TITLE 22. EXAMINING BOARDS

PART 11. TEXAS BOARD OF NURSING

CHAPTER 213. PRACTICE AND PROCEDURE

Introduction. The Texas Board of Nursing (Board) adopts amendments to 22 Texas Administrative Code §213.13, relating to Complaint Investigation and Disposition, without changes to the proposed text as published in the December 19, 2025 edition of the Texas Register (50 TexReg 8153). The rule will not be republished.

Reasoned Justification. The adopted amendments are necessary to align §213.13 with applicable statutory requirements and to ensure that the rule accurately reflects current agency practices related to complaint intake, investigation, and notification. An internal audit conducted in conjunction with the Board's enforcement department identified provisions of the rule that were outdated or inconsistent with current procedures. The amendments address those findings.

The amendments update the complaint submission provisions to reflect the Board's existing intake processes, including submission in writing or through the agency's online complaint portal, and clarify the information required to initiate an investigation. The amendments remove certain information requirements that may not be reasonably available to complainants and that are not necessary at the initial intake stage. The complaint priority system is also amended to reflect current operational practice. The adopted amendments further clarify investigative timeline and notification requirements to ensure consistency with Texas Occupations Code §§301.204 and 301.457. Finally, the amendments remove language requiring a criminal background check at the preliminary stage of an investigation to accurately reflect current procedure. Criminal background checks remain part of agency practice but are not conducted during the initial intake phase.

Section-by-Section Overview. The adopted amendments revise subsection (a) to consolidate complaint submission requirements and clarify the information collected to initiate or conduct an investigation.

Subsection (b) is amended to retain the currently used complaint priority levels and remove the unused Priority 4 category.

Subsection (c) clarifies that, not later than the 30th day after receipt of a complaint, staff must complete a preliminary investigation to determine the identity of the person named or described in the complaint, if necessary, and to assign complaint priority scheduling, which establishes the projected timeline for case completion.

Subsection (d) clarifies notification requirements consistent with Texas Occupations Code §§301.204 and 301.457, including documentation and communication of projected investigative timelines and any subsequent changes. The reference to §301.457 preserves the Board's statutory authority to withhold notice to a licensee when providing such notice would jeopardize an investigation.

Subsections (e) and (f) remove obsolete language and clarify when an investigation is considered complete and when summary data must be provided to the Executive Director for cases extending beyond established timelines.

Public Comment. No comments were received.

Statutory Authority. These amendments are adopted under the authority of Texas Occupations Code §§301.151 and 301.204. Section 301.151 authorizes the Board to adopt and enforce rules necessary to perform its duties, regulate the practice of professional and vocational nursing, and conduct proceedings before the Board. Section 301.204 requires the Board to adopt rules, policies, and procedures governing the investigation and disposition of complaints. In relevant part, §301.204 requires the Board to distinguish between categories of complaints; establish a schedule for each phase of a complaint not later than the 30th day after receipt; notify parties of projected time requirements and any changes to those timelines; and receive notification of complaints that remain unresolved beyond prescribed timeframes.

Cross Reference to Statute. The following statutes are affected by this adoption: Texas Occupations Code §§301.151, 301.204, and 301.457.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on March 9, 2026.

TRD-202601125

James W. Johnston

General Counsel

Texas Board of Nursing

Effective date: March 29, 2026

Proposal publication date: December 19, 2025

For further information, please call: (512) 305-6879