In disciplinary matters, the Board may assess a monetary fine in the circumstances and amounts as described.

1. (1) The following violations may be appropriate for disposition by fine with or without educational stipulations:

   1. (A) practice on a delinquent license for more than six months but less than two years:

      1. (i) first occurrence: $250;
      2. (ii) subsequent occurrence: $500;

   2. (B) practice on a delinquent license for two to four years:

      1. (i) first occurrence: $500;
      2. (ii) subsequent occurrence: $1,000;
   3. (C) practice on a delinquent license over four years: $1,000 plus $250 for each year over four years;

   4. (D) aiding, abetting or permitting a registered nurse to practice on a delinquent license:

      1. (i) first occurrence: $100-$500;
      2. (ii) subsequent occurrence: $200-$1,000;

   5. (E) failure to comply with CE requirements:

      1. (i) first occurrence: $100;
      2. (ii) subsequent occurrence: $250;

   6. (F) failure to comply with mandatory reporting requirements:

      1. (i) first occurrence: $100-$500;
      2. (ii) subsequent occurrence: $200-$1,000;

   7. (G) failure to assure licensure/credentials of personnel for whom the nurse is administratively responsible:

      1. (i) first occurrence: $100-$500;
      2. (ii) subsequent occurrence: $200-$1,000;

   8. (H) 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:

      1. (i) first occurrence: $200-$800;
      2. (ii) second occurrence: $500-$1,000;

   9. (I) failure to report unauthorized practice:

      1. (i) first occurrence: $100-$500;
      2. (ii) subsequent occurrence: $200-$1,000;

   10. (J) failure to comply with Board requirements for change of name/address:

       1. (i) first occurrence: $100;
       2. (ii) subsequent occurrence: $150;

   11. (K) failure to develop, maintain and implement a peer review plan according to statutory peer review requirements:

       1. (i) first occurrence: $100-$1,000;
       2. (ii) subsequent occurrence: $500-$1,000;

   12. (L) failure to file, or cause to be filed, complete, accurate and timely reports required by Board order:

       1. (i) first occurrence: $100;
       2. (ii) subsequent occurrence: $250;

   13. (M) failure to make complete and timely compliance with the terms of any stipulation contained in a Board order:

       1. (i) first occurrence: $100;
       2. (ii) subsequent occurrence: $250;

   14. (N) 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:

       1. (i) first occurrence: $500;
       2. (ii) second occurrence: $1,000-$5,000; and

   15. (O) 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:

       1. (i) first occurrence: $100-$500;
       2. (ii) subsequent occurrence: $200-$1,000.

2. (2) The following violations may be appropriate for disposition by fine in conjunction with one or more of the penalties/sanctions listed in Texas Civil Statutes, Article 4525.1:

   1. (A) violations other than those listed in paragraph (1)(A)-(N) of this section:

      1. (i) first occurrence: $100-$1,000;
      2. (ii) subsequent occurrence: $200-$1,000; and
   2. (B) a cluster of violations listed in paragraph (1)(A)-(O) of this section: $100-$5,000.
3. (3) The executive director is authorized to dispose of violations listed in paragraph (1)(A)-(O) of this section, by fine, or by a combination of fine and stipulations for education, which shall be effective without ratification by the Board. The executive director shall report such cases to the Board at its regular meetings.

Source Note:The provisions of this §213.32 adopted to be effective September 1, 1998, 23 TexReg 6444.