Part 8. TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD
Chapter 157. RULES RELATING TO PRACTICE AND PROCEDURE
Subchapter A. GENERAL PROVISIONS
The Texas Appraiser Licensing and Certification Board adopts amendments to §157.7, concerning Denial of a License, without changes to the proposed text as published in the August 31, 2007, issue of the Texas Register (32 TexReg 5627) and it will not be republished.
The amendments to §157.7 are adopted to add language so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under Senate Bill 914 which amended Texas Occupations Code, Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the amendments incorporate the legislatively mandated changes.
No written comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Texas Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses, §1103.154, Rules Relating to Professional Conduct and Subchapter K, §1103.508, Contested Hearings.
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, 2007.
TRD-200706481
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Effective date: January 8, 2008
Proposal publication date: August 31, 2007
For further information, please call: (512) 465-3900
The Texas Appraiser Licensing and Certification Board adopts amendments to §157.11, concerning Contested Cases; Entry of Appearance; Continuance, without changes to the proposed text as published in the August 31, 2007, issue of the Texas Register (32 TexReg 5627) and it will not be republished.
The amendments to §157.11 are adopted to add language so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearing procedure and process under Senate Bill 914 which amended Texas Occupations Code, Chapter 1103. The thrust of those legislative amendments was to require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. Thus, the amendments incorporate the legislatively mandated changes. An additional amendment to §157.11 replaces an outdated statutory reference with the correct statutory reference.
No written comments were received regarding adoption of the amendments.
The amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Texas Occupations Code, Chapter 1103), which provides the board with authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses , §1103.154, Rules Relating to Professional Conduct and Subchapter K, §1103.508, Contested Hearings.
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, 2007.
TRD-200706484
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Effective date: January 8, 2008
Proposal publication date: August 31, 2007
For further information, please call: (512) 465-3900
The Texas Appraiser Licensing and Certification Board adopts amendments to §157.15, Decision, and §157.18, Motions for Rehearing; Finality of Decisions and new rules §157.16, Exceptions and Replies, and §157.17, Final Decisions and Orders, without changes to the proposed text as published in the August 31, 2007, issue of the Texas Register (32 TexReg 5628) and they will not be republished.
No written comments were received regarding adoption of the amendments.
The adopted amendments to §157.15, Decision, add language so that the board's rules relating to the contested case hearing process will conform to legislative changes made in contested case hearings procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. The amendments implement the legislatively mandated changes.
New §157.16, Exceptions and Replies, adds language so that the board's rules relating to the contested case hearing process will conform to the recent legislative changes made in contested case hearings procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. The new rule implements the legislatively mandated changes.
New §157.17, Final Decisions and Orders, adds language so that the board's rules relating to the contested case hearing process will conform to legislative changes made in contested case hearings procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. The new rule implements the legislatively mandated changes.
The adopted amendments to §157.18, Motions for Rehearing; Finality of Decisions, add language so that the board's rules relating to the contested case hearings process will conform to legislative changes made in contested case hearing procedure and process under SB 914, 80th Legislature Regular Session, which amended Texas Occupations Code, Chapter 1103. Those legislative amendments require contested case hearings to be held before the State Office of Administrative Hearings instead of following the prior practice of utilizing an in-house administrative law judge. The amendments implement the legislatively mandated changes.
The new rules and amendments are adopted under the Texas Appraiser Licensing and Certification Act, Subchapter D, Board Powers and Duties (Occupations Code, Chapter 1103), which grants the board authority to adopt rules under §1103.151, Rules Relating to Certification and Licenses , §1103.154, Rules Relating to Professional Conduct and §1103.508, Subchapter K. Contested Hearings.
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, 2007.
TRD-200706534
Troy Beaulieu
Attorney
Texas Appraiser Licensing and Certification Board
Effective date: January 9, 2008
Proposal publication date: August 31, 2007
For further information, please call: (512) 465-3900
Chapter 201. LICENSING AND ENFORCEMENT--PRACTICE AND PROCEDURE
The Texas Funeral Service Commission (commission) adopts an amendment to Title 22, Texas Administrative Code, §201.16, concerning Memorandum of Understanding with the Texas Department of State Health Services.
The amendment is adopted without change to the proposed text as published in the October 12, 2007, issue of the Texas Register (32 TexReg 7201) and will not be republished.
The adopted amendment updates the language of the rule to coincide with the current statutes in effect.
The commission received no comments.
The amendment is adopted under Texas Occupations Code, §651.152. The commission interprets §651.152 as authorizing it to adopt rules as necessary to administer Chapter 651.
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 21, 2007.
TRD-200706565
O. C. Robbins
Executive Director
Texas Funeral Service Commission
Effective date: January 10, 2008
Proposal publication date: October 12, 2007
For further information, please call: (512) 936-2466
Chapter 213. PRACTICE AND PROCEDURE
The Texas Board of Nursing (BON or Board) adopts without changes an amendment to Title 22, Texas Administrative Code, §213.12 (Witness Fees and Expenses), relating to Practice and Procedure. The proposed amendment was initially published in the November 9, 2007, edition of the Texas Register (32 TexReg 8082). The adopted amendment to §213.12 is to allow a witness who has been subpoenaed by the Board or a party to a proceeding of the Board's to receive adequate reimbursement for their expenses and efforts. Unless the Board designates otherwise, under the Government Code (§2001.103), a witness is allowed only $10 dollars a day compensation and $.10 per mile reimbursement.
No comments were received in response to the proposal.
The adoption is pursuant to the authority of Texas Occupations Code, §301.151 and §301.152 which authorizes the BON 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 19, 2007.
TRD-200706447
Katherine Thomas
Executive Director
Texas Board of Nursing
Effective date: January 8, 2008
Proposal publication date: November 9, 2007
For further information, please call: (512) 305-6823
22 TAC §§214.3, 214.4, 214.6, 214.12
The Texas Board of Nursing (BON) adopts amendments to 22 TAC §§214.3 (Program Development, Expansion and Closure), 214.4 (Approval), 214.6 (Administration and Organization), and 214.12 (Records and Reports) relating to Vocational Nursing Education, with changes to the proposed text published in the November 9, 2007, publication of the Texas Register (32 TexReg 8083).
The Sunset Advisory Commission Report to the 80th Legislature, May 2007, Recommendations, Change in Statute and Management Action, made recommendations, and House Bill (HB) 2426 (Board's Sunset Bill), implemented those recommendations, resulting in changes to Chapter 301 of the Texas Occupations Code (Nursing Practice Act). The proposed amendments implement new §301.157(a) - (d) of the Nursing Practice Act. For clarification, a change was made to the proposed amendments of §214.3(a)(1)(B) because clauses (i) and (ii) were conflicting and could cause confusion, so clause (i) will be deleted as it is not completely accurate, and clause (ii) language will become part of the main body of §214.3(a)(1)(B).
No comments were received in response to the proposed amendments of these sections.
The amendments are adopted pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorizes the BON to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act.
§214.3.Program Development, Expansion and Closure.
(a) New programs.
(1) Proposal to establish a new vocational nursing educational program.
(A) An educational unit in nursing within the structure of a school, including a college, university, or proprietary school (career school or college), or a hospital is eligible to submit a proposal to establish a vocational nursing educational program. Specialized institutions such as nursing homes, tuberculosis hospitals, and others do not qualify as controlling agencies, but may participate with a program as an affiliating health care facility.
(B) The new vocational nursing educational program must be approved/licensed by the appropriate Texas agency, i.e. THECB, TWC, before approval can be granted by the Texas Board of Nursing for the program to be implemented. The proposal to establish a new vocational nursing educational program may be submitted to the Board at the same time that an application is submitted to THECB or TWC, but the proposal cannot be approved by the Board until such time as the proposed program is approved by THECB or TWC.
(C) The process to establish a new vocational nursing educational program shall be initiated with the Board office one year prior to the anticipated start of the program.
(D) The proposal shall be completed under the direction/consultation of a registered nurse who meets the Board-approved qualifications for a program director according to §214.6 of this chapter .
(E) Sufficient nursing faculty, with appropriate expertise, shall be in place for development of the curriculum component of the program.
(F) The proposal shall include information outlined in Board guidelines.
(G) After the proposal is submitted and reviewed, a preliminary survey visit shall be conducted by Board staff prior to presentation to the Board.
(H) The proposal shall be considered by the Board following a public hearing at a regularly scheduled meeting of the Board. The Board may approve the proposal and grant initial approval to the new program, may defer action on the proposal, or may deny further consideration of the proposal.
(I) The program shall not admit students until the Board approves the proposal and grants initial approval.
(J) Prior to presentation of the proposal to the Board, evidence of approval from the appropriate regulatory/funding agencies shall be provided.
(K) After the proposal is approved, an initial approval fee shall be assessed per §223.1 (related to Fees).
(L) A proposal without action for one calendar year shall be inactivated.
(M) If the Board denies further consideration of a proposal, the educational unit in nursing within the structure of a school, including a college, university, or proprietary school (career school or college), or a hospital must wait a minimum of twelve calendar months from the date of the denial before submitting a new proposal to establish a vocational nursing educational program.
(2) Survey visits shall be conducted, as necessary, by staff until full approval status is granted.
(b) Extension Program.
(1) Only vocational nursing educational programs which have full approval status are eligible to initiate an extension program.
(2) An approved vocational nursing educational program desiring to begin an extension program which duplicates current curriculum and teaching resources shall:
(A) Notify the Board office at least four (4) months prior to implementation of the extension program;
(B) Submit required information according to Board guidelines; and
(C) Provide documentation of notification or approval from the controlling agency, THECB, TWC and /or other regulatory/funding agencies, as applicable, at least four (4) months prior to implementation, as appropriate .
(3) 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.
(4) Extension programs of vocational nursing educational programs which have been closed may be reactivated by submitting notification of reactivation to the Board at least four (4) months prior to reactivation, using the Board guidelines for initiating an extension program.
(5) A program intending to close an extension program shall:
(A) Notify the Board office at least four (4) months prior to closure of the extension program.
(B) Submit required information according to Board-approved guidelines including:
(i) reason for closing the program;
(ii) date of intended closure;
(iii) academic provisions for students; and
(iv) provisions made for access to and storage of vital school records.
(c) Transfer of Controlling Agency. The authorities of the controlling agency shall notify the Board office in writing of an intent to transfer the administrative authority of the program. This notification shall follow Board guidelines.
(d) Closure of a Program. A program shall notify the Board office in writing of their intent to close the program.
(1) The controlling agency shall be responsible for graduating enrolled students or ensuring the satisfactory transfer of those students into another program.
(2) The controlling agency shall provide for permanent storage of student records.
(3) A program is deemed closed when the program has not enrolled students for a period of two years since the last graduating class or student enrollment has not occurred for a two-year period. Board-ordered enrollment suspensions may be an exception.
(e) Approval of a Nursing Educational Program Outside Texas' Jurisdiction to Conduct Clinical Learning Experiences in Texas.
(1) The nursing educational program outside Texas' jurisdiction seeking approval to conduct clinical learning experiences in Texas should initiate the process with the Texas Board of Nursing two to three months prior to the anticipated start of the clinical learning experiences in Texas.
(2) A written request and the required supporting documentation shall be submitted to the Board office following Board guidelines.
(3) Evidence that the program has been approved/licensed by the appropriate Texas agency, i.e., THECB, TWC, to conduct business in the State of Texas must be obtained before approval can be granted by the Texas Board of Nursing for the program to conduct clinical learning experiences in Texas.
§214.4.Approval.
(a) The progressive designation of approval status is not implied by the order of the following listing. Approval status is based upon each program's performance and demonstrated compliance to the Board's requirements and response to the Board's recommendations. Change from one status to another is based on NCLEX-PN ™ examination pass rates, compliance audits, survey visits, and other factors listed under §214.4(b) of this chapter. Types of approval include:
(1) Initial Approval.
(A) Initial approval is written authorization by the Board for a new program to admit students, is granted if the program meets the requirements and addresses the recommendations issued by the Board, and begins with the date of the first student enrollment.
(B) The program shall not enroll more than one class per year while on initial approval.
(C) Change from initial approval status to full approval status cannot occur until the program has met requirements and responded to all recommendations issued by the Board and the licensing examination result of the first graduating class is evaluated by the Board.
(2) Full Approval.
(A) Full Approval is granted by the Board to a vocational nursing educational program that is in compliance with all requirements and has responded to all recommendations.
(B) Only programs with Full approval status may initiate extension programs, grant faculty waivers, and petition for faculty waivers.
(3) Full Approval with Warning is issued by the Board to a vocational nursing educational program that is not meeting legal and educational requirements.
(A) A program issued a warning will receive written notification from the Board of the warning.
(B) The program is given a list of the deficiencies and a specified time in which to correct the deficiencies.
(4) Conditional Approval. Conditional approval is issued by the Board for a specified time to provide the program opportunity to correct deficiencies.
(A) The program shall not admit students while on conditional status.
(B) The Board may establish specific criteria to be met in order for the program's conditional approval status to be changed.
(C) Depending upon the degree to which the Board's legal and educational requirements are met, the Board may change the approval status to full approval or full approval with warning, or may withdraw approval.
(5) Withdrawal of Approval. The Board may withdraw approval from a program which fails to meet legal and educational requirements within the specified time. The program shall be removed from the list of Board approved vocational nursing educational programs.
(b) Factors Jeopardizing Program Approval Status--Approval may be changed or withdrawn for any of the following reasons:
(1) deficiencies in compliance with the rule;
(2) utilization of students to meet staffing needs in health care facilities;
(3) noncompliance with school's stated philosophy/mission, program design, objectives/outcomes, and/or policies;
(4) continual failure to submit records and reports to the Board office within designated time frames;
(5) failure to provide sufficient variety and number of clinical learning opportunities for students to achieve stated objectives/outcomes;
(6) failure to comply with Board requirements or to respond to Board recommendations within the specified time;
(7) student enrollments without sufficient faculty, facilities and/or patient census;
(8) failure to maintain a 80% passing rate on the licensing examination by first-time candidates;
(9) failure of program director to document annually the currency of faculty licenses; or
(10) other activities or situations that demonstrate to the Board that a program is not meeting legal requirements and standards.
(c) Ongoing Approval Procedures. Approval status is determined biennially by the Board on the basis of the program's compliance audit, NCLEX-PN ™ examination pass rate, and other pertinent data.
(1) Compliance Audit. Each approved vocational nursing educational program shall submit a biennial audit regarding its compliance with the Board's legal and educational requirements.
(2) NCLEX-PN ™ Pass Rates.
(A) Eighty percent (80%) of first-time candidates who complete the program of study are required to achieve a passing score on the NCLEX-PN ™ examination.
(B) When the passing score of first-time candidates who complete the vocational nursing educational program is less than 80% on the NCLEX-PN ™ examination during the examination year, the nursing program shall submit a self-study report that evaluates factors which contributed to the graduates' performance on the NCLEX-PN ™ examination and a description of the corrective measures to be implemented. The report shall follow Board guidelines.
(C) A warning shall be issued to the program when the pass rate of first-time candidates, as described in subsection (c)(2)(A) of this section, is less than 80% for two consecutive examination years.
(D) A program shall be placed on conditional approval status if, within one examination year from the date the warning is issued, the performance of first-time candidates fails to be at least 80% on the NCLEX-PN ™ examination, or the faculty fail to implement appropriate corrective measures.
(E) Approval may be withdrawn if the performance of first-time candidates fails to be at least 80% during the examination year following the date that the program was placed on conditional approval.
(F) A program issued a warning or placed on conditional approval status may request a review of the program's approval status by the Board at a regularly scheduled meeting if the program's pass rate for first-time candidates during one examination year is at least 80%.
(3) Survey Visit. Each vocational nursing educational program shall be visited at least every six years after full approval has been granted, unless accredited by a Board-recognized nursing accrediting agency.
(A) The Board may authorize staff to conduct a survey visit at any time based upon established criteria.
(B) After a program is fully approved by the Board, a report from a Board-recognized national nursing accrediting agency regarding a program's accreditation status may be accepted in lieu of a Board survey visit.
(C) A written report of the survey visit, compliance audit, and NCLEX-PN ™ examination pass rate shall be reviewed by the Board biennially at a regularly scheduled meeting.
(4) The Texas Board of Nursing will select one or more national nursing accrediting agencies, recognized by the United States Department of Education and determined by the Board to have standards equivalent to the Board's ongoing approval standards.
(A) The Texas Board of Nursing will periodically review the standards of the national nursing accrediting agencies following revisions of accreditation standards or revisions in Board requirements for validation of continuing equivalency.
(B) The Texas Board of Nursing will deny or withdraw approval from a school of nursing or educational program that fails to:
(i) meet the prescribed course of study or other standard under which it sought approval by the Board.
(ii) meet or maintain voluntary accreditation, by a school of nursing or educational program approved by the Board as stated in §214.4(c)(4)(C) of this chapter, with the national nursing accrediting agency selected by the Board under which it was approved or sought approval by the Board.
(iii) maintain the approval of the state board of nursing of another state that the Board has determined has standards that are substantially equivalent to the Board's standards under which it was approved.
(C) A school of nursing or educational program is considered approved by the Board and exempt from Board rules that require ongoing approval if the program:
(i) is accredited and maintains voluntary accreditation through an approved national nursing accrediting agency that has been determined by the Board to have standards equivalent to the Board's ongoing approval standards; and
(ii) maintains an acceptable pass rate, as determined by the Board, on the applicable licensing exam.
(D) A school of nursing or educational program that fails to meet or maintain an acceptable pass rate, as determined by the Board, on applicable licensing examinations is subject to review by the Board.
(E) A school of nursing or educational program, approved by the Board as stated in §214.4(c)(4)(C) of this chapter, that does not maintain voluntary accreditation is subject to review by the Board.
(F) The Board may assist the school or program in its effort to achieve compliance with the Board's standards.
(G) A school or program from which approval has been withdrawn may reapply for approval.
(H) A school of nursing or educational program accredited by an agency recognized by the Board shall:
(i) provide the board with copies of any reports submitted to or received from the national nursing accrediting agency selected by the Board within three (3) months of receipt of official reports;
(ii) notify the Board of any change in accreditation status within two (2) weeks following receipt of official notification letter; and
(iii) provide other information required by the Board as necessary to evaluate and establish nursing education and workforce policy in this state.
(d) Notice of a program's approval status shall be sent to the director, chief administrative officer of the controlling agency, and others as determined by the Board.
§214.6.Administration and Organization.
(a) The controlling agency shall be licensed or accredited by a Board-recognized agency.
(b) There shall be an organizational chart indicating lines of authority between the vocational nursing educational program and the controlling agency.
(c) The program shall have comparable status with other educational units within the institution (controlling agency).
(d) The controlling agency shall:
(1) be responsible for satisfactory operation of the vocational nursing educational program;
(2) meet rules and regulations as stated in this chapter;
(3) provide the number of faculty necessary to meet minimum standards set by the Board and to insure a sound educational program;
(4) provide for suitable classroom and clinical facilities;
(5) provide secretarial assistance;
(6) provide sufficient funds for operation and maintenance of the program to meet requirements set by the Board; and
(7) select and appoint a qualified registered nurse director or coordinator for the program who meets the requirements of the Board. The director shall:
(A) hold a current license or privilege to practice as a registered nurse in the state of Texas;
(B) have been actively employed in nursing for the past five years, preferably in supervision or teaching. If the director has not been actively employed in nursing for the past five years, the director's advanced preparation in nursing, nursing education, and nursing administration and prior relevant nursing employment may be taken into consideration by the Board staff in evaluating qualifications for the position;
(C) have a degree or equivalent experience that will demonstrate competency and advanced preparation in nursing, education, and administration; and
(D) have had five years of varied nursing experience since graduation from a professional nursing educational program.
(e) When the director or coordinator of the program changes, the director or coordinator shall submit to the Board office written notification of the change indicating the final date of employment. The controlling agency shall ensure that:
(1) a new director or coordinator qualification form is submitted to the Board office for approval prior to being hired at an existing program or a new program;
(2) the director may have responsibilities other than the program provided that an assistant program coordinator/lead instructor is designated to assist with the program management;
(3) a director with responsibilities other than the program shall not have major teaching responsibilities; and
(4) written job descriptions exist which clearly delineate responsibilities of the director, coordinator and lead instructor, as appropriate.
(f) In a fully approved vocational nursing educational program, if the individual to be appointed as director or coordinator does not meet the requirements for director or coordinator as specified in subsection (d)(7) of this section, the administration is permitted to petition for a waiver of the Board's requirements, according to Board guidelines, prior to the appointment of said individual.
(g) A newly appointed director or coordinator of a vocational nursing educational program shall attend the next scheduled orientation provided by the Board staff.
(h) The director or coordinator shall have the authority to direct the program in all its phases, including approval of teaching staff, selection of appropriate clinical sites, admission, progression, probation, and dismissal of students. Additional responsibilities include but are not limited to:
(1) providing evidence of faculty expertise and knowledge to teach curriculum content;
(2) acting as agent of the Board and issuing temporary permits to eligible graduates, upon completion of the program;
(3) verifying student's completion of program requirements on the Affidavit of Graduation; and
(4) completing and submitting the Texas Board of Nursing Compliance Audit and Nursing Educational Program Information Survey by the required dates.
§214.12.Records and Reports.
(a) Student Forms--Student records shall be maintained on all students and shall be accessible to all faculty members and to Board representatives. Record forms may be developed by an individual school. Hospital employment forms are not to be used for student records.
(b) Required Student Forms--The required student forms are the student application, evidence of student's ability to meet objectives/outcomes of the program, clinical practice evaluation, transcript, signed receipt of written student policies, evidence of student receipt of eligibility information, and statement of withdrawal.
(c) Record Storage--Records shall be safely stored to prevent loss, destruction, or unauthorized use. Records of all graduates must be completed prior to permanent storage. Records on students who withdraw from the program shall be completed up to the date of withdrawal.
(d) Retention of Student Records--All records shall be maintained for two years. At minimum, a transcript shall be retained as a permanent record on all students.
(e) Copies of the program's Texas Board of Nursing Compliance Audit of the Nursing Educational Program (CANEP), Nursing Educational Program Information Survey (NEPIS), and important Board communication shall be maintained as appropriate.
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 21, 2007.
TRD-200706610
Katherine Thomas
Executive Director
Texas Board of Nursing
Effective date: January 10, 2008
Proposal publication date: November 9, 2007
For further information, please call: (512) 305-6823
The Texas Board of Nursing (BON) adopts amendments to 22 TAC §215.6 (Administration and Organization) and §215.12 (Records and Reports Relating to Professional Nursing Education) relating to Professional Nursing Education without changes to the proposed text published in the November 9, 2007, publication of the Texas Register (32 TexReg 8088).
The Sunset Advisory Commission Report to the 80th Legislature, May 2007, Recommendations, Change in Statute and Management Action, made recommendations, and House Bill 2426 (Board's Sunset Bill), implemented those recommendations, resulting in changes to Chapter 301 of the Texas Occupations Code (Nursing Practice Act). The adopted amendments implement new §301.157(a) - (d) of the Nursing Practice Act.
No comments were received in response to the proposed amendments of these sections.
The amendments are adopted pursuant to the authority of Texas Occupations Code §301.151 and §301.152 which authorizes the BON 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 21, 2007.
TRD-200706619
Katherine Thomas
Executive Director
Texas Board of Nursing
Effective date: January 10, 2008
Proposal publication date: November 9, 2007
For further information, please call: (512) 305-6823
The Texas Board of Nursing (BON or Board) adopts amendments without changes to Title 22, Texas Administrative Code, §§216.1 - 216.7, relating to Continuing Education. The proposed amendments were initially published in the November 16, 2007, edition of the Texas Register (32 TexReg 8248). Senate Bill 993 (SB 993) was passed in the 80th Legislative Session and addressed Nursing Peer Review. It also specifically addressed continuing education (CE) for nurses in that, effective September 1, 2007, the Board has the discretion to accept only Type I CE courses for license renewal. Senate Bill 993 amended the Nursing Practice Act (Tex. Occ. Code, §301.303) by deleting the portion of the section that required the Board to allow Type II CE. The adopted amendments require all CE courses taken by nurses for the purpose of renewal be Type I.
No comments were received in response to the proposal.
The adoption is pursuant to the authority of Texas Occupations Code, §301.151 and §301.152 which authorizes the BON 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 19, 2007.
TRD-200706452
Katherine Thomas
Executive Director
Texas Board of Nursing
Effective date: January 8, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 305-6823
The Texas Board of Nursing (BON or Board) adopts amendments to Title 22, Texas Administrative Code, §§219.1 - 219.13, relating to Advanced Practice Nurse Education without changes to the proposed amendments published in the November 16, 2007, edition of the Texas Register (32 TexReg 8253). The Texas Government Code requires the Board to review all rules every four years for the purpose of determining whether the rule should continue to exist. Chapter 219 has been under its required review. Additionally, as a result of recommendations made by the Sunset Advisory Commission and subsequent changes to the Nursing Practice Act during the 2007 legislative session, the Board's role has changed with regard to approval of nursing education programs. Although the Board will continue to play a role in approval of pre-licensure programs, it will not approve post-licensure programs that are nationally accredited by a nursing education accrediting body approved by the U.S. Department of Education.
No comments were received in response to the proposal.
The adoption is pursuant to the authority of Texas Occupations Code, §301.151 and §301.152, which authorizes the BON 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 19, 2007.
TRD-200706478
Katherine Thomas
Executive Director
Texas Board of Nursing
Effective date: January 8, 2008
Proposal publication date: November 16, 2007
For further information, please call: (512) 305-6823
Chapter 850. TEXAS BOARD OF PROFESSIONAL GEOSCIENTISTS
Subchapter A. AUTHORITY AND RESPONSIBILITIES
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to §850.1 regarding the Board's authority. It is adopted without changes to the proposed text as published in the August 10, 2007, issue of the Texas Register (32 TexReg 4873).
The adopted amendment revises language to 22 TAC §850.1 to provide a clear citation to the relevant statutory authority.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
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, 2007.
TRD-200706485
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: January 8, 2008
Proposal publication date: August 10, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to §850.10 regarding definitions. It is adopted without changes to the proposed text as published in the August 10, 2007, issue of the Texas Register (32 TexReg 4874).
The adopted amendment revises language to 22 TAC §850.10 to provide a clear citation to the relevant statutory authority.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
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, 2007.
TRD-200706486
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: January 8, 2008
Proposal publication date: August 10, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to §850.82 regarding the insufficient funds fee. It is adopted without changes to the proposed text as published in the August 3, 2007, issue of the Texas Register (32 TexReg 4728).
The adopted amendment to 22 TAC §850.82 clarifies that a fee will be charged for insufficient funds and not just for dishonored checks.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties. This amendment also corresponds to §1002.152, which authorizes the Board to set reasonable and necessary fees.
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 18, 2007.
TRD-200706440
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: January 7, 2008
Proposal publication date: August 3, 2007
For further information, please call: (512) 936-4405
Subchapter A. LICENSING
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to §851.10 regarding definitions. It is adopted without changes to the proposed text as published in the August 10, 2007, issue of the Texas Register (32 TexReg 4874).
The adopted amendment revises language to 22 TAC §851.10 to provide a clear citation to the relevant statutory authority.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
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, 2007.
TRD-200706487
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: January 8, 2008
Proposal publication date: August 10, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to §851.80 regarding fees. It is adopted without changes to the proposed text as published in the August 3, 2007, issue of the Texas Register (32 TexReg 4729).
The adopted amendment adds language to 22 TAC §851.80 which makes changes to the fee charged for the geophysics exam and adds a fee for insufficient funds.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties. This amendment also corresponds to §1002.152, which authorizes the Board to set reasonable and necessary fees.
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 18, 2007.
TRD-200706439
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: January 7, 2008
Proposal publication date: August 3, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to §851.101 regarding the code of professional conduct. It is adopted without changes to the proposed text as published in the August 10, 2007, issue of the Texas Register (32 TexReg 4875).
The adopted amendment revises language to 22 TAC §851.101 to provide a clear citation to the relevant statutory authority.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
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, 2007.
TRD-200706488
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: January 8, 2008
Proposal publication date: August 10, 2007
For further information, please call: (512) 936-4405
The Texas Board of Professional Geoscientists (TBPG) adopts an amendment to §851.107 regarding the prevention of unauthorized practice. It is adopted without changes to the proposed text as published in the August 10, 2007, issue of the Texas Register (32 TexReg 4875).
The adopted amendment revises language to 22 TAC §851.107 to provide a clear citation to the relevant statutory authority.
No comments were received regarding adoption of this amendment.
The amendment is adopted under the Texas Occupations Code, §1002.151, which authorizes the Board to adopt and enforce rules consistent with the Texas Geoscience Practice Act and necessary for the performance of its duties.
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, 2007.
TRD-200706489
Vincent Houston
Acting Executive Director
Texas Board of Professional Geoscientists
Effective date: January 8, 2008
Proposal publication date: August 10, 2007
For further information, please call: (512) 936-4405