TITLE 22.EXAMINING BOARDS

Part 11. BOARD OF NURSE EXAMINERS

Chapter 223. FEES

22 TAC §223.1

The Board of Nurse Examiners adopts on an emergency basis amendment to §223.1, concerning Fees. The board met July 20, 2001 and approved to increase fees to fund the board's appropriation. The 77th Legislature in Rider 2 of the Fiscal Year 2002-2003 Appropriations Act approved budget appropriations for the board contingent on those appropriations being paid through board fee collections. The new fees are adopted on an emergency basis and will be applied beginning September 1, 2001 in order to comply with the legislative mandate to cover all appropriations through fees.

Katherine A. Thomas, MN, RN, executive director, has determined that the rule change is necessary to cover $819,421.00 estimated shortfall in revenue from the new legislative appropriation and that the fee change is projected to cover the new cost. Other than the increase in revenues, 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 or endorsement; all currently licensed registered nurses who renew their license. The rule will affect initial approval fees for Advanced Practice Nurses; and all new licensure requests which will require a declaratory orders or licensure eligibility determination.

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

Ms. Thomas has determined that for each year of the first five years the rule as proposed will be in effect the public benefit anticipated as a result of enforcing the rule will be greater protection for the people of Texas.

Written comments on the proposal may be submitted to Katherine A. Thomas, M.N., R.N., Executive Director, Board of Nurse Examiners, P.O. Box 430, Austin, Texas 78767-0430.

The amendment is proposed under §301.151 of the Texas Occupations Code 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.

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.

(1) - (4) (No change.)

(5) endorsement-- $125.00 [ $100.00 ];

(6) licensure (each biennium)-- $45.00 [ $42.00 ];

(7) - (13) (No change.)

(14) advanced practice nurse--initial credentials-- $75.00 [ $50.00 ];

(15) declaratory order of eligibility-- $150.00 [ $100.00 ];

(16) eligibility determination-- $150.00 [ $100.00 ];

(17) - (22) (No change.)

(b) all fees are non-refundable.

This agency hereby certifies that the emergency adoption 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 August 6, 2001.

TRD-200104474

Katherine A. Thomas, MN, RN

Executive Director

Board of Nurse Examiners

Effective Date: August 6, 2001

Expiration Date: December 4, 2001

For further information, please call: (512) 305-6811