Texas Register, Volume 34, Number 48, Pages 8423-8580, November 27, 2009 Page: 8,437
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become obsolete and to streamline the process of license re-
O.C. "Chet" Robbins, Executive Director, has determined that for
the first five-year period the amendment is in effect, there will be
no fiscal implication for state or local governments as a result of
enforcing or administering the proposed amendment.
Mr. Robbins further has determined that for each year of the
first five-year period the amendment is in effect, the public ben-
efit anticipated as a result of enforcing the amendment will be
increased efficiency in the handling of the licensing of crematory
establishments. Mr. Robbins also has determined that there will
be no effect on large, small or micro-businesses, that there is no
anticipated economic costs to persons who are required to com-
ply with the amendment as proposed and that there will be no
impact on local employment or economies.
Comments on the proposal may be submitted to Mr. Rob-
bins at P.O. Box 12217, Capitol Station, Austin, Texas
78711-1440, (512) 479-5064 (fax), or electronically to chet.rob-
The amendment is proposed under Texas Occupations Code,
651.152. The commission interprets 651.152 as authorizing it
to adopt rules as necessary to administer Chapter 651.
No other statutes, articles, or codes are affected by the proposal.
205.3. Crematory License Requirement and Procedure.
(a) - (b) (No change.)
f(c) The establishment shall submit the licensing fee after it
ha& passed inspection The amount ofi the l sing and re f
are posted on the commission's website at www.tfsc.state.tx.us.]
(c) [()] A license is for one year.
(d) [e)] The license may be renewed by filing with the com-
mission a renewal application accompanied by the renewal fee and
the Crematory Annual Report required by Texas Occupations Code,
651.658(a)(1) and 205.9 of this chapter (relating to Crematory An-
nual Report, Extensions for Good Cause, and Late Fees).
(e) [(4] The renewal application must contain the information
required by Texas Occupations Code, 651.657 and subsection (a) of
this section or a statement that the information previously furnished has
(f) [()] The commission may not renew an application until
the applicant has met the requirements of Texas Occupations Code,
(g) [()] A crematory that fails to renew its license by its re-
newal date shall pay, in addition to the renewal fee, a late payment
penalty equal in amount to the renewal fee.
(h) [(i] The license that is not renewed within 30 days of its
expiration date may [not] be renewed by paying the renewal fee and
late payment penalty. [In this circumstance a new license is require.]
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on November 10,
Texas Funeral Service Commission
Earliest possible date of adoption: December 27, 2009
For further information, please call: (512) 936-2466
PART 11. TEXAS BOARD OF NURSING
CHAPTER 222. ADVANCED PRACTICE
REGISTERED NURSES WITH PRESCRIPTIVE
22 TAC 222.1 - 222.12
INTRODUCTION. The Texas Board of Nursing (Board) pro-
poses amendments to Chapter 222, 222.1 - 222.12, con-
cerning Advanced Practice Nurses With Prescriptive Authority.
These amendments are proposed under the Occupations
Code 301.151 and 301.152 and are necessary to: (i) clarify
changes made to the Medical Practice Act by Senate Bill (SB)
532, enacted by the 81st Legislature, Regular Session, effective
September 1, 2009, which amends the Occupations Code
Chapter 157; and (ii) provide guidance to advanced practice
registered nurses (APRNs) who exercise prescriptive authority
in this state. Specifically, the proposed amendments: (i) amend
and add new definitions to Chapter 222; (ii) eliminate references
to "provisional authorization" throughout Chapter 222; (iii) clarify
the content requirements of a Clinical Nurse Specialist's course
work; (iv) clarify the content requirements of a prescription for
a controlled substance; (v) clarify the circumstances under
which an APRN may issue a prescription for the partner of an
established patient; (vi) clarify the limitations associated with
prescribing "off label" medications; and (vii) update outdated
references and correct grammatical and typographical errors.
The proposed amendments were considered at the July 30,
2009, and September 23, 2009, meetings of the Advanced
Practice Nursing Advisory Committee (Committee). The Com-
mittee reviewed SB 532 and considered its impact on the
prescriptive authority of APRNs in this state. The Committee
also considered issues associated with prescribing medications
for the treatment of sexually transmitted infections for the part-
ners of established patients. Further, the Committee considered
limitations associated with writing "off label" prescriptions. Fol-
lowing its discussions, the Committee approved the proposed
amendments and recommended their adoption to the Board.
At the October 2009, Board meeting, the Board approved the
proposed amendments to Chapter 222.
SB 532, enacted by the 81st Legislature, Regular Session, effec-
tive September 1, 2009, amends portions of the Medical Practice
Act relating to a physician's delegation of prescriptive authority.
These amendments directly impact the prescriptive authority of
APRNs in this state. The proposed amendments to Chapter 222
are necessary (i) to clarify the provisions of SB 532 that affect
the prescriptive authority of APRNs and (ii) for consistency with
the provisions of SB 532.
Prior to the enactment of SB 532, a physician was not able to
delegate the carrying out or signing of a prescriptive drug order
for a controlled substance if the prescription period exceeded 30
days. Further, it was unclear as to whether a refill of the pre-
PROPOSED RULES November 27, 2009
34 TexReg 8437
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Texas. Secretary of State. Texas Register, Volume 34, Number 48, Pages 8423-8580, November 27, 2009, periodical, November 27, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90880/m1/14/: accessed March 19, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.