TITLE 22.EXAMINING BOARDS

Part 11. BOARD OF NURSE EXAMINERS

Chapter 216. CONTINUING EDUCATION

22 TAC §§216.1 - 216.3, 216.5

The Board of Nurse Examiners (Board) adopts amendments without changes to 22 Texas Administrative Code §§216.1 - 216.3 and §216.5, concerning Continuing Education. The original proposal was published in the February 11, 2005, issue of the Texas Register (30 TexReg 631). The adoption of these amendments will consolidate the Continuing Education (CE) rules applicable to all nurses into one section and will complete the consolidation of the rules for the former Board of Vocational Nurse Examiners and Board of Nurse Examiners under one board.

Effective February 1, 2004, the Board of Nurse Examiners and the Board of Vocational Nurse Examiners were merged into one agency, the Board of Nurse Examiners. The Board of Vocational Nurse Examiners ceased to exist as an agency. House Bill 1483, passed by the 78th Regular Legislative Session, was the legislative action that implemented the consolidation. These amendments implement House Bill 1483 and the make-up and function of the new Board of Nurse Examiners. Concurrent with these adopted amendments is the adopted repeal of Chapter 237 which addressed continuing education for licensed vocational nurses only. Chapter 216 will be applicable to all nurses. These amendments are for the purpose of preventing conflicting rules and consolidating the rules applicable to all nurses under Part 11 (Board of Nurse Examiners) of the Texas Administrative Code.

No comments were received in response to the proposal of these amendments.

The amendments are adopted pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.

The adoption of the amendments implement Texas Occupations Code §§301.303 - 301.305.

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 March 22, 2005.

TRD-200501248

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: April 11, 2005

Proposal publication date: February 11, 2005

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


Chapter 217. LICENSURE, PEER ASSISTANCE AND PRACTICE

22 TAC §217.1, §217.4

The Board of Nurse Examiners (Board) adopts without changes amendments to 22 Texas Administrative Code §217.1 and §217.4, concerning Licensure, Peer Assistance and Practice. The original proposal was published in the February 11, 2005, issue of the Texas Register (30 TexReg 633).

Section 217.1 specifically addresses "Definitions" and §217.4 is entitled "Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction." The adopted amendment to §217.1 includes the definition of "credentialing evaluation services (CES)" and deletes the definition of the Commission on Graduates of Foreign Nursing Schools (CGFNS). Section 217.4 broadens the acceptable verification organizations and availability of organizations that can provide credential evaluation services (CES) of foreign-educated nurses. As a result, the time period in obtaining the necessary information requested from the credentialing organizations will be shorter and will provide equal and some enhanced services. By requiring credentials from these organization, the CGFNS certification program requirement would become unnecessary and, therefore, eliminated.

No comments were received in response to the proposed amendments.

The amendments are adopted pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.

The adoption of the amendments will not affect any existing statute.

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 March 22, 2005.

TRD-200501252

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: April 11, 2005

Proposal publication date: February 11, 2005

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


Chapter 220. NURSE LICENSURE COMPACT

22 TAC §220.2

The Board of Nurse Examiners (Board) adopts without changes amendments to 22 Texas Administrative Code §220.2 (Issuance of a License by a Compact Party State), concerning Nurse Licensure Compact. The original proposal was published in the February 11, 2005, issue of the Texas Register (30 TexReg 634). Texas joined the Nurse Licensure Compact on January 1, 2000. This compact allows nurses licensed in Texas to practice in member states without having to apply for each member states' individual license. This adopted amendment will implement the standard passed by the Nurse Licensure Compact Administrators (NLCA) requiring all nurse applicants for initial licensure in a compact home state to have passed the NCLEX or its predecessor examination in order to obtain a multistate privilege.

No comments were received in response to the amendment.

This adopted amendment is pursuant to the authority of Texas Occupations Code §§301.151, 301.152 and 304.003 which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act. The adoption of the amendment will further implement Texas Occupations Code Chapter 304.

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 March 22, 2005.

TRD-200501249

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: April 11, 2005

Proposal publication date: February 11, 2005

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


Part 12. BOARD OF VOCATIONAL NURSE EXAMINERS

Chapter 237. CONTINUING EDUCATION

Subchapter A. DEFINITIONS

22 TAC §237.1

The Board of Nurse Examiners adopts the repeal of 22 Texas Administrative Code Chapter 237, concerning Continuing Education, and specifically Subchapter A (Definitions), §237.1. The proposed repeal was published in the February 11, 2005, issue of the Texas Register (30 TexReg 645). The other subchapter in this chapter is being adopted without changes for repeal concurrently with this subchapter.

Effective February 1, 2004, the Board of Nurse Examiners and the Board of Vocational Nurse Examiners were merged into one agency, the Board of Nurse Examiners. The Board of Vocational Nurse Examiners ceased to exist as an agency. House Bill 1483, passed by the 78th Regular Legislative Session, was the legislative action that implemented the consolidation. These repeals implement HB 1483 and the make-up and function of the new Board of Nurse Examiners. Concurrent with these adopted repeals are adopted amendments to Chapter 216 (Continuing Education) which will be applicable to all nurses. This repeal is for the purpose of preventing conflicting rules and consolidating the rules applicable to all nurses under Part 11 (Board of Nurse Examiners) of the Texas Administrative Code.

No comments were received in response to the proposal.

This adopted repeal is pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act. The adoption of the adopted repeal will implement Texas Occupations Code §§301.303 - 301.305.

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 March 22, 2005.

TRD-200501238

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: April 11, 2005

Proposal publication date: February 11, 2005

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


Subchapter B. CONTINUING EDUCATION

22 TAC §§237.11 - 237.23

The Board of Nurse Examiners adopts the repeal of 22 Texas Administrative Code Chapter 237, concerning Continuing Education, and specifically Subchapter B (Continuing Education), §§237.11 - 237.23. The proposed repeal was published in the February 11, 2005, issue of the Texas Register (30 TexReg 645). The other subchapter in this chapter is being adopted without changes for repeal concurrently with this subchapter.

Effective February 1, 2004, the Board of Nurse Examiners and the Board of Vocational Nurse Examiners were merged into one agency, the Board of Nurse Examiners. The Board of Vocational Nurse Examiners ceased to exist as an agency. House Bill 1483, passed by the 78th Regular Legislative Session, was the legislative action that implemented the consolidation. These repeals implement HB 1483 and the make-up and function of the new Board of Nurse Examiners. Concurrent with these adopted repeals are adopted amendments to Chapter 216 (Continuing Education) which will subsequently be applicable to all nurses. This repeal is for the purpose of preventing conflicting rules and consolidating the rules applicable to all nurses under Part 11 (Board of Nurse Examiners) of the Texas Administrative Code.

No comments were received in response to the proposal.

This adopted repeal is pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act. The adoption of the adopted repeal will implement Texas Occupations Code §§301.303 - 301.305.

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 March 22, 2005.

TRD-200501240

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: April 11, 2005

Proposal publication date: February 11, 2005

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


Part 22. TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY

Chapter 501. RULES OF PROFESSIONAL CONDUCT

Subchapter C. RESPONSIBILITIES TO CLIENTS

22 TAC §501.72

The Texas State Board of Public Accountancy adopts an amendment to §501.72 concerning Contingency Fees without changes to the proposed text as published in the January 28, 2005 issue of the Texas Register (30 TexReg 355). The text of the rule will not be republished.

The amendment to §501.72 defines the term "testifying accounting expert". By adoption of an interpretive comment, the amendment clarifies how a "consulting accounting expert" may become a "testifying accounting expert" and, further, that an accounting expert may not accept contingent fees for part of an engagement and a set fee for part of the same engagement.

The amendment functions to improve the public understanding of how to determine whether an accounting expert is performing as a testifying accounting expert or a consulting accounting expert; furthermore, that testifying accounting experts are not permitted to accept contingent fee arrangements, either in whole or in part for an engagement.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 March 24, 2005.

TRD-200501293

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: April 13, 2005

Proposal publication date: January 28, 2005

For further information, please call: (512) 305-7848


Chapter 505. THE BOARD

22 TAC §505.10

The Texas State Board of Public Accountancy adopts an amendment to §505.10 concerning Board Committees without changes to the proposed text as published in the January 28, 2005 issue of the Texas Register (30 TexReg 356). The text of the rule will not be republished.

The amendment to §505.10 clarifies the status of each of the Board's standing committees as either policy-making or working; further, that committees designated as working committees serve to make recommendations to the board's policy-making committees concerning changes in the rules, opinions, and policies related to the functional area supervised by the working committee. The amendment further clarifies that the Executive Committee shall also be the board's audit committee; and that the technical standards review committee and the major case enforcement committee are given the responsibility to make recommendations to the Board's policy-making committees concerning proposal changes in Board rules, opinions and policy related to technical standards and major case enforcement.

The amendment functions to clarify each standing committee's status as either a working or policy-making committee; that the technical standards review committee and major case enforcement committee are given the responsibility to make recommendations to the Board's policy-making committees concerning proposed changes in Board rules, opinions and policy related to technical standards and major case enforcement; and, in accordance with the Public Accountancy Act, that only Board members serve on policy-making committees.

No comments were received regarding adoption of this rule.

The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act and §901.1525 of the Public Accountancy Act which authorizes the Board to have working committees and policy-making committees.

No other article, statute or code is affected by the adoption.

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 March 24, 2005.

TRD-200501294

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: April 13, 2005

Proposal publication date: January 28, 2005

For further information, please call: (512) 305-7848


22 TAC §505.12

The Texas State Board of Public Accountancy adopts an amendment to §505.12 concerning Enforcement Committees without changes to the proposed text as published in the January 28, 2005 issue of the Texas Register (30 TexReg 358). The text of the rule will not be republished.

The amendment to §505.12 deletes "Member Recusals" from the title of the rule; deletes subsection (b), which states that a member of an enforcement committee may not participate in discussions before the committee in which the member has a personal or financial interest; re-letters existing subsection (a) to become new subsection (b); and, adopts new subsection (a), providing that the Board's behavioral enforcement committee, the technical standard's review committee, the major case enforcement committee and the constructive enforcement committee shall each be one of the board's enforcement committees.

The amendment functions to provide for greater protection of the public's interest in the event a member has a personal or financial interest in a matter before any of the Board's committees. The public benefits expected as a result of adopting the amendment will be: (1) clarification that the section defines Enforcement Committees; (2) deletion of existing subsection (b) of Section 505.12 in order that Section 505.13, clarifying that a member of any board committee may not participate in the discussion and may not vote on an issue before the committee in which the member has a personal or financial interest, may be adopted; (3) the re-lettering of existing subsection (a), stating that a member of the board and an enforcement committee shall recuse himself from any considered by that enforcement committee; and, (4) the enactment of new subsection (a) clarifying that the Board's behavioral enforcement committee, the technical standards review committee, the major case enforcement committee, and the constructive enforcement committee shall each be one of the board's enforcement committee.

No comments were received regarding adoption of the rule.

The amendment is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 March 24, 2005.

TRD-200501295

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: April 13, 2005

Proposal publication date: January 28, 2005

For further information, please call: (512) 305-7848


22 TAC §505.13

The Texas State Board of Public Accountancy adopts new rule §505.13 concerning Board Committee Member Recusals without changes to the proposed text as published in the January 28, 2005 issue of the Texas Register (30 TexReg 359). The text of the rule will not be republished.

The new §505.13 prohibits Board committee members from participating in the discussion of and voting on an issue before a Board committee in which the committee member has a personal or financial interest.

The new rule functions by creating less potential for conflict of interest allegations in the event a Board committee member has a personal or financial interest in a matter before the Board committee. This rule will result in more transparent Board operations and greater disclosure to the public.

No comments were received regarding adoption of the rule.

The new rule is adopted under the Public Accountancy Act ("Act"), Texas Occupations Code, §901.151 which provides the agency with the authority to amend, adopt and repeal rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by the adoption.

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 March 24, 2005.

TRD-200501296

Rande Herrell

General Counsel

Texas State Board of Public Accountancy

Effective date: April 13, 2005

Proposal publication date: January 28, 2005

For further information, please call: (512) 305-7848