued to CHERI ELAINEBRAZEE, SOAH Docket No. 507-15-2330.
Board Member Deborah Bell recused herselffrom the consideration, discussion and voteon this agenda item.
Motion by Patti Clapp; Second by KathyLeader-Horn
Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposedConclusion of Law Number 5, which ismodified and adopted as set out in theproposed order, and impose a Warning withStipulations against the Respondent'snursing license for one year, as is set out inthe proposed order.
Abstain: David Saucedo
Recuse: Deborah Bell
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; Patti Clapp;Nina Almasy; Kathy Leader-Horn; BeverleyNutall; and Kathy Shipp
Final Resolution: Motion Carries.
8.6.5.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificates AP#106606 and RN#256929, Issued toCONNIE A.
The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of PermanentCertificates AP #106606 and RN #256929,Issued to CONNIE A. PATTERSON, SOAHDocket No. 507-15-2135.
Motion by Deborah Bell; Second by DianaFlores
Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposedConclusions of Law Numbers 5 and 6, whichare modified and adopted as set out in theproposed order; adopt new Conclusion ofLaw Number 7, as set out in the proposedorder; revoke the Respondent's licenses andprescriptive authority and impose the
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PATTERSON,SOAH Docket No.507-15-2135 8.6.5.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificates AP#106606 and RN#256929, Issued toCONNIE A.PATTERSON,SOAH Docket No.507-15-2135
assessment of administrative costs againstthe Respondent, as set out in the proposedorder.
Against: Allison Porter-Edwards; Patti Clapp
For: Laura Disque; Doris Jackson; DianaFlores; David Saucedo; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
8.7. Default ALJProposals forDecision 8.7.1.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action:In the Matter ofPermanentCertificate LVN#302849, Issued toCRYSTAL ANNCOOKE, SOAHDocket No.507-16-4574 8.7.1.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#302849, Issued toCRYSTAL ANNCOOKE, SOAHDocket No.507-16-4574
The Board considered the Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN #302849, Issued to CRYSTAL ANNCOOKE, SOAH Docket No. 507-16-4574.Crystal Cooke, LVN #302849 was presentand was given full opportunity to address theboard.
Motion by Patti Clapp; Second by DeborahBell
Move to Remand this PFD back to Staff forconsideration.
For: Laura Disque; Doris Jackson; DianaFlores; David Saucedo; Nina Almasy; KathyLeader-Horn; Deborah Bell; AllisonPorter-Edwards; Patti Clapp; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
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8.7.2.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action:In the Matter ofPermanentCertificate LVN#203251, Issued toSANDRA REAFLORES, SOAHDocket No.507-16-4896 8.7.2.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#203251, Issued toSANDRA REAFLORES, SOAHDocket No.507-16-4896
The Board considered the Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN #203251, Issued to SANDRA REAFLORES, SOAH Docket No. 507-16-4896.
Board Members Patti Clapp; Beverley Nutall;and Kathy Shipp recused themselves prior tothe consideration, discussion and vote onthis agenda item.
Motion by Deborah Bell; Second by LauraDisque
Move to adopt the proposed order andrevoke the Respondent's nursing license bydefault.
Abstain: David Saucedo
Recuse: Patti Clapp; Beverley Nutall; andKathy Shipp
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; Nina Almasy;Kathy Leader-Horn; and Deborah Bell
Final Resolution: Motion Carries.
8.7.3.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action:In the Matter ofPermanentCertificate RN#717559, Issued toETTIE KRISTENVILLARREAL,SOAH Docket No.507-16-3827 8.7.3.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#717559, Issued toETTIE KRISTEN
The Board considered the Order of Dismissaland Remand, Recommendations, and Boardaction: In the Matter of Permanent CertificateRN #717559, Issued to ETTIE KRISTENVILLARREAL, SOAH Docket No.507-16-3827.
Motion by Laura Disque; Second by DeborahBell
Move to adopt the proposed order andrevoke the Respondent's nursing license bydefault.
For: Allison Porter-Edwards; Laura disque;Doris Jackson; Diana Flores; DavidSaucedo; Patti Clapp; Nina Almasy; KathyLeader-Horn; Deborah Bell; Beverley Nutall;and Kathy Shipp
Final Resolution: Motion Carries.
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VILLARREAL,SOAH Docket No.507-16-3827
9.MISCELLANEOUS 9.1. Board Items ofInterest for FutureBoard Meetings
None No action.
9.2. BoardDevelopment
None No action.
9.3. Review of theBoard QuarterlyMeeting Evaluation
The Board reviewed the Board QuarterlyMeeting Evaluation comments from the July,2016 Board Meeting.
No action.
9.4. BoardMeeting, Eligibilityand DisciplinaryCommittee Meetingand InformalConference Datesfor 2017
The Board reviewed the proposed BoardMeeting, Eligibility and DisciplinaryCommittee Meeting and Informal ConferenceDates for 2017.
The following are the designated dates forBoard Meetings, Eligibility and DisciplinaryCommittee Meetings and InformalConference dates for 2017:
Board Meetings:January 19-20April 20-21July 20-21October 26-27
Eligibility and Disciplinary CommitteeMeetings:February 14March 21May 9June 13August 8September 12November 14December 12
Informal Settlement Conferences:January 3, 10, 24, 31February 7, 21, 28March 7, 28April 4, 11, 25May 2, 16, 23, 30June 6, 20, 27July 11, 25August 1, 22, 29September 5, 19, 26October 3, 10, 17, 31November 7, 28December 5, 19
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9.5. Appointmentof Board Membersfor InformalConferences for2017
The Board discussed the appointment ofBoard Members to attend InformalConferences for 2017.
The following Board Members designated thefollowing dates to observe InformalSettlement Conferences:
January 3 - Doris JacksonJanuary 10 - Deborah Bell & David SaucedoFebruary 28 - Laura DisqueApril 4 - Patti ClappAugust 1 - Laura DisqueOctober 3 - Diana Flores
9.6. Appointmentof Board Membersto BON Committeesfor 2017
Board President Kathy Shipp discussedappointment of Board Members to BONCommittees for 2017.
The following Board Members wereappointed to the following BON Committees:
Eligibility and Disciplinary CommitteeJanuary - JunePatti Clapp, ChairKathy Leader-Horn (February; March; May & June)
Allison Porter Edwards (February, March & June)
Doris Jackson (May)
David Saucedo (June - Observing)
July-DecemberDoris Jackson, ChairDavid SaucedoMonica HambyDiana Flores (August - Observing)
Board Development LiaisonDoris JacksonPatti Clapp
Strategic Planning LiaisonPatti ClappDiana Flores
Board Budget LiaisonDavid Saucedo
Internal Auditor LiaisonFrancis Stokes
Advanced Practice NursingKathy Shipp
Advisory Committee on EducationNina AlmasyAllison Porter-EdwardsDoris Jackson
APRN Liaison CommitteeKathy Shipp
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Education Liaison CommitteeNina AlmasyAllison Porter-EdwardsDoris Jackson
Nursing Practice Advisory CommitteeLaura DisqueDiana Flores
Advisory Committee on Licensure,Eligibility and DisciplinePatti Clapp
Growth in Nursing Education Task Force Allison Porter-EdwardsLaura Disque
9.7. Election ofBoardVice-President for2017-2018
Board Member Patti Clapp presentedinformation on her background, experienceand contributions to the Board in support ofher interest in being elected as theVice-President of the board.
Motion by Kathy Shipp; Second by NinaAlmasy
Move to elect Patti Clapp as Board Vice-President for the next two years.
Abstain: Patti Clapp
For: Allison Porter-Edwards; Laura disque;Doris Jackson; Diana Flores; DavidSaucedo; Nina Almasy; Kathy Leader-Horn;Deborah Bell; Beverley Nutall; and KathyShipp
Final Resolution: Motion Carries
9.8. Report onGovernor's TrainingSeminar for NewBoard MemberAppointees
Board Members Laura Disque, Diana Floresand Doris Jackson reported that theGovernor’s Training Seminar was verybeneficial and recommended all membersattend the next available training.
No action.
ADJOURNMENT Having completed this day’s business themeeting adjourned at 5:02 p.m.
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TEXAS BOARD OF NURSING
Regular MeetingOctober 27-28, 20168:55 am - 9:55 am333 Guadalupe, Tower II, Room 225Austin, Texas
Present:Kathy Shipp, MSN, RN, FNP, Board President, Representing APN Practice Deborah Hughes Bell, CLU, ChFC, Board Vice-President, Representing ConsumersNina Almasy, BSN, RN, MSN, Representing LVN EducationPatti Clapp, BA, Representing ConsumersLaura A. Disque, MN, RN, Representing RN Allison Porter-Edwards, DrPH, MS, RN, Representing BSN EducationDiana Rodriguez Flores, MN, RN, Representing RN PracticeDoris Jean Jackson, DHA, MSN, RN, Representing ADN EducationKathy Leader-Horn, LVN, Representing LVN PracticeBeverley Jean Nutall, LVN, Representing LVN PracticeDavid Saucedo II, Representing Consumers
Absent:Monica Hamby, LVN, Representing LVN PracticeFrancis D. Stokes, Representing Consumers
Staff present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementKristin Benton, Director of NursingJames “Dusty” Johnston, General Counsel Jena Abel, Assistant General CounselStacey Cropley, Nursing ConsultantJan Hooper, Nursing ConsultantVirginia Ayars, Nursing ConsultantDenise Benbow, Nursing ConsultantLinda Laws, Nursing ConsultantSusan Lee, Nursing ConsultantKristen Sinay, Nursing ConsultantGayle Varnell, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistBill Ray, Information TechnologyDarryl Holt, Information Technology
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CALL TO ORDER Kathy Shipp called the meeting to order at8:55 am, Friday, October 28, 2016.
ROLL CALL Katherine Thomas called the roll. BoardMembers Monica Hamby, LVN and FrancisStokes, Consumer Member were absent. Aquorum was established with elevenmembers in attendance.
INTRODUCTIONS Board Members and Staff introducedthemselves to the audience and attendees.
8. Proposed BoardOrders 8.6. ALJ Proposalsfor Decision 8.6.2.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificates AP#119040 and RN#784525, Issued toPRIANGLAMBROOKS, SOAHDocket No.507-15-2425 8.6.2.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificates AP#119040 and RN#784525, Issued toPRIANGLAMBROOKS, SOAHDocket No.507-15-2425
The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of PermanentCertificates AP #119040 and RN #784525,Issued to PRIANGLAM BROOKS, SOAHDocket No. 507-15-2425.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the board.
Board Members Patti Clapp and BeverleyNutall recused themselves prior to theconsideration, discussion and vote on thisagenda item.
Motion by Deborah Bell; Second by LauraDisque
Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposedConclusion of Law Number 6, which ismodified and adopted as set out in theproposed order; re-designate proposedConclusions of Law Numbers 14 and 15 asrecommendations; revoke the Respondent'slicenses and prescriptive authority; assessadministrative costs of the hearing; and anadministrative penalty, as set out in theproposed order.
Recuse: Beverley Nutall and Patti Clapp
For: Allison Porter-Edwards; Laura Disque;Doris Jackson; Diana Flores; Nina Almasy;Kathy Leader-Horn; David Saucedo;Deborah Bell; and Kathy Shipp
Final Resolution: Motion Carries.
8.6.4.Consideration ofProposal ForDecision,Recommendationsand Board action: In the Matter of
The Board considered the Proposal ForDecision, Recommendations and Boardaction: In the Matter of Permanent CertificateLVN #313786, Issued to MARTHANYANGAU, SOAH Docket No. 507-16-2259.Martha Nyangau, LVN #313786 was presentand was given full opportunity to address the
Motion by Laura Disque; Second by DorisJackson
Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposedConclusion of Law Number 10, which is
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PermanentCertificate LVN#313786, Issued toMARTHANYANGAU, SOAHDocket No.507-16-2259 8.6.4.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#313786, Issued toMARTHANYANGAU, SOAHDocketNo.507-16-2259
board. hereby re-designated as a recommendation,and proposed Conclusion of Law Number 11,which is modified and adopted as set out inthe proposed order, and impose aReprimand with Stipulations against theRespondent's nursing license for two years,as is set out in the proposed order.
For: Allison Porter-Edwards; Patti Clapp; Laura Disque; Doris Jackson; Diana Flores;Nina Almasy; Kathy Leader-Horn; BeverleyNutall; David Saucedo; Deborah Bell; andKathy Shipp
Final Resolution: Motion Carries.
8.6.6.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#323321, Issued toGLORIACHAVERARODRIGUEZ,SOAH Docket No.507-16-1939 8.6.6.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#323321, Issued toGLORIACHAVERARODRIGUEZ,SOAH Docket No.507-16-1939
The Board considered the Proposal ForDecision, Recommendations, and Boardaction: In the Matter of Permanent CertificateLVN #323321, Issued to GLORIA CHAVERARODRIGUEZ, SOAH Docket No.507-16-1939.Gloria Chavera Rodriguez, LVN #323321was present and was given full opportunity toaddress the board.
Motion by Kathy Shipp; Second by DeborahBell
Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification and impose a Warningwith Stipulations against the Respondent’slicense for one year, to include thestipulations set out in the proposed order.
For: Allison Porter-Edwards; Patti Clapp; Laura Disque; Doris Jackson; Diana Flores;Nina Almasy; Kathy Leader-Horn; BeverleyNutall; David Saucedo; Deborah Bell; andKathy Shipp
Final Resolution: Motion Carries.
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ADJOURNMENT Having completed all business as listed onthe agenda, the meeting adjourned at 9:55a.m.
________________________________Kathy Shipp, MSN, RN, FNPBoard President
_________________________________Katherine A. Thomas, MN, RN, FAANExecutive Director
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