TITLE 22. EXAMINING BOARDS

PART 11. TEXAS BOARD OF NURSING

CHAPTER 223. FEES

22 TAC §223.1

Introduction. The Texas Board of Nursing (Board) proposes amendments to §223.1, concerning Fees. The amendments are proposed under the authority of the Occupations Code §301.151 and §301.155 and the Health and Safety Code §105.011.

During the 85th legislative session, the Texas Legislature enacted Senate Bill (SB) 1 (the General Appropriations Act) for the years ending August 31, 2108, and August 31, 2019; House Bill (HB) 280; and HB 2950. The proposed amendments are necessary to comply with these statutory requirements.

SB 1 includes a contingency revenue rider, which requires the Board to raise an additional $759,439 to fund nursing salary adjustments, increased funding for the Board's peer assistance program, and legal costs. Additionally, the Board estimates an additional $667,000 will be needed to fund the requirements of HB 280. HB 280 creates a grant program to fund innovative approaches to reducing verbal and physical workplace violence against nurses. The Board also estimates an additional $50,050 will be needed to meet the budgetary implications of HB 2950. HB 2950 requires the removal of certain disciplinary actions from its website. The Board estimates it must raise $1,476,489 to meet these requirements of SB 1, HB 280, and HB 2950. In order to meet these requirements, the Board is proposing amendments to its licensure renewal fees for registered nurses (RNs) and licensed vocational nurses (LVNs).

The proposed amendments will increase the renewal fee for licensed vocational nurses by $2 per biennium, resulting in a new renewal fee of $42 for licensed vocational nurses. The proposed amendments will also increase the renewal fee for registered nurses by $5 per biennium, resulting in a new renewal fee of $65 for registered nurses. The Board anticipates a total generated revenue amount of $1,700,000 as a result of these increased fees, which should be sufficient to meet the budgetary requirements of SB 1, HB 280, and HB 2950.

Section by Section Overview. Proposed amended §223.1(a)(3)(A) sets the licensure renewal fee for registered nurses at $65 each biennium. Proposed amended §223.1(a)(3)(B) sets the licensure renewal fee for licensed vocational nurses at $42 each biennium.

Fiscal Note. Katherine Thomas, Executive Director, has determined that for each year of the first five years the proposed amendments will be in effect, there will be an approximate estimated $1,700,000 total annual increase in revenue to state government. This estimate is based on the following factors. The proposed amendments will increase the renewal fee for registered nurses from $60 to $65. Further, the proposed amendments will increase the renewal fee for licensed vocational nurses from $40 to $42. Based upon a biennial renewal, the Board estimates that 150,000 registered nurses will renew their licenses per fiscal year, from 2018 through 2022. Based upon a biennial renewal, the Board estimates that 50,000 licensed vocational nurses will renew their licenses, per fiscal year, from 2018 through 2022. These estimates will result in an approximate $1,700,000 annual increase in revenue to state government. The Board does not anticipate an effect on local government.

Public Benefit/Cost Note. Ms. Thomas has also determined that for each year of the first five years the proposed amendment are in effect, the anticipated public benefit will be the generation of revenue sufficient to meet the budgetary requirements of SB 1 and the availability of resources to fund the requirements HB 280 and HB 2950.

Potential Costs for Persons Required to Comply with the Proposal. The proposed amendments will impact registered nurses and licensed vocational nurses who renew their licenses during the next biennium. Currently, the cost to renew a registered nurse license is set at $60 per biennium. The cost to renew a licensed vocational nurse license is set at $40 per biennium. The proposed amendments will increase these fees by $5 and $ 2, respectively, each biennium. Thus, instead of paying $60, a registered nurse will be required to pay $65 to renew his/her license each biennium, for an increase of $5 each renewal cycle (every two years). Likewise, a licensed vocational nurse will be required to pay $42 to renew his/her license each biennium, for an increase of $2 each renewal cycle (every two years). These proposed cost increases are the result of the legislative enactment of SB 1, HB 280, and HB 2950.

Economic Impact Statement and Regulatory Flexibility Analysis for Small and Micro Businesses. The Government Code §2006.002(c) and (f) require that if a proposed rule may have an economic impact on small businesses or micro businesses, state agencies must prepare, as part of the rulemaking process, an economic impact statement that assesses the potential impact of the proposed rule on these businesses and a regulatory flexibility analysis that considers alternative methods of achieving the purpose of the rule. The Government Code §2006.001(1) defines a micro business as a legal entity, including a corporation, partnership, or sole proprietorship that: (i) is formed for the purpose of making a profit; (ii) is independently owned and operated; and (iii) has not more than 20 employees. The Government Code §2006.001(2) defines a small business as a legal entity, including a corporation, partnership, or sole proprietorship, that: (i) is formed for the purpose of making a profit; (ii) is independently owned and operated; and (iii) has fewer than 100 employees or less than $6 million in annual gross receipts. Each of the elements in §2006.001(1) and (2) must be met in order for an entity to qualify as a micro business or small business.

Only individual nurses are subject to the proposed amendments. Because individual nurses do not meet the statutory definitions of a small or micro business under the Government Code §2006.001(1) or (2), the Board is not required to prepare a regulatory flexibility analysis under this section.

Takings Impact Assessment. The Board has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Request for Public Comment. To be considered, written comments on the proposal or any request for a public hearing must be submitted no later than 5:00 p.m. on Monday, August 14, 2017, to Mark Majek, Director of Operations, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, or by e-mail to mark.majek@bon.texas.gov, or faxed to (512) 305-8101. An additional copy of the comments on the proposal or any request for a public hearing must be simultaneously submitted to James W. Johnston, General Counsel, Texas Board of Nursing, 333 Guadalupe, Suite 3-460, Austin, Texas 78701, or by e-mail to dusty.johnston@bon.texas.gov, or faxed to (512) 305-8101. If a hearing is held, written and oral comments presented at the hearing will be considered.

Statutory Authority. The amendments are proposed under the Occupations Code §301.151 and §301.155 and the Health and Safety Code §105.011.

Section 301.151 of the Occupations Code 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.

Section 301.155(a) of the Occupations Code provides that the Board by rule shall establish fees in amounts reasonable and necessary to cover the costs of administering Chapter 301.

Section 105.011 of the Health and Safety Code provides that, to the extent funding is available, the nursing resource section established under Section 105.002 shall administer a grant program to fund innovative approaches for reducing verbal and physical violence against nurses in hospitals, freestanding emergency medical care facilities, nursing facilities, and home health agencies.

Section 105.011(f) provides that the nursing resource section may use money transferred to the department from the Texas Board of Nursing under Section 301.155 of the Occupations Code to fund the grants authorized by this section.

Cross Reference To Statute. The Occupations Code §301.151 and §301.155 and the Health and Safety Code §105.011 are affected by this proposal.

§223.1.Fees.

(a) The Texas Board of Nursing has established reasonable and necessary fees for the administration of its functions.

(1) - (2) (No change.)

(3) Licensure renewal (each biennium):

(A) Registered Nurse (RN): $65 [$60];

(B) Licensed Vocational Nurse (LVN): $42 [$40];

(4) - (21) (No Change.)

(b) (No change.)

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 29, 2017.

TRD-201702503

Jena Abel

Deputy General Counsel

Texas Board of Nursing

Earliest possible date of adoption: August 13, 2017

For further information, please call: (512) 305-6822


PART 21. TEXAS STATE BOARD OF EXAMINERS OF PSYCHOLOGISTS

CHAPTER 463. APPLICATIONS AND EXAMINATIONS

22 TAC §463.5

The Texas State Board of Examiners of Psychologists proposes an amendment to §463.5, Application File Requirements. The proposed amendment is being offered to align the rule with recommendation 3.8 in the Sunset Staff report.

FISCAL NOTE. Darrel D. Spinks, Executive Director of the Board, has determined that for the first five-year period the proposed amendment is in effect, there will be no additional estimated cost, reduction in costs, or loss or increase in revenue to the state or local governments as a result of enforcing or administering the rule as amended. Additionally, Mr. Spinks has determined that enforcing or administering the rule as amended, does not have foreseeable implications relating to the costs or revenues of state or local government.

PUBLIC BENEFIT. Mr. Spinks has determined for the first five-year period the proposed amendment is in effect, the public benefit anticipated as a result of enforcing the rule will be to help the Board protect the public.

PROBABLE ECONOMIC COSTS. Mr. Spinks has determined for the first five-year period the proposed amendment is in effect, the amended rule will not carry a economic cost to small businesses or local economies.

SMALL BUSINESS AND MICRO-BUSINESS IMPACT ANALYSIS. The proposed amendment will not have an adverse effect on small or micro-businesses.

LOCAL EMPLOYMENT IMPACT STATEMENT. The proposed amendment will not affect a local economy, thus a local employment impact statement is not required.

Comments on the proposed amendment may be submitted to Brenda Skiff, Public Information Officer, Texas State Board of Examiners of Psychologists, 333 Guadalupe, Ste. 2-450, Austin, Texas 78701, within 30 days of publication of this proposal in the Texas Register. Comments may also be submitted via fax to (512) 305-7701, or via email to Open.Records@tsbep.texas.gov.

The Board specifically invites comments from the public on the issues of whether or not the proposed amendment will have an adverse economic effect on small businesses; if the proposed rule is believed to have an adverse effect on small businesses, estimate the number of small businesses believed to be impacted by the rule, describe and estimate the economic impact of the rule on small businesses, offer alternative methods of achieving the purpose of the rule; then explain how the Board may legally and feasibly reduce that adverse effect on small businesses considering the purpose of the statute under which the proposed rule is to be adopted, finally describe how the health, safety, environmental and economic welfare of the state will be impacted by the various proposed methods. See Section 2006.002(c) and (c-1) of the Texas Government Code.

STATUTORY AUTHORITY. The amendment is proposed under Texas Occupations Code, Title 3, Subtitle I, Chapter 501, which provides the Texas State Board of Examiners of Psychologists with the authority to make all rules, not inconsistent with the Constitution and Laws of this State, which are reasonably necessary for the proper performance of its duties and regulations of proceedings before it.

No other code, articles or statutes are affected by this section.

§463.5.Application File Requirements.

To be complete, an application file must contain whatever information or examination results the Board requires. Unless specifically stated otherwise by Board rule, all applications for licensure by the Board must contain:

(1) An application and required fee(s);

(2) Official transcripts indicating the date the degree required for licensure was awarded or conferred. Transcripts must be sent directly to the Board's office from all colleges/universities where post-baccalaureate course work was completed;

(3) Documentation that applicant has complied with Board Rule §463.14 of this title (relating to Written Examinations);

(4) A criminal history record check of the applicant from the Texas Department of Public Safety and the Federal Bureau of Investigation; and

(5) Supportive documentation and other materials the Board may deem necessary, including current employment arrangements and the name of all jurisdictions where the applicant currently holds a certificate or license to practice psychology.[; and]

[(6) A written explanation and/or meeting with the Board or a committee of the Board, prior to final approval, if the application file contains any negative reference letters.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on June 28, 2017.

TRD-201702493

Darrel D. Spinks

Executive Director

Texas State Board of Examiners of Psychologists

Earliest possible date of adoption: August 13, 2017

For further information, please call: (512) 305-7700