This is from my firm's website, www.nursingattorney.com:
Nurses always ask what can they do to improve the regulation of
their practice by the Texas Board of Nursing. There are questions of
how to make the process more fair, especially for those nurses who have
never had a violation before and have a wonderful history of nursing
practice. Now, nurses can make a difference and ensure that two
proposed rules pass; two proposed rules which will benefit nurses in
Texas.
All nurses should read the recently proposed changes for the BON's rules sections §213.32, Corrective Action Proceedings and Schedule of Administrative Fines and §213.35, Knowledge, Skills, Training, Assessment and Research (KSTAR) Pilot Program. (22 Texas Administrative Code §213)
These rules will help nurses with minor practice violations resulting in
disciplinary actions at the level of Remedial Education (§213.32) and at the level of Warning with Stipulations and Remedial Education (§213.35). The levels include with and without a fine.
The
Corrective Action Proceeding is non-reportable to the databanks and is
not considered a disciplinary action. Previously this option was
restricted previously to administrative documentation type cases such as
failing to inform the Board of a minor past criminal conviction or a
failure to monitor the renewals of nurses under your supervision.
Expanding this option to practice issues will help the type of cases in
the past where a nurse has a stellar nursing practice history but has
made an error of some type; having these nurses put under disciplinary
orders was one of the biggest problems facing the Board in my opinion.
Allowing
deficiencies in nursing practice to be corrected by the KSTAR program
is a great step in the regulation of nurses. The typical Board Order
may not have addressed specific issues a nurse had and instead lumped
all violations of a certain level into the same remedial courses. The
program will not be cheap for the nurse, but if the success is anything
like that of other professions who have utilized a KSTAR like program,
the program will be successful in preventing recurring Board Orders for
additional violations. This program will be reportable and will be a
disciplinary action.
Each program has specific requirements
and restrictions, but these two proposed rules are something nurses
should support. In order to help ensure passage of these rules, read
the rules and if you are in support, send a letter to James W. Johnston,
General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460,
Austin, Texas 78701, or by e-mail to dusty.johnston@bon.texas.gov, or
faxed to (512) 305-8101. An additional copy of the comments on the proposal or any request for a public hearing must be simultaneously submitted
to Melinda Hester, RN, Lead Nursing Consultant for Practice, Texas
Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, or
by e-mail to melinda.hester@bon.texas.gov, or faxed to (512) 305-8101.
If a hearing is held, written and oral comments presented at the
hearing will be considered.
A public hearing is where the public
is allowed to voice their opinions regarding the rule in person before
the Board; a hearing is not required for comments to be considered if
submitted in writing, to the two staff members above as directed and submitted no later than 5:00 p.m. on June 23, 2014 for §213.32, the Corrective Action Proceeding proposed rule and no later than 5:00 p.m. on July 7, 2014 for §213.35, the KSTAR proposed rule.
Sunday, June 8, 2014
Subscribe to:
Posts (Atom)