TITLE 22.EXAMINING BOARDS

Part 9. TEXAS STATE BOARD OF MEDICAL EXAMINERS

Chapter 176. HEALTH CARE LIABILITY LAWSUITS AND SETTLEMENTS

22 TAC §§176.1 - 176.9

The Texas State Board of Medical Examiners adopts new §§176.1-176.9, concerning Health Care Liability Lawsuits and Settlements, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9671) and will not be republished.

The new sections concern reporting responsibilities for licensees against whom a health care liability complaint has been filed or a settlement has been made.

No comments were received regarding adoption of the rules.

The new rules are adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 December 19, 2003.

TRD-200308717

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: January 8, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 305-7016


Chapter 184. SURGICAL ASSISTANTS

22 TAC §184.4

The Texas State Board of Medical Examiners adopts an amendment to §184.4, concerning Qualifications for Licensure, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9673) and will not be republished.

The amendment concerns acceptance of the National Surgical Assistant Association examination and certification towards surgical assistant licensure in Texas.

No comments were received regarding adoption of the rules.

The amendment is adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 December 19, 2003.

TRD-200308718

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: January 8, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 305-7016


Chapter 185. PHYSICIAN ASSISTANTS

22 TAC §185.15

The Texas State Board of Medical Examiners adopts an amendment to §185.15, concerning Supervising Physician, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9673) and will not be republished.

The amendment concerns a physician's eligibility to supervise a physician assistant.

No comments were received regarding adoption of the rules.

The amendment is adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 December 19, 2003.

TRD-200308719

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: January 8, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 305-7016


Chapter 193. STANDING DELEGATION ORDERS

22 TAC §193.6

The Texas State Board of Medical Examiners adopts an amendment to §193.6, concerning Delegation of the Carrying Out or Signing of Prescription Drug Orders to Physician Assistants and Advanced Practice Nurses, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9674) and will not be republished.

The amendment concerns the procedure for considering waiver requests for prescriptive delegation.

No comments were received regarding adoption of the rules.

The amendment is adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 December 19, 2003.

TRD-200308720

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: January 8, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 305-7016


Chapter 194. NON-CERTIFIED RADIOLOGIC TECHNICIANS

The Texas State Board of Medical Examiners adopts amendments to §§194.1-194.4, 194.6, the repeal of §§194.7-194.10 and new §§194.7-194.9, concerning Non-Certified Radiologic Technicians, without changes to the proposed text as published in the November 7, 2003, issue of the Texas Register (28 TexReg 9675) and will not be republished.

The amendments, repeals and new sections are necessary for general cleanup and reorganization of the chapter to update statutory cites. Part of the reorganization will be to make reference to other chapters of the board's rules, rather than duplicate the entire text into this chapter.

No comments were received regarding adoption of the rules.

22 TAC §§194.1 - 194.4, 194.6

The amendments are adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 December 19, 2003.

TRD-200308721

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: January 8, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 305-7016


22 TAC §§194.7 - 194.10

The repeals are adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 December 19, 2003.

TRD-200308722

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: January 8, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 305-7016


22 TAC §§194.7 - 194.9

The new sections are adopted under the authority of the Occupations Code Annotated, §153.001, which provides the Texas State Board of Medical Examiners to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; and enforce this subtitle.

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 December 19, 2003.

TRD-200308723

Donald W. Patrick, MD, JD

Executive Director

Texas State Board of Medical Examiners

Effective date: January 8, 2004

Proposal publication date: November 7, 2003

For further information, please call: (512) 305-7016


Part 11. BOARD OF NURSE EXAMINERS

Chapter 216. CONTINUING EDUCATION

22 TAC §216.1

The Board of Nurse Examiners adopts without changes an amendment to 22 TAC §216.1, concerning Continuing Education, specifically affecting Definitions. On September 1, 2003, §301.305 was added to the Texas Occupations Code pursuant to House Bill 1483 of the 78th Texas Legislature, Regular Session. The new §301.305 of the Occupations Code requires that a two-hour bioterrorism component be included within the twenty hours of continuing education required for all nurses. The adopted amendment to §216.1 includes the new bioterrorism definition. The Board modeled its bioterrorism continuing education rule, §216.3(5) which is also being concomitantly adopted, on the Texas Department of Health's requirements. The Board will not enforce these continuing education requirements before June 1, 2006. This requirement, however, will expire on September 1, 2007. The amendment includes the definition of bioterrorism. This amendment was originally proposed in the November 14, 2003, issue of the Texas Register (28 TexReg 10021.)

No comments were received on the proposed adoption of this amendment.

The amendment is proposed under the authority of Texas Occupations Code §301.151 that authorizes the Board of Nurse Examiners to adopt and enforce rules consistent with its legislative authority under the Nursing Practice Act. The proposed amendment affects the Nursing Practice Act, Texas Occupations Code §301.305.

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 December 18, 2003.

TRD-200308674

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: January 7, 2004

Proposal publication date: November 14, 2003

For further information, please call: (512) 305-6823


22 TAC §216.3

The Board of Nurse Examiners adopts without changes an amendment to 22 TAC §216.3, concerning Continuing Education. On September 1, 2003, §301.305 was added to the Texas Occupations Code pursuant to House Bill 1483 of the 78th Texas Legislature, Regular Session. The new §301.305 of the Occupations Code requires that a two-hour bioterrorism component be included within the twenty hours of continuing education required for all nurses. The proposed amendment to §216.3 includes this new bioterrorism component within the 20 hours of continuing education required for all nurses. The Board modeled its bioterrorism bill on the Texas Department of Health's requirements. The Board will not enforce these continuing education requirements before June 1, 2006. This requirement, however, will expire on September 1, 2007. This amendment was originally proposed in the November 14, 2003, issue of the Texas Register (28 TexReg 10022.)

No comments were received in response to the proposed amendment.

The amendment is proposed under the authority of Texas Occupations Code §301.151 that authorizes the Board of Nurse Examiners to adopt and enforce rules consistent with its legislative authority under the Nursing Practice Act. The proposed amendment affects the Nursing Practice Act, Texas Occupations Code §301.305.

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 December 18, 2003.

TRD-200308675

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: January 7, 2004

Proposal publication date: November 14, 2003

For further information, please call: (512) 305-6823