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TITLE 22EXAMINING BOARDS
PART 11TEXAS BOARD OF NURSING
CHAPTER 221ADVANCED PRACTICE NURSES
RULE §221.7Petitions for Waiver and Exemptions

(a) A registered nurse who submits a request for waiver from requirements of the rules must submit documentation as required by the board to support his or her petition and assure the board that he or she possesses the knowledge, skills and abilities appropriate for the role and specialty desired. Those petitioners who are under investigation or current board order are not eligible for waiver.

(b) Petitions for waiver from the program accreditation requirements of §221.3 of this chapter (relating to Education), may be granted by the board for individuals who completed their educational programs on or before December 31, 1996. Petitioners must meet the length of academic program requirements of §221.3 of this chapter and obtain national certification in the advanced role and specialty area.

(c) Petitions for waiver from the current certification requirements of §221.4 of this chapter (relating to Requirements for Full Authorization to Practice) and §221.8 of this chapter (relating to Maintaining Active Authorization as an Advanced Practice Nurse) may be granted by the board.

  (1) Under this section, only those petitioners for which no national certification examination within the advanced role and specialty or a related advanced specialty exists will be considered for waiver by the board.

  (2) The board may determine that an available national certification examination in a related specialty and/or role must be taken in lieu of an examination specific to the advanced specialty area.

(d) Waivers from the master's degree requirement will be granted to qualified certificate-prepared nurse-midwives and women's health care nurse practitioners who complete their programs on or after January 1, 2003 through December 31, 2006. Applicants must meet all other requirements as stated in §221.4 of this chapter.

  (1) Those individuals approved on the basis of this waiver shall be limited to providing advanced practice nursing care within the geographical boundaries of the State of Texas. This shall not prevent the individual from utilizing Nurse Licensure Compact privileges to function as a registered nurse.

  (2) The applicant must submit all required documentation necessary to demonstrate that the requirements (except for the master's degree) for authorization to practice have been met.

  (3) The applicant must submit a written request for waiver of the master's degree requirement.

  (4) Interim, provisional or full authorization may be granted to qualified certificate-prepared nurse-midwives and women's health care nurse practitioners.

(e) Exemptions granting authorization to utilize titles not authorized by §221.2 of this chapter may be granted to qualified applicants who complete their advanced educational programs prior to January 1, 2010. Applicants must meet all other requirements as stated in §221.4 of this chapter,

  (1) The following specialty titles may be considered for exemption if the individual is not qualified for authorization to utilize a title authorized by §221.2 of this chapter:

    (A) Acute Care Clinical Nurse Specialist,

    (B) Critical Care Nurse Practitioner;

    (C) Cardiovascular Clinical Nurse Specialist;

    (D) Emergency Nurse Practitioner or Clinical Nurse Specialist;

    (E) Family Clinical Nurse Specialist;

    (F) Home Health Clinical Nurse Specialist;

    (G) Maternal (Parent)-Child Health Clinical Nurse Specialist (with or without subspecialization);

    (H) Neonatal Clinical Nurse Specialist;

    (I) Oncology Nurse Practitioner or Clinical Nurse Specialist;

    (J) Pediatric Critical Care Nurse Practitioner;

    (K) Perinatal Nurse Practitioner or Clinical Nurse Specialist;

    (L) School Nurse Practitioner; and

    (M) Women's Health Clinical Nurse Specialist.

  (2) Those individuals authorized on the basis of this exemption shall be limited to providing advanced practice nursing care within the geographical boundaries of the State of Texas. This shall not prevent the individual from utilizing Nurse Licensure Compact privileges to function as a registered nurse.

  (3) The applicant must submit all required documentation necessary to demonstrate that all requirements for authorization to practice have been met.

  (4) The applicant must submit a written request for exemption to §221.2 of this chapter and indicate the desired title

  (5) Interim, provisional, or full authorization may be granted to qualified applicants.

  (6) Advanced practice nurses authorized to practice on the basis of this exemption shall use the advanced practice title specified on the authorization to practice document provided by the board.


Source Note: The provisions of this §221.7 adopted to be effective February 25, 2001, 26 TexReg 1509; amended to be effective May 15, 2005, 30 TexReg 2668

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