Proposed Rule Changes

The Texas Board of Nursing submits all proposed rule changes to the Texas Register, a weekly publication that serves as the notice bulletin of state agency rulemaking. The Texas Register contains emergency, proposed, and adopted rules; notices of withdrawn and repealed rules; notices of rule review and other information submitted by state agencies for publication. The Texas Register is maintained by the Office of the Secretary of State and viewed from this link: http://www.sos.state.tx.us/texreg/index.shtml.

• Adopted Rules
• Proposed Rules
• 2011 Agency Rule Review Plan.

Proposed rule changes:

in November 18, 2011 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §217.19 (relating to Incident-Based Nursing Peer Review and Whistleblower Protections) and §217.20 (relating to Safe Harbor Peer Review for Nurses and Whistleblower Protections). The amendments are proposed under the authority of the Occupations Code §§301.352, 301.401, 301.4011, 301.402, 301.4025, 301.412, 301.413, 303.001, 303.005, and 301.151 and are necessary to implement the requirements of Senate Bill (SB) 192, enacted by the 82nd Legislature, Regular Session, effective September 1, 2011.
• The Texas Board of Nursing (Board) proposes new §217.22 (relating to Special Accommodations). This section is proposed under the authority 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, effective September 1, 2011.
• Proposed Special Accommodations Form

in August 19, 2011 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §223.1 (relating to Fees). This amendment is proposed under the authority of the Occupations Code §301.151 and §301.155 and is necessary to implement the requirements of House Bill (HB) 1, enacted by the 82nd Legislature, Regular Session, effective September 1, 2011, which establishes the Board's budget for the 2012-2013 biennium.

in June 3, 2011 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §217.5 (relating to Temporary License and Endorsement). The proposed amendments are authorized under the Occupations Code §§301.251, 301.252, 301.256, 301.258, 301.259, 301.260, 301.303, and 301.151 and are necessary to: (i) clarify the requirements that apply to temporary licensure and endorsement; (ii) re-organize the section for clarity and readability; and (iii) ensure consistency with the requirements of §217.6 (relating to Failure to Renew License) and §217.9 (relating to Inactive Status).
• The Texas Board of Nursing (Board) proposes amendments to §221.6 (relating to Interim Approval). The amendments are proposed under the authority of the Occupations Code §§301.152, 301.258, and 301.151 and are necessary to eliminate "interim approval" for certain individuals.

in May 27, 2011 Texas Register

• The Texas Board of Nursing (Board) proposes new §217.21 (relating to Remedial Education Course Providers and Remedial Education Courses). This new section is being proposed under the authority of the Occupations Code §§301.303, 301.452, 301.453, and 301.151 and is necessary to create, in rule, an approval process for remedial education course providers (providers) and remedial education courses (courses), including the creation of new fees for the approval and renewal of courses. Additional amendments affecting 22 TAC §223.1 (relating to Fees) are being simultaneously proposed in this issue of the Texas Register.
• The Texas Board of Nursing (Board) proposes amendments to §223.1 (relating to Fees). The amendments are proposed under the authority of the Occupations Code §§301.155(a), 301.303, 301.452, 301.453, and 301.151 and are necessary to create new fees for the approval and renewal of remedial education courses.

in February 25, 2011 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §213.33 (relating to Factors Considered for Imposition of Penalties/Sanctions). These amendments are proposed under the Occupations Code §§301.452, 301.453, and 301.151 and formalize the Board's historical practice regarding default cases.

in February 11, 2011 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §217.4 (relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction). These amendments are proposed under the Occupations Code §§301.251, 301.252, and 301.151 and are necessary to specify an exception to the Board's licensure requirements for qualified international nurse applicants.

in November 5, 2010 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to Chapter 214 - Vocational Nursing Education, §§214.2 - 214.9. The proposed amendments are necessary to: (i) clarify definitions within the chapter; (ii) emphasize the importance of faculty supervised, hands-on patient care in clinical practice; (iii) clarify the Board's ability to change a nursing education program's level of approval status; (iv) specify minimum qualifications for vocational nursing education program administration and faculty; (v) correct typographical errors; and (vi) eliminate redundant and contradictory language within the chapter.
• The Texas Board of Nursing (Board) proposes amendments to to Chapter 215 - Professional Nursing Education, §§215.2 - 215.5, 215.8, 215.9. The proposed amendments are necessary to: i) clarify definitions within the chapter; (ii) emphasize the importance of faculty supervised, hands-on patient care in clinical practice; (iii) clarify the Board's ability to change a nursing education program's level of approval status; (iv) correct typographical errors; and (v) eliminate redundant and contradictory language within the chapter.

in August 20, 2010 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §217.6 (relating to Failure to Renew License) and §217.9 (relating to Inactive Status). The proposed amendments are necessary to: (i) clarify the existing requirements that apply to the reactivation of an expired (delinquent) or inactive nursing license; (ii) specify the new requirements that will apply to the reactivation of an expired (delinquent) or inactive nursing license; (iii) provide additional guidance regarding the content requirements of a refresher course, extensive orientation to the practice of nursing, and nursing program of study (refresher course/s); (iv) ensure consistency among the requirements of §217.6 and §217.9; and (v) prevent individuals with serious and potentially disqualifying histories from renewing delinquent licenses until the Board has had a full opportunity to investigate and take appropriate action.
• Updated Six-Month permit application for RN Refresher Course/Extended Orientation
• Updated Six-Month permit application for LVN Refresher Course/Extended Orientation

in August 13, 2010 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §216.1 (relating to Definitions) and §216.3 (relating to Requirements). These proposed amendments are authorized under the Occupations Code §301.303 and §301.151 and are necessary to advance the Board's comprehensive approach to continuing competency in nursing.

in May 21, 2010 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §211.6 (relating to Committees of the Board). The proposed amendment is necessary to implement Senate Bill (SB) 1415, enacted by the 81st Legislature, Regular Session, effective September 1, 2009, which adds new §301.1607 to the Occupations Code Chapter 301.
• The Texas Board of Nursing (Board) proposes amendments to §213.30 (relating to Declaratory Order of Eligibility for Licensure). The amendments are proposed under the Occupations Code §§53.101 - 53.105, 301.257, and 301.151 and are necessary to: (i) implement House Bill (HB) 963, enacted by the 81st Legislature, Regular Session, effective June 19, 2009, which adds new Subchapter D to the Occupations Code Chapter 53; and (ii) enhance consistency among Board rules related to eligibility determinations.
• The Texas Board of Nursing (Board) proposes new §213.34 (relating to Deferred Disciplinary Action Pilot Program). The proposed new section is necessary to implement Senate Bill (SB) 1415, enacted by the 81st Legislature, Regular Session, effective September 1, 2009, which adds new §301.1607 to the Occupations Code Chapter 301.
• The Texas Board of Nursing (Board) proposes amendments to §217.2, relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions; §217.4, relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction; and §217.5, relating to Temporary License and Endorsement. These amendments are proposed under the Occupations Code §§53.101 - 53.105, 301.257, and 301.151 and are necessary to clarify existing language within the sections and to enhance consistency among Board rules related to eligibility determinations. Specifically, the proposed amendments eliminate: (i) minor inconsistencies among the sections; and (ii) redundant requirements that are more appropriately addressed in §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure).

in May 14, 2010 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §223.1 (relating to Fees). The amendment is proposed 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.

in May 7, 2010 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §221.1 (relating to Definitions) and §221.3 (relating to Education). The amendments are proposed under the Occupations Code §301.152(a) and (b) and §301.151 and are necessary to clarify existing language within the sections and to enhance consistency among Board rules related to advanced nursing practice.

in December 4, 2009 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §213.33, concerning Factors Considered for Imposition of Penalties/Sanctions and/or Fines. The amendments 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.

in November 27, 2009 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to Chapter 222, §§222.1 - 222.12, concerning Advanced Practice Nurses With Prescriptive Authority.

in September 11, 2009 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §213.20, concerning Informal Proceedings and Alternate Dispute Resolution (ADR); §213.29, concerning Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters; §213.30, concerning Declaratory Order of Eligibility for Licensure; and §213.33, concerning Factors Considered for Imposition of Penalties/Sanctions and/or Fines.

in September 4, 2009 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §211.7, concerning Executive Director. The Board is simultaneously proposing amendments and new paragraphs to §213.32, concerning Practice and Procedure. These proposed amendments and new paragraphs are necessary to: (i) implement Senate Bill (SB) 1415, enacted by the 81st Legislature, Regular Session, effective September 1, 2009.
• The Texas Board of Nursing (Board) proposes amendments and new paragraphs to §213.32, concerning Schedule of Administrative Fine(s). Proposed new §213.32(1) - (4) are necessary to implement Senate Bill (SB) 1415, enacted by the 81st Legislature, Regular Session, effective September 1, 2009.

in August 28, 2009 Texas Register

• The Texas Board of Nursing (Board) proposes amendments to §213.23, concerning Decision of the Board. These amendments are proposed under the Occupations Code §301.459(a) and §301.151 and the Government Code §2001.004 and §2001.062(a) and (b) and are necessary to implement the Board's amended policy regarding the appearance of individuals before the Board in contested cases.

in May 15, 2009 Texas Register

• The Texas Board of Nursing (Board) proposes the repeal of Chapter 216, §§216.1 - 216.11, concerning Continuing Education. This repeal is necessary because the Board is proposing a new chapter for adoption that promotes a comprehensive approach to continuing competency in nursing.

in November 14, 2008 Texas Register

• The Texas Board of Nursing (BON) proposes an amendment to 22 TAC §211.6, pertaining to Committees of the Board. The proposed amendment adds language to the foregoing rule reflecting the establishment of the Eligibility and Disciplinary Advisory Committee (EDAC), formerly known as the Eligibility and Disciplinary Committee Task Force.
• The Texas Board of Nursing (BON) proposes amendments to 22 TAC §217.16 relating to Minor Incidents. The proposed amendments will provide clarification and consistency in the Board's current "minor incident" rule with the board's nursing peer review rules located at 22 TAC §217.19 and §217.20, relating to Incident-Based and Safe Harbor Nursing Peer Review respectively.

Adopted rule changes:

in January 13, 2012 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §217.6 (relating to Failure to Renew License) without changes to the proposed text as published in the November 25, 2011, issue of the Texas Register (36 TexReg 7957) and will not be republished.
• The The Texas Board of Nursing (Board) adopts new §217.9, (relating to Inactive Status) without changes to the proposed text published in the November 25, 2011, issue of the Texas Register (36 TexReg 7961) and will not be republished.

in January 6, 2012 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §217.19 (relating to Incident-Based Nursing Peer Review and Whistleblower Protections) and §217.20 (relating to Safe Harbor Peer Review for Nurses and Whistleblower Protections) without changes to the proposed text published in the November 18, 2011, issue of the Texas Register (36 TexReg 7749) and will not be republished.
• The 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 republished.

in October 7, 2011 Texas Register

• The Texas Board of Nursing (Board) adopts an amendment to §223.1 (relating to Fees) without changes to the proposed text published in the August 19, 2011, issue of the Texas Register (36 TexReg 5180) and will not be republished.

in August 5, 2011 Texas Register

• The Texas Board of Nursing (Board) adopts new §217.21 (relating to Remedial Education Course Providers and Remedial Education Courses) with changes to the proposed text published in the May 27, 2011, issue of the Texas Register.
• The Texas Board of Nursing (Board) adopts amendments to §223.1 (relating to Fees) without changes to the proposed text published in the May 27, 2011, issue of the Texas Register (36 TexReg 3253) and will not be republished.

in July 22, 2011 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §217.5 (relating to Temporary License and Endorsement) without changes to the proposed text as published in the June 3, 2011, issue of the Texas Register (36 TexReg 3389) and will not be republished.
• The Texas Board of Nursing (Board) adopts amendments to §221.6 (relating to Interim Approval) without changes to the proposed text published in the June 3, 2011, issue of the Texas Register (36 TexReg 3396) and will not be republished.

in April 15, 2011 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §213.33 (relating to Factors Considered for Imposition of Penalties/Sanctions) without changes to the proposed text as published in the February 25, 2011, issue of the Texas Register (36 TexReg 1221) and will not be republished.

in April 1, 2011 Texas Register

• The Board of Nursing (Board) adopts amendments to §217.4 (relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction) without changes to the proposed text published in the February 11, 2011, issue of the Texas Register (36 TexReg 704).

in December 24, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §214.2 (relating to Definitions), §214.3 (relating to Program Development, Expansion, and Closure), §214.4 (relating to Approval), §214.5 (relating to Philosophy/Mission and Objectives/Outcomes), §214.6 (relating to Administration and Organization), §214.7 (relating to Faculty), §214.8 (relating to Students), and §214.9 (relating to Program of Study) without changes to the proposed text as published in the November 5, 2010, issue of the Texas Register (35 TexReg 9812).
• The Texas Board of Nursing (Board) adopts amendments to §215.2 (relating to Definitions); §215.3 (relating to Program Development, Expansion, and Closure), §215.4 (relating to Approval), §215.5 (relating to Philosophy/Mission and Objectives/Outcomes), §215.8 (relating to Students), and §215.9 (relating to Program of Study) without changes to the proposed text as published in the November 5, 2010, issue of the Texas Register (35 TexReg 9822)

in October 8, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §217.6 (relating to Failure to Renew License) and §217.9 (relating to Inactive Status) without changes to the proposed text published in the August 20, 2010, issue of the Texas Register (35 TexReg 7176) and will not be republished.

in October 1, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §216.1 (relating to Definitions) and §216.3 (relating to Requirements) without changes to the proposed text published in the August 13, 2010, issue of the Texas Register (35 TexReg 6914) and will not be republished.

in July 9, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §211.6 (relating to Committees of the Board) without changes to the proposed text published in the May 21, 2010, issue of the Texas Register (35 TexReg 3936).
• The Texas Board of Nursing (Board) adopts amendments to §213.30 (relating to Declaratory Order of Eligibility for Licensure) without changes to the proposed text published in the May 21, 2010, issue of the Texas Register (35 TexReg 3939).
• The Texas Board of Nursing (Board) adopts new §213.34 (relating to Deferred Disciplinary Action Pilot Program) without changes to the proposed text published in the May 21, 2010, issue of the Texas Register (35 TexReg 3946).
• The Texas Board of Nursing (Board) adopts amendments to §217.2 (relating to Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions), §217.4 (relating to Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction) and §217.5 (relating to Temporary License and Endorsement) without changes to the proposed text published in the May 21, 2010, issue of the Texas Register (35 TexReg 3953).

in July 2, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments 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).

in June 25, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §221.1 (relating to Definitions) and §221.3 (relating to Education) without changes to the proposed text published in the May 7, 2010, issue of the Texas Register (35 TexReg 3590).

in February 12, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §213.33, concerning Factors Considered for Imposition of Penalties/Sanctions with changes to subsections (k) and (l) of the proposed text published in the December 4, 2009, issue of the Texas Register (34 TexReg 8628). The rule includes adoption of the Disciplinary Matrix (Matrix), which is used in the resolution of eligibility and disciplinary matters before the Board.

in February 5, 2010 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to Chapter 222, §§222.1 - 222.12, concerning Advanced Practice Registered Nurses With Prescriptive Authority.

in November 6, 2009 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §211.7, concerning Executive Director. The amendments are adopted without changes to the proposed text as published in the September 4, 2009, issue of the Texas Register (34 TexReg 6075)
• The Texas Board of Nursing (Board) adopts amendments to §213.20, concerning Informal Proceedings and Alternate Dispute Resolution (ADR); §213.29, concerning Criteria and Procedure Regarding Intemperate Use and Lack of Fitness in Eligibility and Disciplinary Matters; and §213.30, concerning Declaratory Order of Eligibility for Licensure. The amendments to §213.20 are adopted without changes to the proposed text as published in the September 11, 2009, issue of the Texas Register (34 TexReg 6255). Section 213.29 and §213.30 are adopted with changes. Section 213.33, concerning Factors Considered for Imposition of Penalties/Sanctions and/or Fines, is withdrawn.
• The Texas Board of Nursing (Board) adopts amendments to §213.23, concerning Decision of the Board. The amendments are adopted with changes to the proposed text published in the August 28, 2009, issue of the Texas Register (34 TexReg 5855) to correct minor typographical errors.
• The Texas Board of Nursing (Board) adopts amendments and new paragraphs to §213.32, concerning Schedule of Administrative Fine(s). New §213.32(2) is adopted with changes to the proposed text as published in the September 4, 2009, issue of the Texas Register (34 TexReg 6078). New §213.32(1), (3), and (4), and amended §213.32(5), (6), and (7) are adopted without changes to the proposed text.

in September 11, 2009 Texas Register

• The Texas Board of Nursing (Board) adopts, on an emergency basis, amendments and new paragraphs to §213.32, concerning Schedule of Administrative Fine(s), to take effect on September 1, 2009. The 81st Texas Legislature, Regular Session, enacted Senate Bill (SB) 1415, which adds new Subchapter N to the Occupations Code Chapter 301. SB 1415 authorizes the Board to impose a corrective action, which is a non-disciplinary action consisting of a fine, remedial education, or any combination of a fine or remedial education, on an individual who violates a provision of Chapter 301 or a rule or order adopted under Chapter 301. SB 1415 requires the Board to adopt, by rule, guidelines for the types of violations for which a corrective action may be imposed under new Subchapter N. SB 1415 becomes effective on September 1, 2009. Rule language can also be downloaded from this link: TAC section 213.32.

in August 14, 2009 Texas Register

• The Texas Board of Nursing (Board) adopts the repeal of Chapter 216, §§216.1 - 216.11, concerning Continuing Education.
• The Texas Board of Nursing (Board) adopts new Chapter 216, §§216.1 - 216.11, concerning Continuing Competency.

in May 8, 2009 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §217.2, concerning Licensure by Examination for Graduates of Nursing Education Programs Within the United States, its Territories, or Possessions, and §217.4, concerning Requirements for Initial Licensure by Examination for Nurses Who Graduate from Nursing Education Programs Outside of United States' Jurisdiction.
• The Texas Board of Nursing (Board) adopts amendments to §223.1, concerning Fees.

in April 10, 2009 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §220.2 and §220.3, concerning the Nurse Licensure Compact (Compact) without changes to the proposed text as published in the February 20, 2009, issue of the Texas Register (34 TexReg 1174) and will not be republished.

in November 14, 2008 Texas Register

• The Texas Board of Nursing (Board) adopts amendments to §221.4 and §221.6 and the repeal of §221.5, concerning Advanced Practice Nurses, without changes to the proposed text as published in the August 8, 2008, issue of the Texas Register (33 TexReg 6305) and will not be republished. The proposed amendments and repeal are necessary for the purpose of aligning 22 TAC Chapter 221 with Chapter 305 of the Nursing Practice Act (the Advanced Practice Registered Nurse (APRN) Compact) and national standards.