Part 11.
BOARD OF NURSE EXAMINERS
Chapter 227.
PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO PROFESSIONAL NURSING EDUCATION
22 TAC §§227.1 - 227.6
The Board of Nurse Examiners (Board) adopts new Chapter 227, §§227.1
- 227.6, Pilot Programs for Innovative Applications to Professional Nursing
Education without changes to the text as published in the May 13, 2005, issue
of the
Texas Register
(30 TexReg 2825). The
Board has the authority to approve and adopt rules regarding pilot programs
for the innovative application in the practice and regulation of professional
nursing as authorized by Texas Occupations Code §301.1605 which was enacted
by Senate Bill 718, 78th Texas Legislature, Regular Session. In April 2005,
the Board agreed to waive certain requirements of the Board's Chapter 215,
Professional Nursing Education, in order to develop and implement strategies
designed to enhance enrollment in Texas schools of nursing. Concurrent with
the adoption of this rule, the Board will issue a Request for Proposal for
professional nursing education pilot programs.
No comments were received regarding adoption of the new rules.
The new rules are adopted under the authority of the 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 NPA.
The adoption of the new rules affect the NPA, Texas Occupations Code §301.1605
and §301.1606, as they pertain to pilot programs.
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 14, 2005.
TRD-200502411
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: July 4, 2005
Proposal publication date: May 13, 2005
For further information, please call: (512) 305-6811
Chapter 535.
GENERAL PROVISIONS
Subchapter E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) adopts amendments
to §535.51 concerning General Requirements without changes to the proposed
text as published in the May 13, 2005, issue of the
Texas Register
(30 TexReg 2827) and will not be republished.
The amendment revises subsection (c)(6) of §535.51 to clarify that
an education evaluation must be obtained within one year of the date of application
for a license. An applicant must submit a new request for evaluation and pay
the $20 fee if an existing evaluation is obtained more than one year before
the date of application for a license.
The reasoned justification for the amendments is to clarify that an education
evaluation must be obtained timely.
No comments were received regarding the amendments as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by this adoption is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the adopted amendments.
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 14, 2005.
TRD-200502433
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: July 4, 2005
Proposal publication date: May 13, 2005
For further information, please call: (512) 465-3900
22 TAC §535.71
The Texas Real Estate Commission (TREC) adopts amendments
to §535.71 concerning Mandatory Continuing Education (MCE): Approval
of Providers, Courses and Instructors with changes to the proposed text as
published in the May 13, 2005, issue of the
Texas
Register
(30 TexReg 2827). A non-substantive change was made due to
a typographical error found in the last sentence in subsection (b) which caused
a cite to reference §101.455 instead of §1101.455 of the Texas Occupations
Code. This was corrected.
The amendment revises subsection (d)(11) of §535.71 which adopts by
reference MCE Form 14-1, Individual MCE Partial Credit Request Form to revise
the verification on the form to parallel existing language in §535.72(b)(1)(E).
Under this subsection, an education provider must sign the partial credit
request form as evidence that the provider has no reason to believe the amount
of credit claimed is inaccurate. In addition, the amendment adds new subsection
(hh) to allow accredited colleges and universities, and professional trade
associations that are otherwise approved MCE providers, to use experts from
other related fields, including those from outside Texas, to teach an MCE
elective course without first registering as a commission-approved instructor.
At the same time, the MCE elective course must be approved in advance by the
Commission before any MCE elective credit would be authorized. Finally, a
commission-approved instructor would be responsible for supervising and coordinating
the course, and would also be responsible for verifying the attendance of
those who request MCE elective credit.
The reasoned justification for the amendments is to provide for better
educated licensees who are taught relevant real estate related courses by
experts in the appropriate field of expertise.
No comments were received regarding the amendments as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by this adoption is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the adopted amendments.
§535.71.Mandatory Continuing Education: Approval of Providers, Courses and Instructors.
(a)
The following words and terms, when used in these sections,
shall have the following meanings, unless the context clearly indicates otherwise.
(1)
Act--The Real Estate License Act, Texas Occupations Code,
Chapter 1101.
(2)
Applicant--A person seeking approval to be a provider or
instructor of a course for which mandatory continuing education credit is
given.
(3)
Hour--Fifty minutes of actual session time.
(4)
Certified legal course instructor--An instructor approved
by the Texas Real Estate Commission and certified to teach the required legal
update course or the required ethics course.
(5)
Commission--The Texas Real Estate Commission.
(6)
Day--A calendar day.
(7)
Distance learning course--A correspondence course, alternative
delivery method course or course offered through video presentation.
(8)
Elective credits--The nine hours of non-legal mandatory
continuing education required by §1101.455 of the Act.
(9)
Instructor--A person approved by the Texas Real Estate
Commission to teach mandatory continuing education courses.
(10)
MCE--Mandatory Continuing Education.
(11)
Person--An individual, partnership, or a corporation,
foreign or domestic.
(12)
Proctor--A person who monitors a final examination for
a course offered by a provider under the guidelines contained in this section.
A proctor may be a course instructor, the provider, an employee of a college
or university testing center, a librarian, or other person approved by the
commission.
(13)
Provider--A person approved by the Texas Real Estate Commission
to offer courses for which mandatory continuing education credit is given.
(14)
Required legal ethics course--A required course created
for and approved by the Texas Real Estate Commission to satisfy three of the
six legal hours of mandatory continuing education required by §1101.455
of the Act.
(15)
Required legal update course--A required course created
for and approved by the Texas Real Estate Commission to satisfy three of the
six legal hours of mandatory continuing education required by §1101.455
of the Act.
(16)
Required legal course or legal credits--The required legal
update or legal ethics courses or credits earned for attending such courses.
(17)
Student--An individual taking an MCE course for credit.
(b)
Mandatory Continuing Education Requirements. On or after
January 1, 2005 and except as authorized by §535.92 of this chapter,
for the next and all subsequent renewals of a license on active status that
is not subject to the annual education requirements of §1101.454 of the
Act, the license holder must attend during the term of the current license,
two Commission-developed legal courses consisting of a three-hour required
legal update course and a three-hour required legal ethics course to satisfy
the six legal hours of mandatory continuing education required by §1101.455
of the Act. The remaining nine hours required by §1101.455 of the Act
may consist of elective credit courses registered with the commission under
this section.
(c)
Application. A person who wishes to offer courses accepted
by the commission for MCE credit shall apply to the commission for approval
to be an MCE provider and shall register each MCE course using application
forms prepared by the commission. The commission may refuse to accept any
application which is not complete or which is not accompanied by the appropriate
filing fee. Each prospective provider shall submit a provider application
and at least one principal information form.
(d)
Forms. The commission adopts by reference the following
forms published and available from the commission, P.O. Box 12188, Austin,
Texas, 78711-2188:
(1)
MCE Form 1A-2, MCE Provider Application;
(2)
MCE Form 1B-2, MCE Provider Application Supplement;
(3)
MCE Form 2-3, MCE Principal Information Form;
(4)
MCE Form 3A-2, MCE Course Application;
(5)
MCE Form 3B-3, MCE Course Application Supplement;
(6)
MCE Form 8-4, MCE Course Completion Roster;
(7)
MCE Form 9-7, Alternative Instructional Methods Reporting
Form;
(8)
MCE Form 10-2, MCE Credit Request for an Out of State Course;
(9)
MCE Form 11-4, MCE Instructor Credit Request;
(10)
MCE Form 12-2, Individual MCE Elective Credit Request
for State Bar Course;
(11)
MCE Form 14-1, Individual MCE Partial Credit Request Form
(12)
MCE Form 15-0, Individual MCE Elective Credit Request
for Professional Designation Course; and
(13)
MCE Form 16-0, MCE Instructor Application.
(e)
Provider application. To be approved as an MCE provider,
a person must satisfy the commission as to the person's ability to administer
with honesty, trustworthiness and integrity a course of continuing education
in MCE subjects registered with the commission. If the person proposes to
employ independent contractors to conduct or to administer the courses, any
independent contractor named in the application must meet this standard as
if the independent contractor were the applicant; however, the applicant is
responsible for responding to communications from the commission relating
to the application.
(f)
Additional information related to application. The commission
may request that an applicant provide additional information, and the commission
may terminate an application without further notice if the applicant fails
to provide the additional information within 60 days of the mailing of a request
by the commission.
(g)
Fees. The commission shall establish fees in accordance
with the provisions of the Act, §1101.152, at such times as the commission
deems appropriate. Fees are not refundable and must be submitted in the form
of a check or money order, or, in the case of state agencies, colleges or
universities, in a form of payment acceptable to the commission.
(h)
Approval of applicants. The commission may authorize the
manager or director of the education division of the commission, or a designate,
to determine whether applications for MCE providers or instructors should
be approved or certified. The commission may disapprove an application for
failure to satisfy the commission as to the applicant's honesty, trustworthiness
or integrity, or for any reason which would be a ground to suspend or revoke
a real estate license. If an application is disapproved, the commission shall
provide written notice to the applicant detailing the basis of the decision.
(i)
Appeal. An applicant may appeal a disapproval by filing
with the commission a written request for a hearing within 10 days after the
receipt of the notice of disapproval. Following the hearing, the commission
may sustain or withdraw the disapproval or establish conditions for the approval
of a provider, course or instructor. Proceedings involving applications shall
be conducted in accordance with the Administrative Procedure Act, Texas Government
Code, Chapter 2001. Venue for any hearing conducted under this section shall
be in Travis County.
(j)
Power of attorney. If a provider does not maintain a fixed
office in this state for the duration of the provider's approval to offer
courses, the provider shall designate a resident of this state as attorney-in-fact
to accept service of process and act as custodian of any records in Texas
which the provider is required to maintain by these sections. A power-of-attorney
designating the resident must be filed with the commission in a form acceptable
to the commission.
(k)
Subsequent application for provider approval or course
registration. Unless withdrawn earlier for cause as provided by these sections,
a provider's authority to offer courses for which MCE credit is given expires
two years from the date the provider is approved by the commission. Authority
to offer any MCE courses ends with the expiration of the provider's approval,
and the provider must pay current fees and reapply for approval as a provider
in order to offer MCE courses again. An elective credit course registered
with the commission may be offered by the provider for a period of two years
after the course is registered or until the provider's authority to act as
a provider finally expires or is withdrawn for cause, whichever first occurs.
If a course was originally registered by another provider, the registration
period is measured from the date of registration for the original provider.
A provider may apply for approval to be a provider for another two years no
sooner than six months prior to the expiration of existing provider approval.
(l)
Approval of instructor. A person who wishes to be an instructor
of any MCE course shall apply to the commission for approval using an application
form approved by the commission. To be approved as an instructor of any MCE
course, an applicant must satisfy the commission as to the applicant's honesty,
trustworthiness and integrity. Subsections (f) - (i) of this section apply
to an applicant for approval of an instructor.
(m)
Term of instructor approval. If the commission determines
that the applicant meets the standards for instructor approval, the commission
shall approve the application and provide a written notice of the approval
to the applicant. Unless surrendered or revoked for cause, the approval will
be valid for a period of five years.
(n)
Subsequent application for instructor approval. No more
than six months prior to the expiration of the current approval, an instructor
may apply for approval for another five year period.
(o)
Required legal update and ethics courses. The commission
shall approve bi-annually a legal update course and a legal ethics course
which shall be conducted through providers by instructors certified by the
commission under this subchapter. The subject matter and course materials
for the courses shall be created for and approved by the commission. The courses
expire on December 31 of each odd-numbered year and shall be replaced with
new courses approved by the commission. A provider may not offer a new course
until an instructor of the course obtains recertification by attending a new
instructor training program. Providers must acquire the commission-developed
course materials and utilize such materials to conduct the required legal
courses. The required legal courses must be conducted as prescribed by the
rules in this subchapter and the course materials developed for the commission.
(p)
Modification of the required legal courses. Providers and
instructors may modify a required legal course only to provide additional
information on the same or similar topics covered in the course or to create
distance learning courses that are substantially similar to the live courses
developed for the commission. To the extent that a required legal course is
modified or integrated into a longer course for which additional elective
credit is requested, the commission shall grant elective and legal credit
for the combined course.
(q)
Instructor certification. Only instructors certified by
the commission may teach the required legal courses or develop distance learning
courses for the presentation of required legal courses. An instructor must
obtain prior commission approval under subsection (m) of this section prior
to attending an instructor training program. The commission shall issue a
written certification to an instructor to teach the applicable required legal
course(s) upon the instructor's satisfactory completion of a training program
to teach the required legal course(s) that is acceptable to the commission.
An instructor may obtain certification to teach either one or both required
legal courses. A certified legal course instructor may teach the required
legal courses for any approved provider after the instructor has attended
an instructor training program. A certified legal course instructor may not
independently conduct a required legal course unless the instructor has also
obtained approval as a provider. An instructor must obtain written certification
from the commission prior to teaching the required legal courses and prior
to representing to any provider or other party that he or she is certified
or may be certified as a legal course instructor. An instructor's certification
to teach a required legal course expires on December 31 of every odd-numbered
year. An instructor may obtain recertification by attending a new instructor
training program.
(r)
Elective credit courses. To be approved to offer a course
for MCE elective credit, the provider must demonstrate that the course subject
matter is appropriate for a continuing education course for real estate licensees
and that the information provided in the course will be current and accurate
by submitting a brief statement that describes the objective of the course
and explains how the subject matter is related to activities for which a real
estate license is required, including but not limited to relevant issues in
the real estate market or topics which increase or support the licensee's
development of skill and competence.
(s)
Elective course application. A provider applicant must
submit an MCE Form 3A-2, MCE Course Application and receive written acknowledgment
from the commission prior to offering an MCE elective course. Prior to advertising
or offering a course offered by another provider, the subsequent provider
must submit an MCE Form 3B-3, Course Application Supplement and receive written
acknowledgment from the commission.
(t)
Legal update and legal ethics course application. A provider
must submit an MCE form 3B-3, Course Application Supplement and receive written
acknowledgment from the commission prior to offering a required legal update
or required legal ethics course.
(u)
Core courses for elective credit. Courses approved by the
commission for core real estate course credit provided in the Act, §1101.356
and §1101.358, may be accepted for satisfying MCE elective credit course
requirements provided the student files a course completion certificate with
the commission.
(v)
Acceptable combined courses. An elective credit course
offered by a provider to satisfy all or part of the nine hours of other than
legal topics required by the Act, §1101.455, may be offered with the
required legal update course or required legal ethics course.
(w)
Required legal courses for real estate related courses.
MCE legal update and legal ethics courses may be accepted by the commission
as real estate related courses for satisfying the education requirements of §1101.356
and §1101.358, of the Act.
(x)
Correspondence courses for elective credit. An MCE provider
may register an MCE elective course by correspondence with the commission
if the course is subject to the following conditions:
(1)
the course must be offered by a college or university accredited
by a regional accrediting association, such as the Commission on Colleges
of the Southern Association of Colleges and Schools, or its equivalent, which
offers correspondence courses, whether credit or noncredit, in other disciplines;
(2)
the content of the course must satisfy the requirements
of the Act, §1101.455, and these sections; and
(3)
the course does not include a request for required legal
course credit.
(y)
Alternative delivery method courses for elective credit.
An MCE provider may register an MCE elective course by alternative delivery
method with the commission if the course is subject to the following conditions:
(1)
The content of the course must satisfy the requirements
of the Act, §1101.455, and these sections;
(2)
the course does not include a request for required legal
course credit; and
(3)
every provider offering a registered course under this
subsection shall:
(A)
ensure that a qualified person is available to answer students'
questions or provide assistance as necessary;
(B)
provide that procedures are in place to ensure that the
student who completes the work is the student who is enrolled in the course;
and
(C)
certify students as successfully completing the course
only if the student:
(i)
has completed all instructional modules; and
(ii)
has attended any hours of live instruction and/or testing
required for a given course.
(z)
Correspondence courses for required legal credit. The commission
may approve a provider to offer an MCE required legal ethics course by correspondence
subject to the following conditions:
(1)
the course must be offered by a college or university accredited
by a regional accrediting association, such as the Commission on Colleges
of the Southern Association of Colleges and Schools, or its equivalent, which
offers correspondence courses, whether credit or noncredit, in other disciplines;
(2)
the content of the course must satisfy the requirements
of the Act, §1101.455 and these sections, and must be substantially similar
to the legal courses disseminated and updated by the Commission;
(3)
students receiving MCE credit for the course must pass
either:
(A)
a proctored final examination administered under controlled
conditions to positively identified students, at a location and by an official
approved by the commission and graded by the instructor or, if the examination
is being graded mechanically or by use of a computer, by the provider, using
answer keys approved by the instructor or provider; or
(B)
an examination by use of a computer under conditions that
satisfy the commission that the examinee is the same person who seeks MCE
credit; and
(4)
written course work required of students must be graded
by an approved instructor or the provider's coordinator or director, who is
available to answer students' questions or provide assistance as necessary,
using answer keys approved by the instructor or provider.
(aa)
Each required legal course offered by correspondence must
contain the following:
(1)
course description;
(2)
learning objectives;
(3)
evaluation techniques;
(4)
lessons;
(5)
learning activities;
(6)
final examination;
(7)
source materials disseminated by the Commission including
all updates; and
(8)
instructor grading guidelines, including acceptable answers
for lessons, assessments and examinations.
(bb)
Alternative delivery method courses for required legal
credit. The commission may accept required legal courses offered by alternative
delivery method subject to the following conditions.
(1)
The content of the course must satisfy the requirements
of the Act, §1101.455 and these sections, and must be substantially similar
to the legal courses disseminated and updated by the Commission.
(2)
Every course accepted under this subsection shall teach
to mastery. Teaching to mastery means that the course must, at a minimum:
(A)
divide the material into major units of instruction that
follows the outline of the applicable required legal course for delivery on
a computer or other approved interactive audio or audiovisual programs;
(B)
specify the learning objectives for each unit of instruction;
(C)
specify an objective, quantitative criterion for mastery
used for each learning objective;
(D)
implement a structured learning method by which each student
is able to attain each learning objective;
(E)
provide a means of diagnostic assessment of each student's
performance on an ongoing basis during each unit of instruction, measuring
what each student has learned and not learned at regular intervals throughout
each unit of instruction;
(F)
provide a means of tailoring the instruction to the needs
of each student as identified in subparagraph (D) of this paragraph. The process
of tailoring the instruction shall ensure that each student receives adequate
remediation for specific deficiencies identified by the diagnostic assessment;
(G)
continue the appropriate remediation on an individualized
basis until the student demonstrates achievement of mastery of each unit;
and
(H)
require that the student demonstrate mastery of all material
covered by the learning objectives for the module before the module is completed.
(3)
The commission must approve the method by which each of
the above elements of mastery in paragraph (2)(A) - (H) of this subsection
is accomplished.
(4)
The rationale for the education processes implemented in
the course must be based on sound instructional strategies which have been
systematically designed and proven effective through educational research
and development. The basis and rationale for any proposed instructional approach
must be specified in the application for approval. Programs which consist
primarily of text material will not be approved.
(5)
An approved instructor or the provider's coordinator/director
shall grade the written course work.
(6)
Every provider offering an approved course under this subsection
shall:
(A)
ensure that a qualified person is available to answer students'
questions or provide assistance as necessary;
(B)
satisfy the commission that procedures are in place to
ensure that the student who completes the work is the student who is enrolled
in the course;
(C)
certify students as successfully completing the course
only if the student;
(i)
has completed all instructional modules required to demonstrate
mastery of the material;
(ii)
has attended any hours of live instruction and/or testing
required for a given course; and
(iii)
has passed either:
(I)
a proctored final examination administered under controlled
conditions to positively identified students, at a location and by an official
approved by the commission and graded by the instructor or, if the examination
is being graded mechanically or by use of a computer, by the provider, using
answer keys approved by the instructor or provider; or
(II)
an examination by use of a computer under conditions that
satisfy the commission that the examinee is the same person who seeks MCE
credit; and
(D)
provide the students with the same materials given to students
who attend the same course by live instruction.
(cc)
Supervised Video Instruction for elective course credit.
A provider may register a course under subsection (s) of this section to be
taught by supervised video instruction if:
(1)
the provider complies with §535.72 of this chapter
when offering and advertising the course and when completing rosters and retaining
records;
(2)
a proctor is present during the time the video is shown;
and
(3)
the provider discloses in any advertisement for the course
that the instruction will be by supervised video instruction.
(dd)
Supervised Video Instruction for required legal course
credit. A provider may register a course under subsection (o) of this section
to be taught by supervised video instruction if the provider:
(1)
complies with subsection (cc)(1) - (3) of this section;
(2)
ensures that a certified instructor is available to answer
students' questions or provide assistance as necessary; and
(3)
ensures that students receiving MCE credit for the course
passed a proctored final examination administered under controlled conditions
to positively identified students, at a location and by an official approved
by the commission and graded by the instructor or, if the examination is being
graded mechanically or by use of a computer, by the provider, using answer
keys approved by the instructor or provider.
(ee)
An applicant must submit an MCE Form 3B-3, MCE Course
Application Supplement to seek approval to offer an MCE distance learning
required legal course and receive written acknowledgment from the commission
prior to offering the course. Distance learning legal courses may be offered
on or after July 1, 2005.
(ff)
For a distance learning course, the provider shall award
the student credit for the course upon completion of the course requirements
for credit and shall report the awarding of credit to the commission. Course
credit must be reported either by the provider filing a completed MCE Form
9-7, Alternative Instructional Methods Reporting Form, signed by the student,
or submitting the information contained in MCE form 9-7 by electronic means
acceptable to the commission.
(gg)
A provider may use as guest speakers persons who have
not been approved as instructors, provided that no more than a total of 50%
of the course is taught by the unapproved persons for a registered MCE elective
credit course. The commission-registered instructor must remain in the classroom
during the guest speaker's presentation.
(hh)
A provider may use guest speakers who have not been approved
as instructors to conduct a registered MCE elective credit course if:
(1)
the provider is an accredited college or university or
a professional trade association as defined by §535.62(b) of this chapter;
and
(2)
the course is supervised and coordinated by a commission-approved
instructor who is responsible for verifying the attendance of all who request
MCE credit.
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 14, 2005.
TRD-200502434
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: July 4, 2005
Proposal publication date: May 13, 2005
For further information, please call: (512) 465-3900
22 TAC §535.121
The Texas Real Estate Commission (TREC) adopts amendments
to §535.121 concerning Inactive License without changes to the proposed
text as published in the May 13, 2005, issue of the
Texas Register
(30 TexReg 2828) and will not be republished.
The amendment revises subsection (b) to clarify that a broker may notify
the Commission that sponsorship of a salesperson has ended by either sending
the license or a copy of the license to the Commission, or otherwise notifying
the Commission that sponsorship has ended. Subsection (b) is revised because
brokers are no longer required to display a salesperson’s license certificate
at the broker’s place of business. In addition, due to budget constraints,
the Commission no longer provides a license certificate and a duplicate pocket
license on initial licensure. The Commission mails one license to the broker
which the broker then gives to the licensee to use for identification purposes.
The Commission recommends that the broker retain a copy of the license and
the information provided with the license so that the broker can notify the
Commission regarding sponsorship and renewal matters. Brokers may use an existing
TREC form, Notice of Salesperson Sponsorship Termination, to notify the Commission
that sponsorship has terminated. This form is available at no charge through
the TREC web site at www.trec.state.tx.us.
The reasoned justification for the amendments is to clarify the requirements
for brokers to provide notice when their sponsorship of a salesperson ends.
No comments were received regarding the amendments as proposed.
The amendments are adopted under Texas Occupations Code, §1101.151,
which authorizes the Texas Real Estate Commission to make and enforce all
rules and regulations necessary for the performance of its duties and to establish
standards of conduct and ethics for its licensees in keeping with the purpose
and intent of the Act to insure compliance with the provisions of the Act.
The statute affected by this adoption is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the adopted amendments.
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 14, 2005.
TRD-200502435
Loretta DeHay
General Counsel
Texas Real Estate Commission
Effective date: July 4, 2005
Proposal publication date: May 13, 2005
For further information, please call: (512) 465-3900
Chapter 571.
LICENSING
Subchapter C. LICENSE RENEWALS
22 TAC §571.54
The Texas Board of Veterinary Medical Examiners adopts amendments
to §571.54, concerning Retired License Status, without changes to the
proposed text as published in the March 18, 2005, issue of the
Texas Register
(30 TexReg 1565).
The amendments to this section pertain to a licensee who wishes to come
out of retirement and be reinstated to active status. Different requirements
are imposed, depending on whether the request for reinstatement occurs during
or after the same license renewal period in which the licensee retires. In
order to inform the retiring licensee of his options, the Board must inform
the licensee, prior to expiration of the initial renewal period, that he or
she may apply for reinstatement, or remain in retired status. A licensee electing
to remain in retired status will no longer receive license renewal notices
and will not be required to renew his or her retired license.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 14, 2005.
TRD-200502404
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 4, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 305-7555
Subchapter E. PRESCRIBING AND/OR DISPENSING MEDICATION
22 TAC §573.40
The Texas Board of Veterinary Medical Examiners adopts amendments
to §573.40, concerning Labeling of Medications Dispensed, without changes
to the proposed text as published in the March 18, 2005, issue of the
This section contains requirements for labeling of containers of medications
dispensed by veterinarians. The amendments add a requirement that a veterinarian's
telephone number, including area code, be listed on the label in order that
pet owners may quickly locate their dispensing veterinarian.
No comments were received regarding adoption of the amendment.
The amendment is adopted under the authority of the Occupations
Code, §801.151(a) which authorizes the Board to adopt rules necessary
to administer the Veterinary Licensing 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 14, 2005.
TRD-200502405
Julie A. Barker
Executive Assistant
Texas Board of Veterinary Medical Examiners
Effective date: July 4, 2005
Proposal publication date: March 18, 2005
For further information, please call: (512) 305-7555
Part 23.
TEXAS REAL ESTATE COMMISSION
Subchapter G. MANDATORY CONTINUING EDUCATION
Subchapter L. TERMINATION OF SALESPERSON'S ASSOCIATION WITH SPONSORING BROKER
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Chapter 573.
RULES OF PROFESSIONAL CONDUCT
Chapter 575.
PRACTICE AND PROCEDURE