Part 9.
TEXAS STATE BOARD OF MEDICAL EXAMINERS
Chapter 161.
GENERAL PROVISIONS
The Texas State Board of Medical Examiners adopts the repeal of §§161.1-161.5
and new §§161.1-161.13, concerning general provisions, without changes
to the proposed text as published in the December 28, 2001, issue of the
The adoption outlines the purpose and function of the board, clarifies
its organization and structure, and delineates each committee's responsibilities.
The chapter is simultaneously adopted for review elsewhere in this issue of
the
Texas Register
.
No comments were received regarding adoption of the rules.
22 TAC §§161.1 - 161.5
The repeals are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200961
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
22 TAC §§161.1 - 161.13
The new sections are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200962
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
22 TAC §§163.1 - 163.5, 163.9, 163.10
The Texas State Board of Medical Examiners adopts amendments
to §§163.1-163.5, 163.9, and 163.10, regarding the performance and
delivery of medical education, examinations, education and documentation requirements,
relicensure requirements, and the use of the Federation of State Medical Board's
Credentials Verification Service (FCVS), without changes to the proposed text
as published in the December 28, 2001, issue of the
Texas Register
(26 TexReg 10722) and will not be republished.
One comment was received from the Federation of State Medical Boards. The
comment was specifically regarding §163.4(a)(1). The proposed rule says
"If appropriate, applicants are recommended to use the Federation Credentials
Verification Service (FCVS)....." The Federation recommended that the board
encourage the use of the FCVS. The Texas State Board of Medical Examiners
hs decided to keep the original language.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200963
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
22 TAC §§171.1 - 171.7
The Texas State Board of Medical Examiners adopts amendments
to §§171.1-171.7, regarding eligibility and documentation requirements
of Physician in Training Permits and Visiting Professor Permits, without changes
to the proposed text as published in the December 28, 2001, issue of the
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200964
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
The Texas State Board of Medical Examiners adopts the repeal and new §180.1,
regarding the purpose of rehabilitation orders and the factors to be considered
when proposing and determining eligibility for a rehabilitation order, without
changes to the proposed text as published in the December 28, 2001 issue of
the
Texas Register
(26 TexReg 10737). and
will not be republished.
22 TAC §180.1
The repeal is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200965
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
22 TAC §180.1
The new section is adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200966
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
22 TAC §§181.1 - 181.3, 181.5 - 181.7
The Texas State Board of Medical Examiners adopts amendments
to §§181.1-181.3, 181.5-181.7, concerning contact lens prescriptions,
without changes to the proposed text as published in the December 28, 2001,
issue of the
Texas Register
(26 TexReg 10739)
. The sections are amended for general clean-up of the chapter and to update
Occupation Code cites. The rule review for this chapter is being adopted elsewhere
in this issue of the
Texas Register
.
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200967
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
22 TAC §185.4, §185.9
The Texas State Board of Medical Examiners adopts amendments
to §185.4 and §185.9, regarding physician assistants not currently
in active practice and reactivation of an inactive license, without changes
to the proposed text as published in the December 28, 2001, issue of the
No comments were received regarding adoption of the rules.
The amendments are adopted under the authority of the Occupations
Code Annotated, §153.001, which provides the Texas State Board of Medical
Examiners to adopt rules and bylaws as necessary to: govern its own proceedings;
perform its duties; regulate the practice of medicine in this state; and enforce
this subtitle.
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 February 15, 2002.
TRD-200200968
Donald W. Patrick, MD, JD
Executive Director
Texas State Board of Medical Examiners
Effective date: March 7, 2002
Proposal publication date: December 28, 2001
For further information, please call: (512) 305-7016
Chapter 222.
ADVANCED PRACTICE NURSES AND LIMITED PRESCRIPTIVE AUTHORITY
22 TAC §§222.1 - 222.9
The Board of Nurse Examiners adopts the repeals of §§222.1
- 222.9, concerning Advanced Practice Nurses with Limited Prescriptive Authority
without changes to the proposal as published in the November 16, 2001, issue
of the
Texas Register
(26 TexReg 9352). The
Board met on January 24-25, 2002, and voted to repeal Chapter 222 and adopt
new Chapter 222 that addresses advanced practice nurses writing prescriptions
at alternate sites.
The Nursing Practice Act was amended during the 77th Legislative Session
by amending the definition of professional nursing to include the performance
of an act delegated by a physician under sections 157.0541 and 157.0542 of
the Medical Practice Act. The amendments allow advanced practice nurses with
limited prescriptive authority to sign prescription drug orders in alternate
sites where the physician has delegated the authority to do so. In addition,
advanced practice nurses were also granted the authority to sign prescription
drug orders in sites where the Texas State Board of Medical Examiners has
granted a waiver or modification of site or supervisory requirements to the
delegating physician. The repeal of the current rule is necessary to effectuate
these new legislative provisions that are currently in effect.
No comments were received regarding the proposed repeals.
The repeals are adopted under the authority of the Texas Occupations
Code, sections 301.151 and 301.152, that authorizes the Board of Nurse Examiners
to adopt and enforce rules consistent with its legislative authority under
the Nursing Practice Act, including rules relating to registered nurses approved
as advanced practice nurses who exercise limited prescriptive authority.
The repeals affect the Nursing Practice Act, Texas Occupations Code §§301.152
and 301.157 as it pertains to advanced practice nursing.
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 February 14, 2002.
TRD-200200928
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: March 6, 2002
Proposal publication date: November 16, 2001
For further information, please call: (512) 305-6811
22 TAC §§222.1 - 222.10
The Board of Nurse Examiners for the State of Texas adopts
new §§222.1-222.10 relating to Advanced Practice Nurses With Limited
Prescriptive Authority. Section 222.4 is adopted with changes to the proposed
text as published in the November 16, 2001, issue of the
Texas Register
(26 TexReg 9352). Sections 222.1-222.3 and 222.5-222.10
are adopted without changes and will not be republished.
The Nursing Practice Act was amended during the 77th Legislative Session
by amending the definition of professional nursing to include the performance
of an act delegated by a physician under sections 157.0541 and 157.0542 of
the Medical Practice Act. The amendments allow advanced practice nurses with
limited prescriptive authority to sign prescription drug orders in alternate
sites where the physician has delegated the authority to do so. In addition,
advanced practice nurses were also granted the authority to sign prescription
drug orders in sites where the Texas State Board of Medical Examiners has
granted a waiver or modification of site or supervisory requirements to the
delegating physician. The adoption of the new rules are necessary to effectuate
these new legislative provisions that are currently in effect.
The Texas State Board of Pharmacy (TSBP) submitted a comment suggesting
a modification of §222.4, relating to Minimum Standards for Carrying
Out or Signing Prescriptions. The TSBP suggests deleting proposed subsection §222.4(c)(9)(A)
and (B) and replacing it with new subsection (d). The new subsection refers
advanced practice nurses to the appropriate section of the TSBP's rules relating
to generic substitution. The language as originally proposed specifies the
current format for indicating generic substitution. The TSBP indicates that
the Texas Pharmacy Act has been amended, and the new sections of that Act
will become effective June 1, 2002, necessitating an additional change to
Chapter 222 at that time. The Board of Nurse Examiners agrees with the comment
from the TSBP, and the adopted rule reflects a renumbering scheme and nonsubstantive
change in the language for subsection §222.4. By using language that
refers advanced practice nurses to current TSBP rules, the language will accurately
reflect current regulation, regardless of changes to the rule.
The new rules are adopted under the authority of the Texas Occupations
Code, sections 301.151 and 301.152, that authorize the Board of Nurse Examiners
to adopt and enforce rules consistent with its legislative authority under
the Nursing Practice Act including rules relating to registered nurses approved,
or seeking approval, as an advanced practice nurse.
The new rules affect the Nursing Practice Act, Texas Occupations Code,
sections 301.152 and 301.157, as it pertains to advanced practice nursing.
§222.4.Minimum Standards for Carrying Out or Signing Prescriptions.
(a)
General Provisions: The advanced practice nurse with a
valid prescription authorization number:
(1)
shall carry out or sign prescription drug orders for only
those drugs that are:
(A)
classified as dangerous drugs;
(B)
authorized by Protocols or other written authorization
for medical aspects of patient care; and
(C)
prescribed for patient populations within the accepted
scope of professional practice for the advanced practice nurse's specialty
area.
(2)
shall not authorize or issue prescriptions for controlled
substances; and
(3)
shall comply with the requirements for adequate physician
supervision published in the rules of the Board of Medical Examiners relating
to Delegation of the Carrying Out or Signing of Prescription Drug Orders to
Physician Assistants and Advanced Practice Nurses as well as other applicable
laws,
(b)
Protocols or other written authorization shall be defined
in a manner that promotes the exercise of professional judgement by the advanced
practice nurse commensurate with the education and experience of that person.
(1)
A protocol or other written authorization:
(A)
is not required to describe the exact steps that the advanced
practice nurse must take with respect to each specific condition, disease,
or symptom; and
(B)
may state types or categories of medications that may be
prescribed or contain the types or categories of medications that may not
be prescribed.
(2)
Protocols or other written authorization:
(A)
shall be written, agreed upon and signed by the advanced
practice nurse and the physician;
(B)
reviewed and signed at least annually; and
(C)
maintained in the practice setting of the advanced practice
nurse.
(c)
Prescription Information: The format and essential elements
of the prescription shall comply with the requirements of the Texas Board
of Pharmacy. The following information must be provided on each prescription:
(1)
the patient's name and address;
(2)
the name, strength, and quantity of the dangerous drug
to be dispensed;
(3)
directions to the patient regarding taking of the drug
and the dosage;
(4)
the intended use of the drug, if appropriate;
(5)
the name, address, and telephone number of the delegating
physician;
(6)
address and telephone number of the site at which the prescription
drug order was carried out or signed;
(7)
the date of issuance;
(8)
the number of refills permitted; and
(9)
the name, prescription authorization number, and original
signature of the advanced practice nurse signing or co-signing the prescription
drug order.
(d)
Generic Substitution: The advanced practice nurse shall
authorize or prevent generic substitution on a prescription in compliance
with the current rules of the Texas State Board of Pharmacy relating to Generic
Substitution.
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 February 14, 2002.
TRD-200200929
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: March 6, 2002
Proposal publication date: November 16, 2001
For further information, please call: (512) 305-6811
Chapter 371.
EXAMINATIONS
22 TAC §371.1, §371.2
The Texas State Board of Podiatric Medical Examiners adopts
amendments to §371.1 and §371.2, concerning Examinations. Section
371.2 is adopted with changes to the proposed text that was published in the
August 31, 2001, issue of the
Texas Register
(26 TexReg 6532). Section 371.1 is adopted without changes and will not be
republished. Changes to the proposed rule reflect non-substantive variations
from the proposed amendments. The board's legal counsel has advised that the
changes to the proposed rule affect no new persons, entities, or subjects
other than those given notice.
The board, in proposing changes to other sections of Chapter 371 decided
to go through the entire rule and make the necessary changes to include the
Texas Occupations Code numbering system that replaces the old Texas Civil
Statutes.
The changes to the proposed rules that are adopted are as follows: In §371.2(a)
the word "rules" is changed from a capital "R" to a small "r". Also in §371.2(g)(5),
the phrase "Texas Occupations Code, §202 et seq" is changed to read "Texas
Occupations Code, §202.001 et seq".
The amendments are being adopted to make the necessary changes needed to
include the Texas Occupations Code numbering system that replaces the old
Texas Civil Statutes. It will allow the public to find the corresponding statute
more easily.
No comments were received in response to the proposed rule amendments.
The amendments are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted amendments implement Texas Occupations Code, §202.254.
§371.2.Applicant for License.
(a)
Any person who wishes to practice podiatric medicine in
this state, who is not otherwise licensed under law, must successfully pass
an examination given at the Board's direction pursuant to §371.11 of
this title (relating to Scoring and Reporting), and complete the graduate
podiatric medical education requirements as set forth herein, §371.3(f)
of this title (relating to Qualifications of Applicants). One who successfully
completes all the requirements for licensing as set forth in these rules and
who has made payment of all applicable fees shall be awarded a valid license
to practice podiatric medicine in the State of Texas for the term lawfully
stipulated by and under the conditions set forth in these rules, and the Podiatric
Medical Practice Act of Texas, Texas Occupations Code, §202, Subchapter
F.
(b)
Any person who wishes to sit for the examination, shall
submit a written application on a form provided by the Board. The applicant
shall verify by affidavit the information in the application. The Board may
refuse to admit to the examination or grant a license to any applicant who
knowingly submits false information to the Board.
(c)
Applications for examination must be on the Board's application
form printed in ink or typewritten, which shall be furnished by the Board
staff upon request.
(d)
The completed application and required supporting materials
must be received by the Board staff no later than 30 days before the first
day of the examination. The materials supporting the application, such as
transcripts of candidates, shall be received by the Board before the examination.
(e)
The filing of an application and tendering the fee to
the Board staff shall not in any way obligate the Board to admit the applicant
to examination until applicant has been qualified by the Board as meeting
the statutory and regulatory requirements for admission to the examination
for licensing.
(f)
The full examination fee is $250. Only certified check,
Postal Service Money Order or Express Money Order shall be accepted. No examination
fee will be refunded. The examination fee must be received by the Board at
least 15 days before the date the applicant is scheduled to begin the examination.
(g)
Temporary License.
(1)
A temporary license may be granted by the Board to a certified
graduate of an accredited college of podiatric medicine under §371.3(b)
of this title (relating to Qualifications of Applicants) who is enrolled in
an accredited graduate podiatric medical education (gpme) program under §371.3(f)
for a term not to exceed the time the graduate is enrolled in said gpme program.
In no case is said temporary license to be issued for a term to exceed three
years, or renewed in successive years for a time that cumulatively exceeds
three years.
(2)
A temporary license may be granted by the Board to a certified
graduate of an accredited college of podiatric medicine under §371.3(b)
of this title (relating to Qualifications of Applicants) who is enrolled in
a gpme program that is pending accreditation, as defined under §371.3(f)
for a term not to exceed the time the graduate is enrolled in said gpme program.
In no case is said temporary license to be issued for a term to exceed three
years, or renewed in successive years for a time that cumulatively exceeds
four years. It shall be the sole responsibility of the applicant to ascertain
the accreditation status, as defined in §371.3(f) of the applicant's
gpme program.
(3)
A temporary licensee granted a temporary license for the
purpose of pursuing a gpme program in the State of Texas shall not engage
in the practice of podiatric medicine, whether for compensation or free of
charge, outside the scope and limits of the gpme program in which he or she
is enrolled.
(4)
A temporary license granted by the Board for the purpose
of pursuing a gpme program in the State of Texas shall terminate by operation
of law and under these rules at the time and on the day that said temporary
licensee leaves or is terminated from said gpme program. Any successive entry
into a second or further gpme program shall be subject to all laws and rules
and application requirements set forth herein.
(5)
All temporary licensees shall be subject to the same fees
and penalties as all other licensees as set forth in the Podiatric Medical
Practice Act of Texas, Texas Occupations Code, §202.001 et seq., and
subsequent amendments, including §202.153 of said Act, and Chapter 376
of this title (relating to Violations and Penalties), except that temporary
licensees are not subject to any Board rules concerning continuing medical
education.
(6)
Prior to licensure, applicants for a temporary license
must have passed both Part I and Part II of the National Board, and shall
provide written documentation of passing same directly from the National Board
of Podiatric Medical Examiners to the Texas State Board of Podiatric Medical
Examiners.
(h)
Extended Temporary License.
(1)
The Agency's Executive Director may grant the holder of
a current "Texas Temporary License" an "Extended Temporary License", for good
cause. Good cause may include but is not limited to:
(A)
The illness of the holder or a family member for whom the
holder is directly or indirectly responsible.
(B)
A verifiable family emergency.
(C)
An additional residency training issue.
(D)
Additional time needed for he result of the Texas Oral
Exam to be disseminated and for a valid regular license to be issued by the
Board to the holder.
(2)
An Extended Temporary License is an extension of the holder's
Temporary License and shall allow the holder to continue to practice podiatric
medicine for up to an additional three months, with the same responsibilities,
restrictions and conditions of a Temporary License as found in §371.2(g)
of this section.
(3)
The fee for an Extended Temporary License shall be $50
for a three month period.
(4)
An Extended Temporary License may be renewed a maximum
of two times to any holder of a Temporary License. The second renewal shall
be granted only after and upon the agency's Executive Director's determination
that appropriate "good cause" circumstances continue to exist for the re-issuance
of an Extended Temporary License.
(i)
Temporary Faculty License.
(1)
The Board may issue a Temporary Faculty License to a qualified
podiatric physician who at the time of applying for this license has accepted
an appointment to, or is serving as a full-time member of the faculty of an
educational institution in this state including a hospital approved podiatric
residency program, a residency program pending approval, offering an approved
or accredited course of study or training leading to a degree in podiatric
medicine.
(2)
In this subsection (i), the term "qualified podiatric physician"
shall mean one who:
(A)
Is a licensed podiatric physician in good standing in another
state having similar licensing requirements as that of this Board, and;
(B)
Has been in podiatric practice in another state.
(3)
This Temporary Faculty License shall be issued to the holder
in 31 day increments not to exceed 24 periods. The incremental periods wherein
the license is valid need not be contiguous, but rather may be in any arrangement
approved by the Executive Director of the Board.
(4)
The Temporary Faculty License shall authorize the visiting
podiatric physician to practice podiatric medicine only and exclusively within
the teaching confines of the educational institution in this state, hospital
or approved residency program or a program pending approval by the Council
of Podiatric Medical Education of the American Podiatric Medical Association
as a part of the duties and responsibilities assigned by the teaching institution
to the license holder.
(5)
Except for the requirement of passing the Board's Oral
Examination and completing an approved one-year residency program any person
applying for a Temporary Faculty License under this section must comply with
all application, and licensure requirements found in §371.3 and are subject
to the Board's Statute and Rules.
(6)
The holder must sign an oath on a notarized form provided
by the Board swearing that the holder has read and is familiar with the Board's
Statute and Rules; will abide by this Statute and Rules and will be subject
to the disciplinary procedures of the Board.
(j)
Provisional License.
(1)
Requirements for Provisional License. On application for
examination, an applicant may apply for a provisional license under the following
circumstances.
(A)
The applicant must be licensed in good standing as a podiatric
physician in another state, the District of Columbia, or a territory of the
United States that has licensing requirements that are substantially equivalent
to the requirements of the Podiatric Medical Practice Act, subsequent amendments,
and rules and must furnish proof of such licensure on Board forms provided.
(B)
The applicant must have passed a national or other examination
recognized by the Board relating to the practice of podiatric medicine and
must submit a true and correct copy of the applicant's score report.
(C)
The applicant must not have failed an examination for
a license conducted by the Board.
(D)
The applicant's license to practice podiatric medicine
must not have been revoked or suspended in any jurisdiction.
(2)
Sponsorship. An applicant for provisional licensure must
be sponsored by a person currently licensed by the Board for at least five
years and in good standing under the Podiatric Medical Practice Act with the
following conditions applicable.
(A)
Prior to practice in Texas, on forms provided by the Board,
the sponsor licensee will certify to the Board the following:
(i)
that the applicant for provisional licensure will be working
within the same office as the licensee, under the direct supervision of the
sponsor licensee; and
(ii)
that such sponsor licensee is aware of the Act and rules
governing provisional licensure and that the sponsorship will cease upon the
invalidity of the provisional license.
(B)
Sponsor licensee will be held responsible for the unauthorized
practice of podiatric medicine should such provisional license expire.
(3)
Hardship. An applicant for a provisional license may be
excused from the requirement of sponsorship of this rule if the Board determines
that compliance with that subsection constitutes a hardship to the applicant.
(4)
Application and Fee. The Board shall issue a license pursuant
to this rule to the holder of a provisional license if:
(A)
The applicant for provisional licensure will be subject
to all application requirements required by Chapter 371 of this title (relating
to Examinations) and subject to the applicable examination fees established
under §371.2(f) of this title (relating to Examination Fee). In addition,
the applicant will be subject to a fee for issuance of a provisional license.
(B)
No provisional license can be issued until all application
forms and fees are received in the Board office and the application is approved.
(C)
A provisional license expires upon the passage of 180 days
or notice by the Board of the applicant's successful passage or failure of
all examinations required by Chapter 371, whichever comes first. It shall
be the responsibility of the applicant and sponsor to return the provisional
license to the Board office on expiration.
(D)
The applicant's failure to sit for the first scheduled
Board examination following application for examination invalidates the provisional
license, unless in the discretion of the Executive Director sufficient and
reasonable evidence regarding nonappearance exists.
(E)
Each applicant for provisional license shall receive only
one nonrenewable license prior to the issuance of a license.
(F)
If at any time during the provisional licensure period
it is determined that the holder of such provisional license has violated
the Podiatric Medical Practice Act or Board rules, such provisional license
will be subject to disciplinary action including revocation.
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 February 14, 2002.
TRD-200200919
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 6, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 305-7002
22 TAC §371.4, §371.5
The Texas State Board of Podiatric Medical Examiners adopts
amendments to §371.4 and §371.5, concerning Examinations without
changes to the proposed text as published in the August 31, 2001, issue of
the
Texas Register
(26 TexReg 6533). The text
of the rules will not be republished.
The board, in proposing changes to other sections of Chapter 371 decided
to go through the entire rule and make the necessary needed to include the
Texas Occupations Code numbering system that replaces the old Texas Civil
Statutes.
The amendments are being adopted to make the necessary changes needed to
include the Texas Occupations Code numbering system that replaces the old
Texas Civil Statutes. It will allow the public to find the corresponding statute
more easily.
No comments were received in response to the proposed rule amendments.
The amendments are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted amendments have no other implications.
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 February 14, 2002.
TRD-200200920
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 6, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 305-7000
22 TAC §371.6, §371.8
The Texas State Board of Podiatric Medical Examiners adopts
amendments to §371.6 and §371.8, concerning Examinations with changes
to the proposed text that was published in the August 31, 2001, issue of the
The amendments are being adopted to make the necessary changes to include
the Texas Occupations Code numbering system that replaces the old Texas Civil
Statutes and to change the rules for the administration of the examination
from an oral to a jurisprudence exam.
The changes to the proposed rules that are adopted are as follows: In §371.6(a)
the word "Podiatric" is changed to "podiatric" throughout the section. Also,
in §371.8(c) the word "reflects" is changed to "reflect" and the word
"boards" is changed to "board" in the first sentence.
The amendments make the necessary changes to allow the board to administer
a jurisprudence examination instead of an oral examination.
No comments were received in response to the proposed rule amendments.
The amendments are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted amendments implement Texas Occupations Code, §202.254.
§371.6.Administration of Examination
(a)
Examinations administered by the board for licensure -
To be eligible for licensure an applicant must sit for and pass the Texas
Podiatric medical jurisprudence examination administered by the board. The
board shall administer the Texas Podiatric medical jurisprudence examination
at times and places as designated by the board.
(b)
All candidates shall be provided a candidates handbook
that shall explain detailed information about the examination process prior
to exam administration
(c)
Candidates shall not be permitted to bring any help into
the examination room, or to communicate by word or sign with another examinee
while an examination is in progress without permission of the presiding examiner
and within the hearing of a designated representative of the Board; nor shall
the examinee leave the examination room except when permitted by the presiding
examiners and accompanied by a member or an employee of the Board.
(d)
A license shall not be issued to any person who has been
detected in a deceptive, dishonest or fraudulent act while taking an examination
required by the Board.
(e)
At the option and in the complete discretion of the Board,
the examination may be conducted, in whole or in part, upon a vote of a majority
of the Board, by any school, institute, or organization that is deemed by
the same majority of the Board to provide adequate and fair examinations of
sufficient high standards as to continue to insure high quality practitioners
in the State of Texas. The manner of examination, the time of examination
and the scheduling of the examination, as well as fee requirements and grading
operations may then be delegated by the Board to such an entity, provided,
however, that examination results, grades and copies of the examination are
made available to the Board and are sent directly from the delegated entity
to the Board, and the Board is to maintain a record of the examination results.
§371.8.Exam Development Committee.
(a)
The Exam Development Committee members shall consist of
podiatric physicians licensed in the State of Texas and independent testing
professional(s) contracted by the Board.
(b)
The Board shall establish the qualifications for membership
to the Exam Development Committee.
(c)
The Exam Development Committee shall construct examinations
from the committee's test specifications which reflects knowledge of the boards
rules which govern the practice of podiatric medicine in Texas.
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 February 14, 2002.
TRD-200200921
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 6, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 305-7000
22 TAC §371.9, §371.10
The Texas State Board of Podiatric Medical Examiners adopts
the repeal of §371.9 and §371.10, concerning Administration of Examination
and Skill Examiners without changes to the proposed repeal that was published
in the August 31, 2001, issue of the
Texas Register
(26 TexReg 6534). The text of the rules will not be published.
The repeals delete rules that will no longer be needed when the new Jurisprudence
examination begins.
No comments were received in response to the proposed repeals.
The repeals are adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted repeals have no other implications.
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 February 14, 2002.
TRD-200200922
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 6, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 305-7000
22 TAC §371.11, §371.13
The Texas State Board of Podiatric Medical Examiners adopts
amendments to §371.11 and §371.13, concerning Examinations without
changes to the proposed text that was published in the August 31, 2001, issue
of the
Texas Register
(26 TexReg 6533). The
text of the rules will not be published.
The amendments are being adopted to make the necessary changes to include
the Texas Occupations Code numbering system that replaces the old Texas Civil
Statutes and to change the rules for the administration of the examination
from an oral to a jurisprudence exam.
No comments were received in response to the proposed rule amendments.
The amendments are being adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted amendments implement Texas Occupations Code, §202.254.
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 February 14, 2002.
TRD-200200923
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 6, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 305-7000
22 TAC §376.2, §376.21
The Texas State Board of Podiatric Medical Examiners adopts
amendments to §376.2, concerning Administrative Penalties and new §376.21,
regarding Definitions without changes to the proposed text that was published
in the August 31, 2001, issue of the
Texas Register
(26 TexReg 6534). The text of the rules will not be republished.
The board created a new system for investigations that includes a pool
of podiatric medical reviewers who review the complaints. A new rule was needed
to include these individuals in the definition of investigator. Also, in §376.2,
changes were made to include the Texas Occupations Code numbering system that
replaces the old Texas Civil Statutes.
The sections are being adopted to make the necessary changes to include
the Texas Occupations Code numbering system that replaces the old Texas Civil
Statutes and to add a definition for investigator that includes the new podiatric
medical reviewers.
No comments were received in response to the proposed amendment and new
rule.
The amendment and new rule are adopted under Texas Occupations
Code, §202.251, which provides the Texas State Board of Podiatric Medical
Examiners with the authority to adopt reasonable or necessary rules and bylaws
consistent with the law regulating the practice of podiatry, the law of this
state, and the law of the United States to govern its proceedings and activities,
the regulation of the practice of podiatry and the enforcement of the law
regulating the practice of podiatry.
The adopted amendment and new rule implements Texas Occupations Code, §202.204
and affects all of Chapter 376 regarding Violations and Penalties.
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 February 14, 2002.
TRD-200200924
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 6, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 305-7000
22 TAC §379.1
The Texas State Board of Podiatric Medical Examiners adopts
an amendment to §379.1, concerning Fees with changes to the proposed
text that was published in the August 31, 2001, issue of the
Texas Register
(26 TexReg 6535). Changes to the proposed rule reflect
non-substantive variations from the proposed amendments. The board's legal
counsel has advised that the changes to the proposed rule affect no new persons,
entities, or subjects other than those given notice.
The board must raise its renewal fee to cover costs as mandated by the
2002-2003 Appropriations Bill. The bill states that we must raise additional
revenue above and beyond what we already collect to receive the additional
funding necessary to support the needs of our agency.
The changes to the proposed rule that is adopted are as follows: In §379.1(a)
the last two words "and regulations" is being deleted. Also in §379.1(b)(8)
the phrase "Chapter 202, §301(d)" is being replaced with "§202.301(d)".
The rule increases the renewal fee for podiatric physicians to $425.00
per year.
No comments were received in response to the proposed rule amendments.
The amendments are adopted under Texas Occupations Code, §202.151,
which provides the Texas State Board of Podiatric Medical Examiners with the
authority to adopt reasonable or necessary rules and bylaws consistent with
the law regulating the practice of podiatry, the law of this state, and the
law of the United States to govern its proceedings and activities, the regulation
of the practice of podiatry and the enforcement of the law regulating the
practice of podiatry.
The adopted amendment implements the Texas Occupations Code §202.153.
§379.1.Fees
(a)
The fees set by the Board and collected by the Board must
be sufficient to meet the expenses of administering the Podiatric medical
Practice Act, subsequent amendments, and the applicable rules.
(b)
Fees are as follows:
(1)
Examination--$250
(2)
Re-Examination--$250
(3)
Temporary License--$125
(4)
Provisional License--$125
(5)
Class II Temporary License--$50
(6)
Temporary Faculty License--$40
(7)
Renewal--$425
(8)
Renewal Penalty as specified in Texas Occupations Code, §202.301(d).
(9)
Non certified podiatric technician registration--$25
(10)
Non certified podiatric technician renewal--$25
(11)
Duplicate License--$50
(12)
Copies of Public Records.--The charges to any person requesting
copies of any public record of the Board will be the charge established by
the General Services Commission. The Board may reduce or waive these charges
at the discretion of the Executive Director if there is a public benefit.
(13)
Statute and Rule Notebook--provided at cost to the agency.
(14)
Copy of CME printout--$5
(15)
Duplicate Certificate--$10
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 February 14, 2002.
TRD-200200925
Janie Alonzo
Staff Services Officer III
Texas State Board of Podiatric Medical Examiners
Effective date: March 6, 2002
Proposal publication date: August 31, 2001
For further information, please call: (512) 305-7000
Chapter 535.
PROVISIONS OF THE REAL ESTATE LICENSE ACT
Subchapter E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) adopts an amendment
to §535.51, concerning general requirements for a real estate license
without changes to the proposed text as published in the December 21, 2001,
issue of the
Texas Register
(26 TexReg 10480).
The amendment adopts by reference a modified Application for Moral Character
Determination. The application is filed by a person who wishes to have TREC
determine whether the person's moral character satisfies requirements for
licensing or registration, that is, whether the person would transact business
with honesty, trustworthiness and integrity. The form is modified to caution
the person that it should not be filed at the same time as an application
for a license or if the person has already filed an application for a license,
since an issue of the person's moral character would also be resolved by the
filing of an application for a license. Since the application for moral character
determination is a part of the licensing process, the form is also modified
to advise the person filing the application that it is mandatory that the
person supply TREC with the person's Social Security number. The number is
used to enforce child support orders under the Texas Family Code, §231.302.
A question relating to disciplinary actions by another licensing agency is
modified to include whether the person has been placed on probation by another
agency. Minor language changes were made to make the application more consistent
with other TREC license application forms now in use.
No comments were received regarding the proposal.
The amendment is adopted under Texas Civil Statutes, Article
6573a, §5(h), which authorizes the Texas Real Estate Commission to make
and enforce all rules and regulations necessary for the performance of its
duties.
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 February 12, 2002.
TRD-200200885
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: March 4, 2002
Proposal publication date: December 21, 2001
For further information, please call: (512) 465-3900
Chapter 651.
FEES
Chapter 163.
LICENSURE
Chapter 171.
POSTGRADUATE TRAINING PERMITS
Chapter 180.
REHABILITATION ORDERS
Chapter 181.
CONTACT LENS PRESCRIPTIONS
Chapter 185.
PHYSICIAN ASSISTANTS
Part 11.
BOARD OF NURSE EXAMINERS
Chapter 222.
ADVANCED PRACTICE NURSES WITH LIMITED PRESCRIPTIVE AUTHORITY
Part 18.
TEXAS STATE BOARD OF PODIATRIC MEDICAL EXAMINERS
Chapter 376.
VIOLATIONS AND PENALTIES
Chapter 379.
FEES AND LICENSE RENEWAL
Part 23.
TEXAS REAL ESTATE COMMISSION
Part 28.
EXECUTIVE COUNCIL OF PHYSICAL THERAPY AND OCCUPATIONAL THERAPY EXAMINERS