TITLE 34.PUBLIC FINANCE

Part 4. EMPLOYEES RETIREMENT SYSTEM OF TEXAS

Chapter 82. HEALTH SERVICES IN STATE OFFICE COMPLEXES

34 TAC §§82.1, 82.3, 82.5, 82.7, 82.9

The Employees Retirement System of Texas (ERS) adopts new Chapter 82, 34 TAC §§82.1, 82.3, 82.5, 82.7, and 82.9, to Title 34 Texas Administrative Code, concerning Health Services in State Office Complexes, without changes to the proposed text as published in the November 11, 2005, issue of the Texas Register (30 TexReg 7388). Chapter 82 is added pursuant to House Bill 952, 79th Texas Legislature, Regular Session, which added Chapter 671 to the Texas Government Code. Sections 82.1, 82.3, 82.5, 82.7, and 82.9 are added to define and direct the administration and operation of a licensed advance practice nurse pilot program (pilot program). These sections also comply with and conform to applicable provisions of Chapter 1551, Texas Insurance Code, and Chapter 671 of the Texas Government Code.

ERS received one comment from an individual concerning the definition of "Nurse Practitioner" as it was defined in the proposed rule. However, the definition used in the proposed rule conforms to the definition in §301.152 of the Occupations Code. As a result, no change to the proposed rule was needed.

The new chapter is adopted under the Government Code, §671.001, which provides authorization for the ERS Board of Trustees to adopt rules necessary for implementation of this program. The new chapter is applicable to Texas Government Code, Chapter 671 and Texas Insurance Code, Chapter 1551.

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 10, 2006.

TRD-200601572

Paula A. Jones

General Counsel

Employees Retirement System of Texas

Effective date: March 30, 2006

Proposal publication date: November 11, 2005

For further information, please call: (512) 867-7421