Texas Register, Volume 35, Number 26, Pages 5395-5624, June 25, 2010 Page: 5,561

                                
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

PART 9. TEXAS MEDICAL BOARD
CHAPTER 164.       PHYSICIAN ADVERTISING
22 TAC 164.6
The Texas Medical Board (Board) adopts new 164.6, concern-
ing 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 Occu-
pations 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
PART 11. TEXAS BOARD OF NURSING
CHAPTER 221. ADVANCED PRACTICE
NURSES
22 TAC 221.1, 221.3
INTRODUCTION. The Texas Board of Nursing (Board) adopts
amendments to 221.1 (relating to Definitions) and 221.3 (re-
lating to Education) without changes to the proposed text pub-
lished 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 sec-
tions and enhance consistency among Board rules related to ad-
vanced 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 refer-
ences 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 (Commit-
tee) met on February 17, 2010, to review and discuss the educa-
tional requirements of Chapter 221 (relating to Advanced Prac-
tice 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 regard-
ing 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 "ad-
vanced practice nurse" in 221.1 with references to the term "ad-
vanced practice registered nurse". These changes were recom-
mended for consistency with the Advanced Practice Registered
Nurse Model Act/Rules and Regulations and amendments pre-
viously 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 amend-
ments 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 regula-
tions 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 recommen-
dations essential in monitoring the effectiveness of the Board's

ADOPTED RULES      June 25, 2010  35 TexReg 5561