ADOPTED RULES An agency may take final action on a section 30 days after a proposal has been published in the Texas Register. The section becomes effective 20 days after the agency files the correct document with the Texas Register, unless a later date is specified or unless a federal statute or regulation requires implementation of the action on shorter notice. If an agency adopts the section without any changes to the proposed text, only the preamble of the notice and statement of legal authority will be published. If an agency adopts the section with changes to the proposed text, the proposal will be republished with the changes. TITLE 22. EXAMINING BOARDS Part XI. Board of Nurse Examiners Chapter 217. Licensure and Practice 22 TAC sec.sec.217.2, 217.5, 217.6 The Board of Nurse Examiners adopts amendments to sec. sec.217.2, 217.5, and 217.6, concerning Licensure by Examination for Graduates of Basic Nursing Education Programs, Temporary License and Endorsement and Requirements for Licensure of Nurses Not Eligible for Temporary Licensure or Endorsement Under sec.217.5, without changes to the proposed text as published in the May 26, 1995, issue of the Texas Register (20 TexReg 3883). During the 73rd Legislative Session, the Nursing Practice Act was amended by House Bill 756 and House Bill 2180. House Bill 2180 addressed Article 4526, License Renewal. The new language states, in part, that the board by rule may adopt a system under which licenses expire on various dates during the year. Although this process has been inplace since 1981, the language was changed in the Act requiring rules addressing license renewal. The adopted amendments will bring the agency into compliance with House Bill 2180. No comments were received regarding adoption of the amendments. The amendments are adopted under the Nursing Practice Act, Texas Civil Statutes, Article 4514, sec.1, which provide 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 and conducting of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 29, 1995. TRD-9508013 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: July 20, 1995 Proposal publication date: May 26, 1995 For further information, please call: (512) 835-8675 22 TAC sec.217.18 The Board of Nurse Examiners adopts an amendment to sec.217.18, concerning Prohibition of Copying the License/Permit/Permanent Certificate of a Registered Nurse/Graduate Nurse, without changes to the proposed text as published in the May 26, 1995, issue of the Texas Register (20 TexReg 3884). This rule was implemented in 1990 in response to the number of imposter cases occurring during that period. However, since 1990, the number of imposter cases has remained constant. Following a review of the procedures required for license verification, staff concluded the rule was too restrictive and therefore, recommended modification. This proposed amendment will allow the copying of licenses by employers and credentialing organizations who have a legitimate interest in the license of a registered nurse. The adopted amendment will maintain that the copying of licenses for any reason is not permitted; however, under certain circumstances, this procedure may be No comments were received regarding adoption of the amendment. The amendment is adopted under the Nursing Practice Act, Texas Civil Statutes, Article 4514, sec.1, which provide 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 and conducting of proceedings before it. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 29, 1995. TRD-9508014 Louise Waddill, Ph.D., R.N. Executive Director Board of Nurse Examiners Effective date: July 20, 1995 Proposal publication date: May 26, 1995 For further information, please call: (512) 835-8675 Part XXXI. Texas State Board of Examiners of Dietitians Chapter 711. Dietitians 22 TAC sec.sec.711.1-711.3, 711.5-711.9, 711.13-711.15, 711. 17-711.19 The Texas State Board of Examiners of Dietitians (board) adopts amendments to sec.sec.711.1-711.3, 711.5-711.9, 711.13-711.15, and 711.17-711.19, without changes to the proposed text as published in the March 17, 1995, issue of the Texas Register (20 TexReg 1862). Specifically, the sections cover definitions; the board's operation; the profession of dietetics; experience requirements for examination; examinations for dietitian licensure; application procedures; determination of eligibility; provisional licensed dietitians; licensing of persons with criminal backgrounds to be dietitians and provisional dietitians; violations, complaints, and subsequent board actions; formal hearings; continuing education requirements; temporary license; and informal disposition. The amendments update existing sections relating to the regulation of dietitians. Specifically, the amendments add a new definition; update legal citations; add code of ethics provisions for applicants; revise rule petition procedures; require certain disclosures by a dietitian; clarify examination procedures; add requirements for provisional licensed dietitians who fail the examination; shorten the time for a pre-planned professional experience program; expand acceptable continuing education experiences; allow informal resolutions of a complaint; make various minor changes which clarify meaning without substantial change, improve grammar and style, and delete unnecessary language; waive continuing education for 60 year old dietitians not in active practice; and clarify inconsistencies in the rules. The sections insure the regulation of dietitians continues to identify competent practitioners and that licenses are increasing their knowledge and ability through continuing education. No comments were received regarding adoption of the amendments. The amendments are adopted under Texas Civil Statutes, Article 4512h, sec.5(b), which provide the Texas State Board of Examiners of Dietitians with the authority to adopt rules relating to board meetings; sec.6, relating to rules consistent with the Act, a code of ethics, and establishing qualifications and fitness of applicants; sec.9(d), relating to rules on applicant qualifications; sec.12A, relating to rules on continuing education; and sec.16C, relating to rules on informal proceedings; Government Code, sec.2001.021, relating to rules on petitions for adoption of a rule; Government Code, sec.552.230, relating to rules on public records; and Texas Civil Statutes, Article 6252-13d, relating to guidelines on criminal convictions. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on July 3, 1995. TRD-9508119 Maxine Freeman Chair Texas State Board of Examiners of Dietitians Effective date: July 24, 1995 Proposal publication date: March 17, 1995 For further information, please call: (512) 458-7236 TITLE 40. SOCIAL SERVICES AND ASSISTANCE Part I. Texas Department of Human Services Chapter 11. Food Distribution and Processing Food Distribution Program 40 TAC 11.123 The Texas Department of Human Services (DHS) adopts new sec.11.123, without changes to the proposed text as published in the May 23, 1995, issue of the Texas Register (20 TexReg 3826). The justification for the new section is to document the regulatory basis for distributing sec.110 commodities. The new section will function by providing public access to correct information. No comments were received regarding adoption of the amendment. The new section is adopted under the Human Resources Code, Title 2, Chapters 22 and 33, which provides the department with the authority to administer public and nutritional assistance programs. The new section implements the Human Resources Code, sec. sec.22.001-22.024 and sec.sec.33.001-33.024. This agency hereby certifies that the rule as adopted has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority. Issued in Austin, Texas, on June 28, 1995. TRD-9507963 Nancy Murphy Section Manager, Media and Policy Services Texas Department of Human Services Effective date: August 1, 1995 Proposal publication date: May 23, 1995 For further information, please call: (512) 450-3765