TITLE 22.EXAMINING BOARDS

Part 12. BOARD OF VOCATIONAL NURSE EXAMINERS

Chapter 239. CONTESTED CASE PROCEDURE

Subchapter A. DEFINITIONS

22 TAC §239.1

The Board of Vocational Nurse Examiners adopts the amendment of §239.1 relating to definitions without changes to the proposed text published in the June 30, 2000, issue of the Texas Register (25 TexReg 6276). The definition for Notice is amended for consistency with other rules in this Chapter that have been amended.

No comments were received relative to the adoption of this rule.

The amendment is adopted under Chapter 302, Texas Occupations Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2000.

TRD-200005326

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 20, 2000

Proposal publication date: June 30, 2000

For further information, please call: (512) 305-8100


Subchapter D. INFORMAL DISPOSITIONS

22 TAC §239.41, §239.42

The Board of Vocational Nurse Examiners adopts the repeal of §239.41 relative to Prehearing Conference and §239.42 relative to Agreed Orders without changes to the proposal as published in the June 30, 2000, issue of the Texas Register (25 TexReg 6277). Section 239.41 was repealed in order to make substantial changes in the wording and to change "Prehearing Conference" to "Informal Conference". Section 239.42 was repealed for renumbering purposes only.

No comments were received relative to the repeal of these rules.

The repeal is adopted under Chapter 302, Texas Occupations Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2000.

TRD-200005328

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 20, 2000

Proposal publication date: June 30, 2000

For further information, please call: (512) 305-8100


22 TAC §§239.41 - 239.51

The Board of Vocational Nurse Examiners adopts new §239.41, 239.42, 239.43, 239.44, 239.45, 239.46, 239.47, 239.48, 239.49, 239.50, 239.51 without changes to the proposed text published in the June 30, 2000, issue of the Texas Register (25 TexReg 6278). The rules are adopted for clarification and consistency relative to default orders.

No comments were received relative to the adoption of these rules.

The rules are adopted under Chapter 302, Texas Occupations Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2000.

TRD-200005329

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 20, 2000

Proposal publication date: June 30, 2000

For further information, please call: (512) 305-8100


Subchapter E. REINSTATEMENT PROCESS

22 TAC §§239.51 - 239.54

The Board of Vocational Nurse Examiners adopts the repeal of §239.51 relative to Application for Reinstatement of License, §239.52 relative to Evaluation for Reinstatement, §239.53 relative to Procedure Upon Request for Reinstatement and §239.54 relative to Board Action Possible Upon Reinstatement without changes to the proposal as published in the June 30, 2000, issue of the Texas Register (25 TexReg 6279). These rules are repealed for renumbering purposes only.

No comments were received relative to the adoption of this repeal.

The repeal of these rules is adopted under Chapter 302, Texas Occupations Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2000.

TRD-200005330

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 20, 2000

Proposal publication date: June 30, 2000

For further information, please call: (512) 305-8100


22 TAC §§239.61 - 239.64

The Board of Vocational Nurse Examiners adopts new §239.61 relative to Application for Reinstatement of License, §239.62 relative to Evaluation for Reinstatement, §239.63 relative to Procedure Upon Request for Reinstatement and §239.64 relative to Board Action Possible Upon Reinstatement without changes to the proposed text published in the June 30, 2000, issue of the Texas Register (25 TexReg). These rules are adopted to replace those repealed for renumbering purposes only. The only changes to language is to replace references to prehearings with informal conferences.

No comments were received relative to the adoption of these rules.

These rules are adopted under Chapter 302, Texas Occupations Code, Subchapter D, Section 302.151 (b), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2000.

TRD-200005331

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 20, 2000

Proposal publication date: June 30, 2000

For further information, please call: (512) 305-8100


Part 16. TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS

Chapter 341. LICENSE RENEWAL

22 TAC §341.8

The Texas Board of Physical Therapy Examiners adopts amendments to §341.8, Inactive status, without changes to the proposed text as published in the May 26, 2000, issue of the Texas Register (25 TexReg 4687), and will not be republished. These amendments clarify instructions for licensees about the inactive status, and streamline agency administrative processes.

These amendments establish that the board charges a fee to go inactive, rather than to return to active status, clarify that a late fee will be charged if the change in status is not completed prior to the license expiration date; clarify that a passing score on the jurisprudence exam is a requirement to return to active status; and correct a misstatement about continuing education requirements.

No comments were received regarding these amendments.

The rule is adopted under the Physical Therapy Practice Act, Title 3, Subtitle H, Chapter 453, Occupations Code, which provides the Texas Board of Physical Therapy Examiners with the authority to adopt rules consistent with this Act to carry out its duties in administering this Act.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on July 31, 2000.

TRD-200005345

John P. Maline

Executive Director

Texas Board of Physical Therapy Examiners

Effective date: August 20, 2000

Proposal publication date: May 26, 2000

For further information, please call: (512) 305-6900