TITLE 22. EXAMINING BOARDS

PART 11. TEXAS BOARD OF NURSING

CHAPTER 223. FEES

22 TAC §223.1

Introduction. The Texas Board of Nursing (Board) adopts amendments to §223.1, concerning Fees. The amendments are adopted without changes to the proposed text published in the July 14, 2017, issue of the Texas Register (42 TexReg 3534) and will not be republished.

Reasoned Justification. The amendments are adopted under the authority of the Occupations Code §301.151 and §301.155 and the Health and Safety Code §105.011 and are necessary to comply with the statutory requirements of Senate Bill (SB) 1 (the General Appropriations Act for the years ending August 31, 2018, and August 31, 2019); House Bill (HB) 280; and HB 2950, all enacted during the 85th legislative session.

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 adopting amendments related to its licensure renewal fees for registered nurses (RNs) and licensed vocational nurses (LVNs).

The adopted 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 adopted 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.

How the Section Will Function. Adopted amended §223.1(a)(3)(A) sets the licensure renewal fee for registered nurses at $65 each biennium. Adopted amended §223.1(a)(3)(B) sets the licensure renewal fee for licensed vocational nurses at $42 each biennium.

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 §301.151 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 §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 §301.155 of the Occupations Code to fund the grants authorized by this section.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 24, 2017.

TRD-201703312

Jena Abel

Deputy General Counsel

Texas Board of Nursing

Effective date: September 13, 2017

Proposal publication date: July 14, 2017

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


PART 14. TEXAS OPTOMETRY BOARD

CHAPTER 271. EXAMINATIONS

22 TAC §271.2

The Texas Optometry Board adopts amendments to §271.2 of Chapter 271, Title 22, without changes to the proposed text as published in the June 23, 2017, issue of the Texas Register (42 TexReg 3224).

The amendments implement changes to Texas Optometry Act §351.254(a) and §351.2526, and insure compliance with federal law.

No comments were received.

The amendments are adopted under the Texas Optometry Act, Texas Occupations Code, §351.151, and Senate Bill 314, 85th Legislature, Regular Session. No other sections are affected by the amendments.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. The agency interprets Senate Bill 314, 85th Legislature, Regular Session, as amending the Optometry Act to remove certain application requirements and require accessing information in a national databank.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2017.

TRD-201703268

Chris Kloeris

Executive Director

Texas Optometry Board

Effective date: September 11, 2017

Proposal publication date: June 23, 2017

For further information, please call: (512) 305-8500


CHAPTER 273. GENERAL RULES

22 TAC §273.8

The Texas Optometry Board adopts amendments to §273.8 of Chapter 273, Title 22, without changes to the proposed text published in the June 23, 2017, issue of the Texas Register (42 TexReg 3225).

The amendments implement changes to Texas Optometry Act §351.3045 and clarify notice requirements for license renewal.

No comments were received.

The amendments are adopted under the Texas Optometry Act, Texas Occupations Code, §351.151 and §351.303, and Senate Bill 314, 85th Legislature, Regular Session. No other sections are affected by the amendments.

The Texas Optometry Board interprets §351.151 as authorizing the adoption of procedural and substantive rules for the regulation of the optometric profession. Section 351.303 requires notice of license expiration. The agency interprets Senate Bill 314, 85th Legislature, Regular Session as amending the Optometry Act to require all licensees to submit a fingerprint complete criminal history report.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on August 22, 2017.

TRD-201703269

Chris Kloeris

Executive Director

Texas Optometry Board

Effective date: September 11, 2017

Proposal publication date: June 23, 2017

For further information, please call: (512) 305-8500