TITLE 22.EXAMINING BOARDS

Part 11. BOARD OF NURSE EXAMINERS

Chapter 217. LICENSURE, PEER ASSISTANCE AND PRACTICE

22 TAC §217.2, §217.4

The Board of Nurse Examiners adopts amendments without changes to 22 TAC §217.2 and §217.4, concerning Licensure, Peer Assistance, and Practice. The adopted amendments would specifically address Licensure by Examination for Graduates of Basic Nursing Education Programs Within the United States', its Territories or Possessions, and Requirements for Initial Licensure by Examination for Nurses Who Graduate from Professional Nursing Programs Outside of the United States' Jurisdiction, respectively. The proposed amendments were published at 28 TexReg 3897 on May 16, 2003.

The Texas Government Code requires that each rule adopted by an agency after September 1, 1997 be reviewed to determine if the reason for adopting the rule continues to exist. Rule 217 was last reviewed in 1999. Staff of the board took the opportunity to compare the rules with the National Council of State Boards of Nursing (NCSBN) Uniform Licensure Requirements which were published in July of 1999. The comparison assisted board staff in identifying differences between the Texas requirements and those published by the NCSBN and has resulted in the adopted amendments to §217.2 and §217.4. Amending the rules will increase compatibility between the Texas requirements and NCSBN's uniform licensure requirements and impose more consistency in the licensure requirements among the various jurisdictions.

No comments were received addressing the proposed amendments.

The amendment is adopted under the authority of Texas Occupations Code §301.151 and §301.255 that authorizes the Board of Nurse Examiners to adopt and enforce rules consistent with its legislative authority under the Nursing Practice Act.

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

Filed with the Office of the Secretary of State on June 24, 2003.

TRD-200303896

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: July 14, 2003

Proposal publication date: May 16, 2003

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


Part 19. POLYGRAPH EXAMINERS BOARD

Chapter 391. POLYGRAPH EXAMINER INTERNSHIP

22 TAC §391.4

The Polygraph Examiners Board adopts an amendment to §391.4, concerning Supervision and Internship Review, without changes to the proposed text as published in the January 17, 2003, issue of the Texas Register (28 TexReg 531).

The section is amended to accommodate scheduling difficulties between the Board Licensing Examination and the persons scheduled to take that examination.

No written comments were received regarding adoption of the amendment.

The amendment is adopted under the Polygraph Examiners Act, Article 4413 (29cc), §6, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Article 4413 (29cc).

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 June 25, 2003.

TRD-200303909

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Effective date: July 15, 2003

Proposal publication date: January 17, 2003

For further information, please call: (512) 424-2058


Chapter 395. CODE OF OPERATING PROCEDURE OF POLYGRAPH EXAMINERS

22 TAC §395.17

The Polygraph Examiners Board adopts the repeal of §395.17, concerning Code of Operating Procedure of Polygraph Examiners, without changes to the proposal as published in the February 28, 2003, issue of the Texas Register (28 TexReg 1801).

The Texas Polygraph Board Examiners voted at its last board meeting, February 10, 2003, to publish for public comment the repeal of §395.17. This repeal is in response to an April 2000 Attorney General Opinion JC-0204, which stated that the board did not have the authority to inspect polygraph records unless a formal complaint was filed. Therefore, §395.17 is no longer enforceable.

No written comments were received regarding adoption of the repeal.

The repeal is adopted under the Polygraph Examiners Act, Article 4413 (29cc), §6, which provides the board with the authority to prescribe, adopt, and enforce rules relating to the administration and enforcement of the provisions of the Polygraph Examiners Act, Article 4413 (29cc).

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 June 25, 2003.

TRD-200303910

Frank DiTucci

Executive Officer

Polygraph Examiners Board

Effective date: July 15, 2003

Proposal publication date: February 28, 2003

For further information, please call: (512) 424-2058