Part 11.
BOARD OF NURSE EXAMINERS
Chapter 223.
FEES
22 TAC §223.1
The Board of Nurse Examiners proposes an amendment to §223.1,
concerning Fees. This section establishes the fees necessary for the administration
of the Board's functions. On July 20, 2001, the Board originally met and approved
increased 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 fees were adopted on an emergency basis in order to comply
with the legislative mandate to cover all appropriations through fees which
appeared in the August 17, 2001, issue of the
Texas
Register
(26 TexReg 6071). The amendment became effective August 6,
2001, and the fees were applied beginning September 1, 2001. On December 4,
2001, the emergency adoption expired without the fees being subsequently proposed
and adopted on a permanent basis.
In addition to the necessary fees for revenue, the amendment will increase
the renewal fee for registered nurses by an additional $2 and for advanced
practice nurses by $4 to cover the Board's participation in the Texas Online
Project beginning May 1, 2002. The collection of fees for revenue for fiscal
year 2002 will become effective upon adoption of the proposed amendment, but
the fees for the Texas Online Project will not take effect until May 1, 2002.
Section 2054.252 of the Texas Government Code creates the Texas Online Authority
and the Texas Online Project. The legislation encourages the Board and other
licensing agencies to participate in the project. Subsection (d) of §2054.2606
authorizes the Texas Online Authority to set the amount of fee that a participating
licensing agency may charge its license holders. The increase in fees must
be in effect in order to raise the necessary revenue for fiscal year 2002
and to offset the additional administrative costs incurred by the Board from
its participation in the Texas Online Project.
Katherine A. Thomas, MN, RN, Executive Director, has determined that the
rule amendment is necessary to cover an estimated shortfall in revenue in
excess of $800,000.00 from the 2002-2003 legislative appropriation. The fee
change is projected to cover the revenue shortfall and the new administrative
costs associated with the Texas Online Project. In addition, the additional
$2 increase in renewal fees for registered nurses and $4 renewal fee for advanced
practice nurses which begin May 1, 2002, will cover the costs of implementing
the online services. Other than the increase in fees, there will be no fiscal
implications for state or local government for the first five-year period
as a result of enforcing or administering the amended rule.
Ms. Thomas has determined that the public benefit for the first five-year
period of the proposed amendment will be greater protection for the people
of Texas and greater efficiency in the licensing of registered nurses. There
will be no cost to small businesses, but the amended rule will affect all
applicants applying for initial licensure or endorsement, all currently licensed
registered nurses and advanced practice nurses who renew their licenses. The
rule will also affect initial approval fees for advanced practice nurses;
and all new licensure requests which will require a declaratory order or licensure
eligibility determination.
Written comments on the proposal may be submitted to Katherine A. Thomas,
MN, RN, Executive Director, Board of Nurse Examiners, PO Box 430, Austin,
Texas 78767-0430.
This amendment is proposed under §301.151 of the Texas Occupations
Code 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.
No other rules, codes, or statues will be affected by this proposed amendment.
§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
[
(6)
licensure (each biennium)--
$45.00
[
(7) - (13)
(No change.)
(14)
advanced practice nurse--initial credentials--
$75.00
[
(15)
declaratory order of eligibility--
$150.00
[
(16)
eligibility determination--
$150.00
[
(17) - (18)
(No change.)
(19)
advanced practice nurse renewal--$50.00;
effective
May 1, 2002, $54.00
(20) - (22)
(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 March 1, 2002.
TRD-200201291
Katherine A. Thomas
Executive Director
Board of Nurse Examiners
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 305-6823
Chapter 283.
LICENSING REQUIREMENTS FOR PHARMACISTS
22 TAC §283.1, §283.6
The Texas State Board of Pharmacy proposes amendments to §283.1,
concerning Purpose, and §283.6, concerning Preceptor Requirements. The
amendments, if adopted, will (1) change a pharmacist preceptor's certification
renewal period to coincide with his or her pharmacist license renewal period;
(2) require three hours of preceptor training every two years rather than
every three years; and (3) update citations to the new codified Texas Pharmacy
Act.
Gay Dodson, R.Ph., Executive Director/Secretary, has determined that, for
the first five- year period the rule is in effect, there will be no fiscal
implications for state government as a result of enforcing or administering
the rule. There are no anticipated fiscal implications for local government.
Ms. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be increased training for pharmacist preceptors who
in turn train pharmacist interns. The majority of preceptor pharmacists get
their preceptor training free because they precept students for a college
of pharmacy offering training. The few remaining preceptor pharmacists will
pay approximately $25.00 for a training course every two years rather than
every three years as is currently required. There is no additional fiscal
impact anticipated for small or large businesses.
Written comments on the proposed rules may be submitted to Steve Morse,
R.Ph., Director of Professional Services, Texas State Board of Pharmacy, 333
Guadalupe Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments
must be received by 5 p.m., May 2, 2002.
The amendment is proposed under §551.002, and §554.051
of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code). The
Board interprets §551.002 as authorizing the agency to protect the public
through the effective control and regulation of the practice of pharmacy.
The Board interprets §554.051 as authorizing the agency to adopt rules
for the proper administration and enforcement of the Act.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§283.1.Purpose.
The purpose of this chapter is to provide a comprehensive, coherent
regulatory scheme for the licensing of those wishing to engage in the practice
of pharmacy in this state. The provisions of this chapter govern in conjunction
with the
Texas
Pharmacy Act
(Chapters 551-566, Occupations
Code, as amended)
[
§283.6.Preceptor Requirements.
(a)
Preceptors shall be pharmacists whose license to practice
pharmacy in Texas is current and not on inactive status with the board.
(b)
Preceptors are required to be approved and certified by
the board. A preceptor shall publicly display the preceptor certificate with
his/her license to practice pharmacy and the license renewal certificate.
(c)
For certification as a preceptor a pharmacist must:
(1)
have at least:
(A)
one year of experience in the type of internship practice
setting; or
(B)
six months of residency training if the pharmacy resident
is in a program accredited by the American Society of Health System Pharmacists
;
[
(2)
have completed
:
(A)
for initial certification, three hours
[
(B)
to continue certification, three hours
of preceptor training developed by a Texas college of pharmacy and provided
by an ACPE approved provider within the preceptor pharmacist's current license
renewal period; and
[
(3)
[
(d)
Beginning July 1, 2002, approval and certification
as a preceptor shall coincide with the preceptor pharmacist's license renewal
period. For preceptors whose preceptor certification expires on or after July
1, 2002, the Board shall extend their preceptor expiration date to the next
expiration date of the preceptor pharmacist's license.
[
(e)
A preceptor may supervise only one pharmacist-intern at
any given time. Texas Colleges of Pharmacy may request a different preceptor
to pharmacist-intern ratio during the board's annual review and approval of
their college based, structured internship program. Any such ratio shall apply
only to the internship experience acquired as a part of the college based,
structured internship program. [
(f)
No pharmacist may serve as a preceptor if his or her license
to practice pharmacy has been the subject of an order of the board imposing
any penalty set out in the Act,
§565.051,
[
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 March 4, 2002.
TRD-200201301
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 305-8082
Subchapter A. ALL CLASSES OF PHARMACIES
22 TAC §291.1, §291.4
The Texas State Board of Pharmacy proposes amendments to §291.1,
concerning Pharmacy License Application, and §291.4, concerning Change
of Ownership. The amendments, if adopted, will help ensure that pharmacy licenses
are issued to individuals who plan to operate a
bona fide
business activity.
Gay Dodson, R.Ph., Executive Director/Secretary, has determined that, for
the first five- year period the rule is in effect, there will be fiscal implications
for state government as a result of enforcing or administering the rule. There
are no anticipated fiscal implications for local government. Fiscal implications
for state government will primarily be the cost to the Texas State Board of
Pharmacy for computer programming necessary to implement the rule. The estimated
cost to the Texas State Board of Pharmacy for the next five years will be:
FY2002 - $2,682.33; FY2003 - $633; FY2004 - $633; FY2005 - $633; and FY2006
- $633.
Ms. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be increased confidence that pharmacy licenses are
issued for legitimate purposes. Fiscal impact anticipated for small or large
businesses will be the cost for pharmacy license applicants to comply with
the rule. It is anticipated that approximately 533 pharmacy applications per
year will be required to comply with these new requirements. Cost to each
of these pharmacies to gather and submit additional requirements is anticipated
to be less than $25 per application.
Written comments on the proposed rules may be submitted to Steve Morse,
R.Ph., Director of Professional Services, Texas State Board of Pharmacy, 333
Guadalupe Street, Box 21, Austin, Texas, 78701-3942, FAX (512) 305-8082. Comments
must be received by 5 p.m., May 2, 2002.
The amendment is proposed under sections 551.002, 554.051, and
560.052 of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code).
The Board interprets section 551.002 as authorizing the agency to protect
the public through the effective control and regulation of the practice of
pharmacy. The Board interprets section 554.051 as authorizing the agency to
adopt rules for the proper administration and enforcement of the Act. The
Board interprets section 560.052 as authorizing the agency to require information
on a pharmacy application that the Board determines necessary for the proper
administration and enforcement of the Act.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§291.1.Pharmacy License Application.
(a)
To qualify for a pharmacy license, the applicant must submit
an application including the following information:
(1)
name and address of pharmacy;
(2)
type of ownership;
(3)
names, home addresses, dates of birth, phone numbers, and
social security numbers of all owners; if a partnership or corporation, the
name, title, home address, home phone number, date of birth, and social security
number of all managing officers;
(4)
name and license number of the pharmacist-in-charge and
of other pharmacists employed by the pharmacy;
(5)
anticipated date of opening
and hours of operation
;
(6)
copies of the following documents:
(A)
[
(B)
social security card and birth certificate
of owner, or if the pharmacy is owned by a partnership or corporation, copy
of social security card and birth certificate of each executive officer;
(C)
Certificate of Authority, if applicant
is an out-of-state corporation;
(D)
Articles of Incorporation, if the applicant
is a corporation;
(E)
current Texas Franchise Tax Certificate
of Good Standing; and
(F)
approved credit application from primary
wholesaler or documents showing credit worthiness;
(7)
the signature of the pharmacist-in-charge;
(8)
the notarized signature of the owner, or if the pharmacy
is owned by a partnership or corporation, the notarized signature of an executive
officer; [
(9)
current driver license or state issued
photo ID card of owner, or if the pharmacy is owned by a partnership or closely
held corporation, a current driver license or state issued photo ID card for
each executive officer;
(10)
federal tax ID number;
(11)
description of business services that
will be offered and reason for business;
(12)
name and address of malpractice insurance
carrier or statement that the business will be self-insured; and
(13)
[
(b)
A fee as specified in §291.6 of this title (relating
to Pharmacy License Fees) will be charged for the issuance of a pharmacy license.
(c)
For purpose of this
section,
[
(d)
If the applicant holds an active pharmacist
license in Texas, the applicant is not required to provide copies of a social
security card or birth certificate as set forth in subsection (a)(6)(B) of
this section.
(e)
Prior to the issuance of a pharmacy license,
the board shall conduct an on-site inspection of the pharmacy in the presence
of the pharmacist-in-charge and owner or representative of the owner, to ensure
that the pharmacist-in-charge and owner can meet the requirements of the Texas
Pharmacy Act and Board Rules.
(f)
If the applicant holds an active
pharmacy license in Texas as of June 1, 2002, the following is applicable:
(1)
the applicant is not required to provide
with the pharmacy application, the documents set forth in subsections (a)(6)(B)-(F)
of this section; and
(2)
the board may waive the pre-licensing on-site
inspection as set forth in subsection (e) of this section.
§291.4.Change of Ownership.
(a)
When a pharmacy changes ownership, a new/completed pharmacy
application must be filed with the board and the licensed issued to previous
owner shall be returned to the board.
(b)
The new application shall include the following information:
(1)
the name and address of pharmacy;
(2)
the type of ownership;
(3)
names, home addresses, dates of birth, phone numbers,
and social security numbers of all owners; if a partnership or corporation,
the name, title, home address, home phone number, date of birth, and social
security number of all managing officers;
[
(4)
the name and license number of the pharmacist-in-charge
and of other pharmacists employed by the pharmacy;
(5)
the hours of operation;
(6)
copies of the following documents:
(A)
[
(B)
[
(C)
social security card and birth certificate
of owner, or if the pharmacy is owned by a partnership or corporation, copy
of social security card and birth certificate of each executive officer;
(D)
Certificate of Authority, if applicant
is an out-of-state corporation;
(E)
Articles of Incorporation, if the applicant
is a corporation;
(F)
current Texas Franchise Tax Certificate
of Good Standing; and
(G)
approved credit application from primary
wholesaler or documents showing credit worthiness;
(7)
the signature of the pharmacist-in-charge;
(8)
the notarized signature of the owner, or if the pharmacy
is owned by a partnership or corporation, the notarized signature of an executive
officer; [
(9)
current driver license or state issued
photo ID card of owner, or if the pharmacy is owned by a partnership or closely
held corporation, a current driver license or state issued photo ID card for
each executive officer;
(10)
federal tax ID number;
(11)
description of business services that
will be offered and reason for business;
(12)
name and address of malpractice insurance
carrier or statement that the business will be self-insured; and
(13)
[
(c)
A fee as specified in §291.6 of this title (relating
to Pharmacy License Fees) will be charged for issuance of a new license.
(d)
If the applicant holds an active pharmacist
license in Texas, the applicant is not required to provide copies of a social
security card or birth certificate as set forth in subsection (a)(6)(C) of
this section.
(e)
If the applicant holds an active pharmacy
license in Texas as of June 1, 2002, the applicant is not required to provide
with the pharmacy application, the documents set forth in subsections (a)(6)(C)-(G)
of this section.
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 March 4, 2002.
TRD-200201302
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 305-8028
22 TAC §291.11
The Texas State Board of Pharmacy proposes new §291.11,
concerning Operation of a Pharmacy. The new rule, if adopted, will clarify
what constitutes operation of a pharmacy.
Gay Dodson, R.Ph., Executive Director/Secretary, has determined that, for
the first five- year period the new rule is in effect, there will be no fiscal
implications for state government as a result of enforcing or administering
the rule. There are no anticipated fiscal implications for local government.
Ms. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be an increased understanding by pharmacy owners of
what constitutes proper operation of a pharmacy. There is no additional fiscal
impact anticipated for small or large businesses.
Written comments on the proposed new rule may be submitted to Steve Morse,
R.Ph., Director of Professional Services, Texas State Board of Pharmacy, 333
Guadalupe Street, Box 21, Austin, Texas, 78701-3942, FAX 512/305-8082. Comments
must be received by 5 p.m., May 2, 2002.
The new rule proposed under sections 551.002, and 554.051 of
the Texas Pharmacy Act (Chapters 551-566, Texas Occupations Code). The Board
interprets section 551.002 as authorizing the agency to protect the public
through the effective control and regulation of the practice of pharmacy.
The Board interprets section 554.051 as authorizing the agency to adopt rules
for the proper administration and enforcement of the Act.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§291. 11.Operation of a Pharmacy.
(a)
For the purposes of §565.002(7) fo the Texas Pharmacy
Act, the following words and terms shall be defined as follows.
(1)
"Failure to engage in the business described in the application
for a license" means the holder of a pharmacy license has not commenced operating
the pharmacy within six months of the date of issuance of the license.
(2)
"Ceased to engage in the business described in the application
for a license" means the holder of a pharmacy license, once it has been in
operation, discontinues operating the pharmacy for a period of six months
or longer.
(b)
For the purposes of this section, the term "operating the
pharmacy" means the pharmacy shall demonstrate observable pharmacy business
activity on a regular, routine basis, including a sufficient number of transactions
of receiving, processing, or dispensing prescription drug orders or medication
drug orders.
(c)
No person may operate a pharmacy in a personal residence.
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 March 4, 2002.
TRD-200201303
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 305-8028
22 TAC §§295.5, 295.7, 295.9
The Texas State Board of Pharmacy proposes amendments to §295.5,
concerning Pharmacist License or Renewal Fees, §295.7, concerning Pharmacist
License Renewal, and §295.9 concerning Inactive License. The proposed
amendments, if adopted, will: (1) permit a pharmacist, who is at least 72
years old and not actively practicing pharmacy, to renew his or her license
without payment of a renewal fee; and (2) updates citations to the new codified
Texas Pharmacy Act and makes other changes necessary due to the codification.
Gay Dodson, R.Ph., Executive Director/Secretary, has determined that, for
the first five- year period the new rule is in effect, there will be no fiscal
implications for state government as a result of enforcing or administering
the rule. There are no anticipated fiscal implications for local government.
Ms. Dodson has determined that, for each year of the first five-year period
the rule will be in effect, the public benefit anticipated as a result of
enforcing the rule will be to no longer require a pharmacist who is at least
72 years old to bear the burden of renewal fees if he or she is not actively
practicing pharmacy. There is no additional fiscal impact anticipated for
small or large businesses.
Written comments on the proposed new rule may be submitted to Steve Morse,
R.Ph., Director of Professional Services, Texas State Board of Pharmacy, 333
Guadalupe Street, Box 21, Austin, Texas, 78701-3942, FAX 512/305-8082. Comments
must be received by 5 p.m., May 2, 2002.
The amendments are proposed under sections 551.002, 554.051,
and 554.006 of the Texas Pharmacy Act (Chapters 551-566, Texas Occupations
Code). The Board interprets section 551.002 as authorizing the agency to protect
the public through the effective control and regulation of the practice of
pharmacy. The Board interprets section 554.051 as authorizing the agency to
adopt rules for the proper administration and enforcement of the Act. The
Board interprets section 554.006 as authorizing the agency to establish reasonable
fees sufficient to cover the costs of administering the Texas Pharmacy Act.
The statutes affected by this rule: Chapters 551-566, Texas Occupations
Code.
§295.5.Pharmacist License or Renewal Fees.
(a)
(No change.)
(b)
The license of a pharmacist who has been licensed by the
Texas State Board of Pharmacy for at least 50 years
or who is at least
72 years old
[
(c)-(d)
(No change.)
§295.7.Pharmacist License Renewal.
For the purposes of
the Act, Chapter 559, Subchapter A.
[
(1)
(No change.)
(2)
Before the expiration date of the license
[
(3)
As specified in
§559.003,
[
(A)-(C)
(No change.)
§295.9.Inactive License.
(a)
Placing a license on inactive status. A person who is licensed
by the board to practice pharmacy but who is not eligible to renew the license
for failure to comply with the continuing education requirements of the Act,
Chapter 559, Subchapter A,
[
(1)-(2)
(No change.)
(b)
(No change.)
(c)
Reactivation of an inactive license.
(1)
A holder of a license that is on inactive status may return
the license to active status by:
(A)
(No change.)
(B)
providing copies of completion certificates from approved
continuing education programs as specified in §295.8(e) of this title
(relating to Continuing Education Requirements) for the number of hours that
would otherwise have been required for the renewal of the license, up to
45
[
(C)
(No change.)
(2)
(No change.)
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 March 4, 2002.
TRD-200201305
Gay Dodson, R.Ph.
Executive Director/Secretary
Texas State Board of Pharmacy
Earliest possible date of adoption: April 14, 2002
For further information, please call: (512) 305-8028
Chapter 571.
LICENSING
Subchapter A. EXAMINATION
22 TAC §571.3
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §571.3 concerning Eligibility for Examination
and Licensure. This section contains the requirements for regular veterinary
licensure in Texas. The purpose of the amendments is to make changes in the
name of the board that is responsible for administering and scoring the North
American Veterinary Licensing Examination (NAVLE); change the passing score
on the State Board Examination (SBE) from 75 to 85 percent; and clarify the
requirements for an applicant to sit for the NAVLE. The amendments require
that an applicant for the NAVLE must, prior to sitting for the examination,
take and pass an English proficiency test. The Board believes that raising
the passing score on the SBE will encourage applicants to better prepare for
the examination. The Board has observed that because applicants who are deficient
in English language skills often fail to pass the NAVLE, thus wasting fees
and testing time, a pre-NAVLE English proficiency test should be implemented.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to (a) increase the knowledge and professionalism of license
applicants who are required to meet more stringent test scores, and increase
the confidence of the public in the veterinarians that are licensed in Texas;
and (b) increase the communicative skills of persons that are required to
pass an English proficiency test prior to those persons taking the examination,
and increase the efficiency of the testing procedures. There will be no effect
on small businesses. There will be no anticipated economic cost to persons
required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Judy
Huppert, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
2-330, Austin, Texas 78701-3998, phone (512) 305-7555, and must be received
by May 1, 2002.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Texas Occupations Code,
Section 801.252 which pertains to licensing eligibility requirements.
§571.3.Eligibility for Examination and Licensure.
(a)
Definitions. The following words and terms, when used in
this chapter, have the following meaning:
(1)
Board - the Texas Board of Veterinary Medical Examiners.
(2)
Locally derived scaled score - the equivalent of the criterion
referenced passing point for the national examination or the NAVLE.
(3)
National Board
of
[
(4)
National examination - the examination in existence and
effective prior to the inauguration date of the NAVLE and which consists of
the national board examination (NBE) and the clinical competency test (CCT).
(5)
North American Veterinary Licensing Examination (NAVLE)
- the examination which
replaced
[
(6)
Passing score - an examination score of at least 75 percent
on
[
(7)
Testing window - a period of consecutive days of the year
specified by
NBVME
[
(8)
Texas State Board Licensing Examination (SBE) - the state
examination developed and administered by the Board.
(b) - (c)
(No Change)
(d)
Licensing Examination
(1)
Eligibility
(A)
An applicant may sit for the [
(i)
an approved and accredited veterinary medical school or
college, as defined in subsection (b) (1) (C) of this section; or
(ii)
a veterinary medical school or college not approved and
accredited, as defined in subsection (b) (1) (C) of this section, but who
has obtained an ECFVG Certificate or a PAVE Certificate.
(B)
An applicant may sit for the
NAVLE provided that the requirements of subsection (c) of this section have
been met and the applicant is a graduate of:
(i)
an approved and accredited veterinary medical
school or college, as defined in subsection (b) (1) (C) of this section; or
(ii)
a veterinary medical school or college not
approved and accredited, as defined in subsection (b) (1) (C) of this section,
but who is enrolled in the ECFVG or has received a certificate from PAVE.
(C)
Prior to sitting for the NAVLE
, an applicant who is a graduate of a veterinary medical school or college
not approved and accredited, as defined in subsection (b) (1) (C) of this
section, and is enrolled in the ECFVG, must take and pass all English language
proficiency tests required, or have completed the PAVE certification program.
(D)
[
(2)
Eligibility Prior to Graduation. An applicant who has not
graduated from veterinary medical school may sit for examinations provided
the following conditions have been complied with:
(A)
To sit for the SBE, an applicant must be enrolled in an
approved and accredited veterinary medical school or college as defined in
subsection (b) (1) (C) of this section and must obtain a document from the
dean
[
(B)
An applicant enrolled in a joint or combined degree program
who has completed the applicant's veterinary medical education but has not
received a diploma or transcript certifying award of the applicant's DVM degree,
must obtain a letter from the
dean
[
(C)
To sit for the NAVLE, a candidate must, at the time an
application is submitted, demonstrate that the candidate is within six months
of the expected graduation date falling within the appropriate testing window
and comply with all of the
NBVME's
[
(3)
Results of Examinations. The Board will accept certified
scores issued by the:
(A)
American Association of Veterinary State Boards (AAVSB)
[
(B)
the official reporting service for the NAVLE.
(4)-(6)
(No change.)
(7)
Appearance for Examinations
(A)
An applicant for the SBE must submit a new application
and the current fees prior to admission for examination if the applicant:
(i)
does not appear for the scheduled examination; or
(ii)
fails to attain a passing score on the scheduled examination.
(B)
A candidate for the NAVLE must take the examination within
the
testing
[
(i)
A candidate who fails to take the examination within the
appropriate
testing
[
(ii)
A candidate who desires to take the examination during
a subsequent
testing
[
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 March 4, 2002.
TRD-200201314
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 13, 2002
For further information, please call: (512) 305-7555
22 TAC §571.4
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §571.4 concerning Special Licenses. Special licenses
may be issued to members of the staff of the Texas A&M Veterinary Medical
School and veterinary employees of the Texas Animal Health Commission and
the Texas Veterinary Medical Diagnostic Laboratory, and to licensed veterinarians
in other states whose specialty practice is unrepresented or under represented
in Texas. The amended section will raise the required passing score for the
special license examination (jurisprudence examination) from 75 percent to
85 percent. The Board believes that raising the passing score on the jurisprudence
examination will encourage applicants to better prepare for the examination.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering this
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to increase the knowledge and professionalism of license applicants
who are required to meet more stringent test scores, and increase the confidence
of the public in veterinarians that are licensed in Texas. There will be no
effect on small businesses. There will be no anticipated economic cost to
persons required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Judy
Huppert, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
2-330, Austin, Texas 78701-3998, phone (512) 305- 7555, and must be received
by May 1, 2002.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, §801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Texas Occupations Code, §801.252
which pertains to licensing eligibility requirements.
§571.4.Special Licenses
(a)
General requirements for licensure; examination scores;
issuance and renewal.
(1) - (3)
(No Change)
(4)
The applicant must submit with his application a written
statement from his employer describing the applicant's official duties that
require the issuance of a special license under §801.256 (a) (1) - (3),
Texas Occupations Code. Upon completion of the jurisprudence examination,
the board shall notify the applicant
by letter
of
his score.
[
(5) - (7)
(No Change)
(b) - (d)
(No Change)
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 March 4, 2002.
TRD-200201313
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 13, 2002
For further information, please call: (512) 305-7555
22 TAC §571.18
The Texas Board of Veterinary Medical Examiners ("Board")
proposes amendments to §571.18 concerning Provisional Licensure. Provisional
licenses may be issued to applicants for regular licensure who want to practice
prior to taking the regular examination on its scheduled date. The amended
section will raise the required passing score for the provisional license
examination (jurisprudence examination) from 75 percent to 85 percent. The
Board believes that raising the passing score on the jurisprudence examination
will encourage applicants to better prepare for the examination.
Mr. Ron Allen, Executive Director, has determined that for the first five-year
period the amended section is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering this
section.
Mr. Allen has also determined that for the first five years the section
is in effect the public benefit anticipated as a result of enforcing the amended
section will be to increase the knowledge and professionalism of license applicants
who are required to meet more stringent test scores, and increase the confidence
of the public in veterinarians that are licensed in Texas. There will be no
effect on small businesses. There will be no anticipated economic cost to
persons required to comply with the amended section as proposed.
Comments on the proposed amendments may be submitted in writing to Judy
Huppert, Texas Board of Veterinary Medical Examiners, 333 Guadalupe, Suite
2-330, Austin, Texas 78701-3998, phone (512) 305- 7555, and must be received
by May 1, 2002.
The amendments are proposed under the authority of the Veterinary
Licensing Act, Texas Occupations Code, Section 801.151 (a) which states that
the Board may adopt rules necessary to administer the chapter.
The amendments affect the Veterinary Licensing Act, Texas Occupations Code,
Section 801.252 which pertains to licensing eligibility requirements.
§571.18.Provisional Licensure.
(a)
(No change)
(b)
The Board may grant a provisional license containing specific
practice restrictions to a person who meets the following criteria:
(1)
proof of a current license in good standing in another
state or jurisdiction of the United States that has licensing requirements
that are substantially equivalent to the requirements of the Veterinary Licensing
Act, Texas Occupations Code, Chapter 801.
(2)
proof of receipt of a passing score on the national examination
or NAVLE. The Board may, upon written petition of the applicant, provide an
exception to this requirement based on the applicant's satisfaction of the
other requirements of this section and consideration of factors set out in
section 571.3 (b) (2).
(3)
proof of sponsorship by a veterinarian licensed by the
Board who will directly supervise the provisional licensee's practice during
the term of the provisional license. An applicant requesting waiver of the
sponsorship requirement due to hardship must make a personal appearance before
the Board to obtain a waiver.
(4)
a
passing score
of 85 percent
on
the
Board's
[
(5)
payment of the required application fee.
(6)
proof of graduation from a college of veterinary medicine
accredited by the Council on Education of the American Veterinary Medical
Association (AVMA) or an Educational Commission for Foreign Veterinary Graduates
(ECFVG) Certificate or a Program for Assessment of Veterinary Education Equivalence
(PAVE) Certificate.
(7)
proof of veterinary experience. This requirement can be
satisfied by letter of reference from at least two veterinary employers or
persons with direct knowledge of the applicant's veterinary practice and experience.
(c) - (g)
(No change)
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 March 4, 2002.
TRD-200201312
Ron Allen
Executive Director
Texas Board of Veterinary Medical Examiners
Proposed date of adoption: June 13, 2002
For further information, please call: (512) 305-7555
Subchapter B. SUPERVISION OF PERSONNEL
$100.00
]
$42.00
];
effective May 1, 2002, $47.00
$50.00
];
$100.00
];
$100.00
];
Part 15.
TEXAS STATE BOARD OF PHARMACY
(Texas Civil Statutes, Article 4542a-1)
]
the method for the issuance of a certificate to act as a pharmacist in Texas.
This chapter also provides a framework for any board-approved internship program.
.
]
3 hours
] of preceptor training developed by a Texas college
of pharmacy and provided by an ACPE approved provider within the previous
two years; or
[
3 years;
]
(3)
complete 3 hours of preceptor
training developed by a Texas college of pharmacy and provided by an ACPE
approved provider every 3 years; and]
(4)
] meet the requirements of subsection
(f) of this section.
Any preceptor
approved and certified by the board shall be approved and certified for a
three-year period commencing on the date of such approval and certification.
]
For the purpose of this subsection, the
approval of internship programs previously granted by the Board shall remain
in effect through August 31, 1996.
]
§28(a),
] during the period he or she is serving as a preceptor or within the
three-year period immediately preceding application for approval as a preceptor.
Provided, however, a pharmacist who has been the subject of such an order
of the board may petition the board, in writing, for approval to act as a
preceptor.
Chapter 291.
PHARMACIES
copy of
] lease agreement or alternatively,
a notarized statement signed by the lessee and lessor certifying the existence
of a lease agreement, or if the location of the pharmacy is owned by the applicant,
a notarized statement certifying such location ownership;
and
]
(9)
] any other information requested
on the application.
subsection,
] managing officers are defined as the top four executive officers,
including the corporate officer in charge of pharmacy operations, who are
designated by the partnership or corporation to be jointly responsible for
the legal operation of the pharmacy.
the names and addresses
of all owners; if a partnership or corporation, the name, title, and address
of managing officers;
]
(5)
] a copy of lease agreement or
alternatively, a notarized statement signed by the lessee and lessor certifying
the existence of a lease agreement, or if the location of the pharmacy is
owned by the applicant, a notarized statement certifying such location ownership;
(6)
] a copy of the purchase contract
or mutual agreement between the buyer and seller, or a notarized statement
of intent to convey ownership signed by both the buyer and seller, stating
the proposed date of ownership change;
and
]
(9)
] any other information requested
on the application.
Chapter 295.
PHARMACISTS
and which such pharmacist is not actively practicing
pharmacy,
] shall be renewed without payment of a fee
provided such
pharmacist is not actively practicing pharmacy
. The renewal certificate
of such pharmacist issued by the board shall reflect an inactive status. A
person whose license is renewed pursuant to this subsection may not engage
in the active practice of pharmacy without first paying the fee as set out
in subsection (a) of this section.
Texas Civil Statutes, Article 4542a-1, §24.
]
Timely receipt of the completed application and renewal fee
] means the
receipt in the board's office of
a completed
[
such
]
application and renewal fee on or before the last day of the assigned expiration
month.
subsections
(d)-(f) of Texas Civil Statutes, Article 4542a-1, §24,
] if the
completed application and renewal fee is not received on or before the last
day of the assigned expiration month, the person's license to practice pharmacy
shall expire. A person shall not practice pharmacy with an expired license.
An expired license may be renewed according to the following schedule.
§24,
] and who is not engaged
in the practice of pharmacy in this state, may place the license on inactive
status at the time of license renewal or during a license period as follows.
36
] hours. Approved continuing education earned within
two years prior to the licensee applying for the return to active status may
be applied toward the continuing education requirement; and
Part 24.
TEXAS BOARD OF VETERINARY MEDICAL EXAMINERS
Examination Committee
for
] Veterinary
Medical Examiners (NBVME)
[
Medicine
(NBEC)
] - the organization responsible for producing, administering
and scoring the NAVLE.
replaces
] the national
examination in the year 2000.
which for
] the national examination and NAVLE
which
is based on a locally derived scaled score [
.
]
, and
an examination score of at least 85 percent on the SBE.
NBEC
] when qualified candidates
can sit for the NAVLE.
NAVLE or
] SBE
provided that the requirements of subsection (c) of this section have been
met and the applicant is a graduate of:
(B)
] A person must first take and
pass the national examination or the NAVLE in order to sit for the SBE.
Dean
] of the school or college from which the applicant
expects to graduate certifying that the applicant is within 60 days of completion
of a veterinary college program and is expected to graduate.
Dean
] of the school
or college of veterinary medicine stating the applicant did in fact graduate
before the applicant is eligible to sit for the SBE or the NAVLE.
NBEC's
] testing
requirements for the NAVLE.
Interstate Reporting Service of the Professional Examination
Service
], or its successor, for the national examination; and
test
] window in which the candidate is
authorized for testing.
test
] window shall forfeit the
candidate's fees.
test
] window must have the candidate's
eligibility reconfirmed by the Board and the candidate must pay new fees.
the pass/fail results. A grade of 75% has been established as
the minimum passing grade.
] For [
successful
] candidates
who attain a passing score of 85 percent
, the letter shall constitute
the special license for limited practice in the State of Texas.
state board
] jurisprudence examination.
Chapter 573.
RULES OF PROFESSIONAL CONDUCT