Review of Agency Rules

Proposed Rule Reviews

Texas Medical Board

Title 22, Part 9

The Texas Medical Board (Board) proposes to review Chapter 174, relating to Telemedicine, §§174.1 - 174.6, pursuant to the Texas Government Code, §2001.039.

Elsewhere in this issue of the Texas Register the Board contemporaneously proposes amendments to §§174.1, 174.2, 174.4, and 174.6.

The agency's reason for adopting the rules contained in this chapter continues to exist.

Comments on the proposed review may be submitted to Sally Durocher, P.O. Box 2018, Austin, Texas 78768-2018, or e-mail comments to: rules.development@tmb.state.tx.us.

TRD-200901456

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Filed: April 16, 2009


Adopted Rule Reviews

State Board for Educator Certification

Title 19, Part 7

The State Board for Educator Certification (SBEC) adopts the review of Title 19, Texas Administrative Code (TAC), Chapter 241, Principal Certificate, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 241 in the February 27, 2009, issue of the Texas Register (34 TexReg 1451).

Relating to the review of 19 TAC Chapter 241, the SBEC finds that the reasons for adopting continue to exist and readopts the rules with changes to update the rules to reflect current law and add specificity to educator preparation and certification requirements relating to the principal certificate.

The SBEC is proposing amendments to §§241.1, 241.5, 241.10, 241.15, 241.30, and 241.35; the repeal of §§241.20, 241.25, and 241.40; and new §241.20 and §241.25, which may be found in the Proposed Rules section of this issue.

The SBEC received no comments related to the rule review of 19 TAC Chapter 241.

This concludes the review of 19 TAC Chapter 241.

TRD-200901471

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Filed: April 20, 2009


The State Board for Educator Certification (SBEC) adopts the review of Title 19, Texas Administrative Code (TAC), Chapter 242, Superintendent Certificate, pursuant to the Texas Government Code, §2001.039. The SBEC proposed the review of 19 TAC Chapter 242 in the February 27, 2009, issue of the Texas Register (34 TexReg 1451).

Relating to the review of 19 TAC Chapter 242, the SBEC finds that the reasons for adopting continue to exist and readopts the rules with changes to update the rules to reflect current law and add specificity to educator preparation and certification requirements relating to the superintendent certificate.

The SBEC is proposing new §242.1; amendments to §§242.5, 242.10, 242.15, 242.20, 242.25, and 242.30; and the repeal of §242.35, which may be found in the Proposed Rules section of this issue.

The SBEC received no comments related to the rule review of 19 TAC Chapter 242.

This concludes the review of 19 TAC Chapter 242.

TRD-200901472

Jerel Booker

Associate Commissioner, Educator Quality and Standards, Texas Education Agency

State Board for Educator Certification

Filed: April 20, 2009


Texas Medical Board

Title 22, Part 9

The Texas Medical Board (Board) adopts the review of Chapter 183, Acupuncture, §§183.1 - 183.23, pursuant to the Texas Government Code, §2001.039.

The proposed rule review was published in the February 27, 2009, issue of the Texas Register (34 TexReg 1451).

Elsewhere in this issue of the Texas Register , the Board contemporaneously adopts amendments to §§183.2, 183.4, 183.10, and 183.20.

No comments were received regarding adoption of the review.

The agency's reason for adopting the rules contained in this chapter continues to exist.

This concludes the review of Chapter 183, Acupuncture.

TRD-200901457

Mari Robinson, J.D.

Interim Executive Director

Texas Medical Board

Filed: April 16, 2009


Texas Board of Nursing

Title 22, Part 11

The Texas Board of Nursing (Board) adopts the review of 22 TAC Chapter 214, Vocational Nurse Education; Chapter 215, Professional Nursing Education; and Chapter 222, Advanced Practice Nurses with Prescriptive Authority, pursuant to the requirements of the Government Code §2001.039. Notice of the proposed rule review was published in the February 20, 2009, issue of the Texas Register (34 TexReg 1261). No comments were received concerning the Board's proposed rule review.

The Board has reviewed and considered Chapters 214, 215, and 222 for re-adoption, revision, and repeal. The Government Code §2001.039 requires each state agency to review its rules every four years and to re-adopt, re-adopt with amendments, or repeal each reviewed rule. At a minimum, an agency's review shall include an assessment of whether the reasons for initially adopting a rule continue to exist. The Board has completed its review of the rules in Chapters 214, 215, and 222 and finds that the reasons for originally adopting these rules continue to exist. Each chapter was reviewed to determine whether it was obsolete, reflected current legal and policy considerations, reflected current procedures and practices of the Board, and whether it was in compliance with the Government Code Chapter 2001.

The re-adoption of Chapters 214 and 215, relating to vocational and professional nursing education, is authorized under the Occupations Code §301.157. Section 301.157 authorizes the Board to prescribe minimum standards and requirements for courses and programs of study that prepare persons to become licensed registered or vocational nurses. The re-adoption of Chapter 222, relating to advanced practice nurses with prescriptive authority, is authorized under the Occupations Code §301.152. Section 301.152 authorizes the Board to: (i) adopt rules that establish specialized education or training requirements for registered nurses carrying out prescription drug orders, (ii) approve registered nurses as advanced practice nurses; and (iii) approve and renew advanced practice nurses' authority to carry out or sign prescription drug orders.

The Board re-adopts Chapters 214, 215, and 222 without changes, pursuant to the Government Code §2001.039 and the Occupations Code §301.151, which authorizes the Board to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act. This concludes the review of 22 TAC Chapters 214, 215, and 222.

TRD-200901462

James W. Johnston

General Counsel

Texas Board of Nursing

Filed: April 16, 2009