Part 11.
BOARD OF NURSE EXAMINERS
Chapter 217.
LICENSURE, PEER ASSISTANCE AND PRACTICE
22 TAC §§217.2, 217.4, 217.5
The Board of Nurse Examiners adopts amendments to 22 TAC §§217.2(a)(5),
217.4(a)(5), and 217.5(a)(4) and (7) pertaining to Licensure, Peer Assistance
and Practice. Sections 217.2(a)(5), 217.4(a)(5) and 217.5(a)(7) address criminal
background checks for Licensed Vocational Nurses and §217.5(a)(4) addresses
credential evaluation services (CES) of foreign-educated nurses. The amendments
are adopted without changes to the proposed text as published in the February
17, 2006, issue of the
Texas Register
(31
TexReg 964).
Licensed Vocational Nurses' Criminal Background
Checks
Texas Government Code §411.125(a) was amended by the 2003 Legislative
Session (HB 2208) to read as follows:
(a) The Board of Nurse Examiners is entitled to obtain from the department
(Department of Public Safety) criminal history record information maintained
by the department that relates to a person who:
(1) is an applicant for or the holder of a license issued by the board;
(2) has requested a determination of eligibility for a license from the
board; or
(3) is subject to investigation by the board in connection with a complaint
or formal charge against the person.
Though this provision granted the board the authority to require criminal
background checks, the funding for criminal backgrounds for LVN applicants
and licensees was not provided until the 79th Regular Legislative Session
(2005). The Board began performing criminal background checks on LVNs and
LVN applicants in November 2005. These rule amendments are adopted to implement
the statute and update the licensure requirements for LVN applicants and licensees.
(Registered nurse applicants began submitting fingerprint cards for FBI criminal
background checks following the 2003 Legislative Session. All present RN and
LVN licensees are being audited over a ten year period upon renewing their
licenses.)
Credentialing Services of Foreign-Educated Nurses
The Staff requests that the board broaden the acceptable verification organizations
and availability of organizations that can provide credential evaluation services
(CES) of foreign-educated nurses to provide consistency with the existing
rule pertaining to graduates of nursing programs outside of the United States'
jurisdiction which is contained in §217.4. The board originally approved
the addition of these additional credentialing services for foreign-educated
nurses in the January 2005 board meeting. To provide consistency within the
rules, the requirements in §217.5 need to be updated to reflect the requirements
of §217.4.
No comments were received in response to the proposal.
The amendments are adopted 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 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 27, 2006.
TRD-200601835
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: April 16, 2006
Proposal publication date: February 17, 2006
For further information, please call: (512) 305-6823
Chapter 521.
FEE SCHEDULE
22 TAC §521.14
The Texas State Board of Public Accountancy adopts an amendment
to §521.14 concerning Eligibility Fee without changes to the proposed
text as published in the February 3, 2006, issue of the
Texas Register
(31 TexReg 643). The text of the rule will not be republished.
The amendment to §521.14 will add a new subsection (c) that reads
"The eligibility fee may be paid electronically through the State of Texas
online e-pay system and applicable processing fees for the use of this service
will be added to the total fee paid." and changes the old subsection (c) into
subsection (e). The new subsection (c) will give potential applicants for
the computer based CPA exam the option of paying their eligibility fee electronically.
It also adds a new subsection (d) that grants applicants 180 days to complete
the application before the application fee is forfeited.
The amendment will function by giving potential applicants the option of
conveniently paying the CPA examination eligibility fee electronically and
granting 180 days to complete the application before the application fee is
forfeited.
No comments were received regarding adoption of the amendment.
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 23, 2006.
TRD-200601786
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 12, 2006
Proposal publication date: February 3, 2006
For further information, please call: (512) 305-7848
Subchapter B. CONTINUING PROFESSIONAL EDUCATION RULES FOR INDIVIDUALS
22 TAC §523.112
The Texas State Board of Public Accountancy adopts an amendment
to §523.112, concerning Mandatory CPE Attendance, without changes to
the proposed text as published in the February 3, 2006, issue of the
The amendment to §523.112 will make it clear that only 40 hours of
CPE is required to re-activate a license on retired or disabled status.
The amendment will function by providing greater clarity regarding the
requirements for re-activating a license on retired or disabled status.
No comments were received regarding adoption of the amendment.
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 23, 2006.
TRD-200601787
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 12, 2006
Proposal publication date: February 3, 2006
For further information, please call: (512) 305-7848
Chapter 591.
GENERAL PROVISIONS
22 TAC §591.21
The Texas Structural Pest Control Board adopts an amendment
to 22 TAC §591.21, concerning Definitions of Terms, without changes to
the proposed text as published in the December 23, 2005, issue of the
Justification for the amendment is that the rule follows the suggestion
of the Office of the Attorney General letter ruling for the Board to define
"infest" and "infestation." The Board with this rule change defines both "infest"
and "obnoxious and unwanted animals or plants."
The adopted amendment will function by defining "infest" and "infestation."
The rule change will also list all definitions in alphabetical order.
No comments were received regarding the amendment.
The amendment is adopted under the Structural Pest Control Act,
Chapter 1951 of the Texas Occupations Code, which provides the Texas Structural
Pest Control Board with the authority to license and regulate the structural
pest control industry.
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, 2006.
TRD-200601762
Murray Walton
Executive Director
Texas Structural Pest Control Board
Effective date: April 11, 2006
Proposal publication date: December 23, 2005
For further information, please call: (512) 305-8270
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 523.
CONTINUING PROFESSIONAL EDUCATION
Part 25.
TEXAS STRUCTURAL PEST CONTROL BOARD
Chapter 593.
LICENSES