SECTION 213.36. Alleged Standard of Care Violations by Advanced Practice Registered Nurses

(a) If, during the course of investigating a complaint made against an APRN, the board determines that an act of the APRN likely falls below an acceptable standard of care, the board shall appoint another APRN as an expert reviewer to assist in the investigation. An APRN appointed as an expert reviewer under this section must practice in the same advanced practice role with the same population focus as the APRN who is the subject of the complaint.

(b) The board may not refer a complaint against an APRN to an expert reviewer appointed under this section if the act alleged is:

(1) within the scope of practice applicable to a nurse who is not an advanced practice registered nurse; or

(2) considered unprofessional conduct, as described by Occupations Code, § 301.452(b)(10).

(c) An expert reviewer appointed under this section to review allegations against an APRN shall:

(1) determine whether the APRN violated the standard of care applicable to the circumstances of the allegation; and

(2) issue to the board a preliminary written report of the expert reviewer's conclusions.

(d) A report issued by an expert reviewer under this section must include:

(1) relevant facts concerning the nursing care rendered;

(2) the applicable standard of care;

(3) application of the standard of care to the relevant facts;

(4) a determination of whether the standard of care has been violated; and

(5) a summation of the expert reviewer's opinion.

Source Note: The provisions of this §213.36 adopted to be effective March 21, 2024, 49 TexReg 1712