Part 11.
BOARD OF NURSE EXAMINERS
Chapter 214.
VOCATIONAL NURSING EDUCATION
22 TAC §§214.2, 214.3, 214.9
The Board of Nurse Examiners (Board) proposes amendments
to 22 Texas Administrative Code §§214.2, 214.3, and 214.9, concerning
Vocational Nursing Education. At the October 2004 Board meeting a question
was raised regarding efficacy of the prior Board of Vocational Nurse Examiners'
rule, 22 TAC Chapter 233, and current Rule 214 which allowed LVNs to be employed
as vocational nursing faculty in nursing skills labs, nursing fundamentals
theory courses and clinical instruction in all levels of clinical courses.
A charge was issued to ACE to review Chapter 214 and to make a recommendation
to the Board regarding educational preparation for vocational nursing faculty.
On February 24, 2005, the Board's Advisory Committee on Education (ACE) met
to consider continuing concerns arising from Chapter 214, Vocational Nursing
Education.
ACE determined that: 1) based on excellent NCLEX passage rates and the
recent change in ratios which may affect the vocational nursing programs'
economic situation, a "vocational" educational model where LVN mentors are
a core component of the program would be advantageous; and 2) LVNs should
continue to teach in vocational nursing programs with guidelines formulated
by board staff. ACE polled 37 vocational nursing programs identified as using
vocational nurses in various aspects of instruction. A standardized set of
questions was asked of each program. A total of seventeen (17) responses,
representing twenty-five (25) vocational nursing programs were tabulated by
an ACE member. The data reflected that 30.3% of the vocational nursing programs
in the state utilize LVNs in some manner. The major rationales identified
by programs for hiring LVNs included: difficulty in finding RN clinical instructors;
strong clinical background/teaching experience; and LVN faculty have been
in schools for a long time. In addition, programs utilizing LVNs as faculty
have not experienced a negative effect on NCLEX-PN pass rates. The NCLEX-PN
pass rates of programs utilizing LVNs exceed 80%.
ACE also recommended amending §214.3(b)(3), Program Development, Expansion,
and Closure, to read, "when the extension program's curriculum deviates from
the original program in any way, the proposed extension is viewed as a new
program and Board guidelines for a new program apply." This statement would
provide clarity and direction to board staff in defining the meaning of extension
and new program, and would give programs the latitude to offer the approved
vocational nursing curriculum in a variety of ways to meet the needs of the
local community. For example, the program would not have to submit a full
proposal to offer an extension program which mirrors the approved curriculum,
hours and philosophy of the main program. For consistency and clarity, ACE
recommended amending §214.2(39)(C), Definitions, to read "a newly created
program of study in which the curriculum, teaching resources, or program hours
required to complete the program differs from that of the main location,"
for purposes of clarity and consistency with §214.3(b)(3).
Finally, §214.9(k) should be deleted because it conflicts with the
intent of §§214.6(h), 214.9(f) and 214.9(g). Section 214.6(h) gives
the program director the authority to direct the program in all its phases,
including approval of teaching staff, selection of appropriate clinical sites,
admission, progression, etc. Section 214.9(k) would require informing board
staff of all changes such as faculty selection, clinical site selection, revision
of policies for admission, progression, etc. while §214.9(f) implies
that programs have the latitude to implement minor curriculum changes without
board staff approval. The required reporting would occur with submission of
the annual report. However, §214.9(k) implies that all changes, even
minor curriculum changes must be reported and approved; therefore, the Board
proposes the deletion of this section.
Katherine Thomas, executive director, has determined that for the first
five-year period the proposed amendments are adopted there will be no fiscal
implications for state or local government as a result of implementing the
proposed amendments.
Ms. Thomas has also determined that for each year of the first five years
the proposed amendments are adopted, the public benefit will be that the new
rules will safeguard the welfare of the public of this State through implementation
of educational standards that provide assurance that nurses are safe practitioners.
There will not be an effect on small businesses. There is no anticipated cost
to affected individuals as a result of this proposed adoption.
Written comments on the proposal may be submitted to Katherine A. Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite
3-460, Austin, Texas 78701.
The proposed amendments are 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. These proposals will
not affect any existing statute.
§214.2.Definitions.
Words and terms, when used in this chapter, shall have the following
meanings unless the context clearly indicates otherwise:
(1) - (38)
(No change.)
(39)
Vocational Nursing Education Program--a unit or entity
within an educational setting which provides a program of study preparing
graduates who are competent to practice safely and who are eligible to take
the NCLEX-PN examination. Types of programs:
(A) - (B)
(No change.)
(C)
New program--a newly created program of study in which
the curriculum, teaching resources, or
program hours
[
§214.3.Program Development, Expansion, and Closure.
(a)
(No change.)
(b)
Extension Program.
(1) - (2)
(No change.)
(3)
When the extension
program's curriculum
[
(4) - (5)
(No change.)
(c) - (d)
(No change.)
§214.9.Program of Study.
(a) - (j)
(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 April 26, 2005.
TRD-200501719
Katherine Thomas
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 305-6823
22 TAC §215.6, §215.7
The Board of Nurse Examiners (Board) proposes amendments
to 22 Texas Administrative Code §215.6 and §215.7, concerning Professional
Nursing Education. On February 24, 2005, the Board's Advisory Committee on
Education (ACE) met regarding a charge from the Board to consider concerns
arising from Chapter 214, Vocational Nursing Education, and Chapter 215, Professional
Nursing Education. During the meeting amendments to Chapter 215 were considered.
The proposal amends §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 is 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) is modified to provide
clarity in the intent of the rule.
Katherine Thomas, executive director, has determined that for the first
five-year period the proposed amendments are adopted there will be no fiscal
implications for state or local government as a result of implementing the
proposed amendments.
Ms. Thomas has also determined that for each year of the first five years
the proposed amendments are adopted, the public benefit will be that the new
rules will safeguard the welfare of the public of this State through implementation
of educational standards that provide assurance that nurses are safe practitioners.
There will not be an effect on small businesses. There is no anticipated cost
to affected individuals as a result of this proposed adoption.
Written comments on the proposal may be submitted to Katherine A. Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite
3-460, Austin, Texas 78701.
The proposed amendments are 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. These proposals will
not affect any existing statute.
§215.6.Administration and Organization.
(a) - (e)
(No change.)
(f)
Each professional nursing education program shall be administered
by a qualified individual who is accountable for the planning, implementation
and evaluation of the professional nursing education program. The dean or
director shall:
(1)
(No change.)
(2)
hold a master's degree
or a doctorate degree
in
nursing;
(3)
(No change.)
(4)
have a minimum of three years teaching experience in a
professional nursing education program; [
(5)
have demonstrated knowledge, skills and abilities in administration
within a professional nursing education program
; and
[
(6)
not carry a teaching load of more than
three clock hours per week if required to teach.
(g)
When the dean or director of the program changes, the
dean or director shall submit to the Board office written notification of
the change indicating the final date of employment.
(1)
A new dean or director qualification form shall be submitted
to the office by the governing institution for approval prior to
the
appointment
of a new dean or director
in an existing program
or a new nursing program.
(2) - (4)
(No change.)
(h)
(No change.)
§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) - (3)
(No change.)
[
(b)
(No change.)
(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) - (B)
(No change.)
(C)
Hold a master's degree
or doctorate degree
,
preferably in nursing. [
[
[
(D)
A nurse faculty member holding a master's
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)
[
(F)
[
(2) - (3)
(No change.)
(d) - (g)
(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 April 26, 2005.
TRD-200501718
Katherine Thomas
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 305-6823
22 TAC §217.6
The Board of Nurse Examiners proposes an amendment to 22
Texas Administrative Code §217.6, Failure to Renew License, addressing
late renewal fees as it applies to individuals on active duty in the United
States armed forces serving outside the state. Texas Occupations Code §55.002
requires a state agency that issues a license to "adopt rules to exempt an
individual who holds a license issued by the agency from any increased fee
or other penalty imposed by the agency for failing to renew the license in
a timely manner if the individual establishes to the satisfaction of the agency
that the individual failed to renew the license in a timely manner because
the individual was on active duty in the United States armed forces serving
outside this state." In compliance with this requirement, §217.6 is amended
by adding new proposed subsection (g) and puts into rule the existing policy
of the Board. In addition, a few modifications are made to subsections (b)
and (c) for clarification only.
Katherine Thomas, executive director, has determined that for the first
five-year period the proposed amendments are adopted there will be no fiscal
implications for state or local government as a result of implementing the
proposed amendments.
Ms. Thomas has also determined that for each year of the first five years
the proposed amendments are adopted, the public benefit will be that the new
rules will prevent actively deployed nurses from being penalized for late
licensure renewals though the Board's practice has been to grant a waiver.
There will not be an effect on small businesses. There is no anticipated cost
to affected individuals as a result of this proposed adoption.
Written comments on the proposal may be submitted to Katherine A. Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, 333 Guadalupe, Suite
3-460, Austin, Texas 78701.
The proposed amendments are pursuant to the authority of Texas
Occupations Code §301.151 which authorizes the Board of Nurse Examiners
to adopt, enforce, and repeal rules consistent with its legislative authority
under the Nursing Practice Act. This proposal will comply with and affect
Texas Occupations Code §55.002.
§217.6.Failure to Renew License.
(a)
(No change.)
(b)
A nurse who is not practicing nursing and who fails to
maintain a current license from any licensing authority for four or more years
will be required to:
(1)
complete a [
(2) - (4)
(No change.)
(5)
submit evidence of completion of 20 contact hours of acceptable
continuing education
for
[
(c)
A nurse who fails to maintain a current Texas license
for four years or more and who is licensed and has practiced in another state
during
[
(d) - (f)
(No change.)
(g)
Special Reactivation Provisions for Actively
Deployed Nurses.
(1)
If a nurse's license lapses and becomes
delinquent while serving in the military whenever the United States is engaged
in active military operations against any foreign power, the license may be
reactivated without penalty or payment of the reactivation late renewal fee(s)
under the following conditions:
(A)
The license was active at the time of
deployment.
(B)
The application for reactivation is made
while still in the armed services or no later than three months after discharge
from active service or return to inactive military status.
(C)
A copy of the military activation orders
or other proof of active military service accompanies the application;
(D)
The renewal fee is paid; and
(E)
If the required continuing education contact
hours were not earned for renewal during the earning period, the nurse shall
be required to complete the required continuing education hours needed for
renewal no later than three months after discharge from active service, return
to inactive military status, or return to the United States from an active
war zone.
(2)
The continuing education contact hours
used for reactivation may not be used for the next license renewal.
(3)
The continuing education contact hours
for the next license renewal following reactivation may not be prorated.
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 April 26, 2005.
TRD-200501720
Katherine Thomas
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 305-6823
22 TAC §§227.1 - 227.6
The Board of Nurse Examiners (Board) proposes new 22 Texas
Administrative Code Chapter 227, §§227.1 - 227.6, Pilot Programs
for Innovative Applications to Professional Nursing Education. 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. The Board first
acted with this authorization in April 2004 and approved an initial pilot
program, the M.D. Anderson Patient Safety Pilot Program, designed to evaluate
the efficacy and effect on the public of nursing error reporting systems and
to encourage the identification of system errors.
The BNE consistently receives requests for flexibility and creativity from
nursing education programs wanting to explore new approaches to nursing education.
Consequently, offering a proposal process that will encourage the development,
implementation and study of innovative approaches will support the efforts
of nursing education programs to train and graduate competent, safe registered
nurses. In January 2005, staff informed the Board of the approach by several
entities inquiring about the process for obtaining Board permission for waiving
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. Subsequent to the adoption of this rule, the
Board will issue a Request for Proposal for nursing education pilot programs.
Kathy Thomas, Executive Director, has determined that there are no fiscal
implications for state or local government entities as a result of adopting
this rule for the first five-year period.
Ms. Thomas has also determined that for each year of the first five years
the new rule is adopted the public benefit is that these pilot programs may
contribute to the development of alternative avenues to increase admission
into schools of nursing, may elicit creative approaches for evidence-based
nursing education, and may provide a stimulus for Board rule revision and/or
development. There will be no cost to small businesses or individuals as a
result of adopting this rule, except to those entities whose request for a
pilot study is approved.
Comments on the proposed rule adoption must be made in writing to Kathy
Thomas, Executive Director, Board of Nurse Examiners for the State of Texas,
333 Guadalupe, Suite 3-460, Austin, Texas 78701.
The proposal of new Chapter 227 is proposed 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 proposed adoption of the new rules affect the NPA, Texas Occupations
Code §301.1605 and §301.1606, as it pertains to pilot programs.
§227.1.Pilot Programs for Innovative Applications to Professional Nursing Education.
The purpose of this rule is to establish the procedures to assure that
pilot programs for innovative applications to professional nursing education
conducted under Tex. Occ. Code §301.1605 are conducted in a manner consistent
with the Board's role of protection of the public and are structured appropriately
to evaluate the efficacy and effect on professional nursing students through
the innovative application of professional nursing education programs.
§227.2.Initiation of Approval for Innovative Applications to Professional Nursing Education Programs.
(a)
Innovative Applications in Professional Nursing Education
Programs under this rule may be conducted:
(1)
by the Board on its own initiative; or
(2)
by a third party either through an application or request
for proposal process.
(b)
If by application, the application must be submitted on
an application form developed by the Board and comply with all conditions
set by the Board for applying for a pilot.
(c)
If by request for proposal, the submitted proposal must
comply with all conditions set out in the request for proposal.
(d)
The Board shall have the right to limit the number of pilots
that are approved and to refuse to accept an application on the basis that
the Board is not accepting new pilot program applications.
(e)
If an application or proposal is submitted with incomplete
information, the Board may:
(1)
reject the application or proposal; or
(2)
request the incomplete information be provided.
(f)
As a condition of approving an application or proposal,
the Board may request changes be made in how the pilot is designed so as to
better meet the purpose for pilots conducted under this rule as set out in §227.1.
§227.3.General Selection Criteria.
(a)
Applications will be approved based on the innovative application
to a professional nursing program's ability to meet the purpose of the rules.
Selection criteria shall be based on:
(1)
Program quality as determined by the Board;
(2)
Description of the pilot program, including the body of
knowledge that has influenced the development of the proposed program and
the financial support for the proposed program;
(3)
Methodology of the pilot program, including research objectives
and qualitative and/or quantitative metrics used to evaluate the program;
(4)
Pilot program outcomes, including how the success of the
program will improve nursing education and enhance nursing practice;
(5)
Program innovation; and
(6)
Controls to maintain quality education:
(A)
Methods shall be incorporated into the plan to ensure that
students in innovative programs receive an equivalent, quality education
as do students in standard programs (comparative group);
(B)
Ongoing evaluation shall be implemented to determine the
students' progress in the innovative program; and
(C)
If evidence indicates that students are not meeting objectives
in innovative programs, a plan for corrective measures to re-mediate must
be in place.
(7)
Other factors including financial ability to perform the
innovative professional nursing education pilot program, State and regional
needs and priorities, ability to continue the professional nursing education
pilot program after the initial application period, past performance of the
applicant, and other related factors as determined by the Board.
(b)
Programs shall have a defined length, not to exceed two
years. Programs may be extended upon approval of a written application submitted
to the Board.
§227.4.Application and Review Process.
(a)
The Executive Director shall screen and evaluate the quality
of applications and proposals to determine if they meet the criteria of §227.3.
The Executive Director shall forward qualified applications and proposals
to the Board for evaluation. Eliminated applicants shall be notified by the
Board.
(b)
The Board may approve the proposal, defer action on the
proposal, or deny further consideration of the proposal.
(c)
If the proposed pilot receives approval, the nursing education
program must submit a written report of outcomes resulting from the innovative
educational application within 90 days from completion of the pilot.
(d)
If the nursing education program requests that the innovative
professional nursing education pilot program become a permanent part of an
approved nursing program, a proposal shall be submitted to the Board by the
Director of the program after the final evaluation of the project has been
submitted and no less then 60 days prior to a regularly scheduled meeting
of the Board. The proposal shall include information outlined in Board guidelines.
§227.5.Monitoring and Evaluating Innovative Applications for Professional Nursing Education Programs.
(a)
All nursing education pilot programs shall be subject to
monitoring and evaluation by the Board to ensure compliance with the criteria
of this rule and obtain evidence that research goals are being pursued.
(b)
The Board may require that the entity conducting a nursing
education pilot program under this rule reimburse the Board for the cost of
monitoring and evaluating the nursing education pilot program.
(c)
The Board may contract with a third party to perform the
monitoring and evaluation of nursing education pilot programs.
(d)
The Board may arrange for a nursing education pilot program
to directly reimburse a third party for the monitoring and evaluation of a
nursing education pilot program.
§227.6.Contract Discussions.
(a)
Contracts following the approval of an application or proposal
by the Board: the successful applicant must sign a contract issued by the
Executive Director and based on the information contained in the application.
(b)
Subcontracts with the prior written approval of the Board:
the successful applicant may enter into third party contracts and subcontracts
to conduct the nursing education pilot program.
(c)
Cancellation or suspension of programs: the Board has the
right to reject all applications and proposals, and cancel any nursing education
pilot program solicitations before a contract is signed. Breach of contract
will result in termination of the nursing education pilot program.
(d)
Requirements for applications: the full text of the administrative
regulations and funding requirements for this nursing education pilot program
is contained in the official Request for Proposal available on request from
the Board.
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 April 26, 2005.
TRD-200501717
Katherine Thomas
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 305-6823
Chapter 535.
GENERAL PROVISIONS
Subchapter E. REQUIREMENTS FOR LICENSURE
22 TAC §535.51
The Texas Real Estate Commission (TREC) proposes amendments
to §535.51, concerning General Requirements. 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.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the section. There is no anticipated impact on small businesses, micro-businesses
or local or state employment as a result of implementing the section.
Ms. DeHay also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the amendment will be clarification of the requirements for timeliness
of education evaluations. The anticipated economic cost to persons who are
required to comply with the proposed amendment is $20 to the extent the person
wishes to file an application for licensure with the commission and the applicant
has not obtained an education evaluation within one year of the date of the
application for licensure.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed 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 proposal is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the proposed amendments.
§535.51.General Requirements.
(a) - (b)
(No change.)
(c)
The commission shall return applications to applicants
when it has been determined that the application fails to comply with one
of the following requirements.
(1) - (5)
(No change.)
(6)
The applicant has not obtained
, within one year from
the date the application is filed,
an evaluation from the commission
showing the applicant meets education requirements or experience requirements
have not been satisfied.
(d) - (e)
(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 April 27, 2005.
TRD-200501728
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 465-3900
22 TAC §535.71
The Texas Real Estate Commission (TREC) proposes amendments
to §535.71, concerning Mandatory Continuing Education (MCE): Approval
of Providers, Courses and Instructors. The amendment revises subsection (d)(11)
of §535.71 which adopts by reference MCE Form 14-1, Individual MCE Partial
Credit Request Form. The Commission proposes 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.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the section. There is no anticipated impact on small businesses, micro-businesses
or local or state employment as a result of implementing the section.
Ms. DeHay also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the amendments will be better educated licensees who are taught
relevant real estate related courses by experts in the appropriate field of
expertise. There is no anticipated economic cost to persons who are required
to comply with the proposed amendment.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed 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 proposal is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the proposed amendments.
§535.71.Mandatory Continuing Education: Approval of Providers, Courses and Instructors.
(a) - (c)
(No change.)
(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) - (10)
(No change.)
(11)
MCE Form 14-
1
[
(12) - (13)
(No change.)
(e) - (gg)
(No change.)
(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 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 April 27, 2005.
TRD-200501729
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 465-3900
22 TAC §535.121
The Texas Real Estate Commission (TREC) proposes amendments
to §535.121, concerning Inactive License. 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.
Loretta R. DeHay, General Counsel, has determined that for the first five-year
period the section is in effect there will be no fiscal implications for the
state or for units of local government as a result of enforcing or administering
the section. There is no anticipated impact on small businesses, micro-businesses
or local or state employment as a result of implementing the section.
Ms. DeHay also has determined that for each year of the first five years
the section as proposed is in effect the public benefit anticipated as a result
of enforcing the section will be clarification of the requirements for brokers
to provide notice when their sponsorship of a salesperson ends. There is no
anticipated economic cost to persons who are required to comply with the proposed
amendment.
Comments on the proposal may be submitted to Loretta R. DeHay, General
Counsel, Texas Real Estate Commission, P.O. Box 12188, Austin, Texas 78711-2188.
The amendments are proposed 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 proposal is Texas Occupations Code, Chapter
1101. No other statute, code or article is affected by the proposed amendments.
§535.121.Inactive License.
(a)
(No change.)
(b)
When the sponsorship of a salesperson ends, the broker
shall immediately return the salesperson's license
or copy thereof
[
(c)
A salesperson's license becomes
inactive when a broker returns a salesperson's license to the commission until
a new sponsorship form for the salesperson is mailed or delivered to the commission.
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 April 27, 2005.
TRD-200501730
Loretta DeHay
General Counsel
Texas Real Estate Commission
Earliest possible date of adoption: June 12, 2005
For further information, please call: (512) 465-3900
length
of time
] required to complete the program differs from that of the main
location.
program
] deviates from the original program in any way, the proposed
extension is viewed as a new program and Board guidelines for a new program
apply.
(k)
Programs shall apprise the Board office
of any program changes. (Proposed amendment to Board to delete.)
]
Chapter 215.
PROFESSIONAL NURSING EDUCATION
and
]
.
]
(4)
If the dean or director is required to
teach, he or she shall carry a teaching load of no more than three clock hours
per week.
]
A nurse faculty member holding a master's 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.
]
(D)
] 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.
(E)
] In baccalaureate programs,
an increasing number of faculty members should hold doctoral degrees appropriate
to their responsibilities.
Chapter 217.
LICENSURE, PEER ASSISTANCE AND PRACTICE
board-approved
] refresher course[
,
]
or
extensive orientation to the practice of nursing, or
completion of a nursing program of study. The applicant will submit an application
for temporary permit for the limited purpose of completing a refresher course,
extensive orientation to the practice of nursing, or program of study;
within
] the [
previous
] two years
immediately preceding the application for relicensure
.
a minimum of two of
] the previous four years preceding
the application for relicensure in Texas, shall be exempt from requirements
of subsection (b)(1) and (2) of this section.
Chapter 227.
PILOT PROGRAMS FOR INNOVATIVE APPLICATIONS TO PROFESSIONAL NURSING EDUCATION
Part 23.
TEXAS REAL ESTATE COMMISSION
Subchapter G. MANDATORY CONTINUING EDUCATION
0
], Individual MCE
Partial Credit Request Form;
Subchapter L. TERMINATION OF SALESPERSON'S ASSOCIATION WITH SPONSORING BROKER
certificate
] to the commission
or otherwise notify the commission
that the sponsorship has ended
. The commission will no longer consider
the broker to sponsor the salesperson upon receipt of the license [
certificate
] or upon receipt of a written request from a new sponsoring broker
to sponsor the salesperson, whichever first occurs. If the sponsorship has
ended because the broker has terminated the sponsorship, the broker shall
immediately so notify the salesperson in writing. If the sponsorship has ended
because the salesperson has left the sponsorship, the salesperson shall immediately
so notify the broker in writing. If the commission receives a request from
a broker to sponsor a salesperson shown in the commission's records as sponsored
by another broker, the commission shall notify the former broker of the change
in sponsorship [
and request the former broker to return the license certificate
to the commission
].
Subchapter R. REAL ESTATE INSPECTORS