Part XI. Board of Nurse Examiners

Chapter 223. Fees

22 TAC §223.1

The Board of Nurse Examiners proposes amendments to §223.1, concerning Fees. The board met January 21-22, 1999 and approved to increase fees to fund the Board's appropriation, rider 1, object code 3560 and to add that all fees are non-refundable. The increase was assessed to cover new budget items approved by the 75th Legislative Session.

Katherine A. Thomas, MN, RN, executive director, has determined that there will be no fiscal implications for state or local government as a result of enforcing or administering the rule. The rule will affect all applicants applying for initial licensure by examination or endorsement; all currently licensed registered nurses who renew their license, request a duplicate or substitute license, request a duplicate or substitute permanent certificate, or a verification of records. The rule will also effect renewal fees for Advanced Practice Nurses. All fees will be non-refundable.

There will be no effect on local government nor businesses to comply with the rule.

Katherine A. Thomas, MN, RN, executive director, has determined that for each year of the first five years the rule as proposed will be in effect the public is not effected.

Written comments on the proposed amendments may be submitted to Katherine A. Thomas, Board of Nurse Examiners, P.O. Box 430, Austin, Texas 78767-0430.

The amendments are proposed 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 4527, §1, which permits the Board to establish reasonable and necessary fees so that the fees, in the aggregate, produce sufficient revenue to cover the cost of administering this chapter.

There are no other rules, codes, or statutes that will be affected by this proposal.

§223.1.Fees.

(a)

The Board of Nurse Examiners has established reasonable and necessary fees for the administration of its functions . [ in the following amounts: ]

(1)

initial licensure fee-- $65; [ $50; ]

(2)

duplicate or substitute license [ certificate ]-- $20; [ $10; ]

(3)

duplicate or substitute permanent certificate-- $20; [ $10; ]

(4)

(No change.)

(5)

endorsement-- $100; [ $75; ]

(6)

licensure (each biennium)-- $42; [ $38; ]

(7)

issuance of a temporary permit under [ Texas Civil Statutes ] Article 4523--$15;

(8)-(10)

(No change.)

(11)

verification of records-- $20; [ $10; ]

(12)-(13)

(No change.)

(14)

advanced practice nurse [ nurse practitioner ]--initial credentials--$50;

(15)-(18)

(No change.)

(19)

advanced practice nurse renewal-- $50; [ $35; ]

(20)

(No change.)

(b)

all fees are non-refundable.

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 January 27, 1999.

TRD-9900553

Katherine A. Thomas, MN, RN

Executive Director

Board of Nurse Examiners

Earliest possible date of adoption: March 14, 1999

For further information, please call: (512) 305-6816

Chapter 501. Professional Conduct

Subchapter E. Other Responsibilities and Practices

22 TAC §501.45

The Texas State Board of Public Accountancy (Board) proposes an amendment to §501.45 concerning Competitive Bidding.

The amendment to §501.45 will modernize this rule by deleting unnecessary language in subsection (c) and by adding the correct statutory citation in subsection (a).

William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:

A. The additional estimated cost to the state expected as a result of enforcing or administering the rule will be zero because the proposed amendments do not cause anyone to do or not do anything that is not already being done or not done.

B. The estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule will be zero because the proposed amendments do not cause anyone to do or not do anything that is not already being done or not done.

C. The estimated loss or increase in revenue to the state as a result of enforcing or administering the rule will be zero because the proposed amendments do not cause anyone to do or not do anything that is not already being done or not done.

Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be a modernized rule with correct statutory citations.

The probable economic cost to persons required to comply with the rule will be zero because the proposed amendments do not cause anyone to do or not do anything that is not already being done or not done.

Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.

The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on February 25, 1999. Comments should be addressed to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower III, Suite 900, Austin, Texas, 78701 or faxed to her attention at (512) 305-7854.

Mr. Treacy has determined that the proposed rule will not have an adverse economic effect on small businesses because no one is required to do or not do anything that is not already being done or not done.

The Board specifically invites comments from the public on the issues of whether or not the proposed rule will have an adverse economic effect on small business; if the rule is believed to have such an effect, then how may the Board legally and feasibly reduce that effect considering the purpose of the statute under which the rule is to be adopted; and if the rule is believed to have such an effect, how the cost of compliance for a small business compares with the cost of compliance for the largest business affected by the rule under any of the following standards: (a) cost per employee; (b) cost for each hour of labor; or (c) cost for each $100 of sales. See Texas Government Code, §2006.002(c).

The proposed amendment is proposed under the Public Accountancy Act, Texas Civil Statutes, Article 41a-1, 6(a) (Vernon Supp. 1998), which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by this proposed amendment.

§501.45.Competitive Bidding.

(a)

Except where competitive bidding is prohibited by the Professional Service Procurement Act, chapter 2254, TEX. GOV'T CODE, or other applicable law, certificate or registration holders shall have the right to engage in competitive bidding on contracts or engagements for professional services [ except as stated in subsection (c) of this section. ].

(b)

(No change.)

[(c)

Contracts or engagements for professional services with any state agency, political subdivision, county, municipality, district, authority, or publicly owned utility may not be competitively bid in violation of the Professional Services Procurement Act (Texas Civil Statutes, Article 664-4) or other applicable law. Contracts for consulting services may, however, be made pursuant to Texas Civil Statutes, Article 6252-11c.]

[(1)

The fact that a certificate or registration holder is invited to make a proposal to an entity described in this subsection creates a presumption that similar proposals may be invited from other certificate or registration holders. This presumption may be overcome by direct inquiry of the prospective client as to whether proposals from other certificate or registration holders have been or will be invited.]

[(2)

If it is determined that bids have been or will be invited from one or more other certificate or registration holders, a fee estimate, but not a competitive bid, may be submitted.]

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 February 1, 1999.

TRD-9900616

William Treacy

Executive Director

Texas State Board of Public Accountancy

Earliest possible date of adoption: March 14, 1999

For further information, please call: (512) 305-7848

22 TAC §501.46

The Texas State Board of Public Accountancy (Board) proposes an amendment to §501.46 concerning Form of Practice.

The amendment to §501.46 will state the correct name of the Texas Professional Corporation Act.

William Treacy, Executive Director of the Board, has determined that for the first five-year period the proposed amendment will be in effect:

A. The additional estimated cost to the state expected as a result of enforcing or administering the rule will be zero because the rule changes only on word in the name of an Act cited in a Board Rule and because the proposed change requires no action by anyone.

B. The estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule will be zero because the rule changes only one word in the name of an Act cited in a Board Rule and because the proposed change requires no action by anyone.

C. The estimated loss or increase in revenue to the state as a result of enforcing or administering the rule will be zero because the rule changes only one word in the name of an Act cited in a Board Rule and because the proposed change requires no action by anyone.

Mr. Treacy has determined that for the first five-year period the amendment is in effect the public benefits expected as a result of adoption of the proposed amendment will be that the correct name of an Act will be used in the Board Rule.

The probable economic cost to persons required to comply with the rule will be zero because the rule changes only one word in the name of an Act cited in a Board Rule and because the proposed change requires no action by anyone.

Mr. Treacy has determined that a Local Employment Impact Statement is not required because the proposed amendment will not affect a local economy.

The Board requests comments on the substance and effect of the proposed amendment from any interested person. Comments must be received at the Board no later than noon on February 25, 1999. Comments should be addressed to Amanda G. Birrell, General Counsel, Texas State Board of Public Accountancy, 333 Guadalupe, Tower III, Suite 900, Austin, Texas, 78701 or faxed to her attention at (512) 305-7854.

Mr. Treacy has determined that the proposed rule will not have an adverse economic effect on small businesses because no one is required to do or not do anything and because the proposed amendment only corrects part of the name of an Act cited in a Board Rule.

The Board specifically invites comments from the public on the issues of whether or not the proposed rule will have an adverse economic effect on small business; if the rule is believed to have such an effect, then how may the Board legally and feasibly reduce that effect considering the purpose of the statute under which the rule is to be adopted; and if the rule is believed to have such an effect, how the cost of compliance for a small business compares with the cost of compliance for the largest business affected by the rule under any of the following standards: (a) cost per employee; (b) cost for each hour of labor; or (c) cost for each $100 of sales. See Texas Government Code, §2006.002(c).

The proposed amendment is proposed under the Public Accountancy Act, Texas Civil Statutes, Article 41a-1, 6(a) (Vernon Supp. 1998), which authorizes the Board to adopt rules deemed necessary or advisable to effectuate the Act.

No other article, statute or code is affected by this proposed amendment.

§501.46.Form of Practice.

A certificate or registration holder may practice public accountancy only in a proprietorship, a partnership, a limited liability company, a registered limited liability partnership, a professional public accounting corporation organized under the Texas Professional [ Business ] Corporation Act (Texas Civil Statutes, Article 1528e), the Texas Limited Liability Company Act (Texas Civil Statutes, Article 1528n), and the Texas Uniform Partnership Act (Texas Civil Statutes, Article 6132b, §45-A), or other corporation authorized by applicable statutes, or an equivalent law of another state, territory, or foreign country, or as an employee of one of these entities.

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 February 1, 1999.

TRD-9900617

William Treacy

Executive Director

Texas State Board of Public Accountancy

Earliest possible date of adoption: March 14, 1999

For further information, please call: (512) 305-7848