CHAPTER 301. NURSES

OCCUPATIONS CODE

TITLE 3. HEALTH PROFESSIONS

SUBTITLE E. REGULATION OF NURSING

CHAPTER 301. NURSES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 301.001. SHORT TITLE. This chapter may be cited as the

Nursing Practice Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.002. DEFINITIONS. In this chapter:

(1) "Board" means the Texas Board of Nursing.

(1-a) "Chief nursing officer" means the registered nurse who is

administratively responsible for the nursing services at a

facility.

(1-b) "Patient safety committee" has the meaning assigned by

Section 303.001.

(2) "Professional nursing" means the performance of an act that

requires substantial specialized judgment and skill, the proper

performance of which is based on knowledge and application of the

principles of biological, physical, and social science as

acquired by a completed course in an approved school of

professional nursing. The term does not include acts of medical

diagnosis or the prescription of therapeutic or corrective

measures. Professional nursing involves:

(A) the observation, assessment, intervention, evaluation,

rehabilitation, care and counsel, or health teachings of a person

who is ill, injured, infirm, or experiencing a change in normal

health processes;

(B) the maintenance of health or prevention of illness;

(C) the administration of a medication or treatment as ordered

by a physician, podiatrist, or dentist;

(D) the supervision or teaching of nursing;

(E) the administration, supervision, and evaluation of nursing

practices, policies, and procedures;

(F) the requesting, receiving, signing for, and distribution of

prescription drug samples to patients at sites in which a

registered nurse is authorized to sign prescription drug orders

as provided by Subchapter B, Chapter 157;

(G) the performance of an act delegated by a physician under

Section 157.052, 157.053, 157.054, 157.0541, 157.0542, 157.058,

or 157.059; and

(H) the development of the nursing care plan.

(3) 'Nurse' means a person required to be licensed under this

chapter to engage in professional or vocational nursing.

(4) 'Nursing' means professional or vocational nursing.

(5) "Vocational nursing" means a directed scope of nursing

practice, including the performance of an act that requires

specialized judgment and skill, the proper performance of which

is based on knowledge and application of the principles of

biological, physical, and social science as acquired by a

completed course in an approved school of vocational nursing.

The term does not include acts of medical diagnosis or the

prescription of therapeutic or corrective measures. Vocational

nursing involves:

(A) collecting data and performing focused nursing assessments

of the health status of an individual;

(B) participating in the planning of the nursing care needs of

an individual;

(C) participating in the development and modification of the

nursing care plan;

(D) participating in health teaching and counseling to promote,

attain, and maintain the optimum health level of an individual;

(E) assisting in the evaluation of an individual's response to a

nursing intervention and the identification of an individual's

needs; and

(F) engaging in other acts that require education and training,

as prescribed by board rules and policies, commensurate with the

nurse's experience, continuing education, and demonstrated

competency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 112, Sec. 4, eff. May 11,

2001; Acts 2003, 78th Leg., ch. 553, Sec. 1.002, eff. Sept. 1,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

113, Sec. 3, eff. May 20, 2005.

Acts 2007, 80th Leg., R.S., Ch.

803, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 1, eff. September 1, 2007.

Sec. 301.003. APPLICATION OF SUNSET ACT. The Texas Board of

Nursing is subject to Chapter 325, Government Code (Texas Sunset

Act). Unless continued in existence as provided by that chapter,

the board is abolished September 1, 2017.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.003, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 2, eff. September 1, 2007.

Sec. 301.004. APPLICATION OF CHAPTER. (a) This chapter does

not apply to:

(1) gratuitous nursing care of the sick that is provided by a

friend;

(2) nursing care provided during a disaster under the state

emergency management plan adopted under Section 418.042,

Government Code, if the person providing the care does not hold

the person out as a nurse unless the person is licensed in

another state;

(3) nursing care in which treatment is solely by prayer or

spiritual means;

(4) an act performed by a person under the delegated authority

of a person licensed by the Texas Medical Board;

(5) an act performed by a person licensed by another state

agency if the act is authorized by the statute under which the

person is licensed;

(6) the practice of nursing that is incidental to a program of

study by a student enrolled in a nursing education program

approved under Section 301.157(d) leading to an initial license

as a nurse; or

(7) the practice of nursing by a person licensed in another

state who is in this state on a nonroutine basis for a period not

to exceed 72 hours to:

(A) provide care to a patient being transported into, out of, or

through this state;

(B) provide nursing consulting services; or

(C) attend or present a continuing nursing education program.

(b) This chapter does not authorize the practice of medicine as

defined by Chapter 151.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.004, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 3, eff. September 1, 2007.

Sec. 301.005. REFERENCE IN OTHER LAW. A reference in any other

law to the former Board of Nurse Examiners means the Texas Board

of Nursing.

Added by Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 4, eff. September 1, 2007.

SUBCHAPTER B. TEXAS BOARD OF NURSING

Sec. 301.051. BOARD MEMBERSHIP. (a) The Texas Board of Nursing

consists of 13 members appointed by the governor with the advice

and consent of the senate as follows:

(1) six nurse members, including:

(A) one advanced practice nurse;

(B) two registered nurses who are not advanced practice nurses

or members of a nurse faculty; and

(C) three vocational nurses who are not members of a nurse

faculty;

(2) three members who are nurse faculty members of schools of

nursing:

(A) one of whom is a nurse faculty member of a school of nursing

offering a baccalaureate degree program in preparing registered

nurses;

(B) one of whom is a nurse faculty member of a school of nursing

offering an associate degree program in preparing registered

nurses; and

(C) one of whom is a nurse faculty member of a school of nursing

at an institution of higher education preparing vocational

nurses; and

(3) four members who represent the public.

(b) Appointments to the board shall be made without regard to

the race, color, disability, sex, religion, age, or national

origin of the appointee.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.006, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 6, eff. September 1, 2007.

Sec. 301.052. MEMBER ELIGIBILITY. (a) A person is not eligible

for appointment as a registered nurse or vocational nurse member

of the board unless the person has practiced nursing in the role

for which the member was appointed for at least three of the five

years preceding the date of appointment.

(b) A person is not eligible for appointment as a public member

of the board if the person or the person's spouse:

(1) is registered, certified, or licensed by an occupational

regulatory agency in the field of health care;

(2) is employed by or participates in the management of a

business entity or other organization that:

(A) provides health care services;

(B) sells, manufactures, or distributes health care supplies or

equipment; or

(C) is regulated by or receives money from the board;

(3) owns or controls, directly or indirectly, more than a 10

percent interest in a business entity or other organization that:

(A) provides health care services;

(B) sells, manufactures, or distributes health care supplies or

equipment; or

(C) is regulated by or receives money from the board; or

(4) uses or receives a substantial amount of tangible goods,

services, or funds from the board, other than compensation or

reimbursement authorized by law for board membership, attendance,

or expenses.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.007, eff. Sept.

1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 7, eff. September 1, 2007.

Sec. 301.053. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. (a) In

this section, "Texas trade association" means a cooperative and

voluntarily joined statewide association of business or

professional competitors in this state designed to assist its

members and its industry or profession in dealing with mutual

business or professional problems and in promoting their common

interest.

(b) A person may not be a member of the board and may not be a

board employee employed in a "bona fide executive,

administrative, or professional capacity," as that phrase is used

for the purposes of establishing an exemption to the overtime

provisions of the federal Fair Labor Standards Act of 1938 (29

U.S.C. Section 201 et seq.), if:

(1) the person is an officer, employee, or paid consultant of a

Texas trade association in the field of health care; or

(2) the person's spouse is an officer, manager, or paid

consultant of a Texas trade association in the field of health

care.

(c) A person may not be a member of the board or act as the

general counsel to the board if the person is required to

register as a lobbyist under Chapter 305, Government Code,

because of the person's activities for compensation on behalf of

a profession related to the board's operation.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 8, eff. September 1, 2007.

Sec. 301.054. TERMS. Members of the board serve staggered

six-year terms, with the terms of as near to one-third of the

members as possible expiring on January 31 of each odd-numbered

year.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.008, eff. Sept.

1, 2003.

Sec. 301.055. GROUNDS FOR REMOVAL. (a) It is a ground for

removal from the board that a member:

(1) does not have at the time of taking office the

qualifications required by Section 301.051(a);

(2) does not maintain during service on the board the

qualifications required by Section 301.051(a);

(3) is ineligible for membership under Section 301.053;

(4) cannot, because of illness or disability, discharge the

member's duties for a substantial part of the member's term; or

(5) is absent from more than half of the regularly scheduled

board meetings that the member is eligible to attend during a

calendar year unless the absence is excused by majority vote of

the board.

(b) The validity of an action of the board is not affected by

the fact that the action is taken when a ground for removal of a

board member exists.

(c) If the executive director has knowledge that a potential

ground for removal exists, the executive director shall notify

the presiding officer of the board of the potential ground. The

presiding officer shall then notify the governor and the attorney

general that a potential ground for removal exists. If the

potential ground for removal involves the presiding officer, the

executive director shall notify the next highest ranking officer

of the board, who shall then notify the governor and the attorney

general that a potential ground for removal exists.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 9, eff. September 1, 2007.

Sec. 301.056. PER DIEM; REIMBURSEMENT. (a) Each board member

is entitled to receive a per diem as set by the General

Appropriations Act for each day the member engages in the

business of the board.

(b) A board member is entitled to reimbursement for travel

expenses incurred while conducting board business, including

expenses for transportation, meals, and lodging, as provided by

the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 10, eff. September 1, 2007.

Sec. 301.057. OFFICERS. (a) The governor shall designate a

member of the board as presiding officer to serve in that

capacity at the pleasure of the governor.

(b) The board shall elect other officers from its members.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.058. MEETINGS. The presiding officer shall call a

special board meeting on the written request of at least two

board members.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.059. TRAINING. (a) A person who is appointed to and

qualifies for office as a member of the board may not vote,

deliberate, or be counted in attendance at a meeting of the board

until the person completes a training program that complies with

this section.

(b) The training program must provide the person with

information regarding:

(1) the legislation that created the board and the board's

programs, functions, rules, and budget;

(2) the results of the most recent formal audit of the board;

(3) the requirements of laws relating to open meetings, public

information, administrative procedure, and conflicts of interest;

and

(4) any applicable ethics policies adopted by the board or the

Texas Ethics Commission.

(c) A person appointed to the board is entitled to

reimbursement, as provided by the General Appropriations Act, for

the travel expenses incurred in attending the training program

regardless of whether the attendance at the program occurs before

or after the person qualifies for office.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(1),

eff. September 1, 2007.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 11, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 74(1), eff. September 1, 2007.

SUBCHAPTER C. EXECUTIVE DIRECTOR AND PERSONNEL

Sec. 301.101. EXECUTIVE DIRECTOR. (a) The board shall employ

an executive director. The executive director may not be a member

of the board.

(b) Under the direction of the board, the executive director

shall perform the duties required by this chapter or designated

by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.103. PUBLIC RECORDS; REGISTRY. (a) The executive

director shall keep:

(1) a record of each meeting of the board; and

(2) a registry of the name of each nurse registered under this

chapter.

(b) Information maintained under this section is open to public

inspection at all times.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.104. PERSONNEL; EMPLOYMENT PRACTICES. The board shall

employ persons as necessary to carry on the work of the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.105. DIVISION OF RESPONSIBILITIES. (a) The board

shall develop and implement policies that clearly define the

respective responsibilities of the board and the staff of the

board.

(b) The board shall determine the salaries and compensation to

be paid to employees and persons retained by the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.106. QUALIFICATIONS AND STANDARDS OF CONDUCT

INFORMATION. The board shall provide, as often as necessary, to

its members and employees information regarding their:

(1) qualifications for office or employment under this chapter;

and

(2) responsibilities under applicable laws relating to standards

of conduct for state officers or employees.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.107. CAREER LADDER PROGRAM; PERFORMANCE EVALUATIONS.

(a) The executive director or the executive director's designee

shall develop an intra-agency career ladder program. The program

must require intra-agency posting of all nonentry level positions

concurrently with any public posting.

(b) The executive director or the executive director's designee

shall develop a system of annual performance evaluations based on

measurable job tasks. All merit pay for board employees must be

based on the system established under this subsection.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.108. EQUAL EMPLOYMENT OPPORTUNITY POLICY; REPORT. (a)

The executive director or the executive director's designee shall

prepare and maintain a written policy statement to ensure

implementation of an equal employment opportunity program under

which all personnel transactions are made without regard to race,

color, disability, sex, religion, age, or national origin. The

policy statement must include:

(1) personnel policies, including policies relating to

recruitment, evaluation, selection, application, training, and

promotion of personnel that are in compliance with the

requirements of Chapter 21, Labor Code;

(2) a comprehensive analysis of the board workforce that meets

federal and state guidelines;

(3) procedures by which a determination can be made of

significant underuse in the board workforce of all persons for

whom federal or state guidelines encourage a more equitable

balance; and

(4) reasonable methods to appropriately address those areas of

underuse.

(b) A policy statement prepared under Subsection (a) must:

(1) cover an annual period;

(2) be updated annually;

(3) be reviewed by the Commission on Human Rights for compliance

with Subsection (a)(1); and

(4) be filed with the governor.

(c) The governor shall deliver a biennial report to the

legislature based on the information received under Subsection

(b). The report may be made separately or as part of other

biennial reports to the legislature.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

SUBCHAPTER D. GENERAL POWERS AND DUTIES OF BOARD

Sec. 301.151. GENERAL RULEMAKING AUTHORITY. The board may adopt

and enforce rules consistent with this chapter and necessary to:

(1) perform its duties and conduct proceedings before the board;

(2) regulate the practice of professional nursing and vocational

nursing;

(3) establish standards of professional conduct for license

holders under this chapter; and

(4) determine whether an act constitutes the practice of

professional nursing or vocational nursing.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.009, eff. Sept.

1, 2003.

Sec. 301.152. RULES REGARDING SPECIALIZED TRAINING. (a) In

this section, "advanced practice nurse" means a registered nurse

approved by the board to practice as an advanced practice nurse

on the basis of completion of an advanced educational program.

The term includes a nurse practitioner, nurse midwife, nurse

anesthetist, and clinical nurse specialist. The term is

synonymous with "advanced nurse practitioner."

(b) The board shall adopt rules to:

(1) establish:

(A) any specialized education or training, including

pharmacology, that a registered nurse must have to carry out a

prescription drug order under Section 157.052; and

(B) a system for assigning an identification number to a

registered nurse who provides the board with evidence of

completing the specialized education and training requirement

under Subdivision (1)(A);

(2) approve a registered nurse as an advanced practice nurse;

and

(3) initially approve and biennially renew an advanced practice

nurse's authority to carry out or sign a prescription drug order

under Chapter 157.

(c) At a minimum, the rules adopted under Subsection (b)(3)

must:

(1) require completion of pharmacology and related pathology

education for initial approval;

(2) require continuing education in clinical pharmacology and

related pathology in addition to any continuing education

otherwise required under Section 301.303; and

(3) provide for the issuance of a prescription authorization

number to an advanced practice nurse approved under this section.

(d) The signature of an advanced practice nurse attesting to the

provision of a legally authorized service by the advanced

practice nurse satisfies any documentation requirement for that

service established by a state agency.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 14.121(a), eff.

Sept. 1, 2001.

Sec. 301.153. RULES REGARDING ADVERTISING AND COMPETITIVE

BIDDING. (a) The board may not adopt rules restricting

advertising or competitive bidding by a person except to prohibit

false, misleading, or deceptive practices by the person.

(b) The board may not include in its rules to prohibit false,

misleading, or deceptive practices by a person regulated by the

board a rule that:

(1) restricts the person's use of any medium for advertising;

(2) restricts the person's personal appearance or use of the

person's voice in an advertisement;

(3) relates to the size or duration of an advertisement by the

person; or

(4) restricts the use of a trade name in advertising by the

person.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.154. RULES REGARDING DELEGATION OF CERTAIN MEDICAL

ACTS. (a) The board may recommend to the Texas State Board of

Medical Examiners the adoption of rules relating to the

delegation by physicians of medical acts to registered nurses and

vocational nurses licensed by the board. In making a

recommendation, the board may distinguish between nurses on the

basis of special training and education.

(b) A recommendation under Subsection (a) shall be treated in

the same manner as a petition for the adoption of a rule by an

interested party under Chapter 2001, Government Code.

(c) The board in recommending a rule and the Texas State Board

of Medical Examiners in acting on a recommended rule shall, to

the extent allowable under state and federal statutes, rules, and

regulations, act to enable the state to obtain its fair share of

the federal funds available for the delivery of health care in

this state.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.010, eff. Sept.

1, 2003.

Sec. 301.1545. RULES ON CONSEQUENCES OF CRIMINAL CONVICTION OR

DEFERRED ADJUDICATION. (a) The board shall adopt rules and

guidelines necessary to comply with Chapter 53, except to the

extent the requirements of this subtitle are stricter than the

requirements of that chapter.

(b) In its rules under this section, the board shall list the

offenses for which a conviction would constitute grounds for the

board to take action under Section 53.021 or for which placement

on deferred adjudication community supervision would constitute

grounds for the board to take action under this chapter.

Added by Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 12, eff. September 1, 2007.

Sec. 301.155. FEES. (a) The board by rule shall establish fees

in amounts reasonable and necessary to cover the costs of

administering this chapter. The board may not set a fee that

existed on September 1, 1993, in an amount less than the amount

of that fee on that date.

(b) The board may adopt a fee in an amount necessary for a

periodic newsletter to produce and disseminate to license holders

the information required under Section 301.158.

(c) The board shall assess a surcharge of not less than $3 or

more than $5 for a registered nurse and a surcharge of not less

than $2 or more than $3 for a vocational nurse to the fee

established by the board under Subsection (a) for a license

holder to renew a license under this chapter. The board may use

nine cents of the registered nurse surcharge and six cents of the

vocational nurse surcharge to cover the administrative costs of

collecting and depositing the surcharge. The board quarterly

shall transmit the remainder of each surcharge to the Department

of State Health Services to be used only to implement the nursing

resource section under Section 105.002, Health and Safety Code.

The board is not required to collect the surcharge if the board

determines the funds collected are not appropriated for the

purpose of funding the nursing resource section.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 728, Sec. 12, eff. June 20,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

113, Sec. 4, eff. May 20, 2005.

Acts 2009, 81st Leg., R.S., Ch.

999, Sec. 1, eff. June 19, 2009.

Sec. 301.156. GIFTS AND GRANTS. The board may receive gifts,

grants, or other funds or assets.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

For expiration of Subsections (d-8), (d-9), (d-10), and (d-11),

see Subsection (d-11).

Sec. 301.157. PROGRAMS OF STUDY AND APPROVAL. (a) The board

shall prescribe three programs of study to prepare a person to

receive an initial license as a registered nurse under this

chapter as follows:

(1) a baccalaureate degree program that is conducted by an

educational unit in nursing that is a part of a senior college or

university and that leads to a baccalaureate degree in nursing;

(2) an associate degree program that is conducted by an

educational unit in nursing within the structure of a college or

a university and that leads to an associate degree in nursing;

and

(3) a diploma program that is conducted by a single-purpose

school, usually under the control of a hospital, and that leads

to a diploma in nursing.

(a-1) A diploma program of study in this state that leads to an

initial license as a registered nurse under this chapter and that

is completed on or after December 31, 2014, must entitle a

student to receive a degree on the student's successful

completion of a degree program of a public or private institution

of higher education accredited by an agency recognized by the

Texas Higher Education Coordinating Board.

(b) The board shall:

(1) prescribe two programs of study to prepare a person to

receive an initial vocational nurse license under this chapter as

follows:

(A) a program conducted by an educational unit in nursing within

the structure of a school, including a college, university, or

proprietary school; and

(B) a program conducted by a hospital;

(2) prescribe and publish the minimum requirements and standards

for a course of study in each program that prepares registered

nurses or vocational nurses;

(3) prescribe other rules as necessary to conduct approved

schools of nursing and educational programs for the preparation

of registered nurses or vocational nurses;

(4) approve schools of nursing and educational programs that

meet the board's requirements;

(5) select one or more national nursing accrediting agencies,

recognized by the United States Department of Education and

determined by the board to have acceptable standards, to accredit

schools of nursing and educational programs; and

(6) deny or withdraw approval from a school of nursing or

educational program that:

(A) fails to meet the prescribed course of study or other

standard under which it sought approval by the board;

(B) fails to meet or maintain accreditation with the national

nursing accrediting agency selected by the board under

Subdivision (5) under which it was approved or sought approval by

the board; or

(C) fails to maintain the approval of the state board of nursing

of another state and the board under which it was approved.

(b-1) The board may not require accreditation of the governing

institution of a school of nursing. The board shall accept the

requirements established by the Texas Higher Education

Coordinating Board for accrediting the governing institution of a

school of nursing. The governing institution of a professional

nursing school, not including a diploma program, must be

accredited by an agency recognized by the Texas Higher Education

Coordinating Board or hold a certificate of authority from the

Texas Higher Education Coordinating Board under provisions

leading to accreditation of the institution in due course.

(c) A program approved to prepare registered nurses may not be

less than two academic years or more than four calendar years.

(d) A person may not be certified as a graduate of any school of

nursing or educational program unless the person has completed

the requirements of the prescribed course of study, including

clinical practice, of a school of nursing or educational program

that:

(1) is approved by the board;

(2) is accredited by a national nursing accreditation agency

determined by the board to have acceptable standards; or

(3) is approved by a state board of nursing of another state and

the board, subject to Subsection (d-4).

(d-1) A school of nursing or educational program is considered

approved by the board and, except as provided by Subsection

(d-7), is exempt from board rules that require ongoing approval

if the school or program:

(1) is accredited and maintains accreditation through a national

nursing accrediting agency selected by the board under Subsection

(b)(5); and

(2) maintains an acceptable pass rate as determined by the board

on the applicable licensing examination under this chapter.

(d-2) A school of nursing or educational program that fails to

meet or maintain an acceptable pass rate on applicable licensing

examinations under this chapter is subject to review by the

board. The board may assist the school or program in its effort

to achieve compliance with the board's standards.

(d-3) A school or program from which approval has been withdrawn

under this section may reapply for approval.

(d-4) The board may recognize and accept as approved under this

section a school of nursing or educational program operated in

another state and approved by a state board of nursing or other

regulatory body of that state. The board shall develop policies

to ensure that the other state's standards are substantially

equivalent to the board's standards.

(d-5) The board shall streamline the process for initially

approving a school of nursing or educational program under this

section by identifying and eliminating tasks performed by the

board that duplicate or overlap tasks performed by the Texas

Higher Education Coordinating Board or the Texas Workforce

Commission.

(d-6) The board, in cooperation with the Texas Higher Education

Coordinating Board and the Texas Workforce Commission, shall

establish guidelines for the initial approval of schools of

nursing or educational programs. The guidelines must:

(1) identify the approval processes to be conducted by the Texas

Higher Education Coordinating Board or the Texas Workforce

Commission;

(2) require the approval process identified under Subdivision

(1) to precede the approval process conducted by the board; and

(3) be made available on the board's Internet website and in a

written form.

(d-7) A school of nursing or educational program approved under

Subsection (d-1) shall:

(1) provide the board with copies of any reports submitted to or

received from the national nursing accrediting agency selected by

the board;

(2) notify the board of any change in accreditation status; and

(3) provide other information required by the board as necessary

to evaluate and establish nursing education and workforce policy

in this state.

(d-8) For purposes of Subsection (d-4), a nursing program is

considered to meet standards substantially equivalent to the

board's standards if the program:

(1) is part of an institution of higher education located

outside this state that is approved by the appropriate regulatory

authorities of that state;

(2) holds regional accreditation by an accrediting body

recognized by the United States secretary of education and the

Council for Higher Education Accreditation;

(3) holds specialty accreditation by an accrediting body

recognized by the United States secretary of education and the

Council for Higher Education Accreditation, including the

National League for Nursing Accrediting Commission;

(4) requires program applicants to be a licensed practical or

vocational nurse, a military service corpsman, or a paramedic, or

to hold a college degree in a clinically oriented health care

field with demonstrated experience providing direct patient care;

and

(5) graduates students who:

(A) achieve faculty-determined program outcomes, including

passing criterion-referenced examinations of nursing knowledge

essential to beginning a registered nursing practice and

transitioning to the role of registered nurse;

(B) pass a criterion-referenced summative performance

examination developed by faculty subject matter experts that

measures clinical competencies essential to beginning a

registered nursing practice and that meets nationally recognized

standards for educational testing, including the educational

testing standards of the American Educational Research

Association, the American Psychological Association, and the

National Council on Measurement in Education; and

(C) pass the National Council Licensure Examination for

Registered Nurses at a rate equivalent to the passage rate for

students of approved in-state programs.

(d-9) A graduate of a clinical competency assessment program

operated in another state and approved by a state board of

nursing or other regulatory body of another state is eligible to

apply for an initial license under this chapter if:

(1) the board allowed graduates of the program to apply for an

initial license under this chapter continuously during the

10-year period preceding January 1, 2007;

(2) the program does not make any substantial changes in the

length or content of its clinical competency assessment without

the board's approval;

(3) the program remains in good standing with the state board of

nursing or other regulatory body in the other state; and

(4) the program participates in the research study under Section

105.008, Health and Safety Code.

(d-10) In this section, the terms "clinical competency

assessment program" and "supervised clinical learning experiences

program" have the meanings assigned by Section 105.008, Health

and Safety Code.

(d-11) Subsections (d-8), (d-9), (d-10), and (d-11) expire

December 31, 2017. As part of the first review conducted under

Section 301.003 after September 1, 2009, the Sunset Advisory

Commission shall:

(1) recommend whether Subsections (d-8) and (d-9) should be

extended; and

(2) recommend any changes to Subsections (d-8) and (d-9)

relating to the eligibility for a license of graduates of a

clinical competency assessment program operated in another state.

(e) The board shall give each person, including an organization,

affected by an order or decision of the board under this section

reasonable notice of not less than 20 days and an opportunity to

appear and be heard regarding the order or decision. The board

shall hear each protest or complaint from a person affected by a

rule or decision regarding:

(1) the inadequacy or unreasonableness of any rule or order the

board adopts; or

(2) the injustice of any order or decision of the board.

(f) Not later than the 30th day after the date an order is

entered and approved by the board, a person is entitled to bring

an action against the board in a district court of Travis County

to have the rule or order vacated or modified, if that person:

(1) is affected by the order or decision;

(2) is dissatisfied with any rule or order of the board; and

(3) sets forth in a petition the principal grounds of objection

to the rule or order.

(g) An appeal under this section shall be tried de novo as if it

were an appeal from a justice court to a county court.

(h) The board, in collaboration with the nursing educators, the

Texas Higher Education Coordinating Board, and the Texas Health

Care Policy Council, shall implement, monitor, and evaluate a

plan for the creation of innovative nursing education models that

promote increased enrollment in this state's nursing programs.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.011, 1.012, eff.

Sept. 1, 2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 13, eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

999, Sec. 2, eff. June 19, 2009.

Sec. 301.158. DISSEMINATION OF INFORMATION. The board shall

disseminate, at least twice a year and at other times the board

determines necessary, information that is of significant interest

to nurses and employers of nurses in this state, including

summaries of final disciplinary action taken against nurses by

the board since its last dissemination of information.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by Acts 2003, 78th Leg., ch. 553, Sec. 1.013, eff. Sept.

1, 2003.

Sec. 301.1581. INFORMATION PROVIDED TO LICENSE HOLDERS. At

least once each biennium, the board shall provide to license

holders information on:

(1) prescribing and dispensing pain medications, with particular

emphasis on Schedule II and Schedule III controlled substances;

(2) abusive and addictive behavior of certain persons who use

prescription pain medications;

(3) common diversion strategies employed by certain persons who

use prescription pain medications, including fraudulent

prescription patterns; and

(4) the appropriate use of pain medications and the differences

between addiction, pseudo-addiction, tolerance, and physical

dependence.

Added by Acts 2003, 78th Leg., ch. 1163, Sec. 4, eff. Sept. 1,

2003.

Sec. 301.1582. POISON CONTROL CENTER INFORMATION. The board

shall provide to license holders information regarding the

services provided by poison control centers.

Added by Acts 2003, 78th Leg., ch. 1163, Sec. 4, eff. Sept. 1,

2003.

Sec. 301.159. BOARD DUTIES REGARDING COMPLAINTS. (a) The board

by rule shall:

(1) adopt a form to standardize information concerning

complaints made to the board; and

(2) prescribe information to be provided to a person when the

person files a complaint with the board.

(b) The board shall provide reasonable assistance to a person

who wishes to file a complaint with the board.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.1595. ADVISORY COMMITTEES. (a) The board may appoint

advisory committees to perform the advisory functions assigned by

the board.

(b) An advisory committee shall provide independent expertise on

board functions and policies, but may not be involved in setting

board policy.

(c) The board shall adopt rules regarding the purpose,

structure, and use of advisory committees, including rules on:

(1) the purpose, role, responsibility, and goal of an advisory

committee;

(2) the size and quorum requirements for an advisory committee;

(3) the composition and representation of an advisory committee;

(4) the qualifications of advisory committee members, such as

experience or area of residence;

(5) the appointment procedures for advisory committees;

(6) the terms of service for advisory committee members;

(7) the training requirements for advisory committee members, if

necessary;

(8) the method the board will use to receive public input on

issues addressed by an advisory committee; and

(9) the development of board policies and procedures to ensure

advisory committees meet the requirements for open meetings under

Chapter 551, Government Code, including notification

requirements.

(d) A board member may not serve as a member of an advisory

committee, but may serve as a liaison between an advisory

committee and the board. A board member liaison that attends

advisory committee meetings may attend only as an observer and

not as a participant. A board member liaison is not required to

attend advisory committee meetings. The role of a board member

liaison is limited to clarifying the board's charge and intent to

the advisory committee.

(e) To the extent of any conflict with Chapter 2110, Government

Code, this section and board rules adopted under this section

control.

Added by Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 14, eff. September 1, 2007.

Sec. 301.160. PILOT PROGRAMS. (a) In this section:

(1) "Proactive nursing peer review" means peer review that is

not initiated to determine culpability with respect to a

particular incident.

(2) "Targeted continuing nursing education" means continuing

education focusing on a skill that would likely benefit a

significant proportion of nurses in a particular practice area.

(b) The board may develop pilot programs to evaluate the

effectiveness of mechanisms, including proactive nursing peer

review and targeted continuing nursing education, for maintenance

of the clinical competency of a nurse in the nurse's area of

practice and the understanding by nurses of the laws, including

regulations, governing the practice of nursing.

(c) A pilot program under Subsection (b) must be designed to

test the effectiveness of a variety of mechanisms in a variety of

practice settings.

(d) The board may approve a pilot program under Subsection (b)

that is to be conducted by a person other than the board.

(e) The board may spend funds to develop or fund a pilot program

and may contract with, make grants to, or make other arrangements

with an agency, professional association, institution,

individual, or other person to implement this section.

(f) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(2),

eff. September 1, 2007.

(g) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(2),

eff. September 1, 2007.

(h) Repealed by Acts 2007, 80th Leg., R.S., Ch. 889, Sec. 74(2),

eff. September 1, 2007.

(i) Except as provided by this subsection, in developing or

approving a pilot program under this section the board may exempt

the program from rules adopted under this chapter. Subchapter I

and Chapter 303 apply to pilot programs, except that Sections

303.002(e), 303.003, and 303.008(b) do not apply to a pilot

program using proactive peer review. The board may establish

alternative criteria for nursing peer review committees

conducting proactive peer review.

(j) The board shall issue an annual report regarding any pilot

programs developed or approved and a status report on those

programs, including preliminary or final findings concerning

their effectiveness. The board shall mail the report to

statewide associations of nurses and educators and employers of

nurses that request a copy.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 74(2), eff. September 1, 2007.

Acts 2009, 81st Leg., R.S., Ch.

999, Sec. 3, eff. June 19, 2009.

Acts 2009, 81st Leg., R.S., Ch.

999, Sec. 4, eff. June 19, 2009.

Sec. 301.1605. PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS. (a)

The board may approve and adopt rules regarding pilot programs

for innovative applications in the practice and regulation of

nursing.

(b) The board shall specify the procedures to be followed in

applying for approval of a pilot program. The board may condition

approval of a program on compliance with this section and rules

adopted under this section.

(c) In approving a pilot program, the board may grant the

program an exception to the mandatory reporting requirements of

Sections 301.401-301.409 or to a rule adopted under this chapter

or Chapter 303 that relates to the practice of nursing, including

education and reporting requirements for nurses. The board may

not grant an exception to:

(1) the education requirements of this chapter unless the

program includes alternate but substantially equivalent

requirements; or

(2) the mandatory reporting requirements unless the program:

(A) is designed to evaluate the efficiency of alternative

reporting methods; and

(B) provides consumers adequate protection from nurses whose

continued practice is a threat to public safety.

Added by Acts 2003, 78th Leg., ch. 876, Sec. 1, eff. June 20,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

999, Sec. 5, eff. June 19, 2009.

Sec. 301.1606. PILOT PROGRAMS ON NURSE REPORTING SYSTEMS. (a)

The board may solicit proposals for pilot programs designed to

evaluate the efficacy and effect on protection of the public of

reporting systems designed to encourage identification of system

errors.

(b) The board may grant a pilot program approved under this

section an exception to the mandatory reporting requirements of

Sections 301.401-301.409 or to a rule adopted under this chapter

or Chapter 303 that relates to the practice of nursing, including

education and reporting requirements for nurses. If the board

grants an exception, the board may require that the program:

(1) provide for the remediation of the deficiencies of a nurse

who has knowledge or skill deficiencies that unless corrected may

result in an unreasonable risk to public safety;

(2) provide for supervision of the nurse during remediation of

deficiencies under Subdivision (1);

(3) require reporting to the board of a nurse:

(A) who fails to satisfactorily complete remediation, or who

does not make satisfactory progress in remediation, under

Subdivision (1);

(B) whose incompetence in the practice of nursing would pose a

continued risk of harm to the public; or

(C) whose error contributed to a patient death or serious

patient injury; or

(4) provide for a nursing peer review committee to review

whether a nurse is appropriate for remediation under Subdivision

(1).

(c) The board may require that the entity conducting a pilot

program under this section reimburse the board for the cost of

monitoring and evaluating the pilot program.

(d) The board may contract with a third party to perform the

monitoring and evaluation.

(e) The board may limit the number of pilot programs that it

approves under this section.

Added by Acts 2003, 78th Leg., ch. 876, Sec. 1, eff. June 20,

2003.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

999, Sec. 6, eff. June 19, 2009.

For expiration of this section, see Subsection (i).

Sec. 301.1607. PILOT PROGRAM ON DEFERRAL OF FINAL DISCIPLINARY

ACTION. (a) In this section, "deferred disciplinary action"

means a final disciplinary action against a person licensed or

regulated under this chapter that is deferred by the board as

provided by this section.

(b) Not later than February 1, 2010, the board shall determine

the feasibility of conducting a pilot program designed to

evaluate the efficacy and effect on the public's protection of

board deferral of disciplinary action against a person licensed

or regulated under this chapter in cases in which the board

proposes to impose a sanction other than a reprimand or a denial,

suspension, or revocation of a license. If the board determines

the pilot program is feasible, the board shall develop and

implement the pilot program not later than February 1, 2011. The

pilot program must conclude not later than January 1, 2014.

(c) The pilot program may not include cases in which the board

proposes to issue a reprimand or to deny, suspend, or revoke a

license.

(d) During the time the pilot program is implemented and for any

action or complaint for which the board proposes to impose a

sanction other than a reprimand or a denial, suspension, or

revocation of a license, the board may:

(1) defer final disciplinary action the board has proposed

against a person licensed or regulated under this chapter if the

person conforms to conditions imposed by the board, including any

condition the board could impose as a condition of probation

under Section 301.468; and

(2) if the person successfully meets the imposed conditions,

dismiss the complaint.

(e) Except as otherwise provided by this subsection, a deferred

disciplinary action by the board under the pilot program is not

confidential and is subject to disclosure in accordance with

Chapter 552, Government Code. If the person successfully meets

the conditions imposed by the board in deferring final

disciplinary action and the board dismisses the action or

complaint, the deferred disciplinary action of the board is

confidential to the same extent as a complaint filed under

Section 301.466.

(f) The board may treat a deferred disciplinary action taken

against a nurse under this section as a prior disciplinary action

against the nurse when considering the imposition of a sanction

for a subsequent violation of this chapter or a rule or order

adopted under this chapter.

(g) The board may contract with a third party to evaluate the

pilot program established under this section.

(h) The board shall appoint an advisory committee to assist the

board in overseeing the pilot program and its evaluation. The

committee must include representatives of public advocacy

organizations.

(i) This section expires September 1, 2014.

Added by Acts 2009, 81st Leg., R.S., Ch.

144, Sec. 1, eff. September 1, 2009.

Sec. 301.161. ENFORCEMENT. (a) The board shall aid in the

enforcement of this chapter.

(b) The board may:

(1) issue a subpoena;

(2) compel the attendance of a witness;

(3) administer an oath to a person giving testimony at hearings;

and

(4) cause the prosecution of each person violating this chapter.

(c) The attorney general shall provide legal assistance

necessary to enforce this chapter. This subsection does not

relieve a local prosecuting officer of any duty under the law.

(d) The board may establish a criminal investigations unit to

investigate suspected criminal acts relating to the practice of

nursing as authorized by this chapter.

(e) The board may assist federal, state, or local law

enforcement agencies in the investigation and prosecution of

crimes related to the practice of nursing.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2005, 79th Leg., Ch.

1058, Sec. 1, eff. September 1, 2005.

Sec. 301.1615. OBTAINING CRIMINAL HISTORY RECORD INFORMATION;

HEARING. (a) In addition to the information to which the board

is entitled under Section 411.125, Government Code, the board may

request and receive criminal history record information from the

Federal Bureau of Investigation as provided by Section 411.087,

Government Code.

(b) Criminal history record information received by the board

may be used only by the board and is privileged. The information

may not be disclosed to any person other than:

(1) as required under a court order; or

(2) to a nursing board that is a member of the nurse licensure

compact under Chapter 304.

(c) If, on the basis of criminal history record information

obtained by the board, the board proposes to deny an application

for a license, refuse to renew a license, or suspend or revoke a

license or temporary permit, the applicant or license holder is

entitled to a hearing under Section 301.454.

Added by Acts 2003, 78th Leg., ch. 1102, Sec. 1, eff. Sept. 1,

2003.

Sec. 301.162. LEGAL COUNSEL. The board may retain legal counsel

to represent the board if first:

(1) the board requests the attorney general to represent the

board; and

(2) the attorney general certifies to the board that the

attorney general cannot provide those services.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.163. RECORD OF PROCEEDINGS; REPORT. The board shall

keep a record of its proceedings under this chapter and make an

annual report to the governor.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.164. ASSISTANCE OF PROSECUTOR. A board member may

present to a prosecuting officer a complaint relating to a

violation of this chapter. The board, through its members,

officers, counsel, or agents, shall assist in the trial of a case

involving an alleged violation of this chapter, subject to the

control of the prosecuting officers.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.165. ANNUAL REPORT. (a) The board shall file annually

with the governor and the presiding officer of each house of the

legislature a complete and detailed written report accounting for

all funds received and disbursed by the board during the

preceding fiscal year.

(b) The report must be in the form and reported in the time

provided by the General Appropriations Act.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.166. USE OF TECHNOLOGY. The board shall implement a

policy requiring the board to use appropriate technological

solutions to improve the board's ability to perform its

functions. The policy must ensure that the public is able to

interact with the board on the Internet.

Added by Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 15, eff. September 1, 2007.

Sec. 301.167. NEGOTIATED RULEMAKING; ALTERNATIVE DISPUTE

RESOLUTION. (a) The board shall develop and implement a policy

to encourage the use of:

(1) negotiated rulemaking procedures under Chapter 2008,

Government Code, for the adoption of board rules; and

(2) appropriate alternative dispute resolution procedures under

Chapter 2009, Government Code, to assist in the resolution of

internal and external disputes under the board's jurisdiction.

(b) The board's procedures relating to alternative dispute

resolution must conform, to the extent possible, to any model

guidelines issued by the State Office of Administrative Hearings

for the use of alternative dispute resolution by state agencies.

(c) The board shall designate a trained person to:

(1) coordinate the implementation of the policy adopted under

Subsection (a);

(2) serve as a resource for any training needed to implement the

procedures for negotiated rulemaking or alternative dispute

resolution; and

(3) collect data concerning the effectiveness of those

procedures, as implemented by the board.

Added by Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 15, eff. September 1, 2007.

SUBCHAPTER E. PUBLIC INTEREST INFORMATION AND COMPLAINT

PROCEDURES

Sec. 301.201. PUBLIC INTEREST INFORMATION. (a) The board shall

prepare information of public interest describing the functions

of the board and the procedures by which complaints are filed

with and resolved by the board.

(b) The board shall make the information available to the public

and appropriate state agencies.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Sec. 301.202. COMPLAINTS. (a) The board by rule shall

establish methods by which consumers and service recipients are

notified of the name, mailing address, and telephone number of

the board for the purpose of directing complaints to the board.

The board may provide for that notice:

(1) on each registration form, application, or written contract

for services of a person regulated by the board;

(2) on a sign prominently displayed in the place of business of

each person regulated by the board; or

(3) in a bill for service provided by a person regulated by the

board.

(b) Repealed by Acts 2009, 81st Leg., R.S., Ch. 999, Sec. 17,

eff. June 19, 2009.

(c) The board shall list with its regular telephone number any

toll-free telephone number established under other state law that

may be called to present a complaint about a health professional.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

999, Sec. 17, eff. June 19, 2009.

Sec. 301.203. RECORDS AND ANALYSIS OF COMPLAINTS. (a) The

board shall maintain a system to promptly and efficiently act on

complaints filed with the board. The board shall maintain

information about:

(1) parties to the complaint;

(2) the subject matter of the complaint;

(3) a summary of the results of the review or investigation of

the complaint; and

(4) the complaint's disposition.

(b) The board shall make information available describing its

procedures for complaint investigation and resolution.

(c) The board shall periodically notify the parties to the

complaint of the status of the complaint until final disposition

unless notice would jeopardize an undercover investigation.

(d) The board shall develop a method for analyzing the sources

and types of complaints and violations and establish categories

for the complaints and violations. The board shall use the

analysis to focus its information and education efforts on

specific problem areas identified through the analysis.

(e) The board shall analyze complaints filed with the board to

identify any trends or issues related to certain violations,

including:

(1) the reason for each complaint;

(2) how each complaint was resolved; and

(3) the subject matter of each complaint that was not within the

jurisdiction of the board and how the board responded to the

complaint.

Acts 1999, 76th Leg., ch. 388, Sec. 1, eff. Sept. 1, 1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

889, Sec. 16, eff. September 1, 2007.

Sec. 301.204. GENERAL RULES, POLICIES, AND PROCEDURES REGARDING

COMPLAINT INVESTIGATION AND DISPOSITION. (a) The board shall

adopt rules, policies, and procedures concerning the

investigation of a complaint filed with the board. The rules,

policies, or procedures adopted under this subsection must:

(1) distinguish between categories of complaints;

(2) ensure that complaints are not dismissed without appropriate

consideration;

(3) require that the board be advised of a complaint that is

dismissed and that a letter be sent to the person who filed the

complaint explaining the action taken on the dismissed complaint;

(4) ensure that the person who filed the complaint has an

opportunity to explain the allegations made in the complaint;

(5) prescribe guidelines concerning the categories of complaints

that require the use of a private investigator and the procedures

for the board to obtain the services of a private investigator;

and

(6) by rule allow appropriate employees of the board to dismiss

a complaint if an investigation demonstrates that:

(A) a violation did not occur; or

(B) the subject of the complaint is outside the board's

jurisdiction.

(b) The board shall:

(1) dispose of all complaints in a timely manner; and

(2) establish a schedule for conducting each phase of a

complaint that is under the control of the board not later than

the 30th day after the date the board receives the complaint.

(c) The board shall notify the parties of the projected time

requirements for pursuing the complaint.

(d) The board shall notify the parties to the complaint of any

change in the schedule not later than the se