Part 11.
BOARD OF NURSE EXAMINERS
Chapter 216.
CONTINUING EDUCATION
22 TAC §§216.1 - 216.3, 216.5
The Board of Nurse Examiners (Board) adopts amendments without
changes to 22 Texas Administrative Code §§216.1 - 216.3 and §216.5,
concerning Continuing Education. The original proposal was published in the
February 11, 2005, issue of the
Texas Register
(30
TexReg 631). The adoption of these amendments will consolidate the Continuing
Education (CE) rules applicable to all nurses into one section and will complete
the consolidation of the rules for the former Board of Vocational Nurse Examiners
and Board of Nurse Examiners under one board.
Effective February 1, 2004, the Board of Nurse Examiners and the Board
of Vocational Nurse Examiners were merged into one agency, the Board of Nurse
Examiners. The Board of Vocational Nurse Examiners ceased to exist as an agency.
House Bill 1483, passed by the 78th Regular Legislative Session, was the legislative
action that implemented the consolidation. These amendments implement House
Bill 1483 and the make-up and function of the new Board of Nurse Examiners.
Concurrent with these adopted amendments is the adopted repeal of Chapter
237 which addressed continuing education for licensed vocational nurses only.
Chapter 216 will be applicable to all nurses. These amendments are for the
purpose of preventing conflicting rules and consolidating the rules applicable
to all nurses under Part 11 (Board of Nurse Examiners) of the Texas Administrative
Code.
No comments were received in response to the proposal of these amendments.
The amendments are adopted pursuant to the authority of Texas
Occupations Code §301.151 and §301.152 which authorizes the Board
of Nurse Examiners to adopt, enforce, and repeal rules consistent with its
legislative authority under the Nursing Practice Act.
The adoption of the amendments implement Texas Occupations Code §§301.303
- 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 March 22, 2005.
TRD-200501248
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: April 11, 2005
Proposal publication date: February 11, 2005
For further information, please call: (512) 305-6823
22 TAC §217.1, §217.4
The Board of Nurse Examiners (Board) adopts without changes
amendments to 22 Texas Administrative Code §217.1 and §217.4, concerning
Licensure, Peer Assistance and Practice. The original proposal was published
in the February 11, 2005, issue of the
Texas Register
(30 TexReg 633).
Section 217.1 specifically addresses "Definitions" and §217.4 is entitled
"Requirements for Initial Licensure by Examination for Nurses Who Graduate
from Nursing Education Programs Outside of United States' Jurisdiction." The
adopted amendment to §217.1 includes the definition of "credentialing
evaluation services (CES)" and deletes the definition of the Commission on
Graduates of Foreign Nursing Schools (CGFNS). Section 217.4 broadens the acceptable
verification organizations and availability of organizations that can provide
credential evaluation services (CES) of foreign-educated nurses. As a result,
the time period in obtaining the necessary information requested from the
credentialing organizations will be shorter and will provide equal and some
enhanced services. By requiring credentials from these organization, the CGFNS
certification program requirement would become unnecessary and, therefore,
eliminated.
No comments were received in response to the proposed amendments.
The amendments are adopted pursuant to the authority of Texas
Occupations Code §301.151 and §301.152 which authorizes the Board
of Nurse Examiners to adopt, enforce, and repeal rules consistent with its
legislative authority under the Nursing Practice Act.
The adoption of the amendments will not affect any existing statute.
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 March 22, 2005.
TRD-200501252
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: April 11, 2005
Proposal publication date: February 11, 2005
For further information, please call: (512) 305-6823
22 TAC §220.2
The Board of Nurse Examiners (Board) adopts without changes
amendments to 22 Texas Administrative Code §220.2 (Issuance of a License
by a Compact Party State), concerning Nurse Licensure Compact. The original
proposal was published in the February 11, 2005, issue of the
Texas Register
(30 TexReg 634). Texas joined the Nurse Licensure Compact
on January 1, 2000. This compact allows nurses licensed in Texas to practice
in member states without having to apply for each member states' individual
license. This adopted amendment will implement the standard passed by the
Nurse Licensure Compact Administrators (NLCA) requiring all nurse applicants
for initial licensure in a compact home state to have passed the NCLEX or
its predecessor examination in order to obtain a multistate privilege.
No comments were received in response to the amendment.
This adopted amendment is pursuant to the authority of Texas
Occupations Code §§301.151, 301.152 and 304.003 which authorizes
the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent
with its legislative authority under the Nursing Practice Act. The adoption
of the amendment will further implement Texas Occupations Code Chapter 304.
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 March 22, 2005.
TRD-200501249
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: April 11, 2005
Proposal publication date: February 11, 2005
For further information, please call: (512) 305-6823
Chapter 237.
CONTINUING EDUCATION
Subchapter A. DEFINITIONS
22 TAC §237.1
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code Chapter 237, concerning Continuing Education, and specifically
Subchapter A (Definitions), §237.1. The proposed repeal was published
in the February 11, 2005, issue of the
Texas Register
(30 TexReg 645). The other subchapter in this chapter is being adopted
without changes for repeal concurrently with this subchapter.
Effective February 1, 2004, the Board of Nurse Examiners and the Board
of Vocational Nurse Examiners were merged into one agency, the Board of Nurse
Examiners. The Board of Vocational Nurse Examiners ceased to exist as an agency.
House Bill 1483, passed by the 78th Regular Legislative Session, was the legislative
action that implemented the consolidation. These repeals implement HB 1483
and the make-up and function of the new Board of Nurse Examiners. Concurrent
with these adopted repeals are adopted amendments to Chapter 216 (Continuing
Education) which will be applicable to all nurses. This repeal is for the
purpose of preventing conflicting rules and consolidating the rules applicable
to all nurses under Part 11 (Board of Nurse Examiners) of the Texas Administrative
Code.
No comments were received in response to the proposal.
This adopted repeal is pursuant to the authority of Texas Occupations
Code §301.151 and §301.152 which authorizes the Board of Nurse Examiners
to adopt, enforce, and repeal rules consistent with its legislative authority
under the Nursing Practice Act. The adoption of the adopted repeal will implement
Texas Occupations Code §§301.303 - 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 March 22, 2005.
TRD-200501238
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: April 11, 2005
Proposal publication date: February 11, 2005
For further information, please call: (512) 305-6823
22 TAC §§237.11 - 237.23
The Board of Nurse Examiners adopts the repeal of 22 Texas
Administrative Code Chapter 237, concerning Continuing Education, and specifically
Subchapter B (Continuing Education), §§237.11 - 237.23. The proposed
repeal was published in the February 11, 2005, issue of the
Texas Register
(30 TexReg 645). The other subchapter in this chapter
is being adopted without changes for repeal concurrently with this subchapter.
Effective February 1, 2004, the Board of Nurse Examiners and the Board
of Vocational Nurse Examiners were merged into one agency, the Board of Nurse
Examiners. The Board of Vocational Nurse Examiners ceased to exist as an agency.
House Bill 1483, passed by the 78th Regular Legislative Session, was the legislative
action that implemented the consolidation. These repeals implement HB 1483
and the make-up and function of the new Board of Nurse Examiners. Concurrent
with these adopted repeals are adopted amendments to Chapter 216 (Continuing
Education) which will subsequently be applicable to all nurses. This repeal
is for the purpose of preventing conflicting rules and consolidating the rules
applicable to all nurses under Part 11 (Board of Nurse Examiners) of the Texas
Administrative Code.
No comments were received in response to the proposal.
This adopted repeal is pursuant to the authority of Texas Occupations
Code §301.151 and §301.152 which authorizes the Board of Nurse Examiners
to adopt, enforce, and repeal rules consistent with its legislative authority
under the Nursing Practice Act. The adoption of the adopted repeal will implement
Texas Occupations Code §§301.303 - 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 March 22, 2005.
TRD-200501240
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: April 11, 2005
Proposal publication date: February 11, 2005
For further information, please call: (512) 305-6823
Chapter 501.
RULES OF PROFESSIONAL CONDUCT
Subchapter C. RESPONSIBILITIES TO CLIENTS
22 TAC §501.72
The Texas State Board of Public Accountancy adopts an amendment
to §501.72 concerning Contingency Fees without changes to the proposed
text as published in the January 28, 2005 issue of the
Texas Register
(30 TexReg 355). The text of the rule will not be republished.
The amendment to §501.72 defines the term "testifying accounting expert".
By adoption of an interpretive comment, the amendment clarifies how a "consulting
accounting expert" may become a "testifying accounting expert" and, further,
that an accounting expert may not accept contingent fees for part of an engagement
and a set fee for part of the same engagement.
The amendment functions to improve the public understanding of how to determine
whether an accounting expert is performing as a testifying accounting expert
or a consulting accounting expert; furthermore, that testifying accounting
experts are not permitted to accept contingent fee arrangements, either in
whole or in part for an engagement.
No comments were received regarding adoption of the rule.
The amendment is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act.
No other article, statute or code is affected by the adoption.
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 March 24, 2005.
TRD-200501293
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 13, 2005
Proposal publication date: January 28, 2005
For further information, please call: (512) 305-7848
22 TAC §505.10
The Texas State Board of Public Accountancy adopts an amendment
to §505.10 concerning Board Committees without changes to the proposed
text as published in the January 28, 2005 issue of the
Texas Register
(30 TexReg 356). The text of the rule will not be republished.
The amendment to §505.10 clarifies the status of each of the Board's
standing committees as either policy-making or working; further, that committees
designated as working committees serve to make recommendations to the board's
policy-making committees concerning changes in the rules, opinions, and policies
related to the functional area supervised by the working committee. The amendment
further clarifies that the Executive Committee shall also be the board's audit
committee; and that the technical standards review committee and the major
case enforcement committee are given the responsibility to make recommendations
to the Board's policy-making committees concerning proposal changes in Board
rules, opinions and policy related to technical standards and major case enforcement.
The amendment functions to clarify each standing committee's status as
either a working or policy-making committee; that the technical standards
review committee and major case enforcement committee are given the responsibility
to make recommendations to the Board's policy-making committees concerning
proposed changes in Board rules, opinions and policy related to technical
standards and major case enforcement; and, in accordance with the Public Accountancy
Act, that only Board members serve on policy-making committees.
No comments were received regarding adoption of this rule.
The amendment is adopted under the Public Accountancy Act ("Act"),
Texas Occupations Code, §901.151 which provides the agency with the authority
to amend, adopt and repeal rules deemed necessary or advisable to effectuate
the Act and §901.1525 of the Public Accountancy Act which authorizes
the Board to have working committees and policy-making committees.
No other article, statute or code is affected by the adoption.
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 March 24, 2005.
TRD-200501294
Rande Herrell
General Counsel
Texas State Board of Public Accountancy
Effective date: April 13, 2005
Proposal publication date: January 28, 2005
For further information, please call: (512) 305-7848
Chapter 217.
LICENSURE, PEER ASSISTANCE AND PRACTICE
Chapter 220.
NURSE LICENSURE COMPACT
Part 12.
BOARD OF VOCATIONAL NURSE EXAMINERS
Subchapter B. CONTINUING EDUCATION
Part 22.
TEXAS STATE BOARD OF PUBLIC ACCOUNTANCY
Chapter 505.
THE BOARD