22 TAC §223.1
The Board of Nurse Examiners adopts amendments to §223.1,
concerning Fees, on an emergency basis. The BNE has proposed the adoption
of an amendment on a permanent basis. The emergency adoption is necessary
to allow the Board to collect the necessary fees by the requisite dates imposed
by legislative mandate and to help defray incurred costs that fund the Board's
newsletter,
RN Update
. The substantial portion
of increased fees are due to House Bills 3126 (Workforce Data Center) and
2208 (FBI Background Checks) passed by the 78th Regular Session.
House Bill 3126 was passed for the purpose of addressing the nursing shortage
and encouraging individuals to enter the nursing field by authorizing larger
Texas Grants to nursing students. This grant money is to come from the Tobacco
Lawsuit Fund. The Board is required to increase the RNs' renewal fees by $3.00
to fund a nursing resource section of a workforce data center which will be
managed by the Statewide Health Coordinating Council. The fee specifically
will fund a nursing resource section within the center for the collection
and analysis of educational and employment trends for nurses in this state.
The Board is to receive an analysis of these funds in an annual accounting.
The effective date of this bill was June 20, 2003.
House Bill 2208 allows the Board to request and receive the Department
of Public Safety's (DPS) and the Federal Bureau of Investigation's (FBI)
criminal history information of applicants for licensure as a registered nurse
and of currently licensed registered nurses seeking to renew their licenses.
The Board was granted the authority to require these nurses to submit a complete
and legible set of fingerprints to the Board so the necessary information
can be obtained from DPS and the FBI. The appropriated funds for this procedure,
however, were only for nurses on initial licensure due to the overwhelming
burden on this agency's administrative overhead. The fee increase, therefore,
will be applicable only to initial applicants and not to nurses seeking renewal.
The costs incurred by DPS and the FBI total $39 which will be passed on to
the nursing candidates seeking licensure or endorsement, so the initial licensure
cost will increase from $65 to a one time fee of $104, and the endorsement
cost will increase from $125 to a one time fee of $164. The Board is to start
collecting the fees effective September 1, 2003.
In addition to the legislatively required fee increases, the renewal fee
will increase by one dollar ($1) to help defray the costs of the
RN Update
. The
RN Update
was originally
funded by legislative action effective September 1993. The fee for the newsletter
has not been increased since that time in spite of escalating costs. The fee
increase is needed to help offset these additional costs.
The increased fees will allow the BNE to meet the funding goals necessary
for appropriations required to support the legislative requisites. The additional
funding will enable the Board to better fulfill its mission of protecting
the public (criminal background checks), facilitating a viable nurse force
for the future (workforce data center), and keeping professional nurses informed
of events that affect their practice (
RN Update
).
The amendments are adopted on an emergency basis 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 the conducting of proceedings
before it.
§223.1.Fees.
(a)
The Board of Nurse Examiners has established reasonable
and necessary fees for the administration of its functions.
(1)-(5)
(No change.)
(6)
licensure (each biennium)--
$51
[
$47
];
(5/02)
(7)-(22)
(No change.)
(23)
Federal Bureau of Investigations
(FBI) and Department of Public Safety (DPS) criminal background check for
initial licensure applicants and endorsement applicants--$39.
(b)
(No change.)
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 14, 2003.
TRD-200305211
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective Date: September 1, 2003
Expiration Date: December 30, 2003
For further information, please call: (512) 305-6823