The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

1. (1) Act--The Nursing Practice Act, Texas Civil Statutes, Articles 4513-4528, sometimes also called the NPA.
2. (2) Address of record--The address of each licensee as provided to the Board of Nurse Examiners pursuant to §217.10 of this title (relating to Change of Name and/or Address).
3. (3) Administrative Law Judge or ALJ--An individual appointed by the chief administrative law judge of the State Office of Administrative Hearings to preside over administrative hearings pursuant to Texas Government Code, Chapter 2003.
4. (4) Adverse licensure action--Any action to revoke, suspend, annul, withdraw or otherwise discipline, sanction or limit a license.
5. (5) Answer--A responsive pleading.
6. (6) APA--Administrative Procedures Act, §2001.001, et seq, Texas Government Code.
7. (7) Attorney of record--A person licensed to practice law in Texas who has provided the staff with written notice of representation.
8. (8) Board--The Board of Nurse Examiners appointed pursuant to Texas Civil Statutes, Article 4513, et seq. For purposes of this section, Board includes a three member standing committee designated by the Board to determine matters of eligibility for licensure and discipline of licensees.
9. (9) Client--See Patient.
10. (10) Complaint--Written accusations made by any person, or by the Board on its own initiative, alleging that a licensee's conduct may have violated the NPA.
11. (11) Complaint form--A standard form designed to collect at least the following information: RN/Respondent Name, License Number, Social Security Number, Date of Birth, Employer, Dates of Occurrence(s), Description of Facts or Conduct, Witnesses, Outcome, Complainant Identification (Name, Address, and Telephone Number), and Written Instructions For Providing Information to the Board.
12. (12) Contested case--A proceeding including, but not restricted to rate making and licensing, in which the legal rights, duties or privileges of a party are to be determined by an agency after an opportunity for adjudicative hearing.
13. (13) Continuance--The postponement of any stage of a contested case.
14. (14) Conviction--The result of a criminal proceeding wherein an individual, based on a plea or verdict, is adjudged guilty of the offense charged.
15. (15) Declaratory order--An order, issued by the Board pursuant to Texas Civil Statutes, Article 4519a, determining the eligibility of an individual for initial licensure as a registered nurse and setting forth both the basis for potential ineligibility and the Board's determination of the disclosed eligibility issues.
16. (16) Default judgment--The issuance of a proposal for decision in which the factual allegations against the respondent in a contested case are deemed admitted as true upon the respondent's failure to appear at a properly noticed hearing.
17. (17) Eligibility and Disciplinary Committee--A three member committee, a majority of whom shall be RNs, authorized by the Board to make a final disposition of licensure eligibility and disciplinary matters including temporary suspension.
18. (18) Eligibility matter--A proceeding by which an individual requests licensure (such as by Petition for Declaratory Order, Application for Examination, Application for Endorsement), Reinstatement, Reissuance, or Renewal.
19. (19) Executive director--The executive director of the Board of Nurse Examiners.
20. (20) Formal charges--Pleading of the staff publicly alleging the reasons for disciplinary actions against a registered nurse.
21. (21) Hearing--A public adjudicative proceeding at the State Office of Administrative Hearings.
22. (22) Informal conference--A non-public settlement meeting conducted by the executive director or designee to resolve a contested case.
23. (23) Initial licensure--The original grant of permission to practice professional nursing in Texas, regardless of the method through which licensure was sought.
24. (24) License--Includes the whole or part of any board permit, certificate, approval, registration, or similar form of permission required by law to practice professional nursing in the State of Texas.
25. (25) Licensee--A person who has met all the requirements to practice as a registered nurse pursuant to the Nursing Practice Act and the Rules and Regulations relating to Professional Nurse Education, Licensure and Practice and has been issued a license to practice professional nursing in Texas.
26. (26) Licensing--Includes the Board's process with respect to the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.
27. (27) May--Discretionary provision.
28. (28) Minor Incident--Conduct in violation of the Nursing Practice Act, which based on a thorough evaluation of factors enumerated under §217.19(b) of this title (relating to Minor Incidents), does not indicate that the nurse's continuing to practice professional nursing poses a risk of harm to a client or other person and need not be reported to the Board or peer review committee.
29. (29) NPA--Nursing Practice Act (see "Act" in these definitions).
30. (30) Order--A written decision of the Board, regardless of form, signed by the executive director on its behalf.
31. (31) Party--A person who holds a license issued by the Board of Nurse Examiners, a person who seeks to obtain, retain, or modify his or her license, or the Board of Nurse Examiners.
32. (32) Patient--An individual under the care and treatment of a health care professional either at a health care facility or in his/her own home.
33. (33) Person--Any individual, representative, corporation, or other entity, including any public or non-profit corporation, or any agency or instrumentality of federal, state, or local government.
34. (34) Petitioner--A party, including the staff, who brings a request or action and assumes the burden of going forward with an administrative proceeding; e.g., the staff in an action to discipline a licensee, the person who seeks reinstatement of a license, or the person who seeks a determination of eligibility for licensure.
35. (35) Pleading--A written document submitted by a party, or a person seeking to participate in a case as a party, which requests procedural or substantive relief, makes claims, alleges facts, makes legal argument, or otherwise address matters involved in the case.
36. (36) Reinstatement--The process of reissuing and restoring a license to active status that has been previously suspended, revoked or voluntarily surrendered.
37. (37) Respondent--A party, including the staff, to whom a request is made or against whom an action is brought, e.g.; the licensee in a disciplinary action by the staff; the Board in a reinstatement action; or the Board in an action to determine eligibility for licensure.
38. (38) Rule--Any agency statement of general applicability that implements, interprets, or prescribes law or policy, or describes the procedure or practice requirements of an agency. The term includes the amendment or repeal of a prior rule, but does not include statements concerning only the internal management or organization of any agency and not affecting private rights or procedures.
39. (39) Shall--Mandatory provision.
40. (40) SOAH--The State Office of Administrative Hearings.
41. (41) Staff--The staff of the Board, not including the executive director. For purposes of these rules, the staff may act through the legal counsel.
42. (42) Technical error--An ALJ's misinterpretation or misapplication of sound nursing principles or minimum nursing practice standards in a proposal for decision that must be corrected to sufficiently protect the public.
43. (43) Youthful indiscretion--Prior behavior inconsistent with the requirements of the penal laws of Texas or the Board's professional character requirements which, upon consideration of the factors enumerated in §213.28(f) of this title (relating to Licensure of Persons with Criminal Convictions) should not bar an individual's eligibility to be licensed as a registered nurse.

Source Note:The provisions of this §213.1 adopted to be effective September 1, 1998, 23 TexReg 6444.