TITLE examining-boards

Part XII. Board of Vocational Nurse Examiners

Chapter 237. Continuing Education

Subchapter A. Definitions

22 TAC §237.1

The Board of Vocational Nurse Examiners adopts the repeal of §237.1 relating to Definitions without changes to the proposed text published in the June 25, 1999 issue of the Texas Register (24 TexReg 4692).

This rule is adopted for clarification and to establish a numbering system for all definitions.

No comments were received relative to the repeal of this rule.

The repeal is adopted under Texas Civil Statutes, Article 4528c, Section 4(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

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 August 4, 1999.

TRD-9904805

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 24, 1999

Proposal publication date: June 25, 1999

For further information, please call: (512) 305-8100


The Board of Vocational Nurse Examiners adopts new §237.1 relating to Definitions with changes to the proposed text published in the June 25, 1999 issue of the Texas Register (24 TexReg 4692). The change is in (13) Delinquent License. The word licensure should read relicensure.

New §237.1 is adopted for clarification and to establish a numbering system for all definitions.

No comments were received relative to the adoption of this rule.

The rule is adopted under Texas Civil Statutes, Article 4528c, Section 4(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

§237.1.Definitions.

The following words and terms, when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

(1)

Academic Course--A specific set of learning experiences offered in an accredited school, college, or university. Academic credit will convert on the following basis: one academic quarter hour=10 contact hours; one academic semester hour=15 contact hours.

(2)

Accredited--Recognized as having met certain predetermined standards or qualifications. The accreditation applies to an agency or organization which is recognized by the Board to approve programs and providers.

(3)

Approved--Recognized as having met established standards and predetermined criteria of the Board.

(4)

Approver--Agency or organization recognized by the Board to approve programs and/or providers. May be referred to as credentialing agency.

(5)

Audit--Verification of a licensee's (or provider's) satisfactory completion of the Board's criteria related to continuing education during a specified time period.

(6)

Auditing Academic Courses--Attending courses in nursing or health care in a university or college program without receiving formal credit.

(7)

Authorship--Development of an original manuscript for a journal article or text accepted by a publisher for statewide or national distribution on a subject related to nursing or health care.

(8)

Board--Board of Vocational Nurse Examiners

(9)

C.E.U.--continuing education unit. Unit of measure used to designate 10 contact hours. One CEU = 10 contact hours.

(10)

Classroom Instruction--Workshops, seminars, institutes, conferences or short-term courses which the individual attends and are approved for continuing education credit.

(11)

Contact Hour--50 consecutive minutes of participation in an approved learning activity.

(12)

Continuing Education--Programs beyond the basic preparation which are designed to promote and enrich knowledge, improve skills and develop attitudes for the enhancement of nursing practice, thus improving health care to the public.

(13)

Delinquent License--One which has not been renewed by the Board due to failure to meet relicensure requirements. Also referred to as a lapsed license.

(14)

Endorsement--Process by which a licensee from another state whose requirements are equal to those of Texas, and whose individual qualifications are equivalent to those required by law is granted a license to practice as a licensed vocational nurse in this state without examination after paying the required fee and meeting all other requirements.

(15)

External Nursing Degree Courses--Courses leading to a degree in nursing that are granted by an accredited institution via distance learning. The institution is not required to be located in Texas but is required to meet the Texas Higher Education Coordinating Board's rules for degree granting in Texas and recognized by a state board of nursing.

(16)

Inactive License--License which provides legal authority to use the title vocational nurse, but which prohibits the nurse from being gainfully employed.

(17)

Individualized Instruction--A program initiated by the individual and completed at the individual's pace. Activities which may be approved for credit include home study and programmed instruction.

(18)

Inservice--Programs sponsored by the employing agency to provide information about the work-setting, such as philosophy, policies and procedures, on-the-job training, orientation, and equipment demonstration. These do not meet criteria for continuing education credit.

(19)

Institutional-based Instruction--Planned programs conducted by the employing agency for the development of its nursing staff's knowledge and improvement of skills. Institutional-based instruction which meets the Board's criteria may be approved for C. E. credit. This shall not be inservice programs.

(20)

Nursing Practice--Performance of services for compensation appropriate for licensed vocational nurses employed in clinical settings, administration, education, or research

(21)

Orientation--A program designed to introduce employees to the philosophy, goals, policies, procedures, role expectations and physical facilities of a specific work place. This does not meet the continuing education criteria as intended by these rules.

(22)

Program--An organized educational activity designed and evaluated to meet a set of behavioral objectives. May be presented in one session or a series of sessions.

(23)

Program Development--The development and presentation of a program which is not part of the licensee's primary employment responsibilities may be considered for continuing education credit for the program presenter.

(24)

Provider--Individual, partnership, organization, agency or institution which offers continuing education programs.

(25)

Provider Number--Unique number assigned to the provider upon approval by a credentialing agency.

(26)

Reactivation--Process of making a license current, which has been held in abeyance per licensee's request for placement on the inactive list. This process does not involve Board action at any juncture.

(27)

Refresher Course--Program designed to update knowledge of current nursing theory and clinical practice. Consists of a didactic and clinical component to ensure entry level competencies into vocational nursing practice. Refresher courses are not acceptable for continuing education credit.

(28)

Reinstatement--The individual with a revoked or suspended license must demonstrate or supply evidence to the Board of their rehabilitation or current fitness to hold a license. Reinstatement petitions shall be considered no sooner than five years following a revocation order, one year following a voluntary surrender revocation order, or in the case of a suspension order, upon conclusion of the specified period of suspension.

(29)

Renewal Period--Two year period determined by the licensee's birth month and year. It begins on the first day of the month following the birth month and ends on the last day of the birth month in odd or even-numbered years. Also called biennium.

(30)

Self-directed Study--An educational activity where the learner takes the initiative and the responsibility for assessing, planning, implementing and evaluating the activity.

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 August 4, 1999.

TRD-9904806

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 24, 1999

Proposal publication date: June 25, 1999

For further information, please call: (512) 305-8100


Subchapter B. Continuing Education

22 TAC §237.16

The Board of Vocational Nurse Examiners adopts the amendment of §237.16 relating to Additional Criteria for Specific Continuing Education Programs without change to the proposed text as published in the June 25, 1999, issue of the Texas Register (24 TexReg 4693). Therefore, the text will not be republished.

The amendment is adopted to clarify awarding of contact hours for written proficiency examinations.

No comments were received relative to the adoption of the amendment.

The amendment is adopted under Texas Civil Statutes, Article 4528c, §4(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

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 August 4, 1999.

TRD-9904807

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 24, 1999

Proposal publication date: June 25, 1999

For further information, please call: (512) 305-8101


Chapter 239. Contested Case Procedure

Subchapter A. Definitions

22 TAC §239.1

The Board of Vocational Nurse Examiners adopts the amendment to §239.1 relating to definitions without changes to the proposed text as published in the June 25, 1999, issue of the Texas Register (24 TexReg 4694). Therefore, the text will not be republished.

The rule is amended to include a definition for Professional Boundary.

No comments were received relative to the adoption of this amendment.

The amendment is adopted under Texas Civil Statutes, Article 4528c, §5(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law. No other statute, article or code 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 August 4, 1999.

TRD-9904809

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 24, 1999

Proposal publication date: June 25, 1999

For further information, please call: (512) 305-8101


Subchapter B. Enforcement

22 TAC §239.11

The Board of Vocational Nurse Examiners adopts the amendment of §239.11 relating to unprofessional conduct without changes to the proposed text as published in the June 25, 1999, issue of the Texas Register (24 TexReg 4694). Therefore, the text will not be republished.

The rule is amended to specifically address professional boundary violations. The amendment will enhance the effectiveness of the Board in disciplining LVNs who endanger the appropriate professional relationship.

No comments were received to the adoption of the amendment.

The amendment is adopted under Texas Civil Statutes, Article 4528c, §5(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

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 August 4, 1999.

TRD-9904810

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 24, 1999

Proposal publication date: June 25, 1999

For further information, please call: (512) 305-8101


Chapter 240. Peer Review and Reporting

22 TAC §240.11, §240.12

The Board of Vocational Nurse Examiners adopts the amendments of §240.11 relating to Minor Incidents and §240.12 relating to Mandatory Reporting with changes to the proposed text as published in the June 25, 1999, issue of the Texas Register (24 TexReg 4695). Section 240.12(a) as published is missing the word "to" between "violation" and "the" in the last sentence.

The amendments to §240.11 and §240.12 are adopted for clarification.

No comments were received relative to the adoption of these amendments.

The amendments of these rules are adopted under Texas Civil Statutes, Article 4528c, §4(f), which provides the Board of Vocational Nurse Examiners with the authority to make such rules and regulations as may be necessary to carry in effect the purposes of the law.

§240.11. Minor Incidents.

(a)-(e)

(No change.)

(f)

Nothing in this rule is intended to prevent reporting alleged violations as described in §240.12 of this Chapter entitled Mandatory Reporting.

§240.12. Mandatory Reporting.

(a)

A licensed vocational nurse who has observed a violation of the Vocational or RN Nurse Act/Rules which exposed a patient or other person unnecessarily to a serious risk or harm resulting in further medical intervention and/or death shall report said violation to the appropriate supervisory individual and/or submit a written complaint to the appropriate board. The person in authority shall initiate an investigation and report the violation to the peer review committee as deemed appropriate. In facilities where there is no peer review committee, the individual in authority will report the violation to the board office in a signed written document that includes the name of the nurse committing the alleged violation and any other pertinent information.

(b)

Each employer of a vocational nurse who is believed to have exposed a patient or other person unnecessarily to serious risk of harm, resulting in further medical intervention and/or death, because of unprofessional conduct, failure to adequately care for a patient, failure to conform to the minimum standards of acceptable vocational nursing practice, or impairment, shall report to the Board in a signed written document, the name of the vocational nurse committing the alleged violation and any other pertinent information within the vocational nurse employer's knowledge.

(c)

Each vocational nurse employer that regularly employs, hires or otherwise contracts for the services of 10 or more vocational nurses shall develop a written plan for identifying and reporting vocational nurses in its service who expose patients or other persons unnecessarily to a serious risk of harm resulting in further medical intervention and/or death, because of unprofessional conduct, failure to adequately care for a patient, failure to conform to the minimum standards of acceptable vocational nursing practice, or impairment. The plan must include an appropriate process for the review of any incident reportable under this Chapter by a vocational nursing peer review committee established and operated under §240.13 and for the affected vocational nurse to submit rebuttal information to that committee.

(d)

(No change.)

(e)

Each national or state association of vocational nurses that conducts a certification or accreditation program for vocational nurses that expels, decertifies, or takes any other substantive disciplinary action, as defined by the Board, against a vocational nurse as a result of the vocational nurse's failure to conform to the minimum standards of acceptable vocational nursing practice, shall report to the Board in writing the name of the vocational nurse committing the alleged violation and any other pertinent information within the association's knowledge.

(f)-(w)

(No change.)

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 August 4, 1999.

TRD-9904808

Mary M. Strange, RN, BSN, CNA

Executive Director

Board of Vocational Nurse Examiners

Effective date: August 24, 1999

Proposal publication date: June 25, 1999

For further information, please call: (512) 305-8101


Part XXIII. Texas Real Estate Commission

Chapter 535. Provisions of the Real Estate License Act

Subchapter B. Definitions

22 TAC §535.20

The Texas Real Estate Commission (TREC) adopts an amendment to §535.20, concerning procuring prospects, with changes to the proposed text as published in the April 30, 1999, issue of the Texas Register (24 TexReg 3289).

Section 535.20 defines the act of referring a prospective buyer, seller, tenant or landlord to another person as activity for which a real estate license is required. The amendment shortens the section by combining related subsections and clarifies under what circumstances a person making a referral must be licensed.

No comments were received regarding the proposal. On final adoption, the members of the commission determined that the proposed amendment should be revised to clarify that a person making a referral is not required to be licensed if the person has no expectation of receiving valuable consideration for the referral and that gifts having a retail value no more than $50 should not be considered valuable consideration. This change also would ensure that licensees who demonstrate appreciation for the referral of business by sending flowers and other items of nominal value would not inadvertently subject the recipient to an allegation of unauthorized practice as a broker.

Adoption of the amendment is necessary to clarify activity for which license is required and make TREC rules usable by the public.

The amendment is adopted under Texas Civil Statutes, Article 6573a, §5(h), which authorize the Texas Real Estate Commission to make and enforce all rules and regulations necessary for the performance of its duties.

§535.20.Procuring Prospects.

(a)

Referring a prospective buyer, seller, landlord, or tenant to another person in connection with a proposed real estate transaction is an act requiring the person making the referral to be licensed if the referral is made with the expectation of receiving valuable consideration. For the purposes of this section, the term "valuable consideration" includes but is not limited to money, gifts of merchandise having a retail value greater than $50, rent bonuses and discounts,

(b)

A person is not required to be licensed as a real estate broker or salesperson if all of the following conditions are met.

(1)

The person is engaged in the business of selling goods or services to the public.

(2)

The person sells goods or services to a real estate licensee who intends to offer the goods or services as an inducement to potential buyers, sellers, landlords or tenants.

(3)

After selling the goods or services to the real estate licensee, the person refers the person's customers to the real estate licensee.

(4)

The payment to the person for the goods or services is not contingent upon the consummation of a real estate transaction by the person's customers.

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 August 5, 1999.

TRD-9904837

Mark A. Moseley

General Counsel

Texas Real Estate Commission

Effective date: August 25, 1999

Proposal publication date: April 30, 1999

For further information, please call: (512) 465-3900