TITLE 22.EXAMINING BOARDS

Part 11. BOARD OF NURSE EXAMINERS

Chapter 215. PROFESSIONAL NURSING EDUCATION

22 TAC §215.6, §215.7

The Board of Nurse Examiners (Board) adopts amendments to §215.6 and §215.7, concerning Professional Nursing Education. Section 215.7 is adopted with changes to the text as proposed in the May 13, 2005, issue of the Texas Register (30 TexReg 2823). Section 215.6 is adopted without changes and will not be republished.

The proposal amended §215.6(f)(2) and §215.7(c) by adding an option of a doctorate degree in nursing to the requirements for a dean, director and nursing faculty, and the requirement that a dean or director be required to teach not more than three clock hours per week was moved from §215.7, Faculty Qualifications, to §215.6 under the Dean and Director qualifications. In addition, the existing language in §215.6(g)(1) was modified to provide clarity in the intent of the rule.

Two comments from one individual were received requesting that the Board consider the addition of the wording "or doctorate degree" into proposed §215.7(c)(1)(D) to be reflective of the intent of proposed §215.7(c)(1)(C) and to encourage more individuals to become nurse faculty at schools of nursing. The Board agrees with this proposal and believes that in order to provide consistency to the proposed amendment in §215.7(c)(1)(C), the wording "or doctorate degree" should be added to §215.7(c)(1)(D).

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.

§215.7.Faculty Qualifications and Faculty Organization.

(a) There shall be written personnel policies for nursing faculty that are in keeping with accepted educational standards and are consistent with those of the governing institution. Policies which differ from those of the governing institution shall be consistent with nursing unit mission and goals (philosophy and outcomes).

(1) Policies concerning workload for faculty and the dean or director shall be in writing.

(2) Sufficient time shall be provided faculty to accomplish those activities related to the teaching-learning process.

(3) Teaching activities shall be coordinated among full-time, part-time faculty, clinical preceptors and clinical teaching assistants.

(b) A professional nursing education program shall employ sufficient faculty members with graduate preparation and expertise necessary to enable the students to meet the program goals. The number of faculty members shall be determined by such factors as:

(1) The number and level of students enrolled;

(2) The curriculum plan;

(3) Activities and responsibilities required of faculty;

(4) The number and geographic locations of affiliating agencies and clinical practice settings; and

(5) The level of care and acuity of clients.

(c) Faculty Qualifications and Responsibilities.

(1) Documentation of faculty qualifications shall be included in the official files of the programs. Each nurse faculty member shall:

(A) Hold a current license or privilege to practice as a registered nurse in the State of Texas;

(B) Show evidence of teaching abilities and maintaining current knowledge, clinical expertise, and safety in subject area of teaching responsibility;

(C) Hold a master's degree or doctorate degree, preferably in nursing.

(D) A nurse faculty member holding a master's degree or doctorate degree in a discipline other than nursing shall hold a bachelor's degree in nursing from an approved or accredited baccalaureate program in nursing; and

(i) if teaching in a diploma or associate degree nursing program, shall have at least six semester hours of graduate level content in nursing appropriate to assigned teaching responsibilities, or

(ii) if teaching in a baccalaureate level program, shall have at least 12 semester hours of graduate-level content in nursing appropriate to assigned teaching responsibilities.

(E) In fully approved programs, if an individual to be appointed as faculty member does not meet the requirements for faculty as specified in this subsection, the dean or director is permitted to petition for a waiver of the Board's requirements, according to Board guidelines, prior to the appointment of said individual.

(F) In baccalaureate programs, an increasing number of faculty members should hold doctoral degrees appropriate to their responsibilities.

(2) All nursing faculty, as well as non-nursing faculty, who teach theory nursing courses, e.g., pathophysiology, pharmacology, research, management and statistics, shall have graduate level educational preparation verified by the program dean or director as appropriate to these areas of responsibility.

(3) Non-nursing faculty assigned to teach didactic nursing courses shall be required to co-teach with nursing faculty in order to meet nursing course objectives.

(d) Teaching assignments shall be commensurate with the faculty member's education and experience in nursing.

(e) The faculty shall be organized with written policies and procedures and/or bylaws to guide the faculty and program's activities.

(f) The faculty shall meet regularly and function in such a manner that all members participate in planning, implementing and evaluating the nursing program. Such participation includes, but is not limited to the initiation and/or change of academic policies, personnel policies, curriculum, utilization of affiliating agencies, and program evaluation.

(1) Committees necessary to carry out the functions of the program shall be established with duties and membership of each committee clearly defined in writing.

(2) Minutes of faculty organization and committee meetings shall document the reasons for actions and the decisions of the faculty and shall be available for reference.

(g) There shall be written plans for faculty orientation, development, and evaluation.

(1) Orientation of new faculty members shall be initiated at the onset of employment.

(2) A program of faculty development shall be offered to encourage and assist faculty members to meet the nursing program's needs as well as individual faculty member's professional development needs.

(3) A variety of means shall be used to evaluate faculty performance such as self, student, peer and administrative evaluation.

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 July 22, 2005.

TRD-200503006

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: August 11, 2005

Proposal publication date: May 13, 2005

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


Chapter 223. FEES

22 TAC §223.1

The Board of Nurse Examiners adopts the repeal of §223.1, concerning Fees. The proposed repeal of this section was in the June 17, 2005, issue of the Texas Register (30 TexReg 3509).

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. During the subsequent months, the fees were adjusted to consolidate the fees previously imposed by two different boards. Due to the need to rearrange the entire section, and to finalize the fees necessary to implement the budget of the 79th Legislative Session, the board adopts the repeal of the existing rule and adopts a new §223.1 concurrent with this repeal.

No comments were received in response to this proposal.

This repeal is adopted 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.

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 July 22, 2005.

TRD-200502992

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: August 11, 2005

Proposal publication date: June 17, 2005

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


22 TAC §223.1

The Board of Nurse Examiners adopts new §223.1, concerning Fees without changes to the text as published in the June 17, 2005, issue of the Texas Register (30 TexReg 3509). The text of the rule will not be republished.

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. During the subsequent months, the fees were adjusted to consolidate the fees previously imposed by two different boards. Due to the need to rearrange the entire section, and to finalize the fees necessary to implement the budget of the 79th Legislative Session (Senate Bill 1), the board has repealed the existing rule concurrently with this adoption. The legislature required criminal background checks on nurses in the 78th Legislative Session, but failed to fund such checks until the current session. The legislature also authorized additional funding for the Texas Peer Assistance Program for Nurses (TPAPN), pay raises for state employees, and a recoupment of a previous five percent reduction in the board's appropriations.

No comments were received in response to this proposal.

The new rule is adopted 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.

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 July 22, 2005.

TRD-200502993

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: August 11, 2005

Proposal publication date: June 17, 2005

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