TITLE 22.EXAMINING BOARDS

Part 11. BOARD OF NURSE EXAMINERS

Chapter 214. VOCATIONAL NURSING EDUCATION

22 TAC §214.7

The Board of Nurse Examiners adopts the amendments to 22 Texas Administrative Code §214.7, pertaining to Vocational Nursing Education, without changes to the proposed text as published in the November 10, 2006, issue of the Texas Register (31 TexReg 9198).

Section 214.7 specifically addresses Faculty Qualifications and Faculty Organization. The amendments are pertinent to faculty waivers.

Concurrent with this adoption, the Board is adopting an amendment to §215.7 which addresses faculty waivers in Professional Nursing Education.

In September 2006, the Staff of the Texas Sunset Advisory Commission recommended in its report that the Board adopt "its current requirements for waivers of faculty requirements into Board rule...and the Board would no longer need to issue waivers." In compliance with this recommendation, the Board adopts amendments to the professional and vocational nursing education rules incorporating the waiver guidelines into rule. Though the education programs would no longer be required to submit a waiver petition, the amendment requires that programs notify the Board with a notarized statement that they meet both the minimum criteria for the program and for the prospective faculty member as delineated in the rule. Board approval, however, will continue to be required if the program's NCLEX pass rate is too low, or too many faculty member have not met the qualifications required by the Board.

No comments were received regarding the proposed amendments.

The amendments are adopted pursuant to the authority of Texas Occupations Code, §301.157 and §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 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 20, 2006.

TRD-200606851

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: January 9, 2007

Proposal publication date: November 10, 2006

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


Chapter 215. PROFESSIONAL NURSING EDUCATION

22 TAC §215.7

The Board of Nurse Examiners adopts the amendments to 22 Texas Administrative Code §215.7, pertaining to Professional Nursing Education, without changes to the proposed text as published in the November 10, 2006, issue of the Texas Register (31 TexReg 9199).

Section 215.7 specifically addresses Faculty Qualifications and Faculty Organization. The amendment is pertinent to faculty waivers.

Concurrent with this adoption, the Board is adopting an amendment to §214.7 which addresses faculty waivers in Vocational Nursing Education.

In September 2006, the Staff of the Texas Sunset Advisory Commission recommended in its report that the Board adopt "its current requirements for waivers of faculty requirements into Board rule...and the Board would no longer need to issue waivers." In compliance with this recommendation, the Board adopts amendments to the professional and vocational nursing education rules incorporating the waiver guidelines into rule. Though the education programs will no longer be required to submit a waiver petition, the amendment requires that programs notify the Board with a notarized statement that they meet both the minimum criteria for the program and for the prospective faculty member as delineated in the rule. Board approval, however, will continue to be required if the program's NCLEX pass rate is too low, or too many faculty member have not met the qualifications required by the Board.

One comment was received from the Texas Nurses Association in support of the proposed amendment.

The amendments are adopted pursuant to the authority of Texas Occupations Code, §301.157 and §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 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 20, 2006.

TRD-200606849

Katherine Thomas

Executive Director

Board of Nurse Examiners

Effective date: January 9, 2007

Proposal publication date: November 10, 2006

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


Part 25. TEXAS STRUCTURAL PEST CONTROL BOARD

Chapter 599. TREATMENT STANDARDS

22 TAC §599.3

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §599.3, concerning Subterranean Termite Pre-Construction Treatments, without changes to the proposed text as published in the September 1, 2006, issue of the Texas Register (31 TexReg 7089).

Justification for the adopted amendment is to incorporate the proposal that will allow the use and disclosure of wood framing pre-construction treatments.

The amendment will function by recognizing the emerging technology of borates in wood framing pre-construction treatments. The revised rule will also help the rule be consistent with U.S. Environmental Protection Agency labels concerning the treatment of wood framing with borates.

Only one comment was received. That comment was from the National Pest Management Association (NPMA). NPMA has proposed language to 22 TAC §599.3(b) to include wood framing pre-construction treatments with liquid applications. The Board disagrees with that comment, because borates would be covered as a liquid treatment under 22 TAC §599.3(b).

The next comment by NPMA concerns 22 TAC §599.3(e). NPMA proposes replacing the wording concerning "barrier treatment protection" with the language "wood framing pre-construction treatment" in the first line of the subsection. The Board disagrees with that comment since the proposed language already addresses a wood barrier treatment.

NPMA continues its comments on 22 TAC §599.3(e). The proposed language by NPMA is "with the wood treatment termiticide." The Board disagrees with the comment because the proposed language already addresses an application to the wood framing.

Other comments were made by NPMA on 22 TAC §599.3(e) stating "wood treatment termiticides" and "of the product." The Board disagrees with this comment, pointing out that the proposed language does not add anything to the rule since the rule already specifically says what situations are to be used and what products may be applied under label restrictions.

The final comment by NPMA is regarding 22 TAC §599.3(f). NPMA proposes identification of "wood framing pre-construction treatment" in additional to full or partial treatment. The Board disagrees with the comment by pointing out that if an application to a wood framing is made, then under Board rules, the application will be identified as a borate application as well as a full treatment.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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, 2006.

TRD-200606825

Murray Walton

Executive Director

Texas Structural Pest Control Board

Effective date: January 8, 2007

Proposal publication date: September 1, 2006

For further information, please call: (512) 305-8270


22 TAC §599.4

The Texas Structural Pest Control Board adopts an amendment to 22 TAC §599.4, concerning Termite Treatment Disclosure Documents, without changes to the proposed text as published in the September 1, 2006, issue of the Texas Register (31 TexReg 7089).

Justification for the adopted amendment is to reflect the pre-construction treatment standards on wood framing on the Board's Proper Pre-Construction Subterranean Termite Treatments form.

The amendment will function by recognizing the emerging technology of borates in wood framing pre-construction treatments. The revised rule will also help the rule be consistent with U.S. Environmental Protection Agency labels concerning the treatment of wood framing with borates. The Board's forms need to be updated to include these changes, which is the primary purpose of this revision.

No comments were received regarding the amendment.

The amendment is adopted under the Structural Pest Control Act, Chapter 1951 of the Occupations Code, which provides the Texas Structural Pest Control Board with the authority to license and regulate the structural pest control industry.

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, 2006.

TRD-200606826

Murray Walton

Executive Director

Texas Structural Pest Control Board

Effective date: January 8, 2007

Proposal publication date: September 1, 2006

For further information, please call: (512) 305-8270