Part 9. TEXAS STATE BOARD OF MEDICAL EXAMINERS

Chapter 185. PHYSICIAN ASSISTANTS

22 TAC §185.16

The Texas State Board of Medical Examiners adopts an amendment to §185.16, concerning Supervising Physician, without changes to the proposed text as published in the March 1, 2002, issue of the Texas Register (27 TexReg 1430) and will not be republished.

The amendment is necessary to prohibit a physician assistant from being supervised by a physician under a board order.

One comment was received from the Texas Academy of Physician Assistants in support of the rule.

The amendment 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 April 19, 2002.

TRD-200202441

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 2002

Proposal publication date: March 1, 2002

For further information, please call: (512) 305-7016

22 TAC §§189.1 - 189.14

The Texas State Board of Medical Examiners adopts new §§189.1-189.14, concerning Compliance Program, without changes to the proposed text as published in the March 1, 2002, issue of the Texas Register (27 TexReg 1430) and will not be republished.

The new chapter contains requirements and responsibilities for probationers and the system for monitoring a probationer's compliance.

No comments were received regarding adoption of the rules.

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 April 19, 2002.

TRD-200202442

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 2002

Proposal publication date: March 1, 2002

For further information, please call: (512) 305-7016

22 TAC §193.6

The Texas State Board of Medical Examiners adopts an amendment to §193.6, concerning designation of prescriptive authority to alternate practice sites, without changes to the proposed text as published in the March 1, 2002, issue of the Texas Register (27 TexReg 1434) and will not be republished.

The amendment is necessary as a result of SB 1166.

One comment was received from the Texas Nurses Association (TNA). TNA recommends: 1) that the language in §§193.6(c)(2), (d)(2), and (e)(1) not be changed so it remains "a physician licensed by the board may delegate" and 2) that the wording of §193.6(b)(1) be conformed to the other sections so it reads "At a site serving medically underserved populations a physician licensed by the board may delegate". Following consideration of the comments, the board determined that the change proposed by the Texas Nurses Association would not enhance the rule; therefore the rule was adopted without change.

The amendment 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 April 19, 2002.

TRD-200202443

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: May 9, 2002

Proposal publication date: March 1, 2002

For further information, please call: (512) 305-7016

Chapter 223. FEES

22 TAC §223.1

The Board of Nurse Examiners adopts an amendment to 22 TAC §223.1, concerning Fees, with two changes to the proposed text published int the Texas Register on March 15, 2002, at (27 TexReg 1968). This section establishes the fees necessary for the administration of the Board's functions. On July 20, 2001, the Board originally met and approved increased fees to fund the Board's appropriation. The 77th Legislature in Rider 2 of the Fiscal Year 2002-2003 Appropriations Act approved budget appropriations for the Board contingent on those appropriations being paid through Board fee collections. The fees were originally adopted on an emergency basis in order to comply with the legislative mandate to cover all appropriations through fees (26 TexReg 6071). The amendment became effective August 6, 2001, and the fees were applied beginning September 1, 2001. On December 4, 2001, the emergency adoption expired without the fees being subsequently proposed and adopted on a permanent basis. The amendment was subsequently proposed again with additional online renewal fees on March 15, 2002. On March 12, 2002, the Board approved the amendment with one fee change on an emergency basis which became effective upon filing with the Texas Register on April 4, 2002.

In addition to the necessary fees for revenue, the proposed amendment increased the renewal fee for registered nurses (RNs) by $2 and for Advanced Practice Nurses (APNs) by $4 to cover the Board's participation in the Texas Online Project beginning May 1, 2002. In subsection (a), paragraph (14), the APN's renewal fee should have reflected only a $2 increase. When a nurse renews his/her RN license and his/her APN certification, the total increase will be $4. Subsection (a), paragraph (7) contains an updated reference to the codified statute. Section 2054.252 of the Texas Government Code creates the Texas Online Authority and the Texas Online Project. The legislation encourages the Board and other licensing agencies to participate in the project. Subsection (d) of § 2054.2606 authorizes the Texas Online Authority to set the amount of fee that a participating licensing agency may charge its license holders. The increase in fees must be in effect in order to raise the necessary revenue for fiscal year 2002 and to offset the additional administrative costs incurred by the Board from its participation in the Texas Online Project.

No comments were received regarding adoption of the amendment.

This amendment is proposed under § 301.151 of the Texas Occupations Code which provides the Board of Nurse Examiners with the authority and power to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it.

§223.1.Fees.

(a) The Board of Nurse Examiners has established reasonable and necessary fees for the administration of its functions.

(1) initial licensure fee - $65; (2/99)

(2) duplicate or substitute license - $20; (2/99)

(3) duplicate or substitute permanent certificate - $20; (2/99)

(4) duplicate permit - $5.00; (11/85)

(5) endorsement - $125; (5/02)

(6) licensure (each biennium) - $47; (5/02)

(7) issuance of a temporary permit under § 301.258 - $15 (5/86)

(8) reactivating from inactive status:

(A) less than four years - $5.00;

(B) more than four years - $10; (11/85)

(9) accreditation of new schools and programs - $150; (11/85)

(10) filing of affidavits in re-change of name - no charge; (11/85)

(11) verification of records - $20; (2/99)

(12) bad checks - $15; (11/85)

(13) late fee for re-registration:

(A) less than 90 days - $45; (11/90)

(B) more than 90 days - $90; (11/90)

(14) Advanced Practice Nurse - initial credentials - $75; (5/02)

(15) declaratory order of eligibility - $150; (5/02)

(16) eligibility determination - $150; (5/02)

(17) docketing fee in non disciplinary matters - $600; (12/93)

(18) Registered Nurse, Retired - $10; (12/93)

(19) Advanced Practice Nurse renewal - $52; (5/02)

(20) Initial Prescriptive Authority - $25; (10/97)

(21) outpatient anesthesia registry renewal - $35; (9/00)

(22) outpatient anesthesia inspection and advisory opinion - $625; (9/00)

(b) all fees are non-refundable. (2/99)

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 April 19, 2002.

TRD-200202421

Kathy Thomas

Executive Director

Board of Nurse Examiners

Effective date: May 9, 2002

Proposal publication date: March 15, 2002

For further information, please call: (512) 305-6823