Texas Register, Volume 34, Number 49, Pages 8581-8902, December 4, 2009 Page: 8,628
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An educator preparation program requesting approval and continuation
of accreditation status shall pay the applicable fee from the following
(1) New educator preparation program application (nonre-
fundable; includes pre-approval visit)--$1,000.
(2) New educator preparation program approval (includes
(3) Ten-year reapplication for an educator preparation pro-
gram approved after August 31,2008 (includes approval visit)--$2,000.
(4) Five-year continuing approval visit pursuant to
228.10(c) of this title (relating to Approval Process)--$1,500.
(5) Monitoring or technical assistance visit--$1,500.
(6) Addition of new certification field or addition of clinical
(7) Addition of each new class of certificate--$ 1,000.
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 23,
Associate Commissioner, Educator Quality and Standards, Texas
State Board for Educator Certification
Earliest possible date of adoption: January 3, 2010
For further information, please call: (512) 475-1497
TITLE 22. EXAMINING BOARDS
TEXAS BOARD OF NURSING
CHAPTER 213. PRACTICE AND PROCEDURE
22 TAC 213.33
INTRODUCTION. The Texas Board of Nursing (Board) pro-
poses amendments to 213.33, concerning Factors Considered
for Imposition of Penalties/Sanctions and/or Fines. The amend-
ments are proposed under the Occupations Code 301.452,
301.4521, 301.453, 301.4531, 301.454(d), 301.455(a) and (b),
301.4551, 301.461, 301.462, 301.467, 301.468(a), 301.501,
301.502, and 301.151 and are necessary to: (i) implement
House Bill (HB) 3961, enacted by the 81st Legislature, Regular
Session, effective June 19, 2009, which adds new 301.4521
to the Occupations Code Chapter 301; and (ii) adopt the
Disciplinary Matrix (Matrix), which is used in the resolution of
eligibility and disciplinary matters before the Board, in rule.
The Board proposed amendments to 213.33 in the Septem-
ber 11, 2009, issue of the Texas Register (34 TexReg 6255).
Based upon comments received, the Board determined that it
would reconsider the amendments to 213.33 in a separate rule-
making action in lieu of adopting the amendments as proposed.
The Board withdrew the proposed amendments to 213.33 in
the November 6, 2009, issue of the Texas Register (34 TexReg
The Board is re-proposing amendments to 213.33 in this pro-
posal to address physical and psychological evaluations under
the Occupations Code 301.4521, to adopt the Matrix in rule,
and to re-designate the subsections of 213.33 for consistency
and cohesiveness within the section.
The Occupations Code 301.4521
HB 3961 adds new 301.4521 to Chapter 301, which authorizes
the Board to: (i) require an individual to submit to a physical
or psychological evaluation if the Board has probable cause to
believe that the individual is unable to practice nursing safely
due to physical impairment, mental impairment, chemical depen-
dency, or abuse of drugs or alcohol; and (ii) request an individual
to submit to a physical or psychological evaluation if the Board
believes that the individual is unable to practice nursing safely
for a reason other than physical impairment, mental impairment,
chemical dependency, or abuse of drugs or alcohol. If the Board
requires an individual to submit to an evaluation due to physical
impairment, mental impairment, chemical dependency, or abuse
of drugs or alcohol, new 301.4521 requires the Board to sub-
mit its request in writing. Further, new 301.4521 requires the
Board to describe its reasons for requiring the evaluation and to
inform an individual that refusal to submit to the evaluation will
result in an administrative hearing at the State Office of Admin-
istrative Hearings (SOAH) to determine whether probable cause
for the evaluation exists. Further, at the conclusion of the hear-
ing, the Administrative Law Judge (ALJ) will enter an order either
requiring the individual to submit to the evaluation or rescinding
the Board's demand for the evaluation. If an individual refuses
to submit to the evaluation after the ALJ enters an order requir-
ing the evaluation, new 301.4521 authorizes the Board to: (i)
refuse to issue or renew the individual's license; (ii) suspend the
individual's license; or (iii) issue an order limiting the individual's
license. If the Board requests an individual to submit to an eval-
uation for a reason other than physical impairment, mental im-
pairment, chemical dependency, or abuse of drugs or alcohol,
new 301.4521 also requires the Board to submit its request in
writing. Under new 301.4521, the Board is required to state its
reasons for the evaluation; specify the type of evaluation it is re-
questing; explain how it may use the evaluation; inform the indi-
vidual that he or she may refuse to submit to the evaluation; and
explain the procedures for submitting an evaluation in a hearing
regarding the issuance or renewal of the individual's license. If
an individual refuses to consent to the requested evaluation, new
301.4521 prohibits the individual from introducing an evaluation
into evidence at a hearing conducted by SOAH, unless the indi-
vidual meets certain, specified requirements. New 301.4521
also requires the Board to (i) establish, by rule, the qualifica-
tions for a licensed practitioner to conduct an evaluation under
301.4521 and (ii) adopt guidelines for requiring or requesting
an individual to submit to an evaluation under 301.4521.
The proposed amendments to 213.33(k) and (I) implement the
requirements of HB 3961 by: (i) identifying the circumstances
in which an evaluation may be required or requested by the
Board under new 301.4521; (ii) specifying the credentials that
an evaluator must possess in order to conduct an evaluation
under new 301.4521; and (iii) prescribing the required com-
ponents of an evaluation under new 301.4521. Although the
proposed amendments implement the requirements of HB 3961,
they do not substantially alter the Board's existing policies, pro-
cedures, and requirements regarding evaluations. Rather, the
proposed amendments codify the Board's existing policies, pro-
cedures, and requirements regarding evaluations. Historically,
the Board has requested physical and psychological evaluations
34 TexReg 8628 December 4, 2009 Texas Register
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Texas. Secretary of State. Texas Register, Volume 34, Number 49, Pages 8581-8902, December 4, 2009, periodical, December 4, 2009; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth90881/m1/46/: accessed April 24, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.