Section 213.32 - Corrective Action Proceedings and Schedule of Administrative FinesA corrective action may be imposed by the Board as specified in the following circumstances.
(1) For purposes of this section only, corrective action has the meaning assigned by the Occupations Code § 301.651. A corrective action imposed under this section is not a disciplinary action under the Occupations Code Chapter 301, Subchapter J.(2) Pursuant to the Occupations Code § 301.652, the Board may impose a corrective action for the first occurrence of each of the following violations:(A) practice on a delinquent license for more than six months but less than one year;(B) failure to comply with continuing competency requirements;(C) failure to assure licensure/credentials of personnel for whom the nurse is administratively responsible;(D) failure to provide employers, potential employers, or the Board with complete and accurate answers to either oral or written questions on subject matters including, but not limited to: employment history, licensure history, and criminal history;(E) failure to comply with Board requirements for change of name/address;(F) failure to develop, maintain, and implement a peer review plan according to statutory peer review requirements;(G) failure of an advanced practice registered nurse to register for prescriptive authority in an additional role and population focus area, where the advanced practice registered nurse otherwise meets all requirements for prescriptive authority as specified in Chapter 222 of this title (relating to Advanced Practice Registered Nurses With Prescriptive Authority); and(H) other violations of the Nursing Practice Act and/or Board rules that are appropriate for resolution at the sanction level of Remedial Education, Remedial Education with a Fine, or a Fine, in accordance with the Board's Disciplinary Matrix.(3) An individual will not be eligible for a corrective action if the individual has committed more than one of the violations listed in paragraph (2) of this section. If a fine is imposed by the Board as part of a corrective action under paragraph (2) of this section, the amount of the fine shall be $500.(4) The opportunity to enter into an agreed corrective action order is at the sole discretion of the Executive Director as a condition of settlement by agreement and is not available as a result of a contested case proceeding conducted pursuant to the Government Code Chapter 2001. An agreed corrective action will not be available to an individual who is practicing nursing in Texas on a nurse licensure compact privilege.(5) A fine, with or without remedial education stipulations, may be imposed in a disciplinary matter for the following violations in the following amounts: (A) practice on a delinquent license for more than six months but less than two years: (i) first occurrence: $250;(ii) subsequent occurrence: $500;(B) practice on a delinquent license for two to four years: (i) first occurrence: $500;(ii) subsequent occurrence: $1,000;(C) practice on a delinquent license more than four years: $1,000 plus $250 for each year over four years;(D) failure to comply with continuing competency requirements: (i) first occurrence: $250;(ii) subsequent occurrence: $500;(E) failure to comply with mandatory reporting requirements: (i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000;(F) failure to assure licensure/credentials of personnel for whom the nurse is administratively responsible: (i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000;(G) failure to provide employers, potential employers, or the Board with complete and accurate answers to either oral or written questions on subject matters including but not limited to: employment history, licensure history, criminal history: (i) first occurrence: $250 - $800;(ii) second occurrence: $500 - $1,000;(H) failure to report unauthorized practice:(i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000;(I) failure to comply with Board requirements for change of name/address: (i) first occurrence: $250;(ii) subsequent occurrence: $300;(J) failure to develop, maintain and implement a peer review plan according to statutory peer review requirements:(i) first occurrence: $250 - $1,000;(ii) subsequent occurrence: $500 - $1,000;(K) failure to file, or cause to be filed, complete, accurate and timely reports required by Board order: $250 for first occurrence;(L) failure to make complete and timely compliance with the terms of any stipulation contained in a Board order: $250 for first occurrence;(M) failure to report patient abuse to the appropriate authority of the State of Texas, including but not limited to, providing inaccurate or incomplete information when requested from said authorities:(i) first occurrence: $500;(ii) second occurrence: $1,000 - $5,000; and(N) other non-compliance with the NPA, Board rules or orders which does not involve fraud, deceit, dishonesty, intentional disregard of the NPA, Board rules, Board orders, harm or substantial risk of harm to patients, clients or the public: (i) first occurrence: $250 - $500;(ii) subsequent occurrence: $500 - $1,000.(6) The following violations may be appropriate for disposition by fine in conjunction with one or more of the penalties/sanctions contained elsewhere in the Board's rules: (A) violations other than those listed in paragraphs (2) and (5) of this section: (i) first occurrence: $250 - $1,000;(ii) subsequent occurrence: $500 - $1,000; and(B) a cluster of violations listed in paragraphs (2) and (5) of this section: $250 - $5,000.(7) The executive director is authorized to dispose of violations listed in paragraphs (2) and (5) of this section without ratification by the Board. The executive director shall report such cases to the Board at its regular meetings.22 Tex. Admin. Code § 213.32
The provisions of this §213.32 adopted to be effective August 15, 2002, 27 TexReg 7107; amended to be effective May 17, 2004, 29 TexReg 4884; amended to be effective November 15, 2009, 34 TexReg 7820; amended to be effective July 30, 2014, 39 TexReg 5751; amended to be effective April 19, 2016, 41 TexReg 2751