k:directorspatriciaboard mtgminutesjuly2012 · richard r. gibbs, vice-president ... deborah bell...

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TEXAS BOARD OF NURSING

Regular Meeting

Thursday, July 19, 20128:32 a.m. - 5:09 p.m.William Hobby Building333 Guadalupe, Tower II, Room 225Austin, Texas 78704

Present:Kristin K. Benton, PresidentRichard R. Gibbs, Vice-PresidentDeborah BellPatti ClappTamara CowenMarilyn DavisKathy Leader-HornMary LeBeckSheri CrosbyBeverley NutallVerna Kathleen Shipp

Absent:Josefina LujanMary Jane Salgado

Staff Present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsJames “Dusty” Johnston, General CounselJena Abel, Assistant General CounselNikki Hopkins, Assistant General CounselJohn Vanderford, Law ClerkLaura Lewis, Administrative AssistantMary Beth Thomas, Director of NursingJan Hooper, Nursing ConsultantJolene Zych, Nursing ConsultantDenise Benbow, Nursing ConsultantMelinda Hester, Nursing ConsultantLinda Laws, Nursing ConsultantBonnie Cone, Nursing ConsultantRobin Caldwell, Nursing Consultant Virginia Ayars, Nursing ConsultantRamona Gaston-McNutt, Nursing ConsultantBruce Holter, Information SpecialistTawnya Smith, Information Technology SpecialistBill Ray, Information Technology SpecialistAmanda Crider, Information Technology Specialist

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AGENDA ITEM DISCUSSION ACTION

CALL TO ORDER Kristin Benton called the meeting to order at8:32 a.m, Thursday, July 19, 2012.

ROLL CALL A quorum was established with elevenmembers in attendance, Board MembersJosefina Lujan and Mary Jane Salgado wereabsent.

INTRODUCTIONS Board members and staff introducedthemselves to the audience.

ACCEPTANCE OFAGENDA

The Board reviewed the agenda. The following changes were made to theagenda:

Agenda Item 7.3. Consideration of ProposedAmendments to 22 Tex. Admin. Code §213.2,pertaining to Construction, §213.22,Pertaining to Formal Proceedings, §213.29,Pertaining to Criteria and ProcedureRegarding Intemperate Use and Lack ofFitness in Eligibility and Disciplinary Matters,§213.30, Pertaining to Declaratory Order ofEligibility for Licensure, and §213.33,Pertaining to Factors Considered forImposition of Penalties/Sanctions wasRemoved from the Agenda;

Agenda Item 8.1. Agreed Order:Dressler, Tracy A., Rn# 615390 was removedfrom the agenda;

Agenda Item 8.6.1.:8.6.1. Docket No. 507-12-3283, In the Matterof Permanent Certificate LVN#196679,Issued to JENNY LYNN FRANKS8.6.1.a. Consideration of the AdministrativeLaw Judge’s Order No. 1, AnnouncingDefault, and Order No. 2, Dismissing CaseFrom Docket8.6.1.b. Considerat ion of Staff ’sRecommendation to Revoke PermanentCertificate LVN#196679 by Default, inConjunction with Order No. 1 and 2, DocketNo. 507-12-32838.6.1.c. Consideration of Recommendation byJENNY LYNN FRANKS, Docket No. 507-12-32838.6.1.d. Executive Session pursuant to551.071(1), Texas Government Code, todiscuss pending or contemplated litigation: Inthe Matter of Permanent CertificateLVN#196679, Issued to JENNY LYNNFRANKS

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8.6.1.e. Convene in Open Session toconsider recommendations and take action: In the Matter of Permanent CertificateLVN#196679, Issued to JENNY LYNNFRANKS was removed from the agenda.

The Agenda was then approved.

ACCEPTANCE OF MINUTES

The Board reviewed the minutes from theApril 19-20, 2012 Board Meeting.

Sheri Crosby recused herself from theconsideration and vote on the minutes.The Board approved the minutes from theApril 19-20, 2012 Board Meeting.

CONSENTAGENDA ITEMS

The Consent agenda was reviewed, with thefollowing removals and recusals:

Agenda Item 2.3. Report on the 2012 Tour ofTexas was pulled from the Consent Agenda.

Agenda Item 8.1. Agreed OrdersDeborah Bell recused herself from theconsideration and vote on Agreed Orders of:Ronald Belmonte Cabreros, RN# 755433Gary L. Messick, RN #252897Mickie Michelle Patrick, LVN #179788

The Consent Agenda was approved.

1.2.1. Update ofPending Litigation:Executive Sessionpursuant to§551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation in theMatters of: Amy BagleyKrenek RN, vs.Texas Board ofNursing, CauseNo. D-1-GN-09-001195, In the 419th

Judicial District,Travis County,Texas; Texas Board ofNursing vs. GregAbbott, AttorneyGeneral of Texas,Cause No. D-1-GN-09-003960, In the

Approved on Consent.

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353rd JudicialDistrict, TravisCounty, Texas; Ex Parte BrianZalesky, CauseNo. D-1-EX-09-000516, 427thJudicial DistrictCourt, TravisCounty, Texas;BonafacioEspinoza vs.Texas Board ofNursing, CauseNo. 219-05095-2009, In the 219th

Judicial District,Collin County,Texas;BernardinoPedraza, Jr. vs.Texas State Boardof Nursing, CauseNo. C-2541-10-B;In the 93rd JudicialDistrict, HidalgoCounty; Texas;Rodolfo Paez, Jr.vs. Texas Board ofNursing, CauseNo. D-1-GN-12-000493, In the126th JudicialDistrict, TravisCounty; Texas;Desiree A. Shaw(Richardson) vs.Texas Board ofNursing, CauseNo. D-1-GN-12-000959, In the200th JudicialDistrict, TravisCounty, Texas; Paula Jo Davis vs.Texas Board ofNursing, CauseNo. 12-05-05516-CV, In the 9thJudicial District,MontgomeryCounty, Texas; and Sylvia Petersonvs. the Board ofNurses, Cause No.D-1-GN-12-001541,

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In the 345th JudicialDistrict, TravisCounty, Texas.

1.3. Report on FinalStrategic Plan forFiscal Years 2013-2017


2.1. FinancialStatement - 3RD

Quarter, FiscalYear 2012


2.2. ContinuingEducation Pre-Renewal AuditReport - 3RD

Quarter, FiscalYear 2012


3.2.1. Status Reporton Inquiries,Proposals, andApproval Status ofNew NursingEducationalPrograms


3.2.2. Status Reporton Programs withSanctions


3.2.3. Report ofSurvey Visit -Grayson CountyCollege in VanAlstyne, Texas


4.1. CriminalBackground CheckUpdate


4.2. Report onEnforcement’sInitiative to AddressComplaint Backlog


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5.1.1. Eligibility andDisciplinaryCommittee


5.1.2. QuarterlyStatistical Report -3RD Quarter, FiscalYear 2012


6.1. NurseLicensure CompactUpdate


6.2. Adoption ofRule Reviews for22 Tex. Admin.Code Chapters213, 216, and 221


6.3. Adoption ofAmendments to 22Tex. Admin. Code§216.3, Pertainingto Requirements,and §213.33(c),Pertaining toFactors Consideredfor Imposition ofPenalties/Sanctions


6.4. InformationalReport RegardingStaff Time andProposals forDecision


7.1.1. TPAPNQuarterly Report


7.1.4. TPAPNQuarterly Report


8.1. AgreedOrders

The board considered the Agreed Orderslisted on Consent:

The board voted to ratify the Agreed Orderson Consent.

Barber, Natalie L., LVN# 210523

Boggs, Deborah Dommert, RN# 762899

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Bolen, Briana, LVN# 154745

Bourgeois, Melissa, RN# 663031

Butler, Elanda, RN# 776946

Butuyan, Brian Navarro, RN# 637842

Cabreros, Ronald Belmonte, RN# 755433 Board Member Deborah Bell recusedherself prior to the consideration and voteon this Agreed Order.

Cao, Xiaohong, RN# 767585

Cashaw, Rhonda Darnell, LVN# 109832

Cates, Ashley Adrienne, RN# 738266

Childers, Rachael Diane, RN# 588681

Chueca, April Amanda Maria, RN# 776515

Cole, David Delee, RN# 450852

Connally, Guadalupe Ann, LVN# 153039

Cratty, Teresa Lynn, RN# 752462

Crow, Julie, LVN# 191749

Cuellar, Rebecca, RN# 715384 / LVN#177092

Dokter, Deborah Elizabeth, RN# 684140 /LVN# 143937

Edwards, Icilda Grace, LVN# 213230

Eneji, Basil Idowu, LVN# 221993

Ezzell, Tammy Jean, RN# 654571

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Farrer, Angela Jenice, RN# 712048

Fenimore, Nancy L., RN# 241056

Gallon, Sonya Yvette, RN# 696445 / LVN#186231

George, Belinda Renee, LVN# 158891

Getman, Kimberly Matocha, RN# 775057

Gibson, Antoinette Lynne, RN# 684633 /LVN# 166271

Hardy, Judy Ann, RN# 606421

Harp, Charlotte Ann, RN# 754921 / LVN#211766

Harris, Susan A. (Vest), RN# 534982 / LVN#103636

Haywood, Rolanda Lanisha, RN# 799805 /LVN# 171554

Hutto, Tonya Renee, LVN# 194855

Jaresh, Ashley Summers, LVN# 217957

Jarrett, Damoh M., LVN# 205844

Johnson, Sherry L., LVN# 223022

Jokel, Oneta Kay, RN# 606550

Land, Sally Elizabeth, RN# 608436

Landau, Wayne Harris, RN# 673303

Landin, Ysabel, RN# 616990 / LVN# 131163

Martinez, Mark Anthony, LVN# 134002

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McKelvey, Martha Louise, RN# 228953

Messick, Gary L., RN# 252897 Board Member Deborah Bell recusedherself prior to the consideration and voteon this Agreed Order.

Moore, Christie Brook, RN# 702828

Olmeda, Maria Guadalupe, RN# 601739

Patrick, Mickie Michelle ,LVN# 179788 Board Member Deborah Bell recusedherself prior to the consideration and voteon this Agreed Order.

Pereira, James Bernard, RN# 749200 /LVN# 202043

Pittman, Brittani Micole, LVN# 218631

Polston, Hilary Paige, RN# 760962

Ravichandran, Grace N., RN# 591295

Robinson, Marsha E. Ramsay, RN# 433498

Smith, Thomas Dunleavy, RN# 742341

Thomas, Jennifer Mary, RN# 568652 / LVN#98216

Tijerina, Roxan D., LVN# 177118

Turner, Shauna Joy, LVN# 159940

Vella, Janet Schaefer, RN# 568501

Villarreal, Deanna, LVN# 205758

Vincent, David B., RN# 628957

Wilkerson, Tangalon Shugail, RN# 713716

Willerton, Sharon, RN# 518598

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Williamson, Amanda Leigh, RN# 183751

8.2 DEFERREDAGREED ORDERS

The board considered the Deferred AgreedOrders listed on Consent:

The board voted to ratify the Deferred AgreedOrders on Consent.

Fawaz, Khadija Mohammad, RN# 728838

Ikonne, Gloria Oluchi, LVN# 207571

Nusz, Herman Henry, RN# 603070

Smith, Grace, LVN# 217020

8.3.REINSTATEMENTAGREED ORDERS

The board considered the ReinstatementAgreed Orders listed on Consent:

The board voted to ratify the ReinstatementAgreed Orders on Consent.

Baptiste, Keeonna Williams, RN# 733729

Gann, Terry C, RN# 529022

8.4 ELIGIBILITYAGREED ORDERS

The board considered the Eligibility AgreedOrders listed on Consent:

The board voted to ratify the Eligibility AgreedOrders on Consent.

Burleson-Parnell, Lacey Natasha, LVNPetitioner

Busieney, Ezrah Kipchirchir, RN Petitioner

Ivery, Jason Jerrell, LVN Petitioner

Macias Paez, Veronica, RN Petitioner

Pina, Maria D., LVN Petitioner

Thomas, Angela, LVN Petitioner

Villa, Rogelio Abdias, RN Petitioner

Villarreal, Connie Nicole, LVN Petitioner

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Wysinger, Jessica Marie, RN Petitioner

1.ADMINISTRATION 1.1. ExecutiveDirector’s Report

Katherine Thomas reviewed her writtenreport to the board.

No action.

1.2. Legal 1.2.2. Staff Reporton Delegation ofEmergencySuspensionApprovals by theExecutive Director

Dusty Johnston reported that authority forthe Executive Director to approveemergency suspension(s) as opposed to theeligibility and disciplinary committee isprohibited by Tex. Occ. Code Sec. 301.455.

No action.

1.4. Review ofLegislativeAppropriationRequestExceptional ItemsFiscal Year 2014-2015

Mark Majek provided a review of theLegislative Appropriation RequestExceptional Items for Fiscal Years 2014-2015. The Board discussed the exceptionalitems and an update on the Strategic Planand Legislative Appropriations Request.

The Board voted to seek LegislativeAppropriation Request Exceptional Items forFiscal Years 2014/2015 in the followingorder:(I) Executive Director Salary Increase - Cost$34,900. per fiscal year;(II) Nursing Consultant (1) - Education - Cost$71,499. per fiscal year; (III) Nursing Consultant (1) - Practice - Cost$71,499. per fiscal year;(IV) TPAPN - Cost $208,558. per fiscal year;and(V) Texas Center for Nursing Workforce -Cost $46,550. per fiscal year.

2. OPERATIONS 2.3. Report on the2012 Tour of Texas

Mark Majek reviewed his report on the 2012Tour of Texas with the board. Boardmember Tami Cowen requested that a list ofboard frequently used acronyms be createdas a reference for individuals not familiarwith acronyms utilized by BON staff andboard members.

No action.

3. NURSING 3.1. Practice 3.1.1. PromotingCompetency Report

Bonnie Cone reviewed her written report onpromoting competency with the board.

No action.

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3.1.2. Report onImplementation ofthe Department ofAging and Disabilityand Texas Board ofNursingMemorandum ofUnderstandingPertaining to SB1857, 82nd TexasLegislature

Melinda Hester reported that the AdvisoryCommittee met on June 13th and July 11th.DADS has begun drafting rules regardingthe nursing service changes and SB 1857.As a result of this process and stakeholderinput, DADS has decided not to require thatevery individual receive a comprehensivenursing assessment. Only those individualsthat receive nursing services will receive acomprehensive nursing assessment. BONstaff met with the Commissioner andAssistant Commissioner of DADS to expressthe importance of requiring comprehensivenursing assessments by registered nursesfor all individuals in order to ensure safety.DADS and BON staff have begun to developthe Legislative Report concerning SB 1857which is due on December 1, 2012 to theSenate Committee on Health and HumanServices and the House Committee onPublic Health. The report will discuss theplanning, training and early implementationphases of the pilot.

No action.

3.2. Education 3.2.4. Report onCommunicationActivities withNursing EducationPrograms

No report. No action.

3.2.5. Report ofSurvey Visit - FortisInstitute in GrandPrairie, Texas -Vocational NursingEducation Program

The Board considered the report of thefocused survey visit to Fortis Institutesubsequent to the prior March 16, 2012survey visit and the previously issued TexasBoard of Nursing requirements at the April19-20, 2012 meeting.William Bowker, Campus President;Mishaun Jackson, Director of Nursing; andStephanie Wingate, Assistant Director ofNursing, were present to answer questions.

Board Member Mary LeBeck recusedherself from the consideration and vote onthis agenda item.Board Member Sheri Crosby voted tooppose the motion.The Board voted to accept the survey visitreport and continue to restrict the enrollmentof new students in the Fortis Institute inGrand Prairie, Texas Vocational NursingEducation Program until the program has fullymet Requirement #1 issued at the April 19-20, 2012 Board meeting:Requirement # 1:Rule 214.9(f)(3) related to Clinical LearningExperiences states that “Clinical Learningexperiences shall be sufficient in quantity andquality to provide opportunities for students toachieve stated outcomes.” Clinicalexperiences occur only in long term carefacilities and do not include a variety ofexperiences to meet program and clinicalobjectives. Therefore, the program directorshall obtain clinical affiliation agreements to

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provide a range of clinical experiences tomeet program and clinical objectives andcomply with Rule 214. The program directorshall provide copies of signed clinicalagreements and clinical schedules for allstudents to comply with Rule 214 to BoardStaff by June 1, 2012.In addition, the program shall provide aresponse to issues of inaccuratedocumentation in student evaluations andgrade reports identified during the July 2,2012 survey visit, with a plan to ensure thatpolicies provide accurate and completedocumentation in student records. Thisresponse shall be received in Board Office byAugust 15, 2012, and may warrant furtherevaluation.

3.2.6. Follow-upReport of FindingsRelated to SurveyVisit to AmericanMedical Institute inHouston, Texas -Vocational NursingEducation Program

The Board considered the follow-up Reportof Findings Related to Survey Visit toAmerican Medical Institute in Houston,Texas - Vocational Nursing EducationProgram.Ify Emenaha, Pharm D, RN, Director; andJonathan Wu, Attorney, were present toanswer questions pertaining to AmericanMedical Institue.Virginia Bosman, Program Specialist, TexasWorkforce Commission - Career Schoolswas also present to answer questions onbehalf of Texas Workforce Commission -Career Schools.

Board Member Sheri Crosby abstainedfrom the vote on this agenda item.Board Members Kathy Leader-Horn andDeborah Bell voted to oppose the motionand board action.The Board voted to continue to restrict theenrollment of new students in the AmericanMedical Institute in Houston, TexasVocational Nursing Education Program untila decision is reached by TWC; Board Staffhave an opportunity to reevaluate theprogram’s compliance with Board rules; andthat the program will be reviewed and anupdate provided to the board at the October,2012 board meeting.

3.2.7.PublicHearings onProposals toEstablish A NewNursing EducationPrograms 3.2.7.a. TheUniversity of Texasat Brownsville inBrownsville, Texas - BaccalaureateDegree NursingEducation Program

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - The University ofTexas at Brownsville.The Board considered The University ofTexas at Brownsville’s proposal to establisha new baccalaureate degree nursingeducation program in Brownsville, Texasand the report of the survey visit.Edna Iris Garza-Escobedo, PhD, RN, InterimDean, College of Nursing; Sally Roach RN,MSN, CNE, AHN-BC, Coordinator, GenericBSN Program and Alan F.J. Artibise, PhD,Provost and Vice-President for Academic

The Board voted to grant initial approval toThe University of Texas at Brownsville toestablish a new Baccalaureate DegreeNursing Education Program in Brownsville,Texas, with an initial cohort of fifty studentsper year to begin in Fall 2013, based upon theproposal and survey visit.

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Affairs, were present to answer questions.

3.2.7.b. TexasState TechnicalCollege inHarlingen, Texas -Associate DegreeNursing EducationProgram

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - Texas StateTechnical College. The Board consideredthe Texas State Technical College Harlingen(TSTC Harlingen) proposal to establish anew Associate Degree Nursing (ADN)Education Program and the report of asurvey visit.Rachel Wilson, MSN, RN, Program Director;Barbara Bennett, Associate Vice Presdient,Student Learning; and Adam Hutchison,Provost were present to answer questions.

The Board voted to grant initial approval forTexas State Technical College Harlingen inHarlingen, Texas to establish a newAssociate Degree Nursing EducationProgram with an annual enrollment of thirty(30) students while on initial approval basedupon the proposal and findings from thesurvey visit.

3.2.7.c. CCHealth TrainingCenter in Arlington,Texas - VocationalNursing EducationProgram

The Board held a Public Hearing on theProposal to Establish a New NursingEducational Program - CC Health TrainingCenter.The Board considered the CC HealthTraining Center (CCHTC) proposal toestablish a new vocational nursing (VN)education program in Arlington, Texas, andthe report of the survey visit.Graciela Salinas, MSN, RN, ProposedDirector and Carmen Santiago, Dr.P.H., RN,Medica Health Management, Inc. werepresent to answer questions.

Board Members Kristin Benton, RichardGibbs, Kathy Leader-Horn, Sheri Crosbyand Patti Clapp voted to oppose themotion and final board action.The Board voted to deny CC Health TrainingCenter’s proposal to establish a newvocational nursing (VN) education program inArlington, Texas.

3.2.8. Update onStaff Review ofRule 217.3Pertaining toPassing theNCLEX® WithinFour Years ofGraduation

Jan Hooper reported that Staff reviewed thefollowing concerns related to Rule 217.2(c)allowing nursing graduates four (4) years inwhich to take the NCLEX examination:• effect on programs’ NCLEX pass

rates• poorer performance on exam when

students delay taking the exam• graduates repeated attempts over a

four-year period without practiceexperience

• lack of consistency with publicprotection

The Board requested Staff to bring arecommendation related to reducing the timeallowed to take the NCLEX to the OctoberBoard meeting.

No action.

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5. COMMITTEEREPORTS 5.2. AdvisoryCommittees/TaskForces 5.2.1. AdvancedPractice NursesAdvisoryCommittee


5.2.2. NursingPractice AdvisoryCommittee


5.2.3. AdvisoryCommittee onEducation

Virginia Ayars reported that the AdvisoryCommittee on Education (ACE) met face-to-face on March 7, 2012 to discuss revisionsto Chapter 214. Vocational NursingEducation and Chapter 215. ProfessionalNursing Education. The outcomes of thediscussions and decisions of the ACE will beprovided in Agenda Item 7.4. Considerationof Proposed Amendments to 22 TexasAdministration Code Chapter 214, Pertainingto Vocational Nursing Education and AgendaItem 7.5. Consideration of ProposedAmendments to 22 Texas AdministrationCode Chapter 214, Pertaining to VocationalNursing Education. The aforementionedagenda items will be presented by TexasBoard of Nursing Counsel Jena Abel.

No action.

5.2.4. AdvisoryCommittee onLicensure, Eligibilityand Discipline

Jena Abel reported the Board issued acharge to the E&D Advisory Committee at itsApril Board meeting to review the Board'sDisciplinary Matrix for Criminal Conduct andthe Board's Disciplinary Sanction Policies.The Committee will be meeting onSeptember 4, 2012, to consider the Board'scharge.

No action.

5.2.5. AdvisoryCommittee onDeferredDisciplinary ActionPilot Program

Jena Abel reported the Committee will bemeeting on July 26th to review the datagathered by Staff from the 1st year of thedeferred pilot program and the results of thesurveys from the nurses in the pilot programand their employers. The committee will bealso be discussing recommendationsregarding the continuation of the pilotprogram and any changes that may benecessary to the NPA or Board rules. Thecommittee hopes to be able to bring those

No action.

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recommendations to the Board at theOctober board meeting.

5.2.6. Task Forceon Delegation

Bonnie Cone reported that the Task Forceon Delegation held the first subcommitteemeeting on April 27, 2012. For their reviewprior to the meeting, the Subcommitteereceived copies of the Joint Statement onDelegation from the American NursesAssociation (ANA) and the National Councilof State Boards of Nursing (NCSBN) andWorking with Others: A Position Paper fromNational Council of State Boards of Nursing(2005). In addition to these two documents,the first draft of the delegation rules weredistributed. This first draft of the delegationrules was discussed. Subcommitteemembers provided their comments andconsiderations for revisions.The second draft of Chapter 225 has beendrafted and provided to the Subcommittee. Discussions on the second draft will takeplace during a future meeting. For information purposes only, theorganization or agency representative listedbelow requested a replacement to serve intheir place. They are:Request for Jessica Ramos to serve asreplacement Roger Webb, Texas Council forDevelopmental Disabilities; Request for Cynthia Morgan, RN to serve asa replacement for Michelle Jeffers RN,Hospice of Austin; andRequest for Dr. Ellarene Sanders to serve asa replacement for Therese Clinch RN, TexasNurses Association.

No action.

5.2.7. Task Forceto StudyImplications of theGrowth of TexasNursing EducationPrograms

Mary Beth Thomas reported that the taskforce met on July 10th. They selected fourpriority issues including clinical learningexperiences, faculty, education models andworkforce issues. The committee is breakinginto sub-committees to address theseissues. A report will be forthcoming to theJanuary 2013 Board meeting.

No action.

5.3. Collaborationwith OutsideAgencies /Stakeholders 5.3.1. StatewideHealth Coordinating

Richard Beard, Chair, Statewide HealthCoordinating Council Texas Center for

No action.

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Council TexasCenter for NursingWorkforce Studies AdvisoryCommittee

Nursing Workforce Studies AdvisoryCommittee, reported that the committee meton Mary 9, 2012 to review the hospice homehealth survey, a packet of those results arebeing provided to the board members.

5.3.2. TexasHigher EducationCoordinating BoardUpdates


5.3.3. Taxonomyof Error Root CauseAnalysis of PracticeResponsibilities(TERCAP)

Mary Beth Thomas reported on updates inthe Texas TERCAP Pilot.

No action.

5.3.4. Texas TeamReport - RobertWood JohnsonInitiative


OPEN FORUM: Kristin Benton announced the format andinvited participation from the audience. No speakers came forward and the OpenForum was closed at 1:36 p.m.

No action.

6. OLD BUSINESS 6.5. ProposedAdoption of 22 Tex.Admin. Code§213.23, Pertainingto Decision of theBoard, WrittenCommentsReceived, OralCommentsReceived at PublicHearing Held onJuly 3, 2012, if any,and BoardResponses toComments

The Board reviewed the proposedamendments to §213.23 that were approvedby the Board at its April 2012 meeting forsubmission to the Texas Register for publiccomment. The proposed amendments werepublished in the Texas Register on May 18,2012 and the comment period ended onJune 18, 2012. The Board received severalwritten comments and a request for a publichearing. A public hearing was held on July3, 2012. A summary of the writtencomments and comments received at thepublic hearing, along with Staff’s proposedresponse to those comments were providedto the board for review. Staff’s proposedrevisions to §213.23 would adopt the rule asproposed, but for omission of proposedsubsection (c), which would require an ALJto omit from his/her proposal for decision arecommendation for sanction.

The Board voted to adopt the proposedamendments to §213.23, related to Decisionof the Board, with changes, and furtherauthorize Staff to publish the summary ofcomments and response to comments.

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7. NEW BUSINESS 7.1. Texas PeerAssistanceProgram for Nurses(TPAPN) 7.1.2. Texas PeerAssistanceProgram for NursesAdvisoryCommittee

Melinda Hester reported the Texas PeerAssistance Program for Nurses (TPAPN)Advisory Committee met on June 1, 2012.Items discussed included vacancies on thecommittee and representation, the TPAPNstrategic plan, update on new drug testingand software system, and upcomingadvocate workshops. Next meeting will beSeptember 7, 2012.

No action.

7.1.3. Texas PeerAssistanceProgram for NursesThird Party ReferralReport

Anthony Diggs reviewed the written reportwith the board.

No action.

7.2. Considerationof Response to aRequestConcerning OffLabel Use ofKetamine for PainManagement

The Board considered The AmericanFederation of Government Employees, Local1033 located in San Antonio, Texas requestfor guidance in relation to registered nurse(RN) scope of practice in off labeladministration of the anesthetic ketamine forpain management.

The Board voted to approve staff’s proposedresponse to The American Federation ofGovernment Employees, Local 1033 locatedin San Antonio, Texas request for guidance inrelation to registered nurse (RN) scope ofpractice in off label administration of theanesthetic ketamine for pain management.

7.4. Considerationof ProposedAmendments to 22Tex. Admin. CodeChapter 214,Pertaining toVocational NursingEducation

The Board considered ProposedAmendments to 22 Tex. Admin. CodeChapter 214, Pertaining to VocationalNursing Education, based on the AdvisoryCommittee on Education’s recommendedrule revisions and Staff recommendations foradditional revisions to the chapter that willallow for more stringent monitoring ofprograms in an effort to increase programs’opportunity for success.

The Board voted to to approve the proposedamendments to 22 Tex. Admin. CodeChapter 214, Pertaining to Vocational NursingEducation, with authority for 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 Chapter 214, Pertainingto Vocational Nursing Education, asproposed.

7.5. Considerationof ProposedAmendments to 22Tex. Admin. CodeChapter 215,Pertaining toProfessionalNursing Education

The Board considered the ProposedAmendments to 22 Tex. Admin. CodeChapter 215, Pertaining to ProfessionalNursing Education, based on the AdvisoryCommittee on Education’s recommendedrule revisions and Staff recommendations foradditional revisions to the chapter that willallow for more stringent monitoring ofprograms in an effort to increase programs’

The Board voted to approve the proposedamendments to 22 Tex. Admin. CodeChapter 215, Pertaining to ProfessionalNursing Education, with authority for 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 are

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opportunity for success. received, move to adopt the proposedamendments to 22 Tex. Admin. CodeChapter 215, Pertaining to ProfessionalNursing Education, as proposed.

8. PROPOSEDBOARD ORDERS 8.5. ALJProposals forDecision

8.5.1. Docket No.507-12-1899, In theMatter ofPermanentCertificateRN#777013, Issuedto JADESOLA O.ATOMRE 8.5.1.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-1899 8.5.1.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-1899, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.1.c.Consideration ofRecommendationby JADESOLA O.ATOMRE, DocketNo. 507-12-1899 8.5.1.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In the

The Board considered the AdministrativeLaw Judge’s Proposal for Decision andStaff’s Recommendations for Disposition ofDocket No. 507-12-1899, Including Adoptionof the Proposal for Decision’s Findings ofFact and Conclusions of Law withoutModifications.

The board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification and revoke theRespondent’s license.

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Matter ofPermanentCertificateRN#777013, Issuedto JADESOLA O.ATOMRE 8.5.1.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#777013, Issuedto JADESOLA O.ATOMRE

8.5.2. Docket No.507-11-9422, In theMatter ofPermanentCertificateRN#764883, Issuedto RAYLON TROYBROWN 8.5.2.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo.507-11-9422 8.5.2.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-11-9422, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.2.c.Consideration ofRecommendationby RAYLON TROYBROWN, DocketNo. 507-11-9422 8.5.2.d. Executive


The board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification, including Conclusion ofLaw Number 7, as amended by the ALJ in herletter ruling of April 18, 2012; suspend theRespondent’s license for a period of 2 years;fully probate the suspension; and place theRespondent on probationary stipulations for 2years.Suspend Probate. Respondent’s license ishereby suspended with said suspensionSTAYED and Respondent is placed onProbation with the following agreed terms ofprobation: Within forty five days of entry ofthis order Respondent shall pay a monetaryfine in the amount of $500. Within one year ofentry of this order Respondent shallsuccessfully complete a board approvedcourse in nursing jurisprudence and ethics;and a board approved course in sharpeningcritical thinking skills. The following terms ofthis probation may only be served whileRespondent is employed as a nurse in ahospital, nursing home, or other clinicalpractice setting for two years of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall have in-direct supervision with employmentrestrictions for the duration of the stipulationperiod; Respondent shall not practice in anycritical care area for the first year ofemployment under this order; Respondentshall abstain from the consumption of alcohol,Nubain, Stadol, Dalgan or other syntheticopiates, and/or the use of controlled

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Session pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#764883, Issuedto RAYLON TROYBROWN 8.5.2.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#764883, Issuedto RAYLON TROYBROWN

substances; Respondent shall submit toperiodic screens for controlled substancesand alcohol; and Respondent shall attend atleast two support group meetings each week,one of which shall be for substance abuseand shall provide acceptable proof of suchattendance.

8.5.3. Docket No.507-12-3405, In theMatter ofPermanentCertificateLVN#112596 /RN#636717, Issuedto LORICALDWELL 8.5.3.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo.507-12-3405 8.5.3.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-3405, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWith Modifications

The Board considered the AdministrativeLaw Judge’s Proposal for Decision andStaff’s Recommendations for Disposition ofDocket No. 507-12-3405, Including Adoptionof the Proposal for Decision’s Findings ofFact and Conclusions of Law withModifications.

Board Members Richard Gibbs, MarilynDavis and Patti Clapp recused themselvesprior to the consideration, discussion andvote on this proposal for decision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification, except for Conclusion ofLaw Number 8, which should be re-designated as a recommendation, and revokethe Respondent’s licenses.

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8.5.3.c.Consideration ofRecommendationby LORICALDWELL,Docket No. 507-12-3405 8.5.3.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateLVN#112596 /RN#636717, Issuedto LORICALDWELL 8.5.3.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#112596 /RN#636717, Issuedto LORICALDWELL

8.5.4. Docket No.507-12-3384, In theMatter ofPermanentCertificateLVN#191396,Issued to SERGIOCHAPARRO 8.5.4.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-3384 8.5.4.b.Consideration ofStaff’sRecommendationsfor Disposition of


The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification and revoke theRespondent’s license.

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Docket No. 507-12-3384, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.4.c.Consideration ofRecommendationby SERGIOCHAPARRO,Docket No. 507-12-3384 8.5.4.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateLVN#191396,Issued to SERGIOCHAPARRO 8.5.4.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#191396,Issued to SERGIOCHAPARRO

8.5.5. Docket No.507-12-5230, In theMatter ofPermanentCertificateLVN#165456Issued to CYNTHIAANN DOSS 8.5.5.a.Consideration ofthe AdministrativeLaw Judge’sProposal for


Board Members Deborah Bell, KathyLeader-Horn and Kristin Benton recusedthemselves prior to the discussion,consideration and vote on this proposalfor decision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification, except for Conclusion ofLaw Number 8, which should be re-designated as a recommendation, and revokethe Respondent’s license.

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Decision in DocketNo. 507-12-5230 8.5.5.b.Consideration ofStaff’sRecommendationsfor Disposition ofocket No. 507-12-5230, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWith Modifications 8.5.5.c.Consideration ofRecommendationby CYNTHIA ANNDOSS, Docket No.507-12-5230 8.5.5.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateLVN#165456,Issued to CYNTHIAANN DOSS 8.5.5.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#165456,Issued to CYNTHIAANN DOSS

8.5.7. Docket No.507-12-3145, In theMatter ofPermanentCertificateLVN#216659Issued toHOWARD R.


Board Member Sheri Crosby abstainedfrom the vote on this proposal fordecision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification and revoke theRespondent’s license.

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HUDSON 8.5.7.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-3145 8.5.7.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-3145, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.7.c.Consideration ofRecommendationby HOWARD R.HUDSON, DocketNo. 507-12-3145 8.5.7.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateLVN#216659 ,Issued toHOWARD R.HUDSON 8.5.7.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#216659 ,Issued toHOWARD R.HUDSON

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8.5.8. Docket No.507-12-4323, In theMatter ofPermanentCertificateRN#688859 Issuedto LISHA DIANNELEPINE 8.5.8.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-4323 8.5.8.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-4323, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.8.c.Consideration ofRecommendationby LISHA DIANNELEPINE, DocketNo. 507-12-4323 8.5.8.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#688859, Issuedto LISHA DIANNELEPINE 8.5.8.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanent


Board Members Deborah Bell, RichardGibbs and Kristin Benton recusedthemselves prior to the discussion,consideration and vote on this proposalfor decision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification and revoke theRespondent’s license.

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CertificateRN#688859, Issuedto LISHA DIANNELEPINE

8.5.9. Docket No.507-12-4600, In theMatter ofPermanentCertificateRN#725605 Issuedto KYLE JACOBMIKLES 8.5.9.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-4600 8.5.9.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-4600, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.9.c.Consideration ofRecommendationby KYLE JACOBMIKLES, DocketNo. 507-12-4600 8.5.9.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#725605, Issuedto KYLE JACOBMIKLES



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8.5.9.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#725605, Issuedto KYLE JACOBMIKLES

8.5.10. Docket No.507-11-9387, In theMatter ofPermanentCertificate LVN#216971 Issued toBROOKE LEAMORRIS 8.5.10.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-11-9387 8.5.10.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-11-9387, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.10.c.Consideration ofRecommendationby BROOKE LEAMORRIS, DocketNo. 507-11-9387 8.5.10.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplated


The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification; suspend theRespondent’s license; and probate thesuspension, under probationary stipulations,until Respondent completes her criminalprobation.Suspend Probate. Respondent is herebyplaced on PROBATION until such time asRESPONDENT provides the Board withverifiable evidence of successful completionof her court ordered probation in Cause No.09CR2431 in the 10th Judicial District Courtof Galveston County, Texas, but, which in noevent shall be sooner than one year from thedate of this Order, under the following termsof probation: Within one year of entry of thisorder Respondent shall successfully completea board approved course in nursingjurisprudence and ethics. The following termsof this probation may only be served whileRespondent is employed as a nurse in ahospital, nursing home, or other clinicalpractice setting for one year of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall have in-direct supervision with employmentrestrictions for the duration of the stipulationperiod; Respondent shall abstain from theconsumption of alcohol, Nubain, Stadol,Dalgan or other synthetic opiates, and/or theuse of controlled substances; Respondentshall submit to periodic screens for controlledsubstances and alcohol; Respondent shallattend at least two support group meetingseach week, one of which shall be forsubstance abuse and shall provideacceptable proof of such attendance; andRespondent shall cause her probation officerto submit quarterly written reports regardingher compliance with her court ordered

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litigation: In theMatter ofPermanentCertificateLVN#216971 ,Issued to BROOKELEA MORRIS 8.5.10.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#216971 ,Issued to BROOKELEA MORRIS

probation until released from probation.

8.5.11. Docket No.507-12-5231, In theMatter ofPermanentCertificateLVN#215004Issued to AIMEEMICHELEMUNDAY 8.5.11.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-5231 8.5.11.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-5231, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWith Modifications 8.5.11.c.Consideration ofRecommendationby AIMEEMICHELEMUNDAY, Docket


Board Members Deborah Bell, KathyLeader-Horn and Kristin Benton recusedthemselves prior to the discussion,consideration and vote on this proposalfor decision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification, except for Conclusion ofLaw Number 8, which should be re-designated as a recommendation, and revokethe Respondent’s license.

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No. 507-12-5231 8.5.11.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateLVN#215004 ,Issued to AIMEEMICHELEMUNDAY 8.5.11.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#215004,Issued to AIMEEMICHELEMUNDAY

8.5.12. Docket No.507-12-4324, In theMatter ofPermanentCertificateRN#605633 Issuedto RHONDA JEANSCHEXNIDER 8.5.12.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-4324 8.5.12.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-4324, IncludingAdoption of theProposal forDecision’s Findings



106


of Fact andConclusions of LawWithoutModifications 8.5.12.c.Consideration ofRecommendationby RHONDA JEANSCHEXNIDER,Docket No. 507-12-4324 8.5.12.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#605633, Issuedto RHONDA JEANSCHEXNIDER 8.5.12.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#605633, Issuedto RHONDA JEANSCHEXNIDER

8.5.13. Docket No.507-12-3279, In theMatter ofPermanentCertificateLVN#62879 Issuedto OLLIE ALLENTRAYLOR 8.5.13.a.Consideration ofthe AdministrativeLaw Judge’sProposal forDecision in DocketNo. 507-12-3279 8.5.13.b.Consideration of


Board Member Sheri Crosby abstainedfrom the vote on this proposal fordecision.The Board voted to adopt Findings of FactNumbers 1 through 4 and 13 through 18 andConclusions of Law Numbers 1 through 5 inthe PFD without modification; modify andadopt Conclusions of Law Numbers 6 through14 and revoke the Respondent’s license.

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Staff’sRecommendationsfor Disposition ofDocket No. 507-12-3279, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWith Modifications 8.5.13.c.Consideration ofRecommendationby OLLIE ALLENTRAYLOR, DocketNo. 507-12-3279 8.5.13.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateLVN#62879, Issuedto OLLIE ALLENTRAYLOR 8.5.13.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#62879, Issuedto OLLIE ALLENTRAYLOR

8.5.14. Docket No.507-12-0528, In theMatter ofPermanentCertificateRN#534973 Issuedto LEO VASQUEZ 8.5.14.a.Consideration ofthe AdministrativeLaw Judge’s


Board Member Tami Cowen recusedherself prior to the discussion,consideration and vote on this proposalfor decision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification and revoke theRespondent’s license.

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Proposal forDecision in DocketNo. 507-12-0528 8.5.14.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-0528, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.14.c.Consideration ofRecommendationby LEO VASQUEZ,Docket No. 507-12-0528 8.5.14.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#534973, Issuedto LEO VASQUEZ 8.5.14.e.Convene in OpenSession to considerrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#534973, Issuedto LEO VASQUEZ

8.6. Default ALJProposals forDecision 8.6.2. Docket No.507-12-4150, In the

The Board considered the AdministrativeLaw Judge’s Order, Dismissing Case FromDocket and Staff’s Recommendation to

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

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Matter ofPermanentCertificateLVN#98474, Issuedto JUDY ANNMOMAN 8.6.2.a.Consideration ofthe AdministrativeLaw Judge’s OrderNo. 1, AnnouncingDefault, and OrderNo. 2, DismissalOrder 8.6.2.b.Consideration ofStaff’sRecommendationto RevokePermanentCertificateLVN#98474 byDefault, inConjunction withOrder No. 1 and 2,Docket No. 507-12-4150 8.6.2.c.Consideration ofRecommendationby JUDY ANNMOMAN, DocketNo. 507-12-4150 8.6.2.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateLVN#98474, Issuedto JUDY ANNMOMAN 8.6.2.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateLVN#98474, Issued

Revoke Permanent Certificate LVN#98474by Default, in Conjunction with Order No. 1and 2, Docket No. 507-12-4150.

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to JUDY ANNMOMAN

8.6.3. Docket No.507-12-4731, In theMatter ofPermanentCertificateRN#533245, Issuedto PATRICIAANNE SALAZAR 8.6.3.a.Consideration ofthe AdministrativeLaw Judge’s OrderNo. 1, DismissingCase from SOAHDocket 8.6.3.b.Consideration ofStaff’sRecommendationto RevokePermanentCertificateRN#533245 byDefault, inConjunction withOrder No. 1, DocketNo. 507-12-4731 8.6.3.c.Consideration ofRecommendationby PATRICIAANNE SALAZAR,Docket No. 507-12-4731 8.6.3.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter ofPermanentCertificateRN#533245, Issuedto PATRICIAANNE SALAZAR 8.6.3.e. Convenein Open Session toconsiderrecommendations

The Board considered the AdministrativeLaw Judge’s Order, Dismissing Case FromDocket and Staff’s Recommendation toRevoke Permanent Certificate RN#533245by Default, in Conjunction with Order No. 1,Docket No. 507-12-4731.

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

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and take action: Inthe Matter ofPermanentCertificateRN#533245, Issuedto PATRICIAANNE SALAZAR

ADJOURNMENT Having completed this day’s business themeeting adjourned at 5:09 p.m.

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TEXAS BOARD OF NURSING

Regular Meeting

Friday, July 20, 20128:32 a.m. - 1:56 p.m.William Hobby Building333 Guadalupe, Tower II, Room 225Austin, Texas 78704

Present:Kristin K. Benton, PresidentRichard R. Gibbs, Vice-PresidentDeborah BellPatti ClappTamara CowenMarilyn DavisKathy Leader-HornMary LeBeckBeverley NutallVerna Kathleen ShippSheri Crosby

Absent:Josefina LujanMary Jane Salgado

Staff Present:Katherine A. Thomas, Executive DirectorPatricia Vianes-Cabrera, Executive AssistantAnthony Diggs, Director of EnforcementMark Majek, Director of OperationsJames “Dusty” Johnston, General CounselJena Abel, Assistant General CounselLance Brenton, Assistant General CounselNikki Hopkins, Assistant General CounselJohn Griffith, Assistant General CounselLaura Lewis, Administrative AssistantMary Beth Thomas, Director of NursingJan Hooper, Nursing ConsultantJolene Zych, Nursing ConsultantDenise Benbow, Nursing ConsultantMelinda Hester, Nursing ConsultantLinda Laws, Nursing ConsultantBonnie Cone, Nursing ConsultantRobin Caldwell, Nursing Consultant Virginia Ayars, Nursing ConsultantRamona Gaston-McNutt, Nursing ConsultantBruce Holter, Information SpecialistTawnya Smith, Information Technology SpecialistBill Ray, Information Technology SpecialistAmanda Crider, Information Technology Specialist

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CALL TO ORDER Kristin Benton called the meeting to order at8:32 a.m, Friday, April 20, 2012.

ROLL CALL A quorum was established with elevenmembers in attendance, Board MembersJosefina Lujan and Mary Jane Salgado wereabsent.

5. COMMITTEEREPORTS 5.1. BoardCommittees 5.1.3. Developmentand Evaluation

Board Member Richard Gibbs discussed thathe has not received any new developmenttopics for the January meeting, andencouraged board members to send him anyrequests for board development; Mr. Gibbsreviewed the board development topics thathave been completed in 2012; and Mr.Gibbs informed the board that there will be aboard retreat on October 17, 2012, that allmembers should plan on attending.

No action.

5.3. Collaborationwith OutsideAgencies /Stakeholders

5.3.5. NationalCouncil of StateBoards of Nursing 5.3.5.a. Report onAnnual NCSBNDelegate Assembly,August 8-10, 2012,Dallas, Texas

Board President Kristin Benton designatedthe following Delegates to represent theBoard:Mary LeBeck, Board Member, DelegateMary Beth Thomas, Staff, DelegateDeborah Bell, Board Member, First AlternateDelegateMelinda Hester, Staff, Second AlternateDelegateThe Board reviewed the Summary ofRecommendations to the 2012 DelegateAssembly and the 2012 Slate of Candidates.

The Board voted to direct the Delegates tovote on these issues after hearing andconsidering the discussion on the issues.

7. NEW BUSINESS 7.6. Considerationof the Internal AuditReport on TPAPNPerformance

The Board considered the Internal AuditReport on TPAPN Performance Measuresand Third-Party Financial Statement Audit -Fiscal Year 2012.

The Board voted to accept the Internal AuditReport on TPAPN Performance Measuresand Third-Party Financial Statement Audit -Fiscal Year 2012.

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Measures and Third-Party FinancialStatement Audit -Fiscal Year 2012

Jaye Stepp, Rupert and Associates, waspresent to answer questions.

7.7. Considerationof the Internal AuditPlan for Fiscal Year2013

Deborah Bell queried the board on whatitems the board wants to review for fiscalyear 2013. Ms. Bell reported that currentlyboth she and staff are brain storming toshow highest areas of risk, however there isneed for input from other board membersthat needs to be included in the review. Ms.Bell will request input from the Board andwork with Staff to prepare the internal auditplan for fiscal year 2013 to be placed on theOctober board meeting agenda for review bythe board.

No action.

8. PROPOSEDBOARD ORDERS 8.5. ALJ Proposalsfor Decision

8.5.6. Docket No.507-11-2458, In theMatter of PermanentCertificateRN#514318 Issuedto RODNEYWAYNE HICKS 8.5.6.a.Consideration of theAdministrative LawJudge’s Proposal forDecision in DocketNo. 507-11-2458 8.5.6.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-11-2458, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWith Modifications 8.5.6.c.Consideration ofRecommendation byRODNEY WAYNEHICKS, Docket No.

The Board considered the AdministrativeLaw Judge’s Proposal for Decision andStaff’s Disposition of Docket No. 507-11-2458, Including Adoption of the Proposal forDecision’s Findings of Fact and Conclusionsof Law without Modification.Louis Leichter, Attorney for Respondent waspresent and was given full opportunity toaddress the board.

Board Member Deborah Bell recusedherself from the consideration, discussionand vote on this Proposal for Decision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification, except for Conclusion ofLaw Number 9, which should be re-designated as a recommendation, andFinding of Fact Number 50, which the Boarddeclines to adopt, and impose a Warning withStipulations against the Respondent’slicense.Warning with Stipulations. Within one year of entry of this orderRespondent shall successfully complete aboard approved course in nursingjurisprudence and ethics; a board approvedcourse in sharpening critical thinking skills;and a board approved course in respectingprofessional boundaries. Should Respondentchoose to practice as a nurse in Texas,Respondent will provide direct patient careand practice in a hospital, nursing home, orother clinical setting under the followingstipulations for one year of employment:Respondent shall notify present/futureemployers of the board order; shall submitnotification of employment; shall provideemployer reports; and Respondent shall haveindirect supervision with employmentrestrictions for the duration of the stipulation

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507-11-2458 8.5.6.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of PermanentCertificateRN#514318, Issuedto RODNEYWAYNE HICKS 8.5.6.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#514318, Issuedto RODNEYWAYNE HICKS

period. Should RESPONDENT choose towork as a Family Nurse Practitioner,RESPONDENT’S practice of professionalnursing must be monitored for one (1) year bya physician or Family Nurse Practitioner whohas been approved by the Board. RESPONDENT must provide a list of three(3) physicians and/or three (3) Family NursePractitioners from which the Board shallselect. For the physician and/or Family NursePractitioner, the list must include the followingfor each: name, license number or socialsecurity number, educational background andprofessional employment history. Monitoringshall commence no later than thirty (30) daysfollowing the date of RESPONDENT'S receiptof the name of the monitor selected by theBoard. The monitor will offer guidance,advice and assistance to the RESPONDENTas necessary to ensure that deficiencies suchas those set forth in this Order do not reoccur. RESPONDENT SHALL meet with the monitorat least twice a month, at least one (1) hourduration each. RESPONDENT SHALLensure that the monitor submits reports,addressing RESPONDENT'S progress inovercoming these deficiencies to the office ofthe Board at the end of each three (3) monthsfor the one (1) year stipulation period. Meetings may be longer and more frequent ifthe monitor determines necessary. Multipleemployers are prohibited.

8.5.15. Docket No.507-12-1517, In theMatter of PermanentCertificateRN#646767 Issuedto HARRY CECILWISEMAN 8.5.15.a.Consideration of theAdministrative LawJudge’s Proposal forDecision in DocketNo. 507-12-1517 8.5.15.b.Consideration ofStaff’sRecommendationsfor Disposition ofDocket No. 507-12-1517, IncludingAdoption of theProposal for

The Board considered the Staff’sRecommendations for Disposition of DocketNo. 507-12-1517, Including Adoption of theProposal for Decision’s Findings of Fact andConclusions of Law Without Modifications.Marc Meyer, Attorney for Respondent waspresent and was given full opportunity toaddress the board.

Board Member Sheri Crosby voted tooppose the approval of this proposal fordecision.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFD,including Findings of Fact Numbers 6 and 16,as modified by the ALJ in his final letter rulingof May 4, 2012, without modification andimpose a Warning with Stipulations on theRespondent’s license.Warning with Stipulations. Within forty-fivedays of entry of this order Respondent shallpay an administrative reimbursement in theamount of $159.60. Within one year of entryof this order Respondent shall successfullycomplete a board approved course in nursingjurisprudence and ethics; a board approvedcourse in nursing documentation; a boardapproved course in physical assessment; aboard approved course in nursingdocumentation; and a board approved coursein sharpening critical thinking skills.

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Decision’s Findingsof Fact andConclusions of LawWithoutModifications 8.5.15.c.Consideration ofRecommendation byHARRY CECILWISEMAN, DocketNo. 507-12-1517 8.5.15.d.Executive Sessionpursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of PermanentCertificateRN#646767, Issuedto HARRY CECILWISEMAN 8.5.15.e. Convenein Open Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#646767, Issuedto HARRY CECILWISEMAN

RESPONDENT SHALL notify each presentemployer in nursing of this Order of the Boardand the stipulations on RESPONDENT'Slicense(s). RESPONDENT SHALL present acomplete copy of this Order and all Proposalsfor Decision issued by the Administrative LawJudge, if any, to each present employer withinfive (5) days of receipt of this Order. RESPONDENT SHALL notify all futureemployers in nursing of this Order of theBoard and the s t ipu la t ions onRESPONDENT'S license(s). RESPONDENTSHALL present a complete copy of this Orderand all Proposals for Decision issued by theAdministrative Law Judge, if any, to eachfuture employer prior to accepting an offer ofemployment.

8.5.16. Docket No.507-12-0846, In theMatter of PermanentCertificateRN#732546 Issuedto MAYRA L.ZELAYA8.5.16.a.Consideration of theAdministrative LawJudge’s Proposal forDecision in DocketNo. 507-12-08468.5.16.b.Consideration ofStaff’sRecommendationsfor Disposition of

The Board considered the AdministrativeLaw Judge’s Proposal for Decision andStaff’s Recommendations for Disposition ofDocket No. 507-12-0846, Including Adoptionof the Proposal for Decision’s Findings ofFact and Conclusions of Law withModifications.Dan Lype, Attorney for Respondent waspresent and was given full opportunity toaddress the board.

Board Member Deborah Bell recusedherself prior to the consideration,discussion and vote on this proposal fordecision.Board Member Patti Clapp voted tooppose the acceptance and approval ofthis order.The Board voted to adopt all of the Findingsof Fact and Conclusions of Law in the PFDwithout modification, except for Conclusion ofLaw Number 8, which should be re-designated as a recommendation; suspendthe Respondent’s license for 5 years; probatethe suspension and impose probationarystipulations, with the additional exception thatRespondent be allowed to work for ParallonWorkforce Management Solutions inHouston, Texas, and that the standard

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Docket No. 507-12-0846, IncludingAdoption of theProposal forDecision’s Findingsof Fact andConclusions of LawWith Modifications8.5.16.c.Consideration ofRecommendation byMAYRA L.ZELAYA, DocketNo. 507-12-08468.5.16.d. ExecutiveSession pursuant to551.071(1), TexasGovernment Code,to discuss pendingor contemplatedlitigation: In theMatter of PermanentCertificateRN#732546, Issuedto MAYRA L.ZELAYA8.5.16.e. Convene inOpen Session toconsiderrecommendationsand take action: Inthe Matter ofPermanentCertificateRN#732546, Issuedto MAYRA L.ZELAYA

stipulations in the order will have full forceand effect should Respondent leaveemployment there for any reason and acceptonly contracts with a minimum of three monthassignments.Suspend Probate. Respondent’s license ishereby suspended with said suspensionSTAYED and Respondent is placed onProbation with the following agreed terms ofprobation: Within one year of entry of thisorder Respondent shall successfully completea board approved course in nursingjurisprudence and ethics. The following termsof this probation may only be served whileRespondent is employed as a nurse in ahospital, nursing home, or other clinicalpractice setting for five years of employment:Respondent shall notify present/futureemployers of the board order; shall providenotification of employment; shall provideemployer reports; Respondent shall havedirect supervision with employmentrestrictions for the first year of employment asa nurse under this order; and Respondentshall have in-direct supervision withemployment restrictions for the remainder ofthe stipulation period.

9.MISCELLANEOUS 9.1. Board Items ofInterest for FutureBoard Meetings

Board Members discussed items for futureboard meetings:

No action.

9.2. BoardDevelopment: Information onNursing EducationProgram ApprovalProcesses of OtherState Agencies - TheTexas HigherEducationCoordinating Board

Chris Fowler, F. White, V. Bosman, C.Bingle and M. DeLong with the Texas HigherEducation Coordinating Board and theTexas Workforce Commission presentedinformation on the respective agenciesnursing education program approvalprocesses.

No action.

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and the TexasWorkforceCommission

9.3. Review of theBoard QuarterlyMeeting Evaluation

The Board members discussed the results ofthe April board meeting quarterly evaluation.

No action.

9.4. ExecutiveSession Pursuantto Tex. Gov’t CodeAnn. §551.074(Texas OpenMeetings Act)RegardingPersonnel Matters:AnnualPerformanceEvaluation ofKatherine Thomas,Executive Director

The Board met in Executive SessionRegarding Personnel Matters: AnnualPerformance Evaluation of KatherineThomas, Executive Director.

The Board reconvened in Open Sessionto take action on the Annual PerformanceEvaluation of Katherine A. Thomas, MN,RN, FAAN, Executive Director.

No action.

The Board voted to award Katherine A.Thomas, MN, RN, FAAN, ExecutiveDirector, eighty hours of administrative leaveas a reward for her exceptional jobperformance over the past twelve months.

9.5. ExecutiveSession Pursuantto Tex. Gov’t CodeAnn. §551.074(Texas OpenMeetings Act)RegardingPersonnel Matters:Annual Board Self-Evaluation

The Board met in Executive SessionRegarding Personnel Matters: AnnualBoard Self-Evaluation.

No action.

9.6. Presentation ofResults from theTexas Board ofNursing EmployeeEngagement Survey:Dr. Noel Landuyt,The University ofTexas School ofSocial Work

Dr. Noel Landuyt, with The University ofTexas School of Social Work, presented theresults from the Texas Board of NursingEmployee Engagement Survey.

No action.

9.7. Considerationof Proposed Datesand Topics forOctober, 2012 BoardRetreat

Kristin Benton notified the Board that theboard retreat is scheduled for Wednesday,October 17, 2012. Katherine A. Thomas,informed the board that a workshop on“Spokesperson Training” would be providedby Russ Rhea, Vice-President, andassociates of Hahn, Texas.

No action.

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ADJOURNMENT: Having completed all business as listed onthe agenda, the meeting adjourned at 1:56p.m.

________________________________Kristin Benton, MSN, RNBoard President

_________________________________Katherine A. Thomas, MN, RN, FAANExecutive Director

k:directorspatriciaboard mtgminutesjuly2012 · richard r. gibbs, vice-president ... deborah bell...

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