Texas Register, Volume 35, Number 27, Pages 5625-5980, July 2, 2010 Page: 5,832
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O. C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: July 8, 2010
Proposal publication date: January 8, 2010
For further information, please call: (512) 936-2469
22 TAC 203.42
The Texas Funeral Service Commission (commission) adopts
new 203.42, concerning New License Applications, without
changes to the proposed text as published in the April 9, 2010,
issue of the Texas Register (35 TexReg 2834) and will not be
republished.
The new rule is adopted in accordance with Subchapter D, Chap-
ter 53 of Occupations Code, no later than September 1, 2010.
The commission received no comments on the proposed new
section.
The new section is adopted under Texas Occupations Code
651.152. The commission interprets 651.152 as authorizing
it to adopt rules as necessary to administer Chapter 651.
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 18, 2010.
TRD-201003475
O. C. "Chet" Robbins
Executive Director
Texas Funeral Service Commission
Effective date: July 8, 2010
Proposal publication date: April 9, 2010
For further information, please call: (512) 936-2469
PART 11. TEXAS BOARD OF NURSING
CHAPTER 223. FEES
22 TAC 223.1
INTRODUCTION. The Texas Board of Nursing (Board) adopts
an amendment to 223.1 (relating to Fees) without changes to
the proposed text published in the May 14, 2010, issue of the
Texas Register (35 TexReg 3755).
REASONED JUSTIFICATION. The amendment is adopted
under the Occupations Code 301.155(a), 301.157(b), and
301.151 and is necessary to increase the required filing fee for
the approval of a new nursing education program from $500
to $2,500. Currently, the required filing fee for the approval
of a new nursing education program is $500. This fee was
established in 2005, following the merger of the Board of Nurse
Examiners and the Board of Vocational Nurse Examiners. Since
that time, the Board has continued to receive an increasing
number of new nursing education program proposals each year.
Despite the increase in proposal submissions, the Board has
not increased the filing fee for the approval of a new nursing
education program since 2005. However, due to the continuing
influx of new nursing education program proposals, the Board
has now determined that the filing fee associated with the ap-proval of a new nursing education program must be increased
in order for the Board to be able to review and approve the
proposals in an effective and efficient manner.
Historical Perspective
In 2005, the Board received four new nursing education program
proposals. In 2006, the Board received six new nursing educa-
tion program proposals. In 2007, the Board received nine new
nursing education program proposals. In 2008, the Board re-
ceived eight new nursing education program proposals. In 2009,
however, the Board received 14 new nursing education program
proposals. The Board has received one new nursing education
program proposal thus far in 2010 and 15 letters of intent for
additional new nursing education program proposals to be sub-
mitted to the Board by the end of this year.
The overwhelming increase in the number of new nursing edu-
cation program proposals has greatly impacted existing Board
resources. Although the number of Board staff dedicated to re-
viewing new nursing education program proposals has not sig-
nificantly increased since 2005, the responsibilities and duties
associated with reviewing the proposals has. Each new nurs-
ing education program proposal must undergo a rigorous review
process. Once a new nursing education program proposal is
submitted to the Board, the proposal is assigned to a staff mem-
ber who is responsible for reviewing the proposal. The Board
estimates that one staff member spends a minimum of 75 - 90
hours reviewing a single new nursing education program pro-
posal. This estimate includes only those new nursing educa-
tion program proposals that are substantially complete upon their
submission to the Board. Often, staff members will receive new
nursing education program proposals that are incomplete or con-
tain inadequate data or information to support Board approval. In
these situations, staff members must spend considerably more
than 75 - 90 hours reviewing these proposals. For each new
nursing education program proposal submitted to the Board, a
staff member must: (i) review the proposal to determine if it com-
plies with the requirements of the Nursing Practice Act (the Oc-
cupations Code Chapter 301) and the Board's rules; (ii) draft a
formal review of the proposal; (iii) consult with the program to
discuss any deficiencies in the proposal; (iv) review all revisions
to the proposal that are submitted by the program (a minimum of
two revisions are usually required); and (v) develop and present
information to the Board for its review and consideration. Addi-
tionally, a staff member must conduct at least one on-site survey
visit of a program's facilities. If serious deficiencies are noted by
the staff member on the initial survey visit, additional on-site sur-
vey visits may be required. The Board estimates that the aver-
age length of an on-site survey visit is approximately 1.22 days
and that the average cost of an on-site survey visit is approx-
imately $520.23. This estimate is based upon an average of
on-site survey visit costs reported by staff members from 2005
- 2009 and includes costs for staff members' lodging, meals,
and airfare and mileage reimbursement. In addition to review-
ing new nursing education program proposals, staff members re-
main responsible for monitoring all approved nursing education
programs operating in Texas, conducting on-site survey visits of
these facilities, and fulfilling their other daily duties and respon-
sibilities.
The continuing increase in the number of new nursing education
program proposals has required staff members to significantly
prioritize and divide their energies and resources among their
various duties and responsibilities. The duties and responsibil-
ities associated with the review of new nursing education pro-35 TexReg 5832 July 2, 2010
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Texas. Secretary of State. Texas Register, Volume 35, Number 27, Pages 5625-5980, July 2, 2010, periodical, July 2, 2010; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth101194/m1/204/?rotate=90: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.