Part XI.
Board of Nurse Examiners
Chapter 215.
Nurse Education
22 TAC §§215.2-215.6, 215.14, 215.20
The Board of Nurse Examiners adopts amendments to §§215.2-215.6,
concerning Definitions, New Programs, Accreditation, Pass Rate of Graduates
on the National Council Licensure Examination for Registered Nurses and Administration
and Organization and new §215.14 and §215.20 relating to Extended
Campus/Extension Site and Closing of a Nursing Program or Distance Education
Initiative with no changes in the proposed text as published in the December
12, 1997, issue of the
Texas Register
(22
TexReg 12203).
The amendments and new sections are being adopted to address the delivery
of nursing courses via distance learning technologies. In January 1997 the
Board of Nurse Examiners (BNE) directed the Advisory Committee for Education
(ACE) to review current education rules regarding extended campuses/extension
sites and to make recommendations for possible rule changes. A subcommittee
of the ACE was formed consisting of nursing faculty and nursing practice
representatives with expertise in distance education. The subcommittee met
on four occasions and developed recommended rule changes which were presented
and approved by ACE who then sent their recommendations to the Board.
The amendments and new rules will streamline the process for nursing programs
to deliver partial and/or complete programs of study to physical locations
separated by distance from their main campus.
No comments were received.
The amendments are adopted under the Nursing Practice Act, (Texas
Civil Statutes, Article 4514), §1, which provides the Board of Nurse
Examiners with the authority and power to make and enforce all rules and
regulations necessary for the performance of its duties and conducting of
proceedings before it and Article 4518, §1, which requires the Board
to prescribe and publish the minimum requirements and standards for a course
of study in programs which prepare professional nurse practitioners. All
other regulations necessary to conduct accredited schools of nursing and
educational programs for the preparation of professional nurses shall be
as prescribed by the Board.
There are no other rules, codes, or statutes that will be affected by this
proposal.
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 January
14, 1998.
TRD-9800585
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: February 3, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 305-6811
22 TAC §215.14, §215.20
The Board of Nurse Examiners adopts the repeal of §215.14
and §215.20, concerning Extended Campus/Extension Site and Closing of
a Nursing Program with no changes in the proposed text as published in the
December 12, 1997, issue of the
Texas Register
(22 TexReg 12205).
The adopted repeal will allow for the adoption of new sections that will
streamline the process for nursing programs to deliver partial and/or complete
programs of study to physical locations separated by distance from their
main campus.
No comments were received.
The adopted repeal is adopted under the Nursing Practice Act,
(Texas Civil Statutes, Article 4514), §1, which provides the Board of
Nurse Examiners with the authority and power to make and enforce all rules
and regulations necessary for the performance of its duties and conducting
of proceedings before it.
There are no other rules, codes, or statutes that will be effected by this
proposal.
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 January
14, 1998.
TRD-9800584
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: February 3, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 305-6811
22 TAC §217.5
The Board of Nurse Examiners adopts an amendment to §217.5,
concerning Temporary License and Endorsement with no changes in the proposed
text as published in the December 12, 1997, issue of the
Texas Register
(22 TexReg 12206).
The adopted amendment will harmonize the procedures and fees charged for
eligibility determination for examination applicants, declaratory order petitioners
and endorsees by equalizing the procedures and fees applied to all persons
seeking licensure, regardless of the method of entry.
No comments were received.
The amendments are adopted under the Nursing Practice Act, (Texas
Civil Statutes), Article 4514, §1, which provides the Board of Nurse
Examiners with the authority and power to make and enforce all rules and
regulations necessary for the performance of its duties and conducting of
proceedings before it and Article 4525(a) which authorizes the Board to refuse
to admit persons to the licensing examination.
Article 4525(a) is affected by this section.
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 January
14, 1998.
TRD-9800586
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: February 3, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 305-6811
22 TAC §221.1, §221.12
The Board of Nurse Examiners adopts amendments to §221.1
and §221.12, concerning Definitions and Functions with no changes in
the proposed text as published in the December 12, 1997, issue of the
The amendments are being adopted in order that the definition of protocols/
policies/practice guidelines between physicians and APNs more accurately
reflect the Board of Medical Examiners' rules made pursuant to legislation
passed in 1995. The current rule became effective in June, 1995. Adoption
of these amendments will increase assurance that the APN and the physician
will review their protocols/ policies/practice guidelines more frequently,
thus assuring better protection of the public.
No comments were received.
The amendments are adopted under the Nursing Practice Act, (Texas
Civil Statutes, Article 4514), §1, which provides the Board of Nurse
Examiners with the authority and power to make and enforce all rules and
regulations necessary for the performance of its duties and conducting of
proceedings before it and Article 4514, §8, which provides the Board
of Nurse Examiners the authority and power to adopt rules for approval of
a registered nurse to practice as an advanced practice nurse.
There are no other rules, codes, or statutes that will be affected by this
proposal.
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 January
14, 1998.
TRD-9800587
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: February 3, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 305-6811
22 TAC §222.1
The Board of Nurse Examiners adopts an amendment to §222.1,
concerning Definitions with no changes in the proposed text as published
in the December 12, 1997, issue of the
Texas Register
(22 TexReg 12207).
The amendment is being adopted to bring the Board's rules into compliance
with statutes and expands the practice scope of advanced practice nurses.
During the 75th Legislative Session, House Bill 2846 was passed relating
to the provisions of health care services by advanced practice nurses including
expansion of sites for limited prescriptive authority. Specifically, the
law amended the definition of physician's primary practice site to include
"a clinic operated by or for the benefit of a public school district for
the purpose of providing care to the students of that district and the siblings
of those students, if consent to treatment at that clinic is obtained."
The amendment will provide the public with expanded access to health care
through the addition of the definition of primary practice site to include
the public school district clinics.
No comments were received.
The amendments are adopted under the Nursing Practice Act, (Texas
Civil Statutes, Article 4514), §1, which provides the Board of Nurse
Examiners with the authority and power to make and enforce all rules and
regulations necessary for the performance of its duties and conducting of
proceedings before it and Article 4514, §8, which provides the Board
of Nurse Examiners the authority and power to adopt rules for approval of
a registered nurse to practice as an advanced practice nurse.
There are no other rules, codes, or statutes that will be affected by this
proposal.
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 January
14, 1998.
TRD-9800588
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: February 3, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 305-6811
Chapter 361.
Administration
Petition for Adoption of Rules
22 TAC §361.22
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.22, concerning Contested Cases: Hearings, without changes to
the proposed text as published in the December 12, 1997, issue of the
No comments were received regarding the adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article 6243-101,
which provide the Texas State Board of Plumbing Examiners with the authority
to adopt rules consistent with this Act to carry out its duties in administering
this 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 February
16, 1998.
TRD-9800739
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: February 5, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 458-2145 Ext. 233
22 TAC §361.28
The Texas State Board of Plumbing Examiners adopts an amendment
to §361.28, concerning Preliminary Criminal Reviews, without changes
to the proposed text as published in the December 12, 1997, issue of the
No comments were received regarding the adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
6243-101, which provide the Texas State Board of Plumbing Examiners with
the authority to adopt rules consistent with this Act to carry out its duties
in administering this 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 February
16, 1998.
TRD-9800740
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: February 5, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 458-2145 Ext. 233
Petition for Adoption of Rules
22 TAC §365.11
The Texas State Board of Plumbing Examiners adopts an amendment
§365.11, concenring Exemptions, without changes to the proposed text
as published in the December 12, 1997, issue of the
Texas Register
(22 Tex Reg 12209). The amendment specifies that another
state must have substantially equivalent requirements for licensure in order
for the Board to waive any licensing requirement.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
6243-101, which provide the Texas State Board of Plumbing Examiners with
the authority to adopt rules consistent with this Act to carry out its duties
in administering this 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 February
16, 1998.
TRD-9800741
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: February 5, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 458-2145 Ext. 233
22 TAC §365.12
The Texas State Board of Plumbing Examiners adopts an amendment
§365.12, concerning Licensing of Persons with Criminal Backgrounds,
without changes to the proposed text as published in the December 12, 1997,
issue of the
Texas Register
(22 TexReg 12209).
The amendment specifies that the Board considers the crimes of theft and
possession of a controlled substance to be directly related to the duties
and responsibilities of licensed plumbers and plumbing inspectors.
No comments were received regarding the adoption of the amendment.
The amendment is adopted under Texas Civil Statutes, Article
6243-101, which provide the Texas State Board of Plumbing Examiners with
the authority to adopt rules consistent with this Act to carry out its duties
in administering this 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 February
16, 1998.
TRD-9800742
Robert L. Maxwell
Chief of Field Services/Investigations
Texas State Board of Plumbing Examiners
Effective date: February 5, 1998
Proposal publication date: December 12, 1997
For further information, please call: (512) 458-2145 Ext. 233
Chapter 217.
Licensure and Practice
Chapter 221.
Advanced Practice Nurses
Chapter 222.
Advanced Practice Nurses with Limited Prescriptive Authority
Part XVII.
Texas State Board of Plumbing Examiner
Chapter 365.
Licensing
Chapter 367.
Enforcement