| (a) A nurse who is not practicing nursing in Texas
and who fails to maintain a current Texas license for a period of
time less than four years may bring his or her license up-to-date
by filing such forms as the Board may require, showing evidence of
having completed 20 contact hours of acceptable continuing education
that meets the requirements of Chapter 216 of this title (relating
to Continuing Competency) within the two years immediately preceding
the application for reactivation, and paying the current licensure
fee plus a late fee and any applicable fines, which are not refundable.
(b) A nurse who is not practicing nursing and who fails
to maintain a current license from any licensing authority for four
or more years will be required to:
(1) complete a refresher course, extensive orientation
to the practice of nursing, or a nursing program of study that meets
the requirements prescribed by the Board. The applicant must submit
an application to the Board for a temporary permit for the limited
purpose of completing a refresher course, extensive orientation to
the practice of nursing, or a nursing program of study;
(2) submit to the Board evidence of the successful
completion of the requirements of paragraph (1) of this subsection;
(3) submit to the Board a certificate of completion
from the Texas Nursing Jurisprudence Exam;
(4) submit to the Board a completed reactivation application;
(5) submit to the Board the current, non-refundable
licensure fee, plus a late fee and any applicable fees which are not
refundable; and
(6) submit to the Board evidence of completion of 20
contact hours of acceptable continuing education for the two years
immediately preceding the application for reactivation that meets
the requirements of Chapter 216 of this title.
(c) The Board adopts by reference the following forms,
which comprise the instructions and requirements for a refresher course,
extensive orientation to the practice of nursing, and a nursing program
of study required by this section, and which are available at http://www.bon.state.tx.us/olv/forms.html:
(1) Application for Six Month Temporary Permit (RN);
and
(2) Application for Six Month Temporary Permit (LVN).
(d) A nurse who fails to maintain a current Texas license
for four years or more and who is licensed and has practiced in another
state during the previous four years preceding the application for
reactivation in Texas must comply with the requirements of subsection
(b)(3) - (6) of this section.
(e) The issuance of a license reactivation may be refused
to an individual who:
(1) fails to submit an application for reactivation;
or
(2) submits an application which:
(A) is incomplete;
(B) does not show evidence that the person meets the
requirements for reactivation; or
(C) is not accompanied by the correct fee(s).
(f) The Board's refusal to reactivate a license for
the reasons specified in subsection (e) of this section does not entitle
an individual to a hearing at the State Office of Administrative Hearings.
(g) An individual who is refused a license reactivation
and who wishes to reactivate his or her license will be required to:
(1) correctly complete the reactivation application;
(2) show evidence of meeting all the requirements for
reactivation, including completion of 20 contact hours of continuing
education that meets the requirements of Chapter 216 of this title;
and
(3) submit payment of the correct, non-refundable reactivation
fee as follows:
(A) if the license has been delinquent less than 90
days, the required fee will equal the renewal fee plus one-half the
examination fee (see §223.1 of this title (relating to Fees)),
plus any applicable fines; or
(B) if the license has been delinquent for more than
90 days, the required fee will equal the renewal fee plus the full
examination fee (see §223.1 of this title), plus any applicable
fines.
(h) Special Reactivation Provisions for Actively Deployed
Nurses.
(1) If a nurse's license lapses and becomes delinquent
while serving in the military whenever the United States is engaged
in active military operations against any foreign power, the license
may be reactivated without penalty or payment of the late renewal
fee(s) under the following conditions:
(A) The license was active at the time of deployment;
(B) The application for reactivation is made while
still in the armed services or no later than three months after discharge
from active service or return to inactive military status;
(C) A copy of the military activation orders or other
proof of active military service accompanies the application;
(D) The renewal fee is paid; and
(E) If the required continuing education contact hours
were not earned for reactivation during the earning period, the nurse
shall be required to complete the required continuing education hours
needed for reactivation no later than three months after discharge
from active service, return to inactive military status, or return
to the United States from an active war zone.
(2) The continuing education contact hours used for
reactivation may not be used for the next license renewal.
(3) The continuing education contact hours for the
next license renewal following reactivation may not be prorated.
(i) A nurse whose license has been expired for more
than one year and who has been initially or finally convicted of,
or has entered a plea of guilty or nolo contendere for, an offense
specified in the Occupations Code §301.4535(a); surrendered a
license or a privilege in another state or had a license or privilege
revoked, suspended, or denied in another state; or been imprisoned
following a felony conviction, felony community supervision revocation,
revocation of parole, or revocation of mandatory supervision may not
renew the license until the Board has completed an investigation and
reached a final resolution of the matter.
(j) Military Spouse.
(1) A nurse who is the spouse of an individual serving
on active duty as a member of the armed forces of the United States
may be exempt from paying the late fees and fines required by this
section if the applicant submits to the Board:
(A) a completed reactivation application submitted
through the Texas Nurse Portal accessible through the Board's website;
and
(B) documentation showing that the applicant is the
spouse of an individual serving on active duty as a member of the
armed forces of the United States, also submitted through the Texas
Nurse Portal accessible through the Board's website.
(2) A nurse submitting an application for reactivation
under this section who is the spouse of an individual serving on active
duty as a member of the armed forces of the United States and has
practiced nursing in any jurisdiction within the four years immediately
preceding the application is not required to complete the continuing
education contact hours required by this section.
(3) All other requirements of this section apply to
military spouse applicants.
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| Source Note: The provisions of this §217.6 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective July 10, 2005, 30 TexReg 3997; amended to be effective October 11, 2010, 35 TexReg 9093; amended to be effective January 17, 2012, 37 TexReg 120; amended to be effective May 24, 2020, 45 TexReg 3296; amended to be effective May 30, 2022, 47 TexReg 3138 |
