Part 11.
BOARD OF NURSE EXAMINERS
Chapter 217.
LICENSURE, PEER ASSISTANCE AND PRACTICE
22 TAC §217.18
The Board of Nurse Examiners proposes an amendment to 22
TAC §217.18, concerning Registered Nurse First Assistants. House Bill
803, passed in the 77th Legislative Session (2001), amended the Nursing Practice
Act by adding §301.1525. The section defined a "nurse first assistant"
as a registered nurse who is certified in perioperative nursing by an organization
recognized by the Board and has completed a nurse first assistant program
approved by an organization recognized by the Board. The new section also
granted the Board authority to develop rules relating to RNFAs. At the January
2002 meeting, Board members adopted §217.18 that became effective on
March 13, 2002. The adoption of this rule lead to numerous inquiries from
interested parties regarding the content of the rule. Many of the inquiries
were from registered nurses who do not meet the educational and/or certification
requirements specified in the Nursing Practice Act and reiterated in the rule.
Many of these individuals and their employers maintained that the requirements
only applied to those RNs who wished to use the RNFA title or who wanted to
be reimbursed for first assistant services.
Board staff further discussed the issue and maintained the interpretation
that §301.1525 and §217.18 applied to all RNs who elect to function
as first assistants. Nothing in the language implied the restriction of its
application to the use of the RNFA title or to reimbursement. Staff have maintained
that §301.1525 and the rule were consistent with the educational and
certification requirements in the Board's previous position on the issue of
first assisting (adopted 1/1995). Staff developed additional written clarification
of their interpretation for the Board's consideration. The Board adopted this
interpretive statement at its July 2002 meeting.
At the October 2002 meeting, the Board was approached by representatives
from the Texas Nurses Association (TNA), Texas Hospital Association (THA),
Texas Council of periOperative RNs (TCORN), and the Texas RNFA Network with
requests to amend the rule to permit those RNs who do not meet the criteria
specified in the rule and the Nursing Practice Act to continue to perform
functions and activities that are most associated with the role of the first
assistant. The request was made on behalf of the large number of registered
nurses who have been functioning as first assistants who do not meet the criteria
and indicate that they were unfamiliar with the Board's 1995 policy relating
to RNFAs. In addition, facilities expressed concern that these individuals
could not first assist based on the language in the rule and Nursing Practice
Act. The nursing community expressed concern that RNs may be removed from
the assistant role and may be replaced by less qualified personnel. The Board
granted this request and amended the rule by adding alternative criteria that
allowed RNs to continue providing these services through January 1, 2005.
In the 78th Regular Legislative Session (2003), HB 2131 further amended
the Nursing Practice Act by adding §301.1526 and §301.1527. The
new sections provide an alternative for RNs who do not meet the criteria for
RNFAs to "directly assist" in surgery. The new sections also provide a definition
for "directly assist" by listing functions that may/may not be performed by
RNs in this role. It should be noted that §301.1526, relating to certain
RNs who directly assist in surgery, is only in effect from September 1, 2003
through January 1, 2007. Section 301.1527, relating to certain RNs who directly
assist in surgery in small hospitals does not become effective until January
1, 2007. Based on these amendments to the Nursing Practice Act, staff propose
amending §217.18.
Kathy Thomas, Executive Director, has determined that for the first five-year
period the proposed amendment is effective there will be no known fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Ms. Thomas has determined that the public benefit for the first five-year
period of amending the rule is allowing RNs to directly assist in the operating
room setting without initially meeting the RNFA criteria. The changes increase
the number of hours of experience required for RNs to directly assist. Although
RNs in small hospitals may continue to directly assist after January 1, 2007,
those RNs who provide these services in settings that do not qualify as small
hospitals must meet the RNFA criteria in order to continue providing those
services after that date. It is anticipated that, in the future, a fee will
be imposed on those RNFAs required to comply with this rule as proposed to
cover administrative costs.
Comments on the proposed amendment may be submitted in writing to Kathy
Thomas, Executive Director, Board of Nurse Examiners for the State of Texas,
333 Guadalupe, Suite 3-460, Austin, Texas 78701. Comments will be accepted
and considered for 30 days following the publication of this proposal in the
The amendment is proposed under the authority of Texas Occupations
Code, §301.151 and §301.1525, 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
seeking approval of RNFAs.
The proposed amendment affects the Nursing Practice Act, Texas Occupations
Code, §§301.1525, 301.1526, and 301.1527.
§217.18.Registered Nurse First Assistants.
(a)
Qualifications for registered nurse first assistants (RNFAs):
(1)
A registered nurse who wishes to function as a first assistant
(RNFA) in surgery shall
meet the following criteria:
[
(A)
Current licensure as a registered nurse in the State of
Texas or reside in any party state and hold a current, valid registered nurse
license in that state;
(B)
Current national certification (CNOR) in perioperative
nursing; and
(C)
Completion of a nurse first assistant educational program
approved by an organization recognized by the Board; or
(D)
Current certification as a registered nurse first assistant
(CRNFA) by a national certifying body recognized by the Board.
[
(2)
[
(3)
[
(b)
Registered nurses directly assisting in surgery.
(1)
A registered nurse not qualifying under subsection
(a) of this section may
directly assist a physician, physician's group,
podiatrist, or dentist to perform surgery
[
(A)
[
(B)
Has, before September 1, 2003,
directly assisted the physician, physician's group, podiatrist, or dentist
to perform surgery for 2,500 or more hours;
(C)
Assists under the direct personal
supervision and in the physical presence of the physician, physician's group,
podiatrist, or dentist in the same sterile field; and
(D)
Is employed by the physician,
physician's group, podiatrist, or dentist or by a hospital licensed under
Chapter 241, Texas Health and Safety Code.
(2)
In this subsection, "directly
assisting in surgery":
(A)
Includes the following functions:
(i)
Holding a retractor;
(ii)
Grasping tissue;
(iii)
Using a suction device;
(iv)
Sponging a wound; and
(v)
Following a suture while the physician, physician's
group, podiatrist, or dentist sews tissue; and
(B)
Does not include the following functions:
(i)
Making an incision;
(ii)
Inserting a laparoscopic trocar;
(iii)
Tying a suture; or
(iv)
Placing a suture or staple.
[
(3)
A registered nurse, physician,
physician's group, podiatrist, or dentist, or the facility at which surgery
is performed under this section, may not separately bill the services of the
registered nurse to the patient or to any third-party insurer.
[
(4)
A registered nurse to whom
this section applies may not use:
(A)
The title "nurse first assistant" or "registered
nurse first assistant";
(B)
The abbreviation "R.N.F.A."; or
(C)
Any other title or abbreviation that implies
to the public that the person is qualified as a registered nurse first assistant
under subsection (a).
[
[
[
(5)
A registered nurse who directly
assists in surgery shall know and conform to the Texas Nursing Practice Act;
current Board rules, regulations, and standards of professional nursing; and
all federal, state and local laws, rules, and regulations affecting his/her
practice.
[
(6)
This subsection expires January
1, 2007.
(c)
Registered nurses directly
assisting in surgery in small hospitals.
(1)
In this subsection, "small hospital" means a
hospital licensed under Chapter 241, Texas Health and Safety Code, that has
100 or fewer beds.
(2)
This subsection does not apply to a registered
nurse who qualifies as a registered nurse first assistant under subsection
(a) of this section.
(3)
A registered nurse to whom this section applies
may directly assist a physician, physician's group, podiatrist, or dentist
to perform surgery at a small hospital if the nurse:
(A)
Has current licensure as a registered nurse
in the State of Texas or resides in any party state and holds a current, valid
registered nurse license in that state;
(B)
Has, before September 1, 2003, directly assisted
the physician, physician's group, podiatrist, or dentist to perform surgery
for 2,500 or more hours;
(C)
Assists under the direct personal supervision
and in the physical presence of the physician, physician's group, podiatrist,
or dentist in the same sterile field; and
(D)
Is employed by the physician, physician's group,
podiatrist, or dentist or by the small hospital.
(4)
In this section, "directly assisting in surgery":
(A)
Includes the following functions:
(i)
Holding a retractor;
(ii)
Grasping tissue;
(iii)
Using a suction device;
(iv)
Sponging a wound; and
(v)
Following a suture while the physician, physician's
group, podiatrist, or dentist sews tissue; and
(B)
Does not include the following functions:
(i)
Making an incision;
(ii)
Inserting a laparoscopic trocar;
(iii)
Tying a suture; or
(iv)
Placing a suture or staple.
(5)
A registered nurse, physician, physician's group,
podiatrist, or dentist, or the facility at which surgery is performed under
this section, may not separately bill the services of the registered nurse
to the patient or to any third-party insurer.
(6)
A registered nurse to whom this section applies
may not use:
(A)
The title "nurse first assistant" or "registered
nurse first assistant";
(B)
The abbreviation "R.N.F.A."; or
(C)
Any other title or abbreviation that implies
to the public that the person is qualified as a registered nurse first assistant
under subsection (a).
(7)
This subsection takes effect January 1, 2007.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 4, 2003.
TRD-200304711
Katherine Thomas
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 305-6823
22 TAC §223.1
The Board of Nurse Examiners proposes amendments to §223.1,
concerning Fees. These fee increases are necessary in order to meet the funding
goals necessary for appropriations required to support legislative requisites
and to raise additional revenue to defray escalating costs of the Board's
newsletter,
RN Update
. The most substantial
fee increases are due to three bills passed by the 78th Regular Session and
the 78th First Called Session. The three bills are House Bill 3126 (Workforce
Data Center), House Bill 2985 (Office of Patient Protection), and House Bill
2208 (FBI Background Checks).
House Bill 3126 was passed for the purpose of addressing the nursing shortage
and encouraging individuals to enter the nursing field by authorizing larger
Texas Grants to nursing students. This grant money is to come from the Tobacco
Lawsuit Fund. The Board is required to increase the RNs' renewal fees by $3.00
to fund a nursing resource section of a workforce data center which will be
managed by the Statewide Health Coordinating Council. The fee specifically
will fund a nursing resource section within the center for the collection
and analysis of educational and employment trends for nurses in this state.
The Board is to receive an analysis of these funds in an annual accounting.
The effective date of this bill was June 20, 2003, so this fee will also be
adopted on an emergency basis effective September 1, 2003.
House Bill 2985 establishes an Office of Patient Protection (OPP) within
the Health Professions Council for the purpose of providing public information
about the complaint process at each health occupational licensing agency,
increasing public awareness of a telephone complaint system and the sanction
processes of each agency, and adopting a standard complaint form for each
licensing agency to use. Each of the health professional agencies involved
are to add a $5 fee increase to initial licensure fees and to add $1.00 each
year to the renewal fee to each licensee to pay for this service. Since the
Board requires renewal biannually, the renewal fee would increase by $2.00.
The funds for this bill were not appropriated during the 78th Regular Legislative
Session, but in an attempt to remedy this oversight, House Bill 74 has been
introduced during the 78th First Called Special Session which would appropriate
the necessary fees to fund the administration of the OPP. Final action on
House Bill 74 is still pending. If the appropriations are not approved in
the 78th Second Called Special Session and the OPP is not funded, revisions
will be made in the adoption of this rule.
House Bill 2208 allows the Board to request and receive the Department
of Public Safety's (DPS) and the Federal Bureau of Investigation's (FBI) criminal
history information of applicants for licensure as a registered nurse and
of currently licensed registered nurses seeking to renew their licenses. The
Board was granted the authority to require these nurses to submit a complete
and legible set of fingerprints to the Board so the necessary information
can be obtained from DPS and the FBI. The appropriated funds for this procedure,
however, were only for nurses on initial licensure due to the overwhelming
burden on this agency's administrative overhead. The fee increase, therefore,
will be applicable only to initial applicants and not to nurses seeking renewal.
The costs incurred by DPS and the FBI total $39 which will be passed on to
the nursing candidates seeking licensure, so the initial licensure fees will
increase from $65 to $104. The Board is to start collecting the fees effective
September 1, 2003, so this fee will also be adopted on an emergency basis
effective September 1, 2003.
In addition to the legislatively required fee increases, a $1.00 fee increase
to be added to the renewal fee to help defray the costs of the
RN Update
. The
RN Update
was originally
funded by legislative action effective September 1993. The fee for the newsletter
has not been increased since that time in spite of escalating costs. The requested
fee increase is to cover these additional costs in response to requisite budget
cuts and to offset the costs of the newsletter. In order to raise crucial
revenue to counter budget cuts, this fee increase will also be adopted on
an emergency basis effective September 1, 2003.
Katherine A. Thomas, MN, RN, Executive Director, has determined that the
rule amendment is necessary to cover legislative requirements and to offset
agency costs. Other than the increase in fees for registered nurses and applicants,
there will be no fiscal implications for state or local government for the
first five-year period as a result of enforcing or administering the amended
rule. Any associated costs the agency may incur as a result of implementing
the fees will be absorbed by the agency.
Ms. Thomas has determined that the public benefit for the first five-year
period of the proposed amendment is that the Board will be better able to
fulfill its mission of protecting the public (criminal background checks and
Office of Patient Protection), facilitating a viable nurse force for the future
(workforce data center), and keeping professional nurses informed of events
that affect their practice (
RN Update
). There
will be no cost to small businesses but the amended rule will affect all applicants
applying for initial licensure or endorsement, and all currently licensed
registered nurses upon renewal of their licenses.
Written comments on the proposal may be submitted to Katherine A. Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, P.O. Box 430, Austin,
Texas 78767-0430.
The amendments are 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.
No other rules, codes, or statues will be affected by this proposed amendment.
§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
; effective January 1, 2004,
$70.00
; (2/99)
(2) - (4)
(No change.)
(5)
endorsement--$125
; effective January 1, 2004, $130.00
; (5/02)
(6)
licensure (each biennium)--
$51.00; effective January
1, 2004, $53.00
[
(7) - (22)
(No change.)
(23)
Federal Bureau of Investigations (FBI)
and Department of Public Safety (DPS) criminal background check for initial
licensure applicants and endorsement applicants--$39.
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 30, 2003.
TRD-200304637
Katherine Thomas
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 305-6823
Chapter 329.
LICENSING PROCEDURE
22 TAC §329.1
The Texas Board of Physical Therapy Examiners proposes an
amendment to §329.1, General Licensure Requirements and Procedures. The
amendment will mean that graduates of physical therapy programs accredited
by the Commission on Accreditation of Physical Therapy Education (CAPTE) are
no longer required to submit additional transcripts as proof of 60 hours of
general education when they apply for a Texas license.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that, for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be a more efficient licensure process. There will be no effect
on small businesses, and no economic cost to persons having to comply is anticipated.
Comments on the proposed amendment may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendment is proposed 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.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
amendment.
§329.1.General Licensure Requirements and Procedures.
(a)
Requirements. All applications for licensure shall include:
(1)
a completed, notarized board application form with a recent
color photograph of the applicant;
(2)
the non-refundable application fee as set by the executive
council;
(3)
a successfully completed board jurisprudence exam on the
Texas Physical Therapy Practice Act and board rules; and
(4)
documentation of academic qualifications.
(A)
For applicants who completed their physical therapy education
in the U.S., the documentation required is:
(i)
an official transcript showing completion of an accredited
physical therapy or physical therapist assistant program, as provided in §453.203
of the Act[
(ii)
a photocopy of the diploma or certificate awarded, showing
graduation from a PT or PTA program; or
(iii)
a statement signed by the program director or other authorized
school official, with the school seal affixed, stating that the applicant
has successfully completed the PT or PTA program.
(B)
For applicants who completed their physical therapy education
outside of the U.S., the documentation required is set out in §329.5
of this title (relating to Licensing Procedure for Foreign-trained Applicants).
(b)
Licensure by examination. If an applicant has not passed
the national licensure exam, the applicant must also meet the requirements
in §329.2 of this title (relating to Licensure by examination).
(c)
Licensure by endorsement. If the applicant is licensed
as a PT or PTA in another state or jurisdiction of the U.S., the applicant
must also meet the requirements as stated in §329.6 of this title (relating
to Licensure by endorsement).
(d)
Application expiration. An application for licensure is
valid for one year after the date it is received by the board.
(e)
False information. An applicant who submits an application
containing false information may be denied licensure by the board.
(f)
Rejection. Should the board reject an application for licensure,
the reasons for the rejection will be stated. The applicant may submit additional
information and request reconsideration by the board. If the applicant remains
dissatisfied, a hearing may be requested as specified in the Act, §453.352.
(g)
Changes to licensee information. Applicants and licensees
must notify the board in writing of changes in residential and business address
within 30 days of the change. For a name change at time of renewal, the licensee
must submit a copy of the legal document enacting the name change with the
renewal application.
(h)
Replacement copy of license. The board will issue a copy
of a license to replace one lost or destroyed upon receipt of a written request
and the appropriate fee from the licensee. The board will issue a new original
license after a name change upon receipt of a written request, the appropriate
fee, and a copy of the legal document enacting the name change.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 28, 2003.
TRD-200304562
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 305-6900
22 TAC §§347.2, 347.4, 347.5, 347.9, 347.12
The Texas Board of Physical Therapy Examiners proposes amendments
to §347.2, Requirement for Practice Setting of Licensees; §347.4,
Requirements for Registration Application; §347.5, Requirements for Registered
Facilities; §347.9, Renewal of Registration; and §347.12, Restoration
of Registration. The amendments will expand the role of the facility owner
in registration procedures; change ownership types and ownership information
required for registration; require synchronization of primary and additional
facility renewals; require that a facility registering for the first time
be registered before the first treatment takes place; offer renewal options
to facilities without a physical therapist at the time of renewal; offer registration
cancellation options to facilities no longer providing services; change the
amount of time allowed for reporting registration information changes to the
board; eliminate the registration of more than one facility at a single site
by the same owner; eliminate unnecessary or redundant rules; and move requirements
regarding change of ownership to a new section.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rules are in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rules.
Mr. Maline also has determined that, for each year of the first five years
the rules are in effect, the public benefit anticipated as a result of enforcing
the rules will be greater efficiencies for the agency and registrants. There
will be little or no effect on small businesses, and little or no economic
cost to persons having to comply is anticipated.
Comments on the proposed amendments may be submitted to Nina Hurter, PT
Coordinator, Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite
2-510, Austin, Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The amendments are proposed 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.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by these
amendments.
§347.2.Requirement for Practice Setting of Licensees.
All licensees of this Act who practice in Texas can practice only in
registered facilities or in practices or facilities that are exempted by the
Act and rules. A facility shall not be required to register under this section
if such facility or any person providing health care services at the facility
does not perform or hold itself or themselves out as performing or offering
to perform physical therapy [
§347.4.Requirements for Registration Application.
(a)
Each registration application must include:
(1)
name of the facility;
(2)
physical/street address of the facility;
(3)
mailing address, if different from the street address;
(4)
type of ownership;
(5)
identification/contact information for the facility owner
as follows:
(A)
Sole proprietor
(i)
name, home address, date of birth, social security number
of the sole proprietor
(ii)
federal employer identification number if applicable
(B)
Partnership
(i)
name, home address, date of birth, social security number
of the managing partner
(ii)
federal employer identification number
(C )
Corporation
(i)
names, home addresses, date of births, and social security
numbers of managing officers (for purposes of this subsection, managing officers
are defined as the top four executive officers, including the corporate officer
in charge of physical therapy facility operations);
(ii)
federal employer identification number
(D)
Governmental entity (federal, state, local)
(i)
name, home address, date of birth, social security number
of the individual completing the application
(ii)
federal employer identification number
(6)
the name and license number of the physical therapist in
charge and his or her notarized signature;
(7)
names and license numbers of all PTs and PTAs who practice
in the facility;
(8)
The social security number and notarized signature of the
owner, managing partner or officer, or person authorized to complete the registration
application
(9)
the non-refundable application fee, as set by the executive
council.
[(a)
Registration applications must include
the following information:]
[(1)
name of the facility;]
[(2)
street address of the facility;]
[(3)
mailing address, if different from the street address;]
[(4)
if a corporation:]
[(A)
the name, address, and social security number of any person
who directly or indirectly owns or controls 5% or more of the outstanding
shares of stock in the facility in a privately held corporation and 25% or
more in a publicly held corporation in the facility and the percentage of
ownership;]
[(B)
the name and address of each director; and]
[(5)
the name, address, telephone number, and social security
number of the sole proprietor or partners;]
[(6)
if any other type of organization, the type of organization,
the name, address, and telephone number of each owner;]
[(7)
the total square feet of the facility;]
[(8)
the name and license number of the physical therapist-in-charge
and his notarized signature;]
[(9)
names and license numbers of other licensees of this Act
who practice in the facility.]
(b)
If one or more facilities are owned by
an individual, partnership, corporation, or other entity, the board requires
one primary facility application and an additional facility application for
each additional site registered.
[(b)
The signature of the person who submits
the registration application must be notarized.]
(c)
An additional facility that registers
less than six months before the primary facility's registration expires will
receive an expiration date in the same month as the primary, but in the following
year. An additional facility that registers six or more months before the
primary facility's expiration date will receive the same expiration date as
the primary facility.
[(c)
The board will not consider an application
as officially submitted until the applicant pays the registration fee. The
fee should accompany the application form.]
(d)
A physical therapy facility that has not
been registered previously must complete the registration process and have
the registration certificate in hand before the first patient treatment.
[(d)
The board shall consider whether the
proposed facility complies with the Act and this chapter of the rules.]
(e)
The facility application is valid for
one year after it is received by the board.
[(e)
Reasons for the board to deny registration:]
[(1)
nonpayment of registration fee;]
[(2)
failure to submit all required information on the application
form;]
[(3)
falsification of information on the application form;]
[(4)
violation of the Act or rules.]
[(f)
If the board does not register the entity
which applies to be a registered facility, the application fee will not be
returned.]
[(g)
If one or more facilities are owned by
an individual, partnership, corporation, or other entity, the board requires
one primary application and addendum pages for each additional site registered.]
§347.5.Requirements for Registered Facilities.
(a)
Each facility must have a designated physical
therapist in charge. A registered facility is required to report the name
and license number of a new physical therapist in charge no later than 30
days after the change occurs.
[(a)
A physical therapy facility must be registered
by the board. The registration application must be obtained from the board
office.]
(b)
A registered facility must display the
registration certificate in a prominent location in the facility where it
is available for inspection by the public. A registration certificate issued
by the board is the property of the board and must be surrendered on demand
by the board.
[(b)
All physical therapy facilities must
register with the board and pay a registration fee no later than July 31,
1994, or within 60 days of the first patient treatment, whichever is later.
A renewal fee will be required in the original month of registration, in the
year following the original registration year.]
(c)
A registered facility is subject to random
inspection to verify compliance with the Act and this chapter by authorized
personnel of the board at any reasonable time.
[(c)
A registered facility must display the
registration certificate in a prominent location in the facility where it
is available for inspection by the public. A registration certificate issued
by the board is the property of the board and must be surrendered on demand
by the board.]
(d)
A registered facility must notify the
board within 30 days of any change to the physical/street address or mailing
address.
[(d)
A registered facility is subject to
random inspection to verify compliance with the Act and this chapter by authorized
personnel of the board at any reasonable time.]
[(e)
A registered facility must renew registration
annually by completing a renewal application and submitting the required fee.]
[(f)
A registered facility must have a licensed
person to supervise the provision of physical therapy in accordance with the
Act and rules. ]
[(g)
A registered facility is required to
adhere to the Physical Therapy Practice Act and rules of the board. ]
[(h)
A registered facility is required to
report any change in the physical therapist-in-charge of the facility to the
board no later than 10 days after it occurs. ]
[(i)
A registration issued under this chapter
shall not be transferred or sold to another person or owner. ]
[(j)
Change in ownership requirements. ]
[(1)
The new owner of a physical therapy facility must apply
for registration as a new applicant within 60 days. ]
[(2)
The former owner of a facility must return the registration
certificate to the board within 10 days of the sale of the facility]
[(3)
When a controlling portion of a facility's stock or assets
has been acquired by a person, persons or organization, the exchange is considered
a change of ownership.]
[(k)
A registered facility may advertise as
a "Physical Therapy Facility Registered by the Texas State Board of Physical
Therapy Examiners." Facilities which are not registered by the board may not
refer to themselves as registered facilities. ]
§347.9.Renewal of Registration.
(a)
The owner of a physical therapy facility must renew
the registration annually. Licensees may not provide physical therapy services
in a facility if the registration is not current.
[
(b)
Requirements to renew a facility registration
are:
(1)
a renewal application signed by the owner, managing partner
or officer, or a person authorized by the owner to complete the renewal;
(2)
a list of all PTs and PTAs working at the facility, including
license and social security numbers;
(3)
the renewal fee as set by the executive council, and any
late fees which may be due; and
(4)
a Physical Therapist in Charge form with the notarized
signature of the physical therapist.
[(b)
A registrant must renew the registration
annually.]
(c)
The renewal date of a primary facility
registration is the last day of the month in which the registration was originally
issued. The renewal date for an additional facility will be the same as the
renewal date for the primary facility
[(c)
The renewal date of a registration shall
be the last day of the month in which the registration was originally issued.
]
(d)
The board will mail a renewal notice to
a facility at least 30 days prior to the registration expiration date. The
facility bears the responsibility for ensuring that the registration is renewed.
Failure to receive a renewal notice from the board does not exempt the facility
from paying the renewal fee in a timely manner.
[(d)
The board shall not renew the registration
of a facility that is in violation of this Act or chapter.]
(e)
The facility renewal certificate must
be displayed with the original certificate and is the property of the board.
[(e)
At least 30 days before the expiration
of a facility's registration, the board will send notice to the facility of
the expiration date of the registration and the amount of the renewal fee
due and a registration renewal form. Failure to receive a renewal application
from the board does not exempt the facility from paying the renewal fee in
a timely manner. A facility which fails to receive a renewal application by
the first day of their renewal month should contact the board immediately.
]
(f)
If at the time of renewal a facility employs
no licensees of this board, and is not providing physical therapy services,
the board may renew the facility registration. However, the board will not
mail the renewal certificate to the facility until the board receives the
signed and notarized physical therapist in charge form and a complete list
of the names, license numbers, and social security numbers of all PTs and
PTAs providing services at that facility. Physical therapy services may not
be provided at the facility until the certificate is posted in a prominent
location in the facility where it is available for inspection by the public.
[(f)
The board shall issue to a facility who
has met all requirements for renewal a registration renewal card. It shall
be affixed to or displayed with the original certificate and is the property
of the board. ]
§347.12.Restoration of Registration.
(a)
When a facility fails to renew
its
[
(1)
If the facility registration has been expired for 90 days
or less, the facility may renew by paying the required renewal fee and a restoration
fee that is one-half of the renewal fee.
(2)
If the facility registration has been expired for more
than 90 days but less than one year, the facility may renew by paying all
unpaid renewal fees and a restoration fee that is equal to the renewal fee.
(3)
If the facility registration has been expired for more
than one year, the facility may renew the registration by paying all unpaid
renewal fees and a restoration fee which is double the renewal fee.
(b)
The owner of a facility may cancel a facility
registration if physical therapy services will no longer be provided at that
facility. To cancel a registration, the owner must notify the board and return
the registration certificate and the current renewal certificate (if applicable)
to the board. If the owner decides to resume the provision of physical therapy
services at a future date, the facility registration may be restored with
the previous expiration date by meeting the requirements in §347.9 of
this title (relating to Renewal of Registration).
(c)
An owner may not register a new facility
in lieu of renewal or restoration of a previously registered facility in the
same location.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 28, 2003.
TRD-200304564
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 305-6900
22 TAC §347.8
The Texas Board of Physical Therapy Examiners proposes new §347.8,
Change in Facility Ownership. The new rule establishes the requirements for
notification of facility ownership changes in a new section, using the new
ownership categories being added to §347.4, Requirements for Registration
Application.
John P. Maline, Executive Director of the Executive Council of Physical
Therapy and Occupational Therapy Examiners, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Mr. Maline also has determined that, for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be greater efficiencies for the agency and registrants. There
will be no effect on small businesses, and no economic cost to persons having
to comply is anticipated.
Comments on the new rule may be submitted to Nina Hurter, PT Coordinator,
Texas Board of Physical Therapy Examiners, 333 Guadalupe, Suite 2-510, Austin,
Texas 78701; email: nhurter@mail.capnet.state.tx.us.
The new rule is proposed 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.
Title 3, Subtitle H, Chapter 453, Occupations Code is affected by this
new rule.
§347.8.Change in Facility Ownership.
(a)
A registration cannot be transferred or sold to another
person or owner. When a facility changes ownership, the new owner must register
it as a new facility within 30 days. A change of ownership takes place when
one of the following occurs:
(1)
a sole proprietor (individual) incorporates or changes
to a partnership;
(2)
a partnership incorporates or changes to a sole proprietor;
(3)
a corporation dissolves and changes its status to a partnership
or sole proprietor;
(4)
a sole proprietor (individual), partnership or corporation
sells or transfers the ownership to another individual, partnership or corporation.
(b)
If there is a change of managing partners in a partnership
or managing officers in a corporation, the owner of the facility must send
the board written notification within 30 days. For purposes of this subsection,
managing officers are defined as the top four executive officers, including
the corporate officer in charge of physical therapy facility operations. The
written notification shall include the effective date of such change and the
following information for the new managing partners or officers:
(1)
name and title;
(2)
home address;
(3)
date of birth; and
(4)
social security number.
(c)
The new or former owner of a facility must return the previous
registration certificate and current renewal certificate to the board within
30 days of the change of ownership. In lieu of the actual documents, the Board
may accept a notarized statement from the new or former owner that the certificates
have been destroyed or lost.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on July 28, 2003.
TRD-200304563
John P. Maline
Executive Director, Executive Council of Physical Therapy Examiners
Texas Board of Physical Therapy Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 305-6900
Chapter 361.
ADMINISTRATION
Subchapter A. GENERAL PROVISIONS
22 TAC §361.13
The Texas State Board of Plumbing Examiners ("Board") proposes
a new rule §361.13, which will reflect the requirements of §1301.258
of the Occupations Code, as amended by the 78th Legislature ("Plumbing License
Law" or "Law"). The new rule states that the Board may establish Board committees
made up of Board members only and an enforcement committee made up of Board
staff members only. The new rule also sets forth the responsibilities of the
Enforcement Committee to review and investigate complaints; conduct informal
conferences; negotiate proposed settlements; oversee the preparation for contested
cases; pursue cases at the State Office of Administrative Hearings; oversee
the issuance of cease and desist orders, administrative penalties, criminal
citations and the filing of injunctions; and review applicants for examination,
registration and licensing who have a criminal conviction history affected
by Board Rule §363.2.
Robert L. Maxwell, Administrator of the Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rules are in effect
there will be no fiscal impact on state and local government as well as small
businesses and persons required to comply with the new rules.
Mr. Maxwell also has determined that each year of the first five years
the new rule is in effect the public benefit anticipated as a result of enforcing
the rule will be an increase in efficiency of the functions of the Board and
separation of the duties of the Board and its staff.
Comments on the proposed new rule may be submitted within 30 days of publication
of the proposed new rule in the
Texas Register
,
to Robert L. Maxwell, Administrator, Texas State Board of Plumbing Examiners,
929 East 41st Street, P.O. Box 4200, Austin, Texas 78765-4200 or by e-mail
to info@tsbpe.state.tx.us.
The new rule §361.13 is proposed under and affect Title
8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing
License Law" or "Law"), §1301.251 and §1301.258. §1301.251
requires the Board to adopt and enforce rules necessary to administer the
Plumbing License Law. §1301.258 authorizes the Board to establish Board
committees made up of Board members only and an enforcement committee made
up of Board staff members only.
No other statute, article or code is affected by this proposed amendment.
The proposed amendment has been reviewed by legal counsel and found to be
within the state agency's authority to adopt.
§361.13.Board Committees and Enforcement Committee.
(a)
The Board may create committees to assist the Board in
exercising its powers and duties.
(b)
The presiding officer of the Board shall appoint the members
of the committees. Except as provided by Subsection (c) of this Section, each
committee member must be a member of the Board.
(c)
The presiding officer may appoint only members of the agency
staff to the Enforcement Committee whose duties will include following the
requirements of the Administrative Procedure Act, the Plumbing License Law
and the policies, guidelines and rules established by the Board and:
(1)
review and investigate complaints;
(2)
conduct informal conferences;
(3)
negotiate proposed settlements;
(4)
oversee the preparation for contested cases;
(5)
pursue cases at the State Office of Administrative Hearings;
(6)
oversee the issuance of cease and desist orders, administrative
penalties, criminal citations and the filing of injunctions; and
(7)
review applicants for examination, registration and licensing
who have a criminal conviction history affected by Board Rule §363.2.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 29, 2003.
TRD-200304616
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 458-2145
22 TAC §361.25
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Plumbing Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Plumbing Examiners ("Board")
proposes the repeal of §361.25, which requires the Board to establish
an enforcement committee made up of Board members and Board staff members.
The repeal of §361.25 is necessary because it conflicts with Chapter
1301, Occupations Code as amended by the 78th Legislature ("Plumbing License
Law" or "Law"), §1301.258 and the proposed rule §361.13 Board Committees
and Enforcement Committee. Both §1301.258 and the proposed rule §361.13
allow only Board staff members to be appointed to serve on the Enforcement
Committee.
Robert L. Maxwell, Administrator of the Texas State Board of Plumbing Examiners,
has determined that for the first five-year period that the repeal of the
rule is in effect there will be no fiscal impact on state and local government
as well as small businesses and persons required to comply with these rules.
Mr. Maxwell also has determined that each year of the first five years
the repeal of the rule is in effect the public benefit anticipated as a result
of enforcing these rules will be the elimination of a Board rule that will
be in conflict with the Plumbing License Law as amended by the 78th Legislature.
Comments on the proposed rule repeal may be submitted within 30 days of
publication of this proposed rule repeal in the
Texas Register
, to Robert L. Maxwell, Administrator, Texas State Board
of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas
78765-4200 or by e-mail to info@tsbpe.state.tx.us.
The repeal is proposed under and affect Title 8, Chapter 1301,
Occupations Code, as amended by the 78th Legislature ("Plumbing License Law"
or "Law"), §1301.251. Section 1301.251 requires the Board to adopt and
enforce rules necessary to administer the Plumbing License Law.
No other statute, article or code is affected by this proposed repeal.
§361.25.Contested Cases: Informal Disposition.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 29, 2003.
TRD-200304617
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 458-2145
22 TAC §361.28
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Plumbing Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Plumbing Examiners ("Board")
proposes the repeal of §361.28, which allows the Board's Chief Examiner
and Chief Field Representative to review and approve applications for examination,
licensure and registration submitted by individuals who have certain previous
criminal convictions. The repeal of §361.28 is necessary because it conflicts
with Chapter 1301, Occupations Code as amended by the 78th Legislature ("Plumbing
License Law" or "Law"), §1301.4522, the proposed rule §363.2 Consequences
to the Applicant With Criminal Conviction and proposed rule §361.13 Board
Committees and Enforcement Committee. Section 1301.4522, proposed rule §363.2
and proposed rule §361.13 require that only the Enforcement Committee
may review applicants for examination, registration and licensure who have
a criminal conviction(s).
Robert L. Maxwell, Administrator of the Texas State Board of Plumbing Examiners,
has determined that for the first five-year period that the repeal of the
rule is in effect there will be no fiscal impact on state and local government
as well as small businesses and persons required to comply with these rules.
Mr. Maxwell also has determined that each year of the first five years
the repeal of the rule is in effect the public benefit anticipated as a result
of enforcing these rules will be the elimination of a rule that will be in
conflict with the Plumbing License Law as amended by the 78th Legislature.
Comments on the proposed rule repeal may be submitted within 30 days of
publication of this proposed rule repeal in the
Texas Register
, to Robert L. Maxwell, Administrator, Texas State Board
of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas
78765-4200 or by e-mail to info@tsbpe.state.tx.us.
The repeal is proposed under and affect Title 8, Chapter 1301,
Occupations Code, as amended by the 78th Legislature ("Plumbing License Law"
or "Law"), §1301.251. Section 1301.251 requires the Board to adopt and
enforce rules necessary to administer the Plumbing License Law.
No other statute, article or code is affected by this proposed repeal.
§361.28.Preliminary Criminal Reviews.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 29, 2003.
TRD-200304618
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 458-2145
22 TAC §363.2
The Texas State Board of Plumbing Examiners proposes amendments
to §363.2, which currently states that each applicant for an examination
shall meet all examination requirements and pay any required fees.
The proposed amendments to §363.2 will specifically address the consequences
to applicants for examination and renewal of a license or registration who
have criminal conviction(s). The amendments state how the Board will determine
the fitness of those applicants to perform the duties and discharge the responsibilities
of registered and licensed individuals performing plumbing or plumbing inspections.
The amendments specify the authority for the rule, how the Board will address
currently incarcerated applicants, factors in determining whether a conviction
relates to the occupation of plumbing and plumbing inspections, additional
factors for the Board to consider in determining the fitness of applicants,
responsibilities of applicants to obtain and provide information to the Board
regarding the conviction(s), the governance of the Administrative Procedure
Act in any proceedings before the Board to determine fitness, the guidelines
that the Board shall establish to determine the fitness of applicants, the
Board's Enforcement Committee review of applicants, the procedure that the
applicants will follow to request a hearing before the State Office of Administrative
Hearings and judicial review of the Board's decisions.
Robert L. Maxwell, Administrator of the Texas State Board of Plumbing Examiners,
has determined that for the first five-year period the rules are in effect
there will be no fiscal impact on state and local government as well as small
businesses required to comply with these rules amendments. When necessary,
the Board may charge a fee to applicants to recover its costs to access the
criminal history record information maintained by the Department of Public
Safety and the Federal Bureau of Investigation, including the National Crime
Information Center database. The Department of Public Safety has advised the
Board that its' cost per applicant to access the criminal history information,
verified by the applicant's fingerprints, would be approximately forty- five
dollars.
Mr. Maxwell also has determined that each year of the first five years
the rules are in effect the public benefit anticipated as a result of enforcing
these rules will be the reduced risk to the public health, safety and welfare
by ensuring, to the best of the Board's ability, that individuals registered
or licensed by the Board are fit to perform the duties and discharge the responsibilities
of registered and licensed individuals performing plumbing or plumbing inspections.
Comments on the proposed rule changes may be submitted within 30 days of
publication of these proposed rule amendments in the
Texas Register
, to Robert L. Maxwell, Administrator, Texas State Board
of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas
78765-4200, or by e-mail to info@tsbpe.state.tx.us.
The amendments to §363.2 are proposed under and affect Title
8, Chapter 1301, Occupations Code, as amended by the 78th Legislature ("Plumbing
License Law" or "Law"), §1301.251, §1301.4521, §1301.253 and
the rule it amends. Section 1301.251 requires the Board to adopt and enforce
rules necessary to administer the Plumbing License Law. Section 1301.4521
requires the Board to adopt rules in compliance with the guidelines authorized
by Chapter 53, Occupations Code relating to criminal convictions. Section
1301.253 requires the Board to set fees in amounts that are reasonable and
necessary to cover the cost of administering the Law. The amendments to §363.2
are also proposed under and affect Chapter 53, Occupations Code relating to
criminal convictions. The amendments to §363.2 are additionally proposed
under and affect §411.122, Government Code (as amended by the 78th Legislature),
which authorizes the Board to access the criminal history record information
maintained by the Department of Public Safety and the Federal Bureau of Investigation,
including the National Crime Information Center database.
No other statute, article or code is affected by this proposed amendment.
The proposed amendment has been reviewed by legal counsel and found to be
within the state agency's authority to adopt.
§363.2. Consequences to the Applicant With Criminal Conviction. [
(a)
Authority:
[
(1)
Under the authority of Chapter
53 and Chapter 1301, §1301.4521 of the Occupations Code, the Board may
suspend, probate a suspension of, or revoke a registration, license or endorsement,
disqualify a person from receiving a registration, license or endorsement,
or deny to a person the opportunity to take a licensing or endorsement examination
on the grounds that the person has been convicted of a felony or misdemeanor
that directly relates to the duties and responsibilities of the occupation
of registered and licensed individuals performing plumbing and plumbing inspections.
(2)
Under the authority of §411.122
of the Government Code (as amended by HB 660, 78th Legislature), the Board
may access the criminal history record information maintained by the Department
of Public Safety and the Federal Bureau of Investigation, including the National
Crime Information Center database. The Board may charge a fee to applicants
for a registration, license or endorsement to recover its costs to obtain
the information.
(b)
Currently Incarcerated Applicants:
The Board shall not issue a registration, license, or endorsement to an applicant
and shall revoke the registration, license and endorsement of an individual
if the applicant or individual is incarcerated due to a felony conviction,
felony community supervision revocation, revocation of parole, or revocation
of mandatory supervision.
(c)
Factors in Determining Whether
Conviction Relates to Occupation: In determining whether a criminal conviction
directly relates to the occupation of registered and licensed individuals
performing plumbing or plumbing inspections, the Board shall consider:
(1)
the nature and seriousness of the crime;
(2)
the relationship of the crime to the purposes
for requiring a license or registration to engage in plumbing or plumbing
inspections;
(3)
the extent to which a license or registration
might offer an opportunity to engage in further criminal activity of the same
type as that in which the person previously had been involved; and
(4)
the relationship of the crime to the ability,
capacity, or fitness required to perform the duties and discharge the responsibilities
of registered and licensed individuals performing plumbing or plumbing inspections.
(d)
Additional Factors for the
Board to Consider: In determining the fitness of a person who has been convicted
of a crime to perform the duties and discharge the responsibilities of registered
and licensed individuals performing plumbing or plumbing inspections, the
licensing authority shall consider, in addition to the factors listed in §363.2(c):
(1)
the extent and nature of the person's past criminal
activity;
(2)
the age of the person when the crime was committed;
(3)
the amount of time that has elapsed since the
person's last criminal activity;
(4)
the amount of time that has elapsed since the
person's release from incarceration;
(5)
the conduct and work activity of the person
before and after the criminal activity;
(6)
evidence of the person's rehabilitation or rehabilitative
effort while incarcerated or after release; and
(7)
other evidence of the person's fitness, including
letters of recommendation signed by the person making the recommendation from:
(A)
prosecutors and law enforcement and correctional
officers who prosecuted, arrested, or had custodial responsibility for the
person;
(B)
the sheriff or chief of police in the community
where the person resides;
(C)
current and previous employers stating that
the employer has specific and complete knowledge of the applicant's criminal
history and stating the reasons that the employer is recommending that the
applicant be considered fit and not a threat to the public's health, safety
and welfare; and
(D)
any other person in contact with the convicted
person.
(e)
Responsibilities of the Applicant:
(1)
The applicant has the responsibility to obtain
and provide to the Board, the recommendations of the prosecution, law enforcement,
correctional authorities, employers and others as specified by §363.2(d)(7).
(2)
The applicant shall furnish proof in the form
required by the Board that the applicant has:
(A)
maintained a record of steady employment by
submitting employment records and verification from employers;
(B)
supported the applicant's dependents, if any,
including records of court mandated child support payments, if applicable;
(C)
maintained a record of good conduct;
(D)
paid all outstanding court costs, supervision
fees, fines, and restitution ordered in any criminal case in which the applicant
has been convicted; and
(E)
successfully completed all court ordered or
voluntary rehabilitation classes, courses or programs.
(3)
The applicant shall submit to the Board a fully
completed Supplemental Criminal History Information Form signed by the applicant.
(4)
If the applicant has a conviction of a sexual
nature, the applicant shall obtain and provide to the Board the written results
of recently performed standard, nationally recognized testing and evaluations
of the applicant, performed by a licensed professional therapist or counselor
who is certified as a Registered Sex Offender Treatment Provider in the State
of Texas, to determine the level of likelihood for the applicant to commit
future crimes of a sexual nature.
(5)
If required by the Board, the applicant shall
meet all requirements necessary in order for the Board to access the criminal
history record information under §363.2(a)(2), including submitting fingerprint
information and paying the required fees.
(f)
Proceedings Governed by Administrative
Procedure Act: A proceeding before the Board to establish factors required
to be considered in determining the fitness of a person who has been convicted
of a crime is governed by Chapter 2001, Government Code.
(g)
Guidelines to Determine Fitness:
The Board shall issue guidelines relating to determining the fitness of a
person who has been convicted of a crime to perform the duties and discharge
the responsibilities of registered and licensed individuals performing plumbing
or plumbing inspections. The guidelines must state the reasons a particular
crime is considered to relate to a particular registration, license or endorsement
and any other criterion that affects the decisions of the Board.
(1)
The Board shall file the guidelines with the
Secretary of State for publication in the
Texas Register.
(2)
Amendments to the guidelines, if any, shall
be issued at least annually.
(h)
Enforcement Committee Review
of Application: The Enforcement Committee may approve, without Board approval,
the application for a license, endorsement, or registration of a person who
has a criminal conviction, if the Enforcement Committee finds that the criminal
conviction does not directly relate to the duties and responsibilities of
the business of plumbing in accordance with the Board's rules and the guidelines
adopted under Subsection 363.2(g). An applicant who has a criminal conviction
may be requested to appear before the Enforcement Committee to present information
relating to the applicant's criminal conviction.
(1)
If the Enforcement Committee determines that
an applicant is ineligible for a license, endorsement, or registration based
on the applicant's criminal conviction, the Enforcement Committee shall give
timely notice of the denial to the applicant to the applicant's last known
address on file with the Board.
(2)
The notice shall include the denied applicant's
right to request, within 20 days of the mailing of the notice of denial, a
hearing before an administrative law judge of the State Office of Administrative
Hearings to review the Enforcement Committee's determination.
(A)
Failure by the denied applicant to request a
hearing under §363.2(h)(2) within 20 days of the mailing of the notice
of denial renders the Enforcement Committee's decision final and;
(B)
the denied applicant may not apply for a new
registration, license or endorsement before the first anniversary date of
the final denial.
(3)
If the denied applicant requests a hearing under §363.2(h)(2)
and after receipt of the administrative law judge's proposed findings of fact
and conclusions of law, the Board shall determine the applicant's eligibility.
The Board shall provide an applicant who is denied a registration, license
or endorsement a written statement containing:
(A)
the reason for the suspension, revocation, denial,
or disqualification;
(B)
the judicial review procedure provided by §363.2(i);
and
(C)
the earliest date the person may appeal the
action of the licensing authority.
(4)
If the applicant is denied as a result of a
hearing requested under §263.2(h)(2), the applicant may not apply for
a new registration, license or endorsement before the first anniversary date
of the final denial.
(i)
Judicial Review: A person whose
license has been suspended or revoked or who has been denied a license or
the opportunity to take an examination due to the person's criminal conviction
and who has exhausted the person's administrative appeals may:
(1)
file an action in the district court in Travis
County for review of the evidence presented to the Board and the decision
of the Board; and
(2)
the petition for an action under this subsection
must be filed not later than the 30th day after the date the Board's decision
is final and eligible to be appealed.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 29, 2003.
TRD-200304615
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 458-2145
22 TAC §365.12
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas State Board of Plumbing Examiners or in the Texas Register office,
Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas State Board of Plumbing Examiners ("Board")
proposes the repeal of §365.12, which provides guidelines and procedures
that the Board has followed for determining the fitness of applicants with
criminal conviction(s) to perform the duties and discharge the responsibilities
of registered and licensed individuals performing plumbing or plumbing inspections.
The repeal of §365.12 is necessary because it conflicts with the proposed
rule §363.2 Consequences to the Applicant With Criminal Conviction. Section
363.2 will provide a more thorough explanation of the procedures for the Board
to follow when determining the fitness of individuals with criminal convictions
in compliance with Chapter 53 of the Occupations Code and Chapter 1301, Occupations
Code as amended by the 78th Legislature ("Plumbing License Law" or "Law"), §1301.4521.
Robert L. Maxwell, Administrator of the Texas State Board of Plumbing Examiners,
has determined that for the first five-year period that the repeal of the
rule is in effect there will be no fiscal impact on state and local government
as well as small businesses and persons required to comply with these rules.
Mr. Maxwell also has determined that each year of the first five years
the repeal of the rule is in effect the public benefit anticipated as a result
of enforcing these rules will be clarity when determining the guidelines and
procedures that the Board will follow for determining the fitness of applicants
with criminal conviction(s) to perform the duties and discharge the responsibilities
of registered and licensed individuals performing plumbing or plumbing inspections.
Comments on the proposed rule repeal may be submitted within 30 days of
publication of this proposed rule repeal in the
Texas Register
, to Robert L. Maxwell, Administrator, Texas State Board
of Plumbing Examiners, 929 East 41st Street, P.O. Box 4200, Austin, Texas
78765-4200 or by e-mail to info@tsbpe.state.tx.us.
The repeal is proposed under and affect Title 8, Chapter 1301,
Occupations Code, as amended by the 78th Legislature ("Plumbing License Law"
or "Law"), §1301.251. Section 1301.251 requires the Board to adopt and
enforce rules necessary to administer the Plumbing License Law.
No other statute, article or code is affected by this proposed repeal.
§365.12.Licensing of Individuals with Criminal Backgrounds.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on July 29, 2003.
TRD-200304619
Robert L. Maxwell
Administrator
Texas State Board of Plumbing Examiners
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 458-2145
Chapter 424.
STANDARDS
22 TAC §§424.10 - 424.12
The Texas Commission on Private Security proposes new §§424.10-424.12,
concerning Standards. The proposal of §424.10 is to set a standard for
disposition of confidential information. The proposal of §424.11 concerns
response to request for subpoena. The proposal of §424.12 concerns Voluntary
Revocation.
Mr. Cliff Grumbles, Executive Director, Texas Commission on Private Security,
has determined that for the first five year period the rules are in effect
there will be no fiscal implications for state or local government as a result
of enforcing or administering the rules.
Mr. Grumbles also has determined that for each year of the first five years
the rules are in effect the public benefit will be the implementation of rules
regarding standards. There will be no fiscal implications for individuals
who are required to comply with the rules as proposed. There will be no fiscal
implications for small or micro businesses.
Comments on the proposal may be submitted to Mr. Cliff Grumbles, Executive
Director, Texas Commission on Private Security, P.O. Box 13509, Austin, Texas
78711-3509.
The new rules are proposed under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
The following is the code that is affected by the new rules: Texas Occupations
Code.
§424.10.Confidential Information.
(a)
Information that is contained in reports or records held
by a licensee, registrant or commissioned security officer that concerns the
location of an alarm system, the name of the occupant of an alarm system location,
or the type of alarm system or any information pursuant to business activities
regulated under Chapter 1702, Texas Occupations Code is confidential and shall
only be disclosed to the Commission, a law enforcement agency or as otherwise
required by state law or court order.
(b)
This section does not apply to and does not require or
authorize the licensee, registrant or commissioned security officer to give
a client notice of:
(1)
a demand or inquiry from a municipal, state or federal
government agency authorized by law to conduct an examination of certain records;
(2)
a record request from a municipal state or federal government
agency instrumentally under statutory or administrative authority that provides
for, or is accompanied by, a specific mechanism for discovery and protection
of a client record;
(3)
a record request from or report to a governmental agency
arising out of the investigation or prosecution of a criminal offense;
(4)
a record request by a duly appointed receiver of the client;
(5)
an investigative demand or inquiry from a state legislative
investigative committee;
(6)
an investigative demand or inquiry from the attorney general
of this state as authorized by law other than the procedural law governing
discovery in civil cases.
§424.11.Response to Request for Subpoena.
Each licensee, registrant or commissioned security officer shall respond
promptly and fully to a request for information or to a subpoena issued by
the Commission. A request or subpoena may not be refused, denied, or resisted
unless the request or subpoena calls for information within the attorney-client
privilege.
§424.12.Voluntary Revocation.
The Commission may revoke a license, application, or school approval
without formal charges, notice or opportunity of hearing if the licensee,
registrant voluntarily surrenders the license, registration, or school approval
to the Commission and executes a sworn statement that the licensee, registrant
or school approval does not desire to be licensed.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State on August 4, 2003.
TRD-200304707
Cliff Grumbles
Executive Director
Texas Commission on Private Security
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 238-5869
22 TAC §430.2
The Texas Commission on Private Security proposes an amendment
to §430.2, concerning Commissioned Security Officers. The amendment increases
the amount of information that must be submitted with an application.
Mr. Cliff Grumbles, Executive Director, Texas Commission on Private Security,
has determined that for the first five year period the rule is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rule.
Mr. Grumbles also has determined that for each year of the first five years
the rule is in effect the public benefit will be increased information submitted
with an application. There will be no fiscal implications for individuals
who are required to comply with the rule as proposed. There will be no fiscal
implications for small or micro businesses.
Comments on the proposal may be submitted to Mr. Cliff Grumbles, Executive
Director, Texas Commission on Private Security, P.O. Box 13509, Austin, Texas
78711-3509.
The amendment is proposed under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
The following is the code that is affected by the amendment: Texas Occupations
Code.
§430.2.Commission Applications.
A completed security officer commission application shall be submitted
on the most current version of the form provided by the Commission.
(1)
The application shall include:
(A)
The required fee;
(B)
At least two sets of fingerprints on fingerprint cards
obtained from the Commission and the $25.00 FBI Fingerprint Check Fee;
(C)
A copy of the applicant's Level I and Level II certificate
of completion; and
(D)
A copy of the certificate of completion provided to the
applicant from a Commission approved Level III training school.
(E)
The employer shall affix one recent color photograph to
the pocket card when received from the Commission.
(F)
The photograph shall be 1" x 1 1/4"
(G)
Texas Driver's License and or Texas Identification
Certificate issued by the Texas Department of Public Safety.
(H)
Applicants born outside the United States
shall submit a copy of their current alien registration card.
(2)
Incomplete applications cannot be processed and will be
returned for clarification or missing information.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 4, 2003.
TRD-200304708
Cliff Grumbles
Executive Director
Texas Commission on Private Security
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 238-5869
22 TAC §433.6
The Texas Commission on Private Security proposes new §433.6,
concerning Registration Applications. The new rule increases the amount of
information that must be submitted with an application.
Mr. Cliff Grumbles, Executive Director, Texas Commission on Private Security,
has determined that for the first five year period the rule is in effect there
will be no fiscal implications for state or local government as a result of
enforcing or administering the rule.
Mr. Grumbles also has determined that for each year of the first five years
the rule is in effect the public benefit will be increased information submitted
with an application. There will be no fiscal implications for individuals
who are required to comply with the rule as proposed. There will be no fiscal
implications for small or micro businesses.
Comments on the proposal may be submitted to Mr. Cliff Grumbles, Executive
Director, Texas Commission on Private Security, P.O. Box 13509, Austin, Texas
78711-3509.
The new rule is proposed under Chapter 1702, Texas Occupations
Code, which provides the Texas Commission on Private Security with the authority
"to promulgate all rules and regulations necessary in carrying out the provisions
of this Act."
The following is the code that is affected by the new rule: Texas Occupations
Code.
§433.6.Registration Applications.
A completed registration application shall be submitted on the most
current version of the form provided by the Commission. The application shall
include:
(1)
The required fee;
(2)
At least two sets of fingerprints on cards obtained from
the Commission and the $25.00 FBI fingerprint check fee;
(3)
A copy of the applicant's Level I and Level II Certificate
of completion;
(4)
A copy of the applicant's Texas Drivers License or their
identification certificate issued by the Department of Public Safety.
(5)
Applicants born outside the United States shall include
a copy of their alien registration card.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of
the Secretary of State on August 4, 2003.
TRD-200304709
Cliff Grumbles
Executive Director
Texas Commission on Private Security
Earliest possible date of adoption: September 14, 2003
For further information, please call: (512) 238-5869
submit
an application and all applicable fees to the Board and shall submit evidence
including, but not limited to, the following
]
(2)
After review by the Board,
notification of registration shall be mailed to the RNFA informing him/her
that the registration process has been completed.]
(3)
] The registered nurse whose
functions include acting as a first assistant in surgery shall know and conform
to the Texas Nursing Practice Act; current Board rules, regulations, and standards
of professional nursing; and all federal, state and local laws, rules, and
regulations affecting the RNFA specialty area. When collaborating with other
health care providers, the RNFA shall be accountable for knowledge of the
statutes and rules relating to RNFAs and function within the scope of the
registered nurse.
(4)
] A registered nurse functioning
as a first assistant in surgery shall comply with the standards set forth
by the AORN.
first assist until January
1, 2005
] if he/she:
(1)
] Has current licensure as a
registered nurse in the State of Texas or resides in any party state and holds
a current, valid registered nurse license in that state;
(2)
Was actively engaged in first
assisting as of March 1, 2002;]
(3)
Does not use any titles to
imply that the person is a nurse first assistant or otherwise hold him/herself
out as a nurse first assistant]
(4)
Has operating room experience
that meets the following criteria:
(A)
CNOR eligible (meets qualifications to apply
and sit for the national certification examination in perioperative nursing
(CNOR) as defined by the Certification Board Perioperative Nursing) and]
(B)
500 hours of experience first assisting as
of March 1, 2002; and ]
(5)
Complies with BNE Standards
of Professional Nursing Practice Rule 217.11(12) requiring RNs to accept only
assignments that take into consideration patient safety and that are commensurate
with the RN's educational preparation, experience, knowledge and physical
and emotional ability.]
(c)
Effective January 1, 2005,
the exceptions outlined in subsection (b) of this section no longer apply,
and any registered nurse first assisting must meet the requirements outlined
in subsection (a).]
Chapter 223.
FEES
$47.00
]; (5/02)
Part 16.
TEXAS BOARD OF PHYSICAL THERAPY EXAMINERS
. For applicants applying for a physical therapist license,
official transcripts must show completion of an entry-level program, and completion
of 60 semester hours in general education, from an accredited college or university
]; and
Chapter 347.
REGISTRATION OF PHYSICAL THERAPY FACILITIES
as defined in the Act, §1
].
When issued,
a registration is valid for one year commencing on the date of issuance of
the initial registration.
]
their
] registration
before the expiration date
[
within
the renewal month
], the facility
may restore the registration by
completing the renewal requirements and paying renewal and restoration fees
as set out by the Executive Council
[
is subject to fees as follows
].
Part 17.
TEXAS STATE BOARD OF PLUMBING EXAMINERS
Subchapter B. PETITION FOR ADOPTION OF RULES
Chapter 363.
EXAMINATIONS Application. ]
Prior to the examination,
each applicant shall meet all examination requirements and pay any required
fees.
]
Chapter 365.
LICENSING AND REGISTRATION
Part 20.
TEXAS COMMISSION ON PRIVATE SECURITY
Chapter 430.
COMMISSIONED SECURITY OFFICERS
Chapter 433.
GENERAL REGISTRATION REQUIREMENTS
Chapter 437.
BUSINESS EVALUATION SERVICE