PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS

Transcription

1 TITLE 22. EXAMINING BOARDS PART 3. TEXAS BOARD OF CHIROPRACTIC EXAMINERS CHAPTER 71. APPLICATIONS AND APPLICANTS 22 TAC , , , 71.15, 71.17, The adopts the repeal of Chapter 71, , , , 71.15, and 71.19, concerning Applications and Applicants, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7659). The repeals will not be republished. The sections are repealed under the Texas Occupations Code applications and applicants for a license. TRD CHAPTER 73. LICENSES AND RENEWALS 22 TAC , 73.7 The adopts the repeal of Chapter 73, and 73.7, concerning Licenses and Renewals, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7659). The repeals will not be republished. The sections are repealed under the Texas Occupations Code applications and applicants for a license. TRD CHAPTER 74. CHIROPRACTIC FACILITIES 22 TAC , 74.5, 74.9 The adopts the repeal of Chapter 74, , 74.5 and 74.9, concerning Facilities and Facility Registrations, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7660). The repeals will not be republished. The sections are repealed under the Texas Occupations Code applications and applicants for a license. TRD ADOPTED RULES January 23, TexReg 375

2 CHAPTER 75. RULES OF PRACTICE 22 TAC , , 75.13, 75.15, 75.17, 75.19, 75.21, 75.23, The adopts the repeal of Chapter 75, , , 75.13, 75.15, 75.17, 75.19, 75.21, 75.23, and 75.25, concerning Rules of Practice, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7660). The repeals will not be republished. The sections are repealed under the Texas Occupations Code the rules of practice. TRD CHAPTER 76. FORMAL SOAH PROCEEDINGS 22 TAC 76.1, 76.3, 76.5, 76.7, 76.9, 76.11, 76.13, 76.15, 76.17, 76.19, The adopts the repeal of Chapter 76, 76.1, 76.3, 76.5, 76.7, 76.9, 76.11, 76.13, 76.15, 76.17, and concerning Formal SOAH Proceedings, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7661). The repeals will not be republished. The sections are repealed under the Texas Occupations Code formal SOAH proceedings. TRD CHAPTER 77. ADVERTISING AND PUBLIC COMMUNICATION 22 TAC , 77.5 The adopts the repeal of Chapter 77, and 77.5, concerning Advertising and Public Communication, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7662). The repeals will not be republished. The sections are repealed under the Texas Occupations Code advertising and public communication. TRD CHAPTER 78. CHIROPRACTIC RADIOLOGIC TECHNOLOGISTS 22 TAC 78.1, 78.2 The adopts the repeal of Chapter 78, 78.1 and 78.2, concerning Chiropractic Radiologic Technologists, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7662). The repeals will not be republished. 40 TexReg 376 January 23, 2015 Texas Register

3 The sections are repealed under the Texas Occupations Code chiropractic radiologic technologists. TRD CHAPTER 79. LICENSURE OF CERTAIN OUT-OF-STATE APPLICANTS 22 TAC 79.1, 79.3 The adopts the repeal of Chapter 79, 79.1 and 79.3 concerning Licensure of Certain Out-of-State Applicants, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7663). The repeals will not be republished. The sections are repealed under the Texas Occupations Code licensure of certain out-of-state applicants. TRD CHAPTER 80. PROFESSIONAL CONDUCT 22 TAC , 80.5, 80.7, 80.9, 80.11, The adopts the repeal of Chapter 80, , 80.5, 80.7, 80.9, and 80.13, concerning Professional Conduct, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7663). The repeals will not be republished. The sections are repealed under the Texas Occupations Code professional conduct. TRD CHAPTER 81. RULEMAKING 22 TAC 81.1, 81.3 The adopts the repeal of Chapter 81, 81.1 and 81.3, concerning Rulemaking, without changes to the proposal as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7664). The repeals will not be republished. The sections are repealed under the Texas Occupations Code applications and applicants for a license. TRD CHAPTER 71. RULEMAKING 22 TAC 71.1, 71.2 The adopts new 71.1 and 71.2, concerning Rulemaking, without changes to the proposed text as published in the September 26, 2014, issue of the ADOPTED RULES January 23, TexReg 377

4 Texas Register (39 TexReg 7665). The rules will not be republished. The new rules in Chapter 71 will implement retitling and reorganization of the Board rules in current Chapter 81 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD CHAPTER 72. APPLICATIONS AND APPLICANTS 22 TAC The adopts new , concerning Applications and Applicants, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7666). The rules will not be republished. The new rules in Chapter 72 will implement retitling and reorganization of the Board rules in current Chapter 71 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD CHAPTER 73. CHIROPRACTIC FACILITIES 22 TAC The adopts new , concerning Chiropractic Facilities, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7669). The rules will not be republished. The new rules in Chapter 73 will implement retitling and reorganization of the Board rules in current Chapter 74 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD CHAPTER 74. CHIROPRACTIC RADIOLOGIC TECHNOLOGISTS 22 TAC 74.1, 74.2 The adopts new 74.1 and 74.2, concerning Chiropractic Radiologic Technologists, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7671). The rules will not be republished. The new rules in Chapter 74 will implement retitling and reorganization of the Board rules in current Chapter 78 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD TexReg 378 January 23, 2015 Texas Register

5 CHAPTER TAC LICENSES AND RENEWALS The adopts new , concerning Licenses and Renewals, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7673). The rules will not be republished. The new rules in Chapter 75 will implement retitling and reorganization of the Board rules in current Chapter 73 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD CHAPTER 76. LICENSURE OF CERTAIN OUT-OF-STATE APPLICANTS 22 TAC 76.1, 76.2 The adopts new 76.1 and 76.2, concerning Licensure of Out-of-State Applicants, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7679). The rules will not be republished. The new rules in Chapter 76 will implement retitling and reorganization of the Board rules in current Chapter 79 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD CHAPTER 77. PROFESSIONAL CONDUCT 22 TAC The adopts new , concerning Professional Conduct, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7680). The rules will not be republished. The new rules in Chapter 77 will implement retitling and reorganization of the Board rules in current Chapter 80 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD CHAPTER 78. RULES OF PRACTICE 22 TAC The adopts new , concerning Rules of Practice, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7686). The rules will not be republished. The new rules in Chapter 78 will implement retitling and reorganization of the Board rules in current Chapter 75 to provide concise The new rules are adopted under the Texas Occupations Code , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. ADOPTED RULES January 23, TexReg 379

6 TRD CHAPTER 79. SOAH HEARINGS 22 TAC The adopts , concerning SOAH Hearings, without changes to the proposed text as published in the September 26, 2014, issue of the Texas Register (39 TexReg 7699). The rules will not be republished. The new rules in Chapter 79 will implement retitling and reorganization of the Board rules in current Chapter 76 to provide concise The new rules are adopted under the Texas Occupations Code, , which authorizes the Director to adopt rules necessary to regulate the practice of chiropractic to protect the public health and safety. TRD PART 11. TEXAS BOARD OF NURSING CHAPTER 223. FEES 22 TAC (Editor's Note: Due to a submission error, the wrong rulemaking document for an adopted amendment to 22 TAC was published in the January 9, 2015, issue of the Texas Register. The correct rulemaking notice, including the rule text, is published as follows.) Introduction. The Texas Board of Nursing (Board) adopts amendments to 223.1, concerning Fees. The amendments are adopted without changes to the proposed text published in the November 21, 2014, issue of the Texas Register (39 TexReg 9148). Reasoned Justification. The amendments are adopted under the authority of the Occupations Code and and are necessary to comply with budgetary requirements established by the Texas Legislature. As required by the General Appropriations Act for the Biennium, 83rd Texas Legislature, Regular Session, 2013, the Board is required, by a contingency revenue rider, to generate fees totaling $25,334,204. In July, 2013, the Board voted to revise its fee structure in order to raise this additional money. Based on a review of licensee renewal trends for the past five fiscal years, the Board expects the number of renewals for fiscal year 2015 to increase by 3%. Provided this projection holds true, at the current fee structure, the Board projects that it will exceed the amount of monies required by the contingency revenue rider by approximately $4,000,000. As a result, the Board has determined that it is appropriate to amend its fee structure to reduce the anticipated amount of surplus that does not support the Board's budget. The Board's current renewal fee for a licensed vocational nurse license is $55 each biennium. The Board's current renewal fee for a registered nurse license is $70 each biennium. The Board's current renewal fee for an advanced practice registered nurse license is $60 each biennium. The adopted amendments will reduce each level of licensure renewal by $10, thereby making the new renewal fee for a vocational nurse license $45; the renewal fee for a registered nursing license $60; and the renewal fee for an advanced practice registered nursing license $50. The adopted fee reduction will decrease the agency surplus and allow the Board to abide by the Office of the Comptroller's revenue certification. How the Section Will Function. Adopted 223.1(a)(3)(A) sets the renewal fee for a registered nursing license at $60. Adopted 223.1(a)(3)(B) sets the renewal fee for a vocational nursing license at $45. Adopted 223.1(a)(16) sets the renewal fee for an advanced practice registered nursing license at $50. Summary of Comments and Agency Response. The Board did not receive any comments on the proposal. Statutory Authority. The amendments are adopted under the Occupations Code and Section 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. Section (a) states that the Board by rule shall establish fees in amounts reasonable and necessary to cover the costs of administering Chapter 301. The Board may not set a fee that existed on September 1, 1993, in an amount less than the amount of that fee on that date. Section (b) states that the Board may adopt a fee in an amount necessary for a periodic newsletter to produce and disseminate to license holders the information required under Section (c) provides that the Board shall assess a surcharge of not less than $3 or more than $5 for a registered nurse and a surcharge of not less than $2 or more than $3 for a vocational nurse to the fee established by the Board under (a) for a license holder to renew a license under this chapter. The Board may use nine cents of the registered nurse surcharge and six cents of the vocational nurse surcharge to cover the administrative costs of collecting and depositing the surcharge. The Board quarterly shall transmit the remainder of each surcharge to the Department of State Health Services to 40 TexReg 380 January 23, 2015 Texas Register

7 be used only to implement the nursing resource section under , Health and Safety Code. The Board is not required to collect the surcharge if the Board determines the funds collected are not appropriated for the purpose of funding the nursing resource section Fees. (a) The Texas Board of Nursing has established reasonable and necessary fees for the administration of its functions. (A) less than 90 days--$60 plus current licensure renewal fee; (B) more than 90 days--$120 plus current licensure renewal fee; (1) Examination: $100; (2) Endorsement: $161; (3) Licensure renewal (each biennium): (A) Registered Nurse (RN): $60; (B) Licensed Vocational Nurse (LVN): $45; (4) reactivating from inactive status: (A) less than four years--$10 plus current renewal fee; (B) more than four years--$20 plus current renewal fee; (5) late fee for reactivation from delinquent status: (6) duplicate or substitute permanent certificate: $25; (7) issuance of a temporary permit for completing a refresher course, a temporary permit under , or an accustomation permit: $25; (8) approval of new nursing education programs: $2,500; (9) verification of licensure: $5; (10) verification of records: $25; (11) bad checks: $30; (12) Advanced Practice Nurse initial credentials: $100; (13) declaratory order of eligibility: $150; (14) eligibility determination: $150; (15) Licensed Vocational Nurse, Retired; Registered Nurse, Retired; Volunteer Retired Vocational Nurse (VR-VN); Volunteer Retired Registered Nurse (VR-RN); Volunteer Retired Registered Nurse (VR-RN) with qualifications in a given advanced practice nurse role and specialty (e.g., VR-RN, FNP): $10; $625; (16) Advanced Practice Nurse renewal: $50; (17) Initial Prescriptive Authority: $50; (18) outpatient anesthesia registry renewal: $35; (19) outpatient anesthesia inspection and advisory opinion: (20) fee for Federal Bureau of Investigations (FBI) and Department of Public Safety (DPS) criminal background check for licensees, initial licensure applicants and endorsement applicants as determined by fees imposed by the Criminal Justice Information Services (CJIS) Division and the Texas Department of Public Safety; (21) Disciplinary monitoring fees as stated in a Board order; (22) Nursing Jurisprudence Examination fee: not to exceed $25; (23) approval of remedial education course: $300 per course; (24) renewal of remedial education course: $100 per course; and (25) approval of a nursing education program outside Texas' jurisdiction to conduct clinical learning experiences in Texas: $500. (b) All fees are non-refundable. Filed with the Office of the Secretary of State on December 22, TRD Jena Abel Assistant Texas Board of Nursing Effective date: January 11, 2015 Proposal publication date: November 21, 2014 For further information, please call: (512) CHAPTER 224. DELEGATION OF NURSING TASKS BY REGISTERED PROFESSIONAL NURSES TO UNLICENSED PERSONNEL FOR CLIENTS WITH ACUTE CONDITIONS OR IN ACUTE CARE ENVIRONMENTS 22 TAC , Introduction. The Texas Board of Nursing (Board) adopts amendments to Chapter 224, and , concerning RN Accountability for Delegated Tasks; General Criteria for Delegation and Supervision of Delegation of Tasks; nurse delegation relative to the Medication Aide Permit Holder; Supervising Unlicensed Personnel Performing Tasks Delegated by Non RN Practitioners; and delegation in relation to Application of Other Laws and Regulations. The amendments are adopted without changes to the proposed text published in the December 5, 2014, issue of the Texas Register (39 TexReg 9451) and will not be republished. Reasoned Justification. The amendments are adopted under the authority of the Occupations Code and The amendments to the chapter correct outdated references to the "Board of Nurse Examiners" (BNE) and legal citations; clarify "continuously provided" to include correctional health settings; provide guidance to Advanced Practice Registered Nurses (APRN) so they understand the APRN can use the delegation rules to delegate nursing tasks to unlicensed personnel; clarify responsibilities of the Chief Nursing Officer (CNO) and other Registered Nurse (RN) responsibilities when supervising tasks delegated to unlicensed personnel or when delegated by another practitioner; and allows RNs to delegate the collection of capillary blood and urine tests to unlicensed personnel for more than just "sugar and hematests." ADOPTED RULES January 23, TexReg 381

8 How the Sections Will Function. The adopted amendment to 224.1(2) clarifies the phrase "continuously provided" by adding additional settings considered to be in an acute care environment. The adopted amendment to 224.2(1) reflects the new government code reference. The adopted amendment to designates the existing paragraphs as subsections (a) and (b). The adopted amendment to 224.3(a) correctly references the "Texas Board of Nursing". The adopted amendment to 224.3(b) provides guidance to APRNs regarding the rules APRNs are required to use when delegating nursing tasks to unlicensed personnel. The adopted amendment to 224.5(a) correctly references the "Texas Board of Nursing". The adopted amendment to 224.5(c) is added to mirror similar requirements to 225.3(e), found in (l)(2) and (j)(1) regarding a CNO's responsibility related to RN delegation. The adopted amendment to 224.6(8) adds new language to clarify an RN's responsibility to reassess and reevaluate periodically and when changes in condition occur. The adopted amendment to further clarifies an RN's responsibilities when supervising tasks delegated to unlicensed personnel or when delegated by another practitioner. The adopted amendments to 224.7(1) and (2) add clarifying language regarding the supervising RN. The adopted amendment to 224.7(2)(C) is added to provide guidance consistent with (1)(M) concerning the supervising RN's responsibility to intervene and (1)(P) regarding the RN's responsibility to promote the patient's safety and collaborate with the delegating RN to foster communication. The adopted amendment to 224.8(a)(2)(A) provides for the RN to delegate the collection of capillary blood and urine tests to unlicensed personnel for more than just "sugar and hematests," which is consistent with changes in nursing practice since this rule was adopted in The adopted amendment to 224.8(b)(1)(B) provides further clarification regarding the employer's use of unlicensed personnel. The adopted amendment to 224.8(b)(1)(B)(v) is added to address communication requirements between unlicensed personnel and the delegating RN. The adopted amendment to 224.8(b)(1)(B)(vi) is added to address the need for periodic competency verification of unlicensed personnel. The adopted amendment to 224.9(a) reflects recent changes to Human Resources Code Chapter 161 and 40 Texas Administrative Code Chapter 95 that allow correctional health settings to utilize certified medication aides and will allow in the future for other areas that may adopt similar rules. The adopted amendment to 224.9(b)(3) reflects changes consistent with amendments to adopted in February The adopted amendment to 224.9(b)(4) reflects changes consistent with amendments to (10)(F) adopted in February The adopted amendment to 224.9(b)(5) reflects changes consistent with amendments to (10)(A) adopted in February The adopted amendment to (a) correctly references the "Texas Board of Nursing". The adopted amendment to (c) is added to provide guidance consistent with (1)(M) concerning the supervising RN's responsibility to intervene and (1)(P) regarding the RN's responsibility to promote the patient's safety and collaborate with the delegating RN to foster communication. The adopted amendment to (a) correctly references the "Texas Board of Nursing". The adopted amendment to (b) adds the language "facility licensing" to explain that these laws and regulations may apply and therefore the RN must take these into account. Summary of Comments and Agency Response. The Board did not receive any comments on the proposal. Statutory Authority. The amendments are adopted under the Occupations Code and Section authorizes the Board to adopt and enforce rules consistent with Chapter 301 and necessary to: (1) perform its duties and conduct proceedings before the Board; (2) regulate the practice of professional nursing and vocational nursing; (3) establish standards of professional conduct for license holders under Chapter 301; and (4) determine whether an act constitutes the practice of professional nursing or vocational nursing. Section defines "advanced practice registered nurse" as a registered nurse licensed by the board to practice as an advanced practice registered nurse on the basis of completion of an advanced educational program. The term includes a nurse practitioner, nurse midwife, nurse anesthetist, and clinical nurse specialist. The term is synonymous with "advanced nurse practitioner" and "advanced practice nurse." Cross Reference to Statute. The following statutes are affected by this adoption: the Occupations Code and Filed with the Office of the Secretary of State on January 7, TRD James W. Johnston Texas Board of Nursing Effective date: January 27, 2015 Proposal publication date: December 5, 2014 For further information, please call: (512) TITLE 28. INSURANCE PART 1. TEXAS DEPARTMENT OF INSURANCE CHAPTER 5. PROPERTY AND CASUALTY INSURANCE SUBCHAPTER A. AUTOMOBILE INSURANCE DIVISION 3. MISCELLANEOUS INTERPRETATIONS 28 TAC The commissioner of insurance adopts new 28 TAC 5.208, concerning disclosure requirements for named driver automobile insurance policies under Insurance Code The commissioner adopts with changes to the proposed text 40 TexReg 382 January 23, 2015 Texas Register

9 published in the July 25, 2014, issue of the Texas Register (39 TexReg 5715). Senate Bill 1567, 83rd Legislature, Regular Session (2013) created Insurance Code , which requires written and oral disclosures, and contemporaneous written confirmation of the oral disclosure, for named driver policies. To partially implement SB 1567 and Insurance Code , the commissioner adopted amendments to 28 TAC on April 28, 2014, to require the named driver disclosure on auto ID cards. In this order, the commissioner adopts new to implement the other named driver policy disclosures required for new and renewal policies. TDI received many inquiries and filings as a result of the disclosure requirements in SB Additionally, TDI received comments following a stakeholder meeting held on December 2, 2013, and comments on an informal draft posted on TDI's website on April 3, TDI considered those comments in drafting the proposal to adopt On August 20, 2014, TDI held a hearing on the proposal. In response to written comments and comments made at the hearing, TDI made the following changes to the proposed section. * TDI deleted the requirement that named non-owner policies comply with the rule. * TDI clarified the signature requirements in 5.208(c)(6). * TDI clarified that excluded driver policies are not subject to * TDI added a reference to the conspicuousness requirements in Business and Commerce Code 1.201(B)(10). * TDI also made several nonsubstantive editorial changes to the rule. REASONED JUSTIFICATION. Insurance Code requires agents and insurers to provide disclosures to applicants and insureds that named driver policies have coverage limitations. Section is necessary to: 1. clarify the disclosure and applicability requirements; and 2. ensure that agents and insurers issuing new or renewal named driver policies are consistent in applying the disclosure requirements in Insurance Code Typically, a standard personal auto policy provides coverage to almost everyone who drives the covered vehicle, unless specifically excluded. In contrast, a named driver policy does not provide coverage for individuals who are residents of the named insured's household and are not named as insureds on the policy. Insurance Code requires specific disclosures for named driver policies at the time new or renewal policies are issued. The disclosures put the applicant or insured on notice that a named driver policy has limitations in coverage and that coverage depends on who is driving the car. The disclosures alert the applicant or insured to review the extent of coverage with the agent or insurer. The disclosures do not say that every driver not named on the policy is not covered-they simply alert people that not all individuals residing in the named insured's household are covered under the policy. Although some named driver policies cover more people than just the named insured, there may be a substantial group of people who could drive the car and be uninsured under the policy, including relatives, unrelated roommates, or other household residents. Definition of "Named Driver Policy" Section 5.208(a) and (b) clarify the definition of "named driver policy" and the applicability of the disclosure requirements under Insurance Code Section 5.208(a)(1) restates the definition of "named driver policy" in Insurance Code (a). Insurance Code (a) defines a named driver policy as "an automobile insurance policy that does not provide coverage for an individual residing in a named insured's household specifically unless the individual is named on the policy. The term includes an automobile insurance policy that has been endorsed to provide coverage only for drivers specifically named on the policy." Section 5.208(a)(2) clarifies that the definition of "named driver policy" includes automobile insurance policies that do not cover all household residents. This interpretation is consistent with the intent of , which is to inform the insured or applicant that the policy has coverage limitations that make it different from a standard personal auto policy. For example, a policy that covers all roommates, but does not cover resident relatives, provides less coverage than a standard personal auto policy. That information-that if an unnamed household resident drives the vehicle, the driver may not be covered-is what the Legislature intended to have insurers and agents convey to policyholders. The disclosures required under are designed to ensure that policyholders are notified of the coverage limitations so they can prevent people who are not covered under their policies to drive their vehicles. Conversely, almost all auto policies provide coverage for a resident spouse as a "covered person" under the policy, even if the spouse is not named and the policy does not cover every other household resident. Under a narrow reading of the definition of "named driver policy," a policy that covers any household residents other than the household residents specifically named on the policy-even just one-is not a named driver policy. Reading the definition of "named driver policy" narrowly would mean that there are virtually no named driver policies approved for use in Texas. Such a reading is contrary to code construction guidelines under Government Code (2) and (4), which state that it is presumed that "the entire statute is intended to be effective," and that "a result feasible of execution is intended." Additionally, not requiring disclosures on policies that cover some-but not all-unnamed household residents would frustrate the intent of by failing to warn policyholders and other interested parties who might not realize that some household residents are not covered. Applicability: Excluded Driver Policies Section 5.208(a)(3) states that an automobile insurance policy that provides coverage for all residents of the insured's household is not a named driver policy, even if the policy or an endorsement excludes one or more drivers specifically by name. Those policies are known as "excluded driver policies" or policies with "excluded driver endorsements." Merely attaching an endorsement to specifically exclude a driver does not necessarily make a policy a named driver policy. An excluded driver policy is functionally the opposite of a named driver policy. While a named driver policy generally covers named drivers residing within the household and drivers from outside the household operating the vehicle with permission, an excluded driver policy generally covers all drivers except ADOPTED RULES January 23, TexReg 383