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Texas Statutes (Last Updated: January 4, 2014) |
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OCCUPATIONS CODE |
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Title 3. HEALTH PROFESSIONS |
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Subtitle E. REGULATION OF NURSING |
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Chapter 301. NURSES |
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Subchapter J. PROHIBITED PRACTICES AND DISCIPLINARY ACTIONS |
Sec. 301.455. TEMPORARY LICENSE SUSPENSION OR RESTRICTION
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(a) The license of a nurse shall be temporarily suspended or restricted on a determination by a majority of the board or a three-member committee of board members designated by the board that, from the evidence or information presented, the continued practice of the nurse would constitute a continuing and imminent threat to the public welfare.
(b) A license may be temporarily suspended or restricted under this section without notice or hearing on the complaint if:
(1) institution of proceedings for a hearing before the State Office of Administrative Hearings is initiated simultaneously with the temporary suspension or determination to restrict; and
(2) a hearing is held as soon as possible under this chapter and Chapter 2001, Government Code.
(c) The State Office of Administrative Hearings shall hold a preliminary hearing not later than the 17th day after the date of the temporary suspension or restriction to determine whether probable cause exists that a continuing and imminent threat to the public welfare exists. The probable cause hearing shall be conducted as a de novo hearing.
(d) A final hearing on the matter shall be held not later than the 61st day after the date of the temporary suspension or restriction.