22 Tex. Admin. Code § 211.7 - Executive Director
(a) The board shall
determine qualifications for and retain an executive director who shall be the
chief executive officer of the agency.
(b) The executive director shall have the
authority and responsibility for the operations and administration of the
agency and such additional powers and duties as prescribed by the board. As
chief executive of the board the executive director shall manage all aspects of
the agency, including personnel, financial and other resources, in support of
the NPA, rules and policies, the board's mission and strategic plan. The
executive director shall attend all meetings of the board and may offer
recommendations to the board, but shall not vote on matters brought before the
board.
(c) The executive director
shall have the authority to dismiss a complaint if an investigation
demonstrates that a violation did not occur, or the subject of the complaint is
outside the board's jurisdiction. At each public meeting of the board, the
executive director shall report to the board each complaint dismissed since the
board's last public meeting.
(d)
The Executive Director, or the Executive Director's designee, is authorized to
offer proposed disciplinary orders upon evaluation of the investigation
findings. Such an offer may be made:
(1) by
mail at the conclusion of an investigation; or
(2) in person following an informal
conference.
(e) The
Executive Director is authorized to accept the voluntary surrender of a
license. Board ratification is not required. The Executive Director will report
summaries of dispositions to the Board at its regular meetings.
(f) The Executive Director is authorized to
accept the following orders on behalf of the Board and ratification by the
Board is not necessary. The Executive Director will report summaries of
dispositions to the Board at its regular meetings.
(1) Orders issued under §
213.32(2) and (5)
of this title (relating to Corrective Action Proceedings and Schedule of
Administrative Fines).
(2) Orders
requiring a licensee to comply with a peer assistance program.
(3) Orders issued under subsection (i) of
this section.
(4) Orders
inactivating a license due to inadequate education.
(g) The Executive Director may grant any
motion for rehearing if he/she is of the opinion that the motion has merit
based on the criteria of §
213.16(j) of
this title (relating to Respondent's Answer in a Disciplinary Matter).
Otherwise, any motion considered untimely or without merit under the criteria
of §
213.16(j) of
this title, would be scheduled without prejudice before the next practicable
full Board or Eligibility and Disciplinary meeting for review and
determination.
(h) The Executive
Director may grant a request for a limited license or negotiate an agreed order
to return a limited licensee back to direct patient care. The Executive
Director may negotiate an agreed resolution to a request for an exception to a
stipulation contained in an existing order of the Board. The Executive Director
shall not grant a request for exception under this subsection unless he/she is
of the opinion that the requested relief falls within, and is consistent with,
public safety and the parameters of §
213.33(b), (g), and
(h) of this title (relating to Factors
Considered for Imposition of Penalties/Sanctions). Otherwise, a request for
exception to an existing order of the Board may be scheduled without prejudice
before the next practicable Eligibility and Disciplinary Committee meeting for
review and determination. The Executive Director shall establish guidelines for
review and approval of requests for exceptions to existing Board orders,
including how often such requests may be made. The Executive Director shall
report summaries of decisions related to requests for exceptions to existing
Board orders to the Board at its regularly scheduled meetings.
(i) If a licensee is subject to temporary
suspension or has been temporarily suspended, pursuant to the Occupations Code
§
301.455 or §
301.4551, the
Executive Director may approve and accept on behalf of the Board an agreed
order resolving the contested case if he/she is of the opinion that the agreed
order falls within, and is consistent with, public safety and the parameters of
§
213.27 of this title (relating to
Good Professional Character); §
213.29 of this title (relating to
Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in
Eligibility and Disciplinary Matters); and §
213.33 of this title. The
Executive Director shall report summaries of dispositions under this subsection
to the Board at its regularly scheduled meetings.
(j) The Executive Director is authorized to
accept the voluntary closure of a vocational nursing education program or a
professional nursing education program. Board ratification is not required. The
Executive Director will report summaries of such closures to the Board at its
regular meetings.
Notes
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