Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012 Page: 66
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engage in the requested conduct, but the determination is not
binding if a nurse administrator believes in good faith that the
peer review committee has incorrectly determined a nurse's duty.
Further, 303.005 does not affect the protections provided by
303.005(c)(1) or 301.352.
Section 303.005(e) states that if the conduct for which the peer
review is requested under 303.005(b) involves the medical rea-
sonableness of a physician's order, the medical staff or medical
director shall be requested to make a determination as to the
medical reasonableness of the physician's order, and that deter-
mination is determinative of that issue.
Section 303.005(f) provides that a nurse's rights under 303.005
may not be nullified by a contract.
Section 303.005(g) states that an appropriate licensing agency
may take action against a person who violates 303.005.
Section 301.151 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.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on December 20,
Assistant General Counsel
Texas Board of Nursing
Effective date: January 9, 2012
Proposal publication date: November 18, 2011
For further information, please call: (512) 305-6822
22 TAC 217.22
Introduction. The Texas Board of Nursing (Board) adopts new
217.22, relating to Special Accommodations, without changes
to the proposed text as published in the November 18, 2011,
issue of the Texas Register (36 TexReg 7755) and will not be
Reasoned Justification. This section is adopted under the au-
thority of the Occupations Code 54.003 and 301.151 and is
necessary to implement the requirements of Senate Bill (SB)
867, enacted by the 82nd Legislature, Regular Session, effec-
tive September 1, 2011.
For each licensing examination administered by a state agency,
SB 867 requires the agency to provide reasonable examination
accommodations to examinees who have been diagnosed as
having dyslexia. SB 867 further requires the agency to adopt
rules establishing the eligibility criteria an examinee must meet
in order to receive examination accommodations.
The Board's current procedures already allow an individual with
a documented disability, including dyslexia, to request reason-
able examination accommodations. However, these procedures
have not been formalized in Board rule. In compliance with the
mandates of SB 867, the adopted new section formalizes the
Board's existing examination accommodation procedures in rule
and specifies the criteria that an individual must meet in order to
receive examination accommodations, including those individu-
als that have been diagnosed with dyslexia.
Under the adopted new section, an individual seeking examina-
tion accommodations must submit several pieces of documen-
tation to the Board. First, the individual must submit a Special
Accommodations Request Form to the Board. This form cap-
tures several necessary pieces of information about the individ-
ual, such as the individual's name and address; the individual's
expected date of graduation; the approximate test date preferred
by the individual; a description of the individual's disability; the
specific testing accommodations sought by the individual; and a
description of the testing accommodations that have been pro-
vided to the individual in the past. This information allows the
Board to process the individual's request and to determine the
type of testing accommodations that may be necessary for the
Second, the individual must submit a Professional Documenta-
tion of Disability Form (Disability Form) to the Board. In order
to be eligible for examination accommodations, an individual's
disability must be documented by one of the following health-
care providers: (i) for physical or mental disabilities other than
learning disabilities, a licensed physician or psychologist with
expertise in the area of the disability; (ii) for learning disabili-
ties, a licensed psychologist or psychiatrist who has experience
working with adults with learning disabilities; or (iii) for learn-
ing disabilities, a professional with a master's or doctorate de-
gree in special education, education, psychology, educational
psychology, or rehabilitation counseling who has training and
experience in assessing intellectual ability level and interpret-
ing tests of such ability; screening for cultural, emotional, and
motivational factors; assessing achievement level; and admin-
istering tests to measure attention and concentration, memory,
language reception and expression, cognition, reading, spelling,
writing, and mathematics. The provider completing the Disabil-
ity Form must also include a specific diagnosis of the individual's
disability; a description of the nature, history, and extent of the
individual's disability; and the provider's specific recommenda-
tions for examination accommodations for the individual. Fur-
ther, the information must be completed within the three years
immediately preceding the individual's accommodation request.
These adopted requirements are necessary to: (i) ensure that
the individual has been properly diagnosed with a verifiable dis-
ability, by a provider who is appropriately qualified through ex-
perience, education, and expertise to accurately diagnose dis-
abilities and make recommendations about examination accom-
modations; (ii) determine the specific examination accommoda-
tions that may be necessary for the individual; and (iii) ensure
that the information received by the Board is current and that the
accommodations requested by the individual are necessary and
Third, the individual must submit a completed Consent to Re-
lease Information Form to the Board. This form permits the in-
dividual's provider to release information about the individual's
disability to the Board, in conjunction with the Board's review of
the individual's request for examination accommodations.
Finally, the individual must submit a Nursing Program Verifica-
tion Form (Verification Form) to the Board. The Verification Form
must be completed by the dean or director of the nursing edu-
cation program the individual attended. Further, the dean or di-
37 TexReg 66 January 6, 2012
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Texas. Secretary of State. Texas Register, Volume 37, Number 1, Pages 1-84, January 6, 2012, periodical, January 6, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth215965/m1/65/: accessed April 28, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.