Live Blogging the Texas Board of Nursing Meeting – Day 2

I didn’t want to blog about the hearings this morning during the hearings because of possible ethical concerns of mine.  But now that the Board has rendered decisions, I will make some comments after the jump.

First off, there was a young woman who used a cell phone during the break of the NCLEX.  First, some advice – DO NOT TAKE YOUR CELL PHONE INTO THE TESTING CENTER!  This is not legal advice – it is common sense advice!  Don’t do it, because of what has happened.  The Board revoked the test scores of the candidate and she will have to take the test again . . . all because she grabbed her cell phone.  DON”T DO IT!

Then there was a contested case hearing that was regarding falsification of an application from 2000, but was disclosed in 2008.  The Board was given the choice by staff of taking the ALJ proposal for decision (pfd) (with a technical correction) and not imposing discipline OR imposing remedial education and a fine.  If you have been following the Board lately, you know what happened next – disciplinary action of remedial education and a fine were imposed.

I talked with Liz Higginbotham after the hearing.  I have also talked with Dusty Johnston about general issues – it is interesting how the different sides view these cases.

9:56am   Report of the Advanced Practice Committee;  Nothing exciting except the unratified APRN compact is going to expire and the Board will consider reintroducing it at a later time.

10:06am  This is the last Board meeting for a few members, so now they are being honored.  Beverly Nutall, Deborah Bell, Blanca Rose Garcia and Board President Linda Rounds have expiring terms.

10:40am  Back after a break.  Going through reports of committees.  Some discussion about the differentiated entry level competencies for the educational programs, but nothing really earth-shattering.

11:00am  Board Development time.  I will probably take off for awhile,  To be back at before 1:00.

12:35pm  The report of the Executive Director on the National Council of State Boards.

12:38pm  One of the Board members pulled an agreed order.   There was a mention of intentional defrauding related to scholarship monies and an agreed order.  She was wanting to understand why this was an agreed order and the  rationale about it.

1:00pm  Every four years, the Board is required to review the rules of the Board every four years.  The Board is going start this process again.  They are also going to recodify the rules – rewrite rules to cut out outdated references and rewrite the rules.  First up:  Chapter 217 – Licensure, Peer Assistance and Practice and Chapter 213 – Practice and Procedure.  These are the most important rules in terms of disciplinary action, which is of course my area of interest (and the interests of many of my fellow members of the American Association of Nurse Attorneys – Texas Chapter).  I expect there will be significant public comment . . .

1:20pm  Board is suspending the license of a 60 year old nurse. I gather that she has not had the advice of an attorney at any stage.

1:30pm   Staff is discussing Rule 213.33 related to defaults that occur at the SOAH stage.  I’m not even sure I understand why this doesn’t occur now – if you don’t show for a SOAH hearing, you should expect to have a license revoked.  If you don’t want this to happen – hire an attorney and have them appear for you.  Or any other of several ways of dealing with the issue.  Plus, the rule is permissive. . . .allegedly.  I can live with this as a licensure defense attorney.

1:45pm  Better speak English well if you are a foreign nurse looking to come to Texas.  Either show your school teaches in English or they are accepting a Pearson Test of English Academic that shows the person can speak English.

2:02pm  I am glad that I have stayed for this.  They are discussing remedial education courses.  I have some issues with the proposed rules, especially since I do not have a Master’s Degree in Nursing (however, my wife does have a Master’s Degree in Education and she is kind of involved in the process, so this may not necessarily involve me).  But what about jurisprudence – which is really about the legal issues – right up my alley.  And Documentation is also heavily a legal issue (and medical-legal), areas which I know well.  I need to go talk to Robin Caldwell and Virginia Ayars now.

2:49pm Going through the SOAH hearings now.  Sad to see peoples careers be extinguished, but not all are that way. . . .

2:57pm  Just got told I won’t be able to offer nursing remedial education classes.

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