TITLE 22.EXAMINING BOARDS

Part 2. TEXAS STATE BOARD OF BARBER EXAMINERS

Chapter 51. PRACTICE AND PROCEDURE

Subchapter A. THE BOARD

22 TAC §51.3

The Texas State Board of Barber Examiners adopts an amendment to §51.3, concerning fines and administrative penalties for practice violations related to Chapter 1601 of the Texas Occupations Code. The amendment is adopted without changes to the proposed text as published in April 22, 2005, issue of the Texas Register (30 TexReg 2350) and will not be republished.

The amendment is adopted to impose fines (penalties) for violation of §1601.301. The amendment changes the penalty for first offense for failure to have a booth rental permit from "warning" to $100.00.

No comments on the proposed amendment were received.

The amendment is adopted under the Texas Occupations Code §§1601.151, 1601.155, and 1601.171, which provides the Texas State Board of Barber Examiners with the authority to adopt and enforce all rules necessary for the performance of its duties, to set fees in amounts necessary to cover the cost of administering programs to which the fees relate, and to impose administrative penalties for violations of Chapter 1601.

No other code, article, or statute is affected by this amendment.

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 June 27, 2005.

TRD-200502646

Glenn D. Parker

Executive Director

Texas State Board of Barber Examiners

Effective date: July 17, 2005

Proposal publication date: April 22, 2005

For further information, please call: (512) 936-6333


Part 11. BOARD OF NURSE EXAMINERS

Chapter 214. VOCATIONAL NURSING EDUCATION

22 TAC §§214.2, 214.3, 214.9

The Board of Nurse Examiners (Board) adopts amendments to 22 Texas Administrative Code §§214.2, 214.3, and 214.9, concerning Vocational Nursing Education. The amendments are adopted without changes to the proposed text as published in the May 13, 2005, issue of the Texas Register (30 TexReg 2822). At the October 2004 Board meeting, a question was raised regarding efficacy of the prior Board of Vocational Nurse Examiners' rule, 22 TAC Chapter 233, and current Chapter 214 which allowed LVNs to be employed as vocational nursing faculty in nursing skills labs, nursing fundamentals theory courses, and clinical instruction in all levels of clinical courses. The Board determined in its April 2005 board meeting that: 1) based on excellent NCLEX passage rates and the recent change in ratios which may affect the vocational nursing programs' economic situation, a "vocational" educational model where LVN mentors are a core component of the program would be advantageous; and 2) LVNs should continue to teach in vocational nursing programs with guidelines formulated by board staff. This adoption implements these findings.

Section 214.3(b)(3), Program Development, Expansion, and Closure, is amended to read, "when the extension program's curriculum deviates from the original program in any way, the proposed extension is viewed as a new program and Board guidelines for a new program apply." For consistency and clarity with §214.3(b)(3), §214.2(39)(C) (Definitions) reads, "a newly created program of study in which the curriculum, teaching resources, or program hours required to complete the program differs from that of the main location." Finally, §214.9(k) is deleted because it conflicts with the intent of §214.6(h) and §214.9(f) and (g).

No comments were received in response to the proposal.

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.

These 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 June 20, 2005.

TRD-200502544

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: July 10, 2005

Proposal publication date: May 13, 2005

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


Chapter 217. LICENSURE, PEER ASSISTANCE AND PRACTICE

22 TAC §217.6

The Board of Nurse Examiners adopts an amendment to 22 Texas Administrative Code §217.6, Failure to Renew License, addressing late renewal fees as it applies to individuals on active duty in the United States armed forces serving outside the state. The amendment is adopted without changes to the proposed text as published in the May 13, 2005, issue of the Texas Register (30 TexReg 2824). Texas Occupations Code §55.002 requires a state agency that issues a license to "adopt rules to exempt an individual who holds a license issued by the agency from any increased fee or other penalty imposed by the agency for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the agency that the individual failed to renew the license in a timely manner because the individual was on active duty in the United States armed forces serving outside this state." In compliance with this requirement, §217.6 is amended by adding subsection (g) and putting into rule the existing policy of the Board. In addition, a few modifications are made to subsections (b) and (c) for clarification only.

No comments were received in response to the proposal.

The amendments are adopted pursuant to the authority of Texas Occupations Code §301.151 which authorizes the Board of Nurse Examiners to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.

This amendment will comply with and implement Texas Occupations Code §55.002.

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 June 20, 2005.

TRD-200502545

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: July 10, 2005

Proposal publication date: May 13, 2005

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