22 TAC §221.12
The Board of Nurse Examiners withdraws the proposed amendments
to 22 TAC §221.12, concerning Advanced Practice Nurses. The proposed
amendments were published in the November 11, 2005, issue of the
Texas Register
at (30 TexReg 7354). Section 221.12, relating to Scope
of Practice for advanced practice nurses, stated that the advanced practice
nurse's scope of practice is based upon educational preparation, continued
advanced practice experience and the accepted scope of professional practice
of the particular specialty area. The rule further indicated that the scope
of practice of particular specialty areas is defined by national professional
specialty organizations or advanced practice nursing organizations recognized
by the Board.
Comments: Three comments were received in response to the proposed rule.
Comments were submitted by State Representative Vicki Truitt, the Texas Medical
Association (TMA), and the Texas Society of Anesthesiologists (TSA). Each
of the comments expressed concern that, by eliminating the requirement that
the Board review and approve each individual scope of practice statement,
the Board is granting private entities the authority to establish scope of
practice for nurses in Texas. Additionally, TSA has requested a public hearing
in connection with the proposed rule change.
Response: The revisions to the rule that were proposed by the Board are
consistent with practices employed by other state agencies. For example, in
its rules relating to Office Based Anesthesia (22 TAC Chapter 192), the Texas
Medical Board refers to standards set forth by the American Society of Anesthesiologists.
Relying on scope of practice statements from professional organizations allows
regulatory agencies to rely on evidence-based standards that have gone through
rigorous review and evaluation at the national level. Although the proposed
amendment continued to only permit practice that is consistent with state
laws and regulations, the Board has elected to withdraw the proposed amendment
at this time to allow for further analysis.
Filed with the Office of
the Secretary of State on January 30, 2006.
TRD-200600461
Katherine Thomas
Executive Director
Board of Nurse Examiners
Effective date: January 30, 2006
For further information, please call: (512) 305-6823