PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS
CHAPTER 71. APPLICATIONS AND APPLICANTS
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §71.5, concerning Approved Chiropractic Schools and Colleges, without changes to the proposed text as published in the March 12, 2010, issue of the Texas Register (35 TexReg 2108) and will not be republished.
The adopted amendment clarifies that bona fide reputable chiropractic schools are those accredited not only by the Council on Chiropractic Education (CCE), but also by other chiropractic educational accrediting bodies that are members in good standing with the Councils on Chiropractic Education International (CCEI). CCE is the American component of CCEI, so American schools currently considered to be "bona fide reputable chiropractic schools" will not be affected by this amendment. The Board has determined applicants from foreign chiropractic schools accredited by CCEI member accrediting bodies should be allowed to be licensed if the applicants meet all other licensing criteria in the state of Texas.
No comments were received by the Board in response to the proposed amendment.
The amendment is adopted under Texas Occupations Code §201.152, relating to rules; §201.302, relating to licensing applicant requirements; and §201.303, relating to educational requirements for applicants. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic. Section 201.302 states that an applicant must be either a graduate or a final semester student of a bona fide reputable doctor of chiropractic degree program. Section 201.303 sets forth parameters for determining what qualifies as a bona fide reputable doctor of chiropractic degree program.
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 June 10, 2010.
TRD-201003271
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 30, 2010
Proposal publication date: March 12, 2010
For further information, please call: (512) 305-6716
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §73.2, concerning Renewal of License, without changes to the proposed text as published in the March 12, 2010, issue of the Texas Register (35 TexReg 2108) and will not be republished.
The adopted amendment adds subsection (j), which deals with information required to be furnished by licensees to the Board pursuant to license renewal applications. The language of subsection (j) was originally located in §80.3(g); however, the Board decided that §73.2 was a more appropriate place for this information. As such, §80.3 was amended to remove subsection (g), and the Board adopts this amendment to §73.2 to add subsection (j).
No comments were received by the Board in response to the proposed amendment.
The amendment is adopted under Texas Occupations Code §201.152, relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
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 June 10, 2010.
TRD-201003273
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 30, 2010
Proposal publication date: March 12, 2010
For further information, please call: (512) 305-6716
The Texas Board of Chiropractic Examiners (Board) adopts new §75.23, concerning spinal screening, to set forth the minimal standards for conducting out-of-facility spinal screenings, such as at a health fair or other community event. The new rule is adopted with changes to the proposed text as published in the March 26, 2010, issue of the Texas Register (35 TexReg 2489) and will be republished. In drafting this rule, the Board consulted the rules of the Texas Department of State Health Services (DSHS), codified at 25 Texas Administrative Code (TAC) Chapter 37, in addition to other sources.
The new rule provides standards for the training required of persons conducting out-of-facility spinal screenings and for the information that must be provided to the public at such screenings. School spinal screenings would still need to be conducted in compliance with DSHS rules and guidelines.
The Board received one comment in opposition to the proposed new rule from a doctor of chiropractic.
The doctor questioned why the proposed rule would not apply to similar screenings conducted by the chiropractic colleges. The Board's primary concern in promulgating this rule has been to establish standards for licensees and their staff to conduct these screenings. The Board has not received any complaints regarding any such screenings that the colleges might perform. No change was made in response to this part of the comment.
The doctor expressed concern that the proposed rule would place undue restrictions and burdens upon chiropractors as compared to other health care professionals. The doctor specifically expressed concern about the potential impact on young doctors of chiropractic, some of the information that would be required to be displayed for potential patients, and the difficulty in complying given the limited booth space available at many such screenings. The Board disagrees that this rule would put chiropractors at a disadvantage compared with other health care professionals. However, the Board agrees that the proposed rule may have been too burdensome. The rule has been revised by simplifying the requirements of the information that must be displayed for potential patients and by specifying that a licensee may train persons to conduct spinal screenings, deleting the requirement for certification from DSHS. These changes should reduce any potential impact on young professionals.
The doctor said that there is no purpose in requiring display of the statement that persons receiving a spinal screening are free to seek an opinion from the health care provider of their choice. The Board disagrees. The primary objective of this rule is to ensure that potential patients are aware that they are free to make their own health care decisions and that they can decline an attempt to schedule them for clinic visit with the licensee sponsoring the screening. No change was made in response to this part of the comment.
The doctor suggested that the cost and time required for compliance with the proposed rule, particularly certification of staff, would discourage doctors of chiropractic from marketing the profession to the public. The Board has revised the rule to delete the requirement that staff have a formal certification for spinal screening and to otherwise reduce the potential compliance costs.
The doctor questioned the appropriateness of requiring DSHS certification, pointing to several elements of the program and that the course was not available online. The Board has revised the rule to delete the requirement for DSHS certification.
The doctor suggested that the proposed rule would create compliance violations where there is no harm to the public. The Board disagrees. However, the changes made have simplified the requirements for compliance.
The doctor also suggested that the time for retaining records of a screening be reduced from 24 months to 12 months. The Board agrees, and upon further reflection, has reduced the time to six months.
The new rule is adopted under Texas Occupations Code §201.152, relating to rules, and §201.1525, relating to rules clarifying scope of chiropractic. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic. Section 201.1525 authorizes the Board to adopt rules requiring a license holder to obtain additional training or certification to perform certain procedures or use certain equipment.
§75.23.Spinal Screenings.
(a) The purpose of this section is to set forth the minimal standards for conducting out-of-facility spinal screenings. A licensee may offer a spinal screening outside of a registered facility only if they are in compliance with this section.
(b) At all out-of-facility spinal screenings, a placard that complies with the following requirements must be prominently displayed:
(1) the placard must be placed in a location that can be readily viewed by the public;
(2) the placard must contain the name of the sponsoring clinic and the address of the clinic;
(3) the placard must be printed in bold Times New Roman font in at least 32-point font size; and
(4) the placard must include the following language: "This spinal screening is being offered free of charge and free of any commitment. The screening process does not diagnose a spinal deformity or condition. You are free to seek an opinion from the health care provider of your choice for a more thorough examination and treatment. Any complaints regarding the conduct at this spinal screening may be directed to the Texas Board of Chiropractic Examiners, www.tbce.state.tx.us, (512) 305-6707."
(c) A licensee and/or clinic sponsoring a spinal screening is responsible for ensuring compliance with §77.2 of this title (relating to Publicity).
(d) A licensee may allow or direct a student from an accredited chiropractic college who has credit for at least six trimesters of chiropractic education to conduct a spinal screening.
(e) A licensee may allow or direct any other person to conduct a spinal screening if a licensee has verified that the person is qualified and properly trained to conduct a spinal screening in compliance with §80.1 of this title (relating to Delegation of Authority). When a licensee or a student that meets the requirements of subsection (d) of this section is present, they may allow or direct another person to assist with a spinal screening.
(f) A licensee shall create and maintain, for at least six months following the event, a log for each screening event that contains, at a minimum, the following information:
(1) date and location of the event;
(2) name and license number of the sponsoring license;
(3) name and registration number of the chiropractic facility of the sponsoring licensee;
(4) names of all persons performing spinal screenings; and
(5) the names of each person screened at the event.
(g) School spinal screening must be conducted in compliance with rules and guidelines of the Texas Department of State Health Services.
(h) The provisions for out-of-facility spinal screenings in this section supersede the requirements of §80.7 of this title (relating to Out-of-Facility Practice).
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 June 10, 2010.
TRD-201003264
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: June 30, 2010
Proposal publication date: March 26, 2010
For further information, please call: (512) 305-6716
The Texas Board of Chiropractic Examiners (Board) adopts new §75.25, concerning Impaired Licensees and Applicants, without changes to the proposed text as published in the March 12, 2010, issue of the Texas Register (35 TexReg 2109) and will not be republished.
The new rule relates to impaired licensees and applicants and establishes criteria for when the Board can require an impaired licensee or applicant to undergo mental and/or physical examination. Previously, this information was contained in §80.3, which deals with requests for information and records from licensees. The Board determined that information regarding impaired licensees and applicants would be more appropriate in new §75.25.
The Board received no comments on the proposed new rule.
The new rule is adopted under Texas Occupations Code §201.152, relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
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 June 11, 2010.
TRD-201003295
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: July 1, 2010
Proposal publication date: March 12, 2010
For further information, please call: (512) 305-6716
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §76.3, concerning Commencement of Enforcement Proceedings, without changes to the proposed text as published in the March 12, 2010, issue of the Texas Register (35 TexReg 2110) and will not be republished.
The adopted amendment corrects an incorrect citation to the Administrative Procedure Act (APA). Previously, subsection (b) cited §2001.052 of the APA in declaring that a respondent is entitled to reasonable notice of a hearing of not less than then days prior to the hearing. However, the correct reference to the APA should be §2001.051, as reflected in this adopted amendment.
No comments were received by the Board in response to the proposed amendment.
The amendment is adopted under Texas Occupations Code §201.152, relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
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 June 11, 2010.
TRD-201003296
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: July 1, 2010
Proposal publication date: March 12, 2010
For further information, please call: (512) 305-6716
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §76.11, concerning Default Judgments, without changes to the proposed text as published in the March 12, 2010, issue of the Texas Register (35 TexReg 2110) and will not be republished.
The adopted amendment changes the font size of the required default judgment disclosure in notices of hearing. Previously, subsection (b) read that the default judgment disclosure in a notice of hearing was required to be 10-point font. However, §155.501(b)(2) of the State Office of Administrative Hearings (SOAH) Rules of Procedure requires an agency attempting to obtain a default judgment to prove that the notice of hearing to the respondent included a disclosure in at least 12-point boldface type. Therefore, the adopted amendment changes the required font size for a default judgment disclosure in a notice of hearing to 12-point font.
No comments were received by the Board in response to the proposed amendment.
The amendment is adopted under Texas Occupations Code §201.152, relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
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 June 11, 2010.
TRD-201003297
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: July 1, 2010
Proposal publication date: March 12, 2010
For further information, please call: (512) 305-6716
The Texas Board of Chiropractic Examiners (Board) adopts an amendment to §80.3, concerning Request for Information and Records from Licensees, without changes to the proposed text as published in the March 12, 2010, issue of the Texas Register (35 TexReg 2111) and will not be republished.
The adopted amendment removes subsections (g) and (h). Previously, §80.3(g) dealt with licensees providing information to the Board about answers to questions on an application for license renewal. The Board determined that §73.2(j) is a more appropriate place for this information. Additionally, §80.3(h) dealt with impaired licensees. The Board determined that §75.25 is a more appropriate place for this information.
No comments were received by the Board in response to the proposed amendment.
The amendment is adopted under Texas Occupations Code §201.152, relating to rules. Section 201.152 authorizes the Board to adopt rules necessary to regulate the practice of chiropractic.
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 June 11, 2010.
TRD-201003298
Glenn Parker
Executive Director
Texas Board of Chiropractic Examiners
Effective date: July 1, 2010
Proposal publication date: March 12, 2010
For further information, please call: (512) 305-6716
CHAPTER 164. PHYSICIAN ADVERTISING
The Texas Medical Board (Board) adopts new §164.6, concerning Required Disclosures on Websites, without changes to the proposed text as published in the April 30, 2010, issue of the Texas Register (35 TexReg 3388) and will not be republished.
New §164.6 moves language from Chapter 174 to Chapter 164 as the section primarily relates to advertising.
No comments were received regarding adoption of the new rule.
The new rule is adopted under the authority of the Texas Occupations Code Annotated, §153.001, which provides authority for the Board to adopt rules and bylaws as necessary to: govern its own proceedings; perform its duties; regulate the practice of medicine in this state; enforce this subtitle; and establish rules related to licensure.
The new rule is also authorized by §164.052, Texas Occupations Code.
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 June 11, 2010.
TRD-201003274
Mari Robinson, J.D.
Executive Director
Texas Medical Board
Effective date: July 1, 2010
Proposal publication date: April 30, 2010
For further information, please call: (512) 305-7016
CHAPTER 221. ADVANCED PRACTICE NURSES
INTRODUCTION. The Texas Board of Nursing (Board) adopts amendments to §221.1 (relating to Definitions) and §221.3 (relating to Education) without changes to the proposed text published in the May 7, 2010, issue of the Texas Register (35 TexReg 3590).
REASONED JUSTIFICATION. The amendments are adopted under the Occupations Code §301.152(a) and (b) and §301.151 and are necessary to clarify existing language within the sections and enhance consistency among Board rules related to advanced nursing practice. Specifically, the adopted amendments: (i) clarify that an applicant for advanced practice licensure must complete a qualifying program of study at the master's degree level or higher; (ii) replace references to the term "specialty" with references to the term "population focus area"; (iii) replace references to the term "advanced practice nurse" with references to the term "advanced practice registered nurse"; and (iv) replace references to the term "authorization" with references to the term "licensure".
The Advanced Practice Nursing Advisory Committee
The Advanced Practice Nursing Advisory Committee (Committee) met on February 17, 2010, to review and discuss the educational requirements of Chapter 221 (relating to Advanced Practice Nurses). Members of the Committee expressed concern that the rule did not provide clear enough guidance regarding the completion of an advanced practice nursing program beyond a master's degree level. Members pointed out that the rule did not specifically address doctoral programs in nursing. Members felt that this omission could cause ambiguity or confusion regarding the manner in which the educational requirements of the rule could be satisfied. As a result, members recommended that the Board amend §221.1 and §221.3 to clarify that an applicant for advanced practice licensure could complete a doctoral program in nursing in order to satisfy the educational requirements of the rule.
The Committee also recommended replacing references to the term "specialty" in §221.1 and §221.3 with references to the term "population focus area" and replacing references to the term "advanced practice nurse" in §221.1 with references to the term "advanced practice registered nurse". These changes were recommended for consistency with the Advanced Practice Registered Nurse Model Act/Rules and Regulations and amendments previously made to Chapter 222 of this title (relating to Advanced Practice Registered Nurses with Prescriptive Authority). Finally, the Committee recommended replacing the term "authorization" in §221.3 with the term "licensure" for consistency with amendments previously made to §221.4 and §221.6.
The Educational Requirements of §221.1 and §221.3
The Committee's recommended clarifications to §221.1 and §221.3 are consistent with the Board's historic interpretation and application of the educational requirements for advanced practice licensure. The Board has required an applicant for advanced practice licensure to complete an advanced practice program of study at the master's degree level since January 1, 2003. This has been the Board's minimum educational standard for advanced practice licensure since that time. Because the completion of an advanced practice program of study at a level higher than a master's degree level, such as at a doctorate level, necessarily meets and, even exceeds, the minimum educational requirements of §221.1 and §221.3, the Board has consistently permitted the completion of such programs to satisfy the educational requirements of Chapter 221 since 2003.
Although the Board itself has not received any questions from the public regarding the educational requirements of §221.1 and §221.3, the Board has determined that it is appropriate to adopt amendments to these sections based upon the comments of the Committee, in order to clarify Board intent and meaning. The Board originally established the Committee to consider regulations that have an impact on advanced practice nursing and to provide comments and recommendations to the Board. As such, the Board considers the Committee's concerns and recommendations essential in monitoring the effectiveness of the Board's rules. The Board agrees with the Committee that the existing educational requirements in §221.1 and §221.3 should be clarified to address the completion of a post-master's certificate or doctoral degree program. As such, the Board is adopting amendments to §221.1(2) and §221.3(c)(4) and (d)(1) to clarify that the completion of a program of study at the master's degree or higher level (such as a post-master's certificate or doctoral degree program) may satisfy the educational requirements for advanced practice licensure. The Board has determined that clarifying the existing language of §221.1 and §221.3 will not alter the Board's historical interpretation or application of the educational requirements of these sections. Further, the adopted changes are designed to remove any ambiguity or confusion surrounding the application of the educational requirements of §221.1 and §221.3 and are not anticipated to result in a change in Board application or interpretation of these requirements in the future.
The Advanced Practice Registered Nurse Model Act/Rules and Regulations
The Advanced Practice Registered Nurse Model Act/Rules and Regulations (Regulations) were promulgated by the National Council of State Boards of Nursing (NCSBN) during its August, 2008, Delegate Assembly. NCSBN is comprised of 60 member boards and operates as the collective voice of nursing regulation in the United States and its territories. Collectively, NCSBN develops nursing examinations, monitors trends in nursing practice and education, promotes uniformity in the regulation of nursing, conducts research on nursing practice issues, provides opportunities for collaboration among its members and other nursing and health care organizations, and promulgates model rules and regulations. Because the Regulations were designed to promote a common understanding of the appropriate scope of practice for an APRN, the Board determined that it was important to amend its own rules to include a reference to the term "advanced practice registered nurse". As such, the Board amended Chapter 222 in the February 5, 2010, issue of the Texas Register (35 TexReg 866) to define the term "advanced practice registered nurse" and include its use throughout the chapter. The adopted definition of the term "advanced practice registered nurse" in Chapter 222 was designed to incorporate all of the substantive components of the term as set forth in the Regulations. The Regulations also included a definition of the term "population focus area". The Board amended Chapter 222 in the February 5, 2010, issue of the Texas Register (35 TexReg 866) to define the term "population focus area" and include its use throughout the chapter. The adopted definition of the term "population focus area" in Chapter 222 clarified the meaning of the term and was consistent with the definition of the term as set forth in the Regulations.
Chapters 221 and 222 contain the Board's advanced practice nursing requirements. The Board has determined that the terms used throughout these two chapters should be as consistent as possible, as such consistency promotes a better understanding of the Board's rules. The Board agrees with the Committee's recommendations that §221.1 and §221.3 should include the same terminology as Chapter 222, especially where the two chapters address similar issues. As a result, the Board is adopting amendments to §221.1(2) to: (i) replace references to the term "speciality" with references to the term "population focus area"; and (ii) to replace references to the term "advanced practice nurse" with references to the term "advanced practice registered nurse". Further, the Board is adopting amendments to §221.3(c) to replace references to the term "specialty" with references to the term "population focus area". These terms appear throughout Chapter 222. The adopted amendments are designed to provide necessary consistency between the two chapters.
Remaining Amendments
Finally, the Board is adopting amendments to §221.3(c) and (d) for consistency with changes previously made to §221.4 and §221.6 of this chapter in the November 14, 2008, issue of the Texas Register (33 TexReg 9237). At its October 2007 meeting, the Board charged the Committee with reviewing issues related to advanced practice nursing in preparation for implementation of the Advanced Practice Registered Nurse Compact (Compact), which is authorized under the Occupations Code Chapter 305. Specifically, the Board directed the Committee to examine and determine whether the Board's approval process for advanced practice registered nurses should be referred to as a "licensure" process. At the time of the Board's charge, the Board did not refer to its approval process for advanced practice registered nurses as a "licensure" process. Instead, the Board granted individuals "authorization" to practice as advanced practice registered nurses. Based upon the Committee's recommendations, the Board ultimately determined that it would begin to refer to its approval process for advanced practice registered nurses as a "licensure" process. This decision was consistent with at least 50% of other member boards of NCSBN who already referred to their approval processes for nurse anesthetists, nurse midwives, and nurse practitioners (advanced practice registered nurses) as a licensure process. Nearly 40% of these boards also issued licenses to clinical nurse specialists (advanced practice registered nurses). Further, the Board's determination did not alter any substantive aspect of the Board's existing approval process at that time. The amendments to §221.4 and §221.6 that were adopted by the Board in November, 2008, included a change in terminology from "authorization" to "licensure" to reflect the Board's decision. In an effort to further ensure consistency between Chapters 221 and 222, the Board is now adopting amendments to §221.3(c) and (d) to replace references to the term "authorization" with references to the term "licensure".
HOW THE SECTIONS WILL FUNCTION.
Adopted §221.1(2) defines an advanced educational program as a post-basic advanced practice nurse program at the certificate, master's degree, or higher level. Further, adopted §221.1(2) states that, beginning January 1, 2003, a minimum of a master's degree in the advanced practice role and population focus area will be required for recognition as an Advanced Practice Registered Nurse.
Adopted §221.1(5) updates the definition of the Texas Board of Nursing.
Adopted §221.3(c) states that applicants for licensure to practice in an advanced practice role and population focus area recognized by the Board must submit verification of completion of all requirements of an advanced educational program that meets the following criteria: (i) advanced educational programs in the State of Texas shall be approved by the Board or accredited by a national accrediting body recognized by the Board; (ii) programs in states other than Texas shall be accredited by a national accrediting body recognized by the Board or by the appropriate licensing body in that state. A state licensing body's accreditation process must meet or exceed the requirements of accrediting bodies specified in Board policy; (iii) programs of study shall be at least one academic year in length and shall include a formal preceptorship; (iv) beginning January 1, 2003, the program of study shall be at the master's degree or higher level; and (v) applicants prepared in more than one advanced practice role and/or specialty shall demonstrate that all curricular requirements set forth in §221.3(c) have been met for each role and/or specialty.
Adopted §221.3(d) states that applicants for licensure as clinical nurse specialists must submit verification of the following requirements in addition to those specified in §221.3(c): completion of a master's degree or higher level in the discipline of nursing and completion of a minimum of nine semester credit hours or the equivalent in a specific clinical major. Further, clinical major courses must include didactic content and offer clinical experiences in a specific clinical specialty/practice area.
SUMMARY OF COMMENTS AND AGENCY RESPONSE. The Board did not receive any comments on the proposal.
STATUTORY AUTHORITY. The amendments are adopted under the Occupations Code §301.152(a) and (b) and §301.151. Section 301.152(a) defines the term "advanced practice nurse" as a registered nurse approved by the Board to practice as an advanced practice nurse on the basis of completion of an advanced educational program. The term includes a nurse practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist. The term is also synonymous with "advanced nurse practitioner." Section 301.152(b) authorizes the Board to adopt rule to establish: (i) any specialized education or training, including pharmacology, that a registered nurse must have to carry out a prescription drug order under the Occupations Code §157.052 and a system for assigning an identification number to a registered nurse who provides the Board with evidence of completing the specialized education and training requirement under §301.152(b)(1)(A); (ii) approve a registered nurse as an advanced practice nurse; and (iii) initially approve and biennially renew an advanced practice nurse's authority to carry out or sign a prescription drug order under the Occupations Code Chapter 157. Section 301.151 authorizes the Board to adopt and enforce rules consistent with Chapter 301 and necessary to: (i) perform its duties and conduct proceedings before the Board; (ii) regulate the practice of professional nursing and vocational nursing; (iii) establish standards of professional conduct for license holders Chapter 301; and (iv) determine whether an act constitutes the practice of professional nursing or vocational nursing.
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 June 9, 2010.
TRD-201003255
Jena Abel
Assistant General Counsel
Texas Board of Nursing
Effective date: June 29, 2010
Proposal publication date: May 7, 2010
For further information, please call: (512) 305-6822