477 Clapp, BA, Representing Consumers Tamara Cowen, MSN, RN, Representing RN Practice Sheri Denise...

477

TEXAS BOARD OF NURSING

Regular MeetingJuly 17, 20148:34 am- 5:30 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 PracticeSheri Denise Crosby, JD, SPHR, Representing ConsumersMarilyn J. Davis, BSN, RN, MPA, Representing RN PracticeMonica Hamby, LVN, Representing LVN PracticeJosefina Lujan, PhD, RN, Representing BSN EducationMary LeBeck, MSN, RN, Representing ADN Education

Absent:Shelby Ellzey, Representing ConsumersKathy Leader-Horn, LVN, Representing LVN PracticeBeverley Jean Nutall, LVN, Representing LVN Practice

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 CounselMelinda Hester, Nursing ConsultantJan Hooper, Nursing ConsultantVirginia Ayars, Nursing ConsultantSandi Emerson, Nursing ConsultantBonnie Cone, Nursing ConsultantLinda Laws, Nursing ConsultantChristina Stelly, Nursing ConsultantGayle Varnell, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistJeremy Bruker, Information TechnologyBill Ray, Information Technology

478

AGENDA ITEM DISCUSSION ACTION

CALL TO ORDER Kathy Shipp called the meeting to order at8:34 am, Thursday, July 17, 2014.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with ten members inattendance, Board Members Kathy Leader-Horn, Beverley Nutall and Shelby Ellzey wereabsent.

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

ACCEPTANCE OFAGENDA

The Board reviewed the agenda. The following items were removed from theagenda for consideration:

Agreed OrdersFord, Donna M. RN #648217 / LVN #117329Taylor, Quincy RN #760667

The Board voted to Approve the Agenda.

ACCEPTANCE OF MINUTES

The Board reviewed the minutes from theApril 15, 2014 Board Training.

The Board reviewed the minutes from theApril 16-17, 2014 Board Meeting.

The Board voted to Approve the Minutesfrom the April 15, 2014 Board Training.

Motion by Patricia Clapp, Second by TamaraCowen.

For: Patricia Clapp, Nina Almasy, MonicaHamby, Mary Lebeck, Marilyn Davis,Josefina Lujan, Deborah Bell, TamaraCowen

Abstain: Sheri Crosby

Recuse: Kathy Shipp

Final Resolution: Motion Carries

The Board voted to Approve the Minutesfrom the April 16-17, 2014 Board Meeting.



Abstain: Sheri Crosby

Recuse: Kathy Shipp


479


CONSENTAGENDA ITEMS

The Board Reviewed the Consent AgendaItems.

The following Recusals were made onConsent Agenda Items:

8.1. Agreed OrdersBoard Member Deborah Bell recused herselffrom the consideration and vote on theAgreed Orders of:Houston, Melissa L., RN #761741Miksch, Sarah Whitney, LVN #230138

8.6. Default ALJ Proposals for DecisionBoard Members Deborah Bell and TamaraCowen recused themselves prior to theconsideration and vote on: 8.6.1. In the Matter of Permanent CertificateLVN #205944, Issued to CARRIE ANNBEARD, SOAH Docket No. 507-14-1923

8.6.2. In the Matter of Permanent CertificateLVN #68021, Issued to EVELYN S. BOGAN,SOAH Docket No. 507-14-1713

8.6.4. In the Matter of Permanent CertificateLVN #179080, Issued to ANGELA LOUISEBROWN, SOAH Docket No. 507-14-1714

8.6.16. In the Matter of PermanentCertificate RN#703599, Issued to FRANKANTHONY TAMARIZ, SOAH Docket No.507-14-1715

8.6.17. In the Matter of PermanentCertificate RN#573946, Issued toCHEVETTE LISA TUCKER, SOAH DocketNo. 507-14-2664

Board Member Tamara Cowen recusedherself prior to the consideration and vote on: 8.6.3. In the Matter of PermanentCertificates RN #827743 & LVN #195187,Issued to JESSICA ANNE BRILEY, SOAHDocket No. 507-14-3247

8.6.19. In the Matter of PermanentCertificate RN#777102, Issued to TANNANICOLE VIGUE-DRY, SOAH Docket No.507-14-3250

Board Members Deborah Bell and MarilynDavis recused themselves prior to theconsideration and vote on: 8.6.13. In the Matter of PermanentCertificate RN#742527, Issued to AMBERNICOLE HANEY, SOAH Docket No.507-14-1614

480


8.6.21. In the Matter of PermanentCertificates RN#510466 & LVN #63561,Issued to ROBERT E. WITTMAYER, SOAHDocket No. 507-14-1613

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/aTexas Board ofNursing, Defendant,Cause No.D-1-GN-12-003072,in the 126th JudicialDistrict Court,Travis County,Texas; Valerie Green vs.Texas Board ofNurses, Katherine

Approved on Consent.

481


Thomas, 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-13-002487In 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. ContinuingEducation Pre-Renewal AuditReport-3RDQuarter, FiscalYear 2014


3.1.1. PromotingCompetency Report


3.2.1. Status Reporton New NursingEducationPrograms andActive and PotentialProposals


3.2.2. Status Reporton Programs withSanctions


3.2.3. Report onCommunicationActivities withNursing EducationPrograms


482


3.2.4.Consideration ofFollow-Up SurveyVisit Report for NewNursing EducationProgram -Clarendon Collegein Pampa, Texas -Associate DegreeNursing EducationProgram


3.2.5.Consideration ofReports of RoutineSurvey Visits toNursing EducationPrograms 3.2.5.a. VictoriaCollege in Victoria,Texas - VocationalNursing EducationProgram


3.2.5.b. WhartonCounty JuniorCollege in Wharton,Texas - AssociateDegree NursingEducation Program


4.1. CriminalBackground CheckUpdate


4.2. Report onEnforcement’sInitiative to AddressComplaint Backlog


5.1.1. Eligibility andDisciplinaryCommittee


5.1.2. QuarterlyStatistical Report -3RD Quarter, FiscalYear 2014


6.1. NurseLicensure CompactUpdate


6.2. Adoption ofProposedAmendments to 22Tex. Admin. Code


483


§213.32, Pertainingto Corrective ActionProceedings andSchedule ofAdministrativeFines

6.3. Adoption ofProposedAmendments to 22Tex. Admin. Code§213.34, Pertainingto DeferredDisciplinary ActionPilot Program


7.1.1. TPAPNQuarterly Report


7.1.2. Texas PeerAssistanceProgram for NursesThird Party ReferralReport


8. PROPOSEDBOARD ORDERS

8.1. AgreedOrders

The board voted to ratify the Agreed Orderson Consent with the following results:

Ashley, Chantel Latresa AP# AP114308/RN# 626367 / LVN# 153215

Warning with Stipulations

Austin, Melissa Sue LVN# 191377 Limited License

Balde, Myrna N. RN# 710986 Reprimand with Stipulations

Bern, Tami Lee LVN# 226589 Warning with Stipulations

Boyd, Tammie Ruth LVN# 177574 / RNExam Petitioner


Camat, Orlando Anies RN# 569529 Reprimand with Stipulations

Carter, Linda Kay RN# 567435 / LVN#38399

Reprimand with Stipulations

Castaneda (Gonzales), Laura LVN# 182373 Enforced Suspension

Cavazos, Arlene D. LVN# 89131 Warning with Stipulations

Clark, Connie Ann RN# 602650 Warning with Stipulations

Crawford, Wendy S. RN# 543029 Warning with Stipulations

Davis, Philma Noreen RN# 525149 Limited License

Evans, Shannon Marie LVN# 203656 Warning with Stipulations

484


Eyer, Mary Margurita LVN# 302866 Warning with Stipulations

Flores, Jessie Gilbert RN# 606299 Suspend/Probate

Francis, Lauretta LVN# 309525 Warning with Stipulations

Gillilan, Kathleen Fay LVN# 215743 Warning with Stipulations

Gomez, Vickie Garlene LVN# 132039 Warning with Stipulations

Guilbeau, Myra Yvette LVN# 141552 Reprimand with Stipulations

Gundaya, Amor Maria Z. LVN# 165879 Reprimand with Stipulations

Han, Joyce K. Davis RN# 242056 Limited License

Hicks, Tori Jane AP# AP117407 / RN#597617

Suspend/Probate

Hogue, Jami McGuire RN# 715399 / LVN#159831


Holley, Wesley W. RN# 533599 Warning with Stipulations

Hood, Leonila R. RN# 663771 Warning with Stipulations

Hollingsworth, Linda June RN# 524812 Enforced Suspension

Houston, Melissa L. RN# 761741 Board Member Deborah Bell recusedherself from the consideration and voteon this board order.Warning with Stipulations

Hughes, Lisa Michelle RN# 571671 Suspend/Probate

Karanja, Michelle Njeri LVN# 306101 Warning with Stipulations

Kraft, Angela Kirsten RN# 779415 Warning with Stipulations

Lopez, Cynthia Lee LVN# 182069 Reprimand with Stipulations

Martin, Karen E. LVN# 44247 Warning with Stipulations

Michael, Michelle R. RN# 620082 Reprimand with Stipulations

Miksch, Sarah Whitney LVN# 230138 Board Member Deborah Bell recusedherself from the consideration and voteon this board order.Warning with Stipulations

Mills, Lacey Renee LVN# 307164/ RNExam Petitioner


Minshew, Joshua Wayne LVN# 223180 Warning with Stipulations

Mitchell, Lakeisha Denise LVN# 193131 Warning with Stipulations

Morgan, Jadon Allen RN# 804486 / NC PTPRN# 265349


Neba, Eric Suh LVN# 300768 Warning with Stipulations

485


Ochoa, Pamela Miller RN# 756635 Warning with Stipulations

Olisaeke, Callistus E. RN# 690631 Warning with Stipulations

O'Neal, Kaci J. RN# 738190 Reprimand with Stipulations

Onwumbiko, Adeline Ogechukwu RN#715599


Ostermann, Floyetta Kay LVN# 103587 Warning with Stipulations

Quietson, Mario Lumucso RN# 613351 Warning with Stipulations

Rice, Monica Roxanne RN# 794133 / LVN#215227


Ross, Darlene Ann RN# 789125 Warning with Stipulations

Rush, Terresa RN# 648685/ LVN# 145545 Warning with Stipulations

Sarmiento, Rubi RN# 717871 Reprimand with Stipulations

Shain, Brandon RN# 809523 Reprimand with Stipulations

Sickler, Tonya Diane LVN# 129727 Reprimand with Stipulations

Sterling, Cynthia Mae RN# 642149 Reprimand with Stipulations

Tankeng, Sophie Aroke RN# 650010/LVN# 156658


Teriba, Segun Adenrele RN# 816857 Reprimand with Stipulations

Walters, Sandra Lynn RN# 721161 Warning with Stipulations

Woods, Monica Antionette LVN# 201792 Suspend/Probate

Yim, Sang Hyon RN# 787581 Warning with Stipulations

Yoes, Stacy RN# 787067 Reprimand with Stipulations

8.2. DEFERREDAGREED ORDERS

Anthony, Leena T. RN# 766576 Warning with Stipulations -Deferred

Jones, Haysal Juvene RN# 554082 Warning with Stipulations - Deferred

Neugebauer, Ashley Ann LVN# 315330 Warning with Stipulations - Deferred

8.3.REINSTATEMENTAGREED ORDERS

Belcher, Benjamin Alva, RN# 670126 Reinstated with Stipulations

Carruth, Marla Jo, RN# 588647 Reinstated with Stipulations

486


Forgy, David Eugene, RN# 540246 Reinstated with Stipulations

Hale, Marie Elnor, RN# 243892 Reinstated with Stipulations

8.4 ELIGIBILITYAGREED ORDERS

Barnett, Cody Dane LVN Exam Petitioner Eligibility Agreed Order with Stipulations

Bavar, Sarah Josal RN Exam Petitioner Eligibility Agreed Order with Stipulations

Carlisle, Tiara M. RN Exam Petitioner Eligibility Agreed Order with Stipulations

Chambers (Redmon), Heather Michelle RN Exam Petitioner

Eligibility Agreed Order with Stipulations

Chavarria (Lozano), Janie Navarro LVNExam Petitioner


Elbekraoui, Samira Amale LVNEndorsement Petitioner


Harris, Chamesta Camile LVNEndorsement Petitioner


Nunez, Michelle RN Exam Petitioner Eligibility Agreed Order with Stipulations

Pierce, Jason Dean LVN EndorsementPetitioner


Poley (Ellerman), Angela Marie LVNExam Petitioner


Rohde, Robyn Denise RN Exam Petitioner Eligibility Agreed Order with Stipulations

Sanford, Larry RN Exam Petitioner Eligibility Agreed Order with Stipulations

Shaffer, Mark Douglas RN ExamPetitioner


Sims, Theresa Rene RN Exam Petitioner Eligibility Agreed Order with Stipulations

Williams (Smith Cunnif), Priscilla LVNExam Petitioner


York (Hubbard), Mattie Louise LVN ExamPetitioner


Zapata, Dorian Andrea RN Exam Petitioner


8.6. DEFAULT ALJPROPOSALS FORDECISION

8.6.1.Consideration ofOrder of Dismissaland Remand,

Board Members Deborah Bell and TamaraCowen recused themselves from theconsideration and vote on this agendaitem.

487


Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#205944, Issued toCARRIE ANNBEARD, SOAHDocket No.507-14-1923

Revoked by Default.

8.6.2.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#68021, Issued toEVELYN S.BOGAN, SOAHDocket No.507-14-1713

Board Members Deborah Bell and TamaraCowen recused themselves from theconsideration and vote on this agendaitem.Revoked by Default.

8.6.3.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificates RN#827743 & LVN#195187, Issued toJESSICA ANNEBRILEY, SOAHDocket No.507-14-3247

Board Member Tamara Cowen recusedherself from the consideration and voteon this agenda item.Revoked by Default.

8.6.4.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#179080, Issued toANGELA LOUISEBROWN, SOAHDocket No.507-14-1714


488


8.6.5.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate RN#696306, Issued toDEJA RAE CAIN,SOAH Docket No.507-14-1307

Revoked by Default.

8.6.6.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate RN#613011, Issued toTOMAS I. COSME,SOAH Docket No.507-14-2040

Revoked by Default.

8.6.7.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate RN#774413, Issued toKAREN NOELLECREECY, SOAHDocket No.507-14-2657

Revoked by Default.

8.6.8.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#227442, Issued toCAROLYNHUCKABYDENNEY, SOAHDocket No.507-14-2041

Revoked by Default.

489


8.6.9.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#48968, Issued toRUTH J. DRAPER,SOAH Docket No.507-14-2360

Revoked by Default.

8.6.10.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#218903, Issued toMISTY BRIANNEFLOWERS, SOAHDocket No.507-14-2658

Revoked by Default.

8.6.11.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#214460, Issued toVANESSA MARIEGARCIA, SOAHDocket No.507-14-2045

Revoked by Default.

8.6.12.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#791468, Issuedto MIA MARIEGATICA, SOAHDocket No.507-14-1272

Revoked by Default.

490


8.6.13.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#742527, Issuedto AMBER NICOLEHANEY, SOAHDocket No.507-14-1614

Board Members Deborah Bell and MarilynDavis recused themselves from theconsideration and vote on this agendaitem.Revoked by Default.

8.6.14.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificate LVN#166115, Issued toRHONDA LYNNKUYKENDALL,SOAH Docket No.507-14-2037

Revoked by Default.

8.6.15.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#186022,Issued to IRMAJEAN RUSSELL,SOAH Docket No.507-14-2572

Revoked by Default.

8.6.16.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#703599, Issuedto FRANKANTHONYTAMARIZ, SOAH


491


Docket No.507-14-1715

8.6.17.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#573946, Issuedto CHEVETTELISA TUCKER,SOAH Docket No.507-14-2664


8.6.18.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateLVN#181276,Issued to BRANDIJEAN TURNEY,SOAH Docket No.507-14-2088

Revoked by Default.

8.6.19.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#777102, Issuedto TANNA NICOLEVIGUE-DRY,SOAH Docket No.507-14-3250

Board Member Tamara Cowen recusedherself from the consideration and voteon this agenda item.Revoked by Default.

8.6.20.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificateRN#724924, Issued

Revoked by Default.

492


to JASON GLYNNWELLS, SOAHDocket No.507-14-2043

8.6.21.Consideration ofOrder of Dismissaland Remand,Recommendations,and Board action: In the Matter ofPermanentCertificatesRN#510466 & LVN#63561, Issued toROBERT E.WITTMAYER,SOAH Docket No.507-14-1613

Board Members Deborah Bell and MarilynDavis recused themselves from theconsideration and vote on this agendaitem.Revoked by Default.

1.ADMINISTRATION 1.1. ExecutiveDirector’s Report

Katherine Thomas reviewed her writtenreport to the board.

No action.

1.3. Report onFinal Strategic Planfor Fiscal Years2015-2019

The Board reviewed the Final Strategic Planfor Fiscal Years 2015-2019.

No action.

1.4. Review ofLegislativeAppropriationRequestExceptional ItemsFiscal Years2016-2017

The Board considered the LegislativeAppropriation Request Exceptional ItemsFiscal Years 2016-2017.

Motion by Tamara Cowen, Second byDeborah Bell.

Move to accept the staff recommendationsfor the list of LAR prioritized exceptionalissues with costs associated for the 2016 and2017 Legislative Appropriations Requestincluding the addition of the CAPPS FTEwhich includes the current 2014/2015 basefunding.

For: Sheri Crosby, Patricia Clapp, NinaAlmasy, Monica Hamby, Mary Lebeck,Marilyn Davis, Josefina Lujan, Deborah Bell,Tamara Cowen

Abstain: Kathy Shipp


1.5. Report on theResults of the

The Board reviewed the Report on theResults of the Texas Board of Nursing

No action.

493


Texas Board ofNursing EmployeeEngagementSurvey performedby Dr. NoelLanduyt, TheUniversity of TexasSchool of SocialWork

Employee Engagement Survey performed byDr. Noel Landuyt, The University of TexasSchool of Social Work.

2. OPERATIONS 2.1. FinancialStatements- 3RDQuarter, FiscalYear 2014

The Board reviewed the FinancialStatements- 3RD Quarter, Fiscal Year 2014.

No action.

3. NURSING 3.1. PRACTICE 3.1.2. Report onImplementation ofSB 1857, 82ndTexas Legislatureand the LVNOn-Call PilotProgram

Melinda Hester provided an update regardingthe implementation of the LVN On-Call PilotProgram required by Senate Bill (SB) 1857.

No action.

3.1.3. Report onImplementation ofthe KnowledgeSkills TrainingAssessment andResearch (KSTAR)Pilot

Kristin Benton provided an update to the Board regarding the implementation of theKSTAR Pilot Program.

No action.

3.2. EDUCATION 3.2.6. PublicHearings onProposals toEstablish NewNursing EducationPrograms 3.2.6.a.LeTourneauUniversity inLongview, Texas -BaccalaureateDegree NursingEducation Program

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - LeTourneauUniversity in Longview, Texas -Baccalaureate Degree Nursing EducationProgram. The Board considered theLeTourneau University proposal to establisha new Baccalaureate Degree Nursing (BSN)Education Program in Longview, Texas , andthe report of the survey visit.Dale Lunsford, University President; Philip

Motion by Josefina Lujan, Second byDeborah Bell.

Move to grant initial approval to LeTourneauUniversity Baccalaureate Degree NursingEducation Program in Longview, Texas, andimpose the conditions/requirements in theattached Board Order.

Against: Sheri Crosby, Patricia Clapp, NinaAlmasy, Monica Hamby, Mary Lebeck,

494


Coyle, Provost; and Kimberly Quiett, NurseEducator were present to answer questions.

Marilyn Davis, Josefina Lujan, Deborah Bell,Tamara Cowen


Final Resolution: Motion Fails

Motion by Josefina Lujan, Second byDeborah Bell.

Move to grant initial approval to LeTourneauUniversity Baccalaureate Degree NursingEducation Program in Longview, Texas, andimpose the following condition:The program shall not admit more than onecohort of twenty (20) students in the first yearand one cohort of thirty (30) students insubsequent years until the program achievesFull Approval from the Board.




3.2.6.b. NationalAmerican Universityin Austin, Texas -BaccalaureateDegree NursingEducation Program

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - National AmericanUniversity in Austin, Texas - BaccalaureateDegree Nursing Education Program. TheBoard considered the National AmericanUniversity proposal to establish a newBaccalaureate Degree Nursing (BSN)Education Program in Austin, Texas , and thereport of the survey visit.Lynn Priddy, Provost; Dodie Serafini, Dean;and Jere Hammer, RN, Program Chair werepresent and available to answer questions.

Motion by Josefina Lujan, Second by MaryLebeck.

Move to grant initial approval to NationalAmerican University to establish a newBaccalaureate Degree Nursing EducationProgram in Austin, Texas, and impose thefollowing conditions:The program shall not admit more than one(1) cohort of twenty-four (24) students in thefirst year and one (1) cohort of twenty-four(24) students in subsequent years until theprogram achieves Full Approval from theBoard.




495


3.2.6.c. SouthUniversity in Austin,Texas -BaccalaureateDegree NursingEducation Program

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - South University inAustin, Texas - Baccalaureate DegreeNursing Education Program. The Boardconsidered the South University proposal toestablish a new Baccalaureate DegreeNursing (BSN) Education Program in Austin,Texas , and the report of the survey visit.Linda S. Dune, PhD, RN, CNL, ProposedDirector; John T. South, III, Chancellor; andShelby Frutchey, Austin Campus Presidentwere present and available to answerquestions.

Motion by Josefina Lujan, Second by MaryLebeck.

Move to grant initial approval to SouthUniversity Baccalaureate Degree NursingEducation Program in Austin, Texas, andimpose the following condition:The program shall not admit more than onecohort of twenty-four (24) students in the firstyear and one cohort of twenty-four (24)students in subsequent years until theprogram achieves Full Approval from theBoard.




3.2.6.d. TheCollege of HealthCare Professions inHouston, Texas -Associate DegreeNursing EducationProgram

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - The College of HealthCare Professions in Houston, Texas -Associate Degree Nursing EducationProgram. The Board considered the Collegeof Health Care Professions proposal toestablish a new Associate Degree Nursing(ADN) Education Program in Houston,Texas, and the report of the survey visit.Wendy Cockron, MSN, RN, CNE; TerriLowery, Campus President; and Jon D.Emerald, CEO were present and available toanswer questions.

Motion by Patricia Clapp, Second byDeborah Bell.

Move to grant Initial Approval to The Collegeof Health Care Professions to establish anew Associate Degree Nursing EducationProgram in Houston, Texas, and to imposethe following conditions:The program shall not admit more than onecohort of twenty (20 students in the first yearand two cohorts of twenty (20) students insubsequent years, totaling not more thanforty (40) students annually until the programis on Full Approval;The program shall provide evidence ofcompletion of all educational facilities andoffices (faculty offices, simulation laboratory)not later than November 1, 2014.




496


5. COMMITTEEREPORTS 5.1. BoardCommittees 5.1.3.Development andEvaluation

The Board reviewed the past BoardDevelopment topics and discussed futureBoard Development topics, including theCriminal DPS Rap Back Program and Tele-Health.

No action.

5.2. AdvisoryCommittees/TaskForces 5.2.1. AdvancedPractice NursingAdvisoryCommittee

No report.

5.2.2. NursingPractice AdvisoryCommittee

Christina Stelly reported on the May 19, 2014meeting.

No action.

5.2.2.a.Consideration ofAppointment ofNew NursingPractice AdvisoryCommitteeMembers

The Board considered the Appointment ofNew Nursing Practice Advisory CommitteeMembers.


Move to accept and approve the nominationof Dr. Donna Richardson to represent theTexas Nurses Association and MichelleDionne-Vahalik to represent the Departmentof Aging and Disability Services on theNursing Practice Advisory Committee.




5.2.2.b. Requestfor Charge toReview Rule217.16 MinorIncidents

The Board considered the Request forCharge to Review Rule 217.16 MinorIncidents.

Motion by Deborah Bell, Second by MaryLebeck.

Move to charge the Nursing PracticeAdvisory Committee to review and makerecommendations regarding Board Rule217.16, Minor Incidents. The committeesrecommendations will be presented for theBoards consideration at a future Boardmeeting.

For: Sheri Crosby, Patricia Clapp, Nina

497


Almasy, Monica Hamby, Mary Lebeck,Marilyn Davis, Josefina Lujan, Deborah Bell,Tamara Cowen



5.2.3. AdvisoryCommittee onEducation

No report.

5.2.4. AdvisoryCommittee onLicensure, Eligibilityand Discipline 5.2.4.a.Consideration ofAppointment ofReplacementMembers to theAdvisoryCommittee onLicensure,Eligibility, andDiscipline

The Board considered the Appointment ofReplacement Members to the AdvisoryCommittee on Licensure, Eligibility, andDiscipline.

Motion by Deborah Bell, Second by TamaraCowen.

Move to approve the appointment of Ms.Lockhart to the Advisory Committee onLicensure, Eligibility, and Discipline as arepresentative of TNA, effective immediately.




5.2.5. Task Forceon Delegation

Melinda Hester reported that the DelegationTask Force (DTF) for Chapter 224 met onJune 20, 2014 to begin discussions regardingany potential revisions to the RN delegationrules. Laura Miller, RN MSN, representingthe Texas Organization for Nurse Executiveswas elected to Chair the DTF for Chapter224. Dr. MaryBeth Thomas provided a briefhistorical overview of the delegation rules.Dusty Johnston provided guidance to theDTF regarding their charge to reviewChapter 224 and determine whetherrevisions are necessary and if so, to makerecommendations for the Board'sconsideration. The general consensus of theDTF was the rules were "not broken" andrequired only a few changes. The DTFidentified several concepts for Board staff toincorporate into draft rule language for thetask force to consider at their next meetingon July 30th The DTF recommended

No action.

498


statewide education for all nurses regardingthe RN delegation rules. Board's staff wouldlike to take this opportunity to thank BoardMember, Deborah Bell for attending andparticipating in the Delegation Task Force,Chapter 224 subcommittee.

5.2.5.a.Consideration ofAppointment ofNew Members toTask Force onDelegation

The Board considered the Appointment ofNew Members to Task Force on Delegation.

Motion by Deborah Bell, Second by TamaraCowen.

Move to accept and approve the nominationsof Monte Chambers to represent the TexasSchool for the Blind and Visually Impaired;Ramona Gaston-McNutt to represent thePrescribed Pediatric Extended Care Centersat the Department of Aging and DisabilityServices; and Gary Eubanks to represent theUniversity of Texas Medical BranchCorrectional Managed Care to serve on theDelegation Task Force for Chapter 224.




5.3. Collaborationwith OutsideAgencies /Stakeholders 5.3.1. StatewideHealth CoordinatingCouncil TexasCenter for NursingWorkforce StudiesAdvisoryCommittee

Katherine Thomas reported on the July 16,2014 teleconference meeting of the AdvisoryCommittee. The 2013 NursingDemographics and Trends Report wasreviewed and approved.

No action.

5.3.1.a.Consideration ofReport on theOversight of theTexas Center forNursing WorkforceStudies

The Board considered the Report on theOversight of the Texas Center for NursingWorkforce Studies.

No action.

5.3.2. UpdatesRelated to the

Kristin Benton reported that Board staff metwith representatives from THECB and TWC

No action.

499


Texas HigherEducationCoordinating Boardand the TexasWorkforceCommission

on June 23, 2014. These regular meetingshave been focused on learning more abouteach agency's role in approving pre-licensurenursing education programs. At the June23rd meeting, Gary Tommerlin, TWC DeputyAssistant Commissioner for Community andTechnical Colleges provided an overview ofthe Workforce Education Course Manualupdating process. The next meeting will beheld on November 3rd.

5.3.4. Texas TeamReport - RobertWood JohnsonInitiative

Katherine Thomas reported that theEducation Committee has focused onstrategies to achieve 80% BSN preparedRNs by 2020, implementation of the APINgrant and determining nursing knowledge ofthe IOM Future of Nursing Reportrecommendations a survey is underdevelopment to ascertain nursing knowledgeof this report. The Practice Committee hasworked jointly on the survey of nurseknowledge of the IOM report andrecommendations. This committee is alsosurveying nurses to determine theirknowledge of health information technology.

No action.

5.3.5. NationalCouncil of StateBoards of Nursing 5.3.5.a. Report onAnnual NCSBNDelegate Assembly,to be held August13-15, 2014, inChicago, IL

The Board considered the Report on theAnnual NCSBN Delegate Assembly, to beheld August 13-15, 2014, in Chicago, IL.

Motion by Tamara Cowen, Second byPatricia Clapp.

Move to direct the Delegates to vote on theseissues after hearing and considering thediscussion on the issues.




OPEN FORUM: Kathy Shipp announced the format andinvited participation from the audience.

Rebecca Zielinski, RN, Director of HealthCare Programs, Vista College.Ms. Zielinski spoke to the Board regarding

No action.

500


the Vista College interest in assisting with thestudents that have been dropped by theunexpected program closure of AnaMarcCollege LVN program in El Paso, Texas.

No other speakers came forward and theOpen Forum was closed at 1:46 pm.

6. OLD BUSINESS 6.4. ProposedAdoption of Repealof 22 Tex. Admin.Code Chapter 221,Pertaining toAdvanced PracticeNurses, andProposed New 22Tex. Admin. CodeChapter 221,Pertaining toAdvanced PracticeRegistered Nurses,Written CommentsReceived, OralCommentsReceived at PublicHearing, if any, andBoard Responsesto Comments

The Board considered the ProposedAdoption of Repeal of 22 Tex. Admin. CodeChapter 221, Pertaining to AdvancedPractice Nurses, and Proposed New 22 Tex.Admin. Code Chapter 221, Pertaining toAdvanced Practice Registered Nurses,Written Comments Received, OralComments Received at Public Hearing, ifany, and Board Responses to Comments.


Move to withdraw the proposed repeal of 22Tex. Admin. Code Chapter 221, Pertaining toAdvanced Practice Nurses, and proposednew 22 Tex. Admin. Code Chapter 221,Pertaining to Advanced Practice RegisteredNurses, as were published in the TexasRegister on May 30, 2014.

For: Sheri Crosby, Patricia Clapp, NinaAlmasy, Monica Hamby, Mary Lebeck,Marilyn Davis, Josefina Lujan, Deborah Bell

Against: Tamara Cowen



6.5. ProposedAdoption ofAmendments to 22Tex. Admin. Code§214.9, Pertainingto Program of Study

The Board considered the ProposedAdoption of Amendments to 22 Tex. Admin.Code §214.9, Pertaining to Program ofStudy.

No action.

6.6. ProposedAdoption ofAmendments to 22Tex. Admin. Code§215.9, Pertainingto Program ofStudy, WrittenCommentsReceived, andBoard Responsesto Comments

The Board considered the ProposedAdoption of Amendments to 22 Tex. Admin.Code §215.9, Pertaining to Program ofStudy, Written Comments Received, andBoard Responses to Comments.

Motion by Patricia Clapp, Second by MarilynDavis.

Move to adopt the proposed amendments to§215.9 without changes, as published in theTexas Register on May 23, 2014. Further,authorize Staff to publish the summary of thecomment and response to the comment.


Against: Sheri Crosby

501




6.7. ProposedAdoption ofAmendments to 22Tex. Admin. Code213.35, Pertainingto Knowledge,Skills, Training,Assessment andResearch (KSTAR)Pilot Program,Written CommentsReceived, if any,and BoardResponses toComments

The Board considered the ProposedAdoption of Amendments to 22 Tex. Admin.Code 213.35, Pertaining to Knowledge,Skills, Training, Assessment and Research(KSTAR) Pilot Program, Written CommentsReceived, if any, and Board Responses toComments.

No action.

7. NEW BUSINESS 7.1.3. Texas PeerAssistanceProgram for NursesAdvisoryCommittee

Bonnie Cone reported that a meeting washeld June 6, 2014 is for information purposesonly; no action is required. I'm sharing thisreport on behalf of Denise Benbow. A report was provided to the Committee onthe financial status for TPAPN. While thereport appeared to indicate excess fundingdue to vacant positions, it was explained asthe result of staff vacancies and length oftime to fill the position. Although a budgetdiscrepancy is noted, the discrepancy isexplained as the difference in TPAPNscalendar year (July 1st-June 20th) andBON's calendar year (September 1st -August 31st). The draft for the strategic plan was shared. Highlights of the plan include:A website redesign to facilitate nurses'accessing support and information;Implementing NCSBN's guidelines foralternative to discipline programs;Deciding what mental health disordersTPAPN should accept; andEnsure policies and procedures align withparent organization's policies and proceduresWhile TPAPN has been trailing in referrals, itwas reported that as of June 6th, everyreferral had been opened and assigned acase manager.

No action.

502


7.1.4.Consideration ofReport onOversight of TexasPeer AssistanceProgram for Nurses

The Board considered the Report onOversight of Texas Peer Assistance Programfor Nurses. Staff will continue to monitor theprogram.

No action.

7.2. Considerationof Adela Hunt,Applicant forAdvanced PracticeRegistered NurseLicensure, Requestfor Exception toRule 221.3(e)(1)

The Board considered the Request forException to Rule 221.3(e)(1) of Adela Hunt,Applicant for Advanced Practice RegisteredNurse Licensure.


Move to deny the request from Adela Hunt towaive the requirement for a separate,dedicated, graduate level course in advancedhealth assessment as set forth in Rule221.3(e)(1).




7.3. Considerationof ProposedAmendments to 22Tex. Admin. Code§217.1, Pertainingto Definitions

The Board considered ProposedAmendments to 22 Tex. Admin. Code§217.1, Pertaining to Definitions.

Motion by Deborah Bell, Second by PatriciaClapp.

Move to approve the proposed amendmentsto 22 Tex. Admin. Code §217.1, Pertaining toDefinitions, 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 Tex. Admin. Code§217.1, Pertaining to Definitions, asproposed.




7.4. Considerationof ProposedAmendments to 22Tex. Admin. Code

The Board considered ProposedAmendments to 22 Tex. Admin. Code§215.5, Pertaining to Philosophy/Mission andObjectives/Outcomes.


Move to approve the proposed amendment

503


§215.5, Pertainingto Philosophy /Mission andObjectives /Outcomes

to 22 Tex. Admin. Code §215.5, Pertaining toPhilosophy / Mission and Objectives /Outcomes, 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 proposedamendment to 22 Tex. Admin. Code §215.5,Pertaining to Philosophy / Mission andObjectives / Outcomes, as proposed.




7.5. Considerationof ProposedAmendments to 22Tex. Admin. Code§223.1, Pertainingto Fees

The Board considered ProposedAmendments to 22 Tex. Admin. Code§223.1, Pertaining to Fees.


Move to approve the proposed amendmentsto 22 Tex. Admin. Code §223.1, Pertaining toFees, 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 §223.1, Pertaining toFees, as proposed.




7.6. Considerationof ProposedAmendments to 22Tex. Admin. Code§216.1, Pertainingto Definitions;§216.5, Pertainingto Additional

The Board considered ProposedAmendments to 22 Tex. Admin. Code§216.1, Pertaining to Definitions; §216.5,Pertaining to Additional Criteria for SpecificContinuing Education Programs; and §216.6,Pertaining to Activities That are notAcceptable as Continuing Education.

Motion by Tamara Cowen, Second byDeborah Bell.

Move to approve the proposed amendmentsto 22 Tex. Admin. Code §216.1, Pertaining toDefinitions; §216.5, Pertaining to AdditionalCriteria for Specific Continuing EducationPrograms; and §216.6, Pertaining to

504


Criteria for SpecificContinuingEducationPrograms; and§216.6, Pertainingto Activities Thatare not Acceptableas ContinuingEducation

Activities That are not Acceptable asContinuing Education, with authority for theGeneral Counsel to make editorial changesas necessary to clarify rule and Board intentand to comply with the formattingrequirements of the Texas Register. If nonegative comments and no request for apublic hearing are received, move to adoptthe proposed amendments to 22 Tex. Admin.Code §216.1, Pertaining to Definitions;§216.5, Pertaining to Additional Criteria forSpecific Continuing Education Programs;and §216.6, Pertaining to Activities That arenot Acceptable as Continuing Education, asproposed.




8. Proposed BoardOrders 8.5. ALJProposals forDecision

8.5.6.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPrivilege to PracticeFrom Utah PNNumber6993026-3101 &RN Number6993026-3102,Issued to TIFFANYLYNNE PICKETT,SOAH Docket No.507-13-5439 8.5.6.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In the

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5439.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the board.


Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification and impose aReprimand with Stipulations and a Fineagainst the Respondent's license for twoyears, to include the stipulations set out inthe attached proposed order, including theassessment of administrative costs.




505


Matter of Privilegeto Practice FromUtah PN Number6993026-3101 &RN Number6993026-3102,Issued to TIFFANYLYNNE PICKETT,SOAH Docket No.507-13-5439

8.5.7.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificates RN596550 & LVN#139605, Issued toAMY NANETTEREYNOLDS,SOAH Docket No.507-14-1418 8.5.7.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanent Certificates RN596550 & LVN#139605, Issued toAMY NANETTEREYNOLDS,SOAH Docket No.507-14-1418

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-14-1418.Marc Meyer, Attorney for Respondent andAmy Nanette Reynolds, Respondent werepresent and were given full opportunity toaddress the board.

Board Members Deborah Bell and KathyShipp recused themselves prior to thediscussion and vote on this agenda item.

Motion by Mary Lebeck, Second by NinaAlmasy.

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposedConclusion of Law Number 7, which is notadopted by the Board, and impose aReprimand with Stipulations against theRespondent's licenses for 2 years, to includeremedial education courses, employernotifications, quarterly reports, abstentionand random drug screening, and indirectsupervision for the duration of the Order, asset out in the attached proposed Order.

For: Nina Almasy, Mary Lebeck

Against: Sheri Crosby, Patricia Clapp,Monica Hamby, Marilyn Davis, JosefinaLujan, Tamara Cowen

Recuse: Kathy Shipp, Deborah Bell

Final Resolution: Motion Fails

Motion by Patricia Clapp, Second by JosefinaLujan.

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for proposedConclusion of Law Number 7, which is notadopted by the Board, and impose aReprimand with Stipulations against theRespondent's licenses for 2 years, to includeremedial education courses, employernotifications, quarterly reports, abstentionand random drug screening, and incident

506


reporting for the duration of the Order.

For: Sheri Crosby, Patricia Clapp, MonicaHamby, Marilyn Davis, Josefina Lujan,Tamara Cowen

Against: Nina Almasy, Mary Lebeck

Recuse: Deborah Bell, Kathy Shipp


9.MISCELLANEOUS 9.9. Review ofEmergencyEvacuation Plan ofTower II, Room225, William P.Hobby Building forBoard Members,Staff and Visitors

The Board reviewed the EmergencyEvacuation Plan of Tower II, Room 225,William P. Hobby Building for BoardMembers, Staff and Visitors.

No action.

ADJOURNMENT Having completed this day’s business themeeting adjourned at 5:30 p.m.

507

TEXAS BOARD OF NURSING

Regular Meeting

Friday, July 18, 20138:30 a.m. - 12:30 p.m.333 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 Practice, Departed meeting at Sheri Denise Crosby, JD, SPHR, Representing ConsumersMarilyn J. Davis, BSN, RN, MPA, Representing RN PracticeMonica Hamby, LVN, Representing LVN PracticeJosefina Lujan, PhD, RN, Representing BSN EducationMary LeBeck, MSN, RN, Representing ADN Education

Absent:Shelby Ellzey, Representing ConsumersKathy Leader-Horn, LVN, Representing LVN PracticeBeverley Jean Nutall, LVN, Representing LVN Practice

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 CounselMelinda Hester, Nursing ConsultantJan Hooper, Nursing ConsultantVirginia Ayars, Nursing ConsultantDenise Benbow, Nursing ConsultantSandi Emerson, Nursing ConsultantBonnie Cone, Nursing ConsultantLinda Laws, Nursing ConsultantChristina Stelly, Nursing ConsultantGayle Varnell, Nursing ConsultantJolene Zych, Nursing ConsultantBruce Holter, Information SpecialistJeremy Bruker, Information TechnologyBill Ray, Information Technology

508


CALL TO ORDER Kathy Shipp called the meeting to order at8:30 am, Friday, July 18, 2014.

ROLL CALL Katherine Thomas did the roll call. A quorumwas established with ten members inattendance, Board Members KathyLeader-Horn, Beverley Nutall and ShelbyEllzey were absent.

5. COMMITTEEREPORTS 5.2. AdvisoryCommittees / TaskForces 5.2.6. Task Forceto StudyImplications of theGrowth of TexasNursing EducationPrograms

Kristin Benton reported the Task Force toStudy Implications of Growth of NursingEducation Programs in Texas is currentlyworking on 2 current charges;1-Produce a guideline for Optimal ClinicalInstruction 2-Analyze the 2013 NEPIS (NursingEducation Program Information Survey)results with regard to use of clinical hours The Task Force last met face-to-face inAustin on June 13th to continue work on theeducation guideline and discuss preliminarytrends from the Clinical Instruction Surveylaunched in April of this year. This Surveywas routed by program directors ofpre-licensure education programs to faculty,students and clinical affiliates. Task Forcemembers provided input and direction to staffto continue development of the guidelineusing the review of the literature, surveyresults, and pending results from the NCSBNSimulation Study. It is anticipated that theGuideline will be presented to the Board inOctober.The Task Force directed staff to plan astatewide faculty workshop in Austin nextspring. This workshop is tentatively plannedfor March, 2015.

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

No report.

509


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

Mary Beth Thomas provided updates to theBoard. The pilot will end August 31, 2014and staff will provide a Pilot EvaluationReport with recommendations for the futureof the pilot to the October 2014 Boardmeeting.

No action.

7. NEW BUSINESS 7.7. Considerationof ProposedRecommendationsfor a Policy forBoard MemberExcused Absencesat Board Meetingsunder TexasOccupations Code,Sec. 301.055(a)(5)

The Board considered the ProposedRecommendations for a Policy for BoardMember Excused Absences at BoardMeetings under Texas Occupations Code,Sec. 301.055(a)(5).

Motion by Tamara Cowen, Second byPatricia Clapp.

Motion to table this item for later discussionat the October meeting.

For: Sheri Crosby, Patricia Clapp, NinaAlmasy, Monica Hamby, Mary Lebeck,Tamara Cowen

Abstain: Deborah Bell, Kathy Shipp


8. BOARDORDERS 8.5. ALJProposals forDecision 8.5.1.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate RN#647399, Issued toTAMMY CAMPOS,SOAH Docket No.507-13-5023 8.5.1.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#647399, Issued toTAMMY CAMPOS,

The Board considered the Administrative LawJudge's Proposal for Decision and Staff'sRecommendations for Disposition of DocketNo. 507-13-5023.


Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, take no action againstthe Respondent's registered nursing license;and dismiss the amended formal chargespending against the Respondent's nursinglicense.

For: Sheri Crosby, Patricia Clapp, NinaAlmasy, Monica Hamby, Mary Lebeck,Deborah Bell, Tamara Cowen



510


SOAH Docket No.507-13-5023

8.5.2.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate RN#778048, Issued toTHOMAS NEALCOMBS JR., SOAHDocket No.507-13-5850 8.5.2.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#778048, Issued toTHOMAS NEALCOMBS JR., SOAHDocket No.507-13-5850


Motion by Tamara Cowen, Second by MaryLebeck.

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, including Finding ofFact Number 38, as amended by the ALJ inher final letter ruling of April 2, 2014; take noaction against the Respondent's registerednursing license; and dismiss the formalcharges pending against the Respondent'snursing license.




8.5.3.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofAdvanced PracticeRegistered NurseLicense NumberAP116188 withPrescriptionAuthorizationNumber 7971 andPermanentCertificate RN#688501, Issued toIESHA ISHEAGRANT, SOAHDocket No.507-13-2793 8.5.3.a. Executive


Motion by Deborah Bell, Second by PatriciaClapp.

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFDwithout modification, except for Conclusion ofLaw Number 18, which is not adopted but isre-designated as part of the ALJ'srecommendation, and revoke theRespondent's nursing licenses andprescriptive authority and assessadministrative costs.




511


Session pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of AdvancedPractice RegisteredNurse LicenseNumber AP116188with PrescriptionAuthorizationNumber 7971 andPermanentCertificate RN#688501, Issued toIESHA ISHEAGRANT, SOAHDocket No.507-13-2793

8.5.5.Consideration ofProposal ForDecision,Recommendations,and Board action: In the Matter ofPermanentCertificate RN#597758, Issued toDAVID CHARLESMATTHEWS,SOAH Docket No.507-14-1063 8.5.5.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate RN#597758, Issued toDAVID CHARLESMATTHEWS,SOAH Docket No.507-14-1063


Motion by Patricia Clapp, Second by MaryLebeck.

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, to include stipulations.

For: Patricia Clapp, Nina Almasy, MonicaHamby, Mary Lebeck, Deborah Bell, TamaraCowen

Against: Sheri Crosby



8.5.8.Consideration ofProposal ForDecision,Recommendations,


Motion by Mary Lebeck, Second by DeborahBell.

Move to adopt all of the proposed Findings ofFact and Conclusions of Law in the PFD

512


and Board action: In the Matter ofPermanentCertificate LVN#199652, Issued toMISTY LENEASMITH, SOAHDocket No.507-13-4349 8.5.8.a. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificate LVN#199652, Issued toMISTY LENEASMITH, SOAHDocket No.507-13-4349

without modification, including Finding ofFact Number 6, as revised by the ALJ in hisfinal letter ruling of May 28, 2014, butexcluding Conclusion of Law Number 7,which is modified and adopted; Revoke theRespondent's nursing license; and assessadministrative costs in the amount of$2,224.78.




9.MISCELLANEOUS

9.1. Board Items ofInterest for FutureBoard Meetings

The Board discussed items of interest forfuture board meetings.

Items to be scheduled for future boardmeetings will be Sunset process; Rapback;Telehealth; and Space for students.

9.2. BoardDevelopment:Nursing EducationProgramInformation SurveyPresentation byPam Lauer, MPH,Program Director,Texas Center forNursing WorkforceStudies

Pam Lauer, MPH, Program Director, TexasCenter for Nursing Workforce Studiespresented on the Nursing Education ProgramInformation Survey.

No action.

9.3. Review of theBoard QuarterlyMeeting Evaluation

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

No action.

9.4. Considerationof Proposed Dateand Topics forOctober, 2014Board Retreat

The Board discussed proposed dates andtopics for the October, 2014 Board Retreat.

The Board scheduled the October retreat forWednesday, October 22, 2014 from 2pm-6pm and the topics to be discussed will beSunset/Legislative Overview, and having aTNA Representative discuss the TNA 2015Legislative Agenda.

513


9.5. ExecutiveSession Pursuantto Tex. Gov't CodeAnn. §551.074(Texas OpenMeetings Act)RegardingPersonnel Matters:AnnualPerformanceEvaluation ofKatherine A.Thomas, MN, RN,FAAN, ExecutiveDirector - Convenein Open Session toconsiderrecommendationsand take action

The Board went into Executive Session at8:40 a.m. Pursuant to Tex. Gov't Code Ann.§551.074 (Texas Open Meetings Act)Regarding Personnel Matters: AnnualPerformance Evaluation of Katherine A.Thomas, MN, RN, FAAN, Executive Director.

The Board Convened in Open Session toconsider recommendations and take actionon the Performance Evaluation of KatherineA. Thomas, MN, RN, FAAN, ExecutiveDirector.

Motion by Kathy Shipp, Second by DeborahBell.

Move to award fifteen days paidadministrative leave to Katherine A. Thomas,MN, RN, FAAN, Executive Director forexcellent job performance.

For: Sheri Crosby, Patricia Clapp, NinaAlmasy, Monica Hamby, Mary Lebeck,Deborah Bell, Kathy Shipp, Tamara Cowen


9.6. ExecutiveSession Pursuantto Tex. Gov't CodeAnn. §551.074(Texas OpenMeetings Act)RegardingPersonnel Matters:Annual BoardSelf-Evaluation

The Board met in Executive SessionRegarding Personnel Matters: Annual BoardSelf-Evaluation.

No action.

9.7. Nominationsfor BoardVice-President

Kathy Shipp opened the floor for Nominationsfor Board Vice-President.

Board Member Deborah Bell nominatedherself for Board Vice-President;Board Member Patti Clapp nominated herselffor Board Vice-President.The Board will hold a vote on the Board Vice-President seat at the October, 2014 BoardMeeting.

9.8. Considerationof Appointment of aBoardSub-Committee toReviewGovernance Auditby the InternalAuditor

The Board considered the Appointment of aBoard Sub-Committee to ReviewGovernance Audit by the Internal Auditor.

No action.

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ADJOURNMENT Having completed all business as listed onthe agenda, the meeting adjourned at 12:30p.m.

________________________________Kathy Shipp, MSN, RN, FNPBoard President

_________________________________Katherine A. Thomas, MN, RN, FAANExecutive Director

477 Clapp, BA, Representing Consumers Tamara Cowen, MSN, RN, Representing RN Practice Sheri Denise...

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