(a) Criteria for nurse applicants for initial licensure
applying under this section.
(1) A licensed vocational nurse applicant must:
(A) have either:
(i) successfully completed an approved program for
educating vocational/practical (second level general nurses) nurses
within the four years immediately preceding the filing of an application
for initial licensure in Texas by providing a credential evaluation
service full education course-by-course report from a credential evaluation
service approved by the Board; or
(ii) successfully completed an approved program for
educating vocational/practical (second level general nurses) nurses
by providing a credential evaluation service full education course-by-course
report from a credential evaluation service approved by the Board
and practiced as a second level general nurse within the four years
immediately preceding the filing of an application for initial licensure
in Texas; and
(B) have achieved an approved score on an English proficiency
test acceptable to the Board, unless a substantial portion of the
applicant's nursing program of study, as determined by the Board,
was conducted in English.
(2) A registered nurse applicant must either:
(A) have successfully completed an approved program
for educating registered (first level general nurses) nurses within
the four years immediately preceding the filing of an application
for initial licensure in Texas by providing a credential evaluation
service full education course-by-course report from a credential evaluation
service approved by the Board, which verifies that the applicant:
(i) has the educational credentials equivalent to graduation
from a governmentally accredited/approved, post-secondary general
nursing program of at least two academic years in length;
(ii) received both theory and clinical education in
each of the following: nursing care of the adult which includes both
medical and surgical nursing, maternal/infant nursing, nursing care
of children, and psychiatric/mental health nursing; and
(iii) has achieved an approved score on an English
proficiency test acceptable to the Board, or the equivalent, unless
a substantial portion of the applicant's nursing program of study,
as determined by the Board, was conducted in English; or
(B) have practiced as a first level general nurse within
the four years immediately preceding the filing of an application
for initial licensure in Texas and have successfully completed an
approved program for educating registered (first level general nurses)
nurses by providing a credential evaluation service full education
course-by-course report from a credential evaluation service approved
by the Board, which verifies that the applicant:
(i) has the educational credentials equivalent to graduation
from a governmentally accredited/approved, post-secondary general
nursing program of at least two academic years in length;
(ii) received both theory and clinical education in
each of the following: nursing care of the adult which includes both
medical and surgical nursing, maternal/infant nursing, nursing care
of children, and psychiatric/mental health nursing; and
(iii) has achieved an approved score on an English
proficiency test acceptable to the Board, or the equivalent, unless
a substantial portion of the applicant's nursing program of study,
as determined by the Board, was conducted in English.
(3) All applicants must file a complete application
for registration containing data required by the Board attesting that
all information contained in, or referenced by, the application is
complete and accurate and is not false or misleading, and the required
application processing fee which is not refundable.
(4) All applicants must pass the NCLEX-PN (LVN applicants)
or NCLEX-RN (RN applicants) as a Texas applicant within four years
of completion of the requirements for graduation or within four years
of the date of eligibility.
(5) All nurse applicants must submit fingerprints for
a complete criminal background check.
(6) All nurse applicants must pass the jurisprudence
exam approved by the Board, effective September 1, 2008.
(b) Credential evaluation service (CES).
(1) A CES wishing to be approved by the Board must
meet the following requirements:
(A) The CES must be a member of a national credentialing
organization that sets performance standards for the industry. The
CES must adhere to the prevailing standards for the industry.
(B) The CES must specialize in the evaluation of international
nursing education and licensure.
(C) The CES must be able to demonstrate its ability
to accurately analyze academic and licensure credentials for purposes
of United States comparison, with course-by-course analysis of nursing
academic records.
(D) The CES must be able to manage the translation
of original documents into English.
(E) The CES must inform the Board in the event applicant
documents are found to be fraudulent.
(F) The CES must have been in the business of evaluating
nursing education for a minimum of five years.
(G) The CES must cite all references used in its evaluation
in its credentials report.
(H) The CES report must identify the language of nursing
instruction and the language of textbooks for nursing education.
(I) The CES must use only original source documentation
in evaluating nursing education.
(J) The CES report must describe the comparability
of the foreign education to United States standards.
(K) The CES report must detail course clock hours for
theory and clinical components of nursing education.
(L) The CES must be able to issue an evaluation report
within a reasonable time period, not to exceed six weeks.
(M) The CES must have an efficient and accessible process
for answering customer queries.
(N) The CES must be able to provide client references/reviews
upon request.
(O) The CES must have an established record retention
policy.
(P) The CES must be able to provide testimony for Board
hearings, if required.
(2) The CES must complete the form(s) and affidavit
required by the Board, submit all required documentation, and receive
approval from the Board before providing a report for Board consideration.
The Board will maintain a list of approved CES providers.
(c) An applicant who has not passed the NCLEX-PN or
NCLEX-RN within four years of completion of the requirements for graduation
or within four years of the date of eligibility must complete an appropriate
nursing education program in order to be eligible to take or retake
the examination.
(d) Should it be ascertained from the application filed,
or from other sources, that the applicant should have had an eligibility
issue determined by way of a petition for declaratory order pursuant
to the Occupations Code §301.257, then the application will be
treated and processed as a petition for declaratory order under §213.30
of this title (relating to Declaratory Order of Eligibility for Licensure),
and the applicant will be treated as a petitioner under that section
and will be required to pay the non-refundable fee required by that
section.
(e) Accustomation Permit.
(1) An applicant who has graduated from an accredited
nursing program outside the United States may apply to the Board for
a six month accustomation permit by completing an application. An
applicant holding an accustomation permit under this subsection may
participate in nursing education courses and clinical experiences.
(2) An applicant is eligible to apply for an accustomation
permit under this subsection only if the applicant has:
(A) graduated from an accredited nursing program outside
the United States;
(B) never taken the NCLEX-PN (LVN applicants) or NCLEX-RN
(RN applicants); and
(C) successfully completed a credential evaluation
service course-by-course report from a Board approved credential evaluation
service.
(3) An applicant holding an accustomation permit under
this subsection may only participate in nursing education courses
and clinical experiences under the direct supervision of a registered
nurse who holds a current and unencumbered Texas license. For purposes
of this subsection only, direct supervision requires a registered
nurse to be working with the applicant at all times. At no time shall
an applicant be left alone with a patient.
(f) Upon initial licensure by examination, the license
is issued for a period ranging from six months to 29 months depending
on the birth month. Licensees born in even-numbered years shall renew
their licenses in even-numbered years; licensees born in odd-numbered
years shall renew their licenses in odd-numbered years.
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Source Note: The provisions of this §217.4 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 14, 2003, 28 TexReg 5532; amended to be effective September 28, 2004, 29 TexReg 9189; amended to be effective April 11, 2005, 30 TexReg 2065; amended to be effective April 16, 2006, 31 TexReg 3031; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective May 14, 2009, 34 TexReg 2767; amended to be effective July 12, 2010, 35 TexReg 6083; amended to be effective April 4, 2011, 36 TexReg 2123; amended to beeffective July 14, 2016, 41 TexReg 5054; amended to be effective August 24, 2020, 45 TexReg 5910 |