| (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) A nurse who has not practiced nursing in another
state within the four years immediately preceding a request for temporary
licensure and/or permanent licensure by endorsement 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 nurse must submit an
Application for Six Month Temporary Permit (RN) or an Application
for Six Month Temporary Permit (LVN), as applicable, to the Board
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) after completing the requirements of paragraphs
(1) - (2) of this subsection, submit to the Board verification of
the completion of the requirements of subsection (a)(1) - (8) of this
section.
(d) 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).
(e) A nurse who has had disciplinary action at any
time by any licensing authority is not eligible for temporary licensure
until completion of the eligibility determination.
(f) Upon initial licensure by endorsement, 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.
(g) 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.
(h) Out-of-State Licensure of Military Service Member
or Military Spouse.
(1) Pursuant to Texas Occupations Code §55.0041,
a military service member or military spouse is eligible to practice
nursing in Texas if the member or spouse:
(A) holds an active, current license to practice nursing
in another state or territory:
(i) that has licensing requirements, including education
requirements, that are determined by the Board to be substantially
equivalent to the requirements for nursing licensure in Texas; and
(ii) is not subject to any current restriction, eligibility
order, disciplinary order, probation, suspension, or other encumbrance;
(B) submits a copy of the member's or spouse's military
identification card;
(C) notifies the Board of the member's or spouse's
intent to practice nursing in Texas on a form prescribed by the Board;
and
(D) meets the Board's fitness to practice and eligibility
criteria set forth in §213.27 (relating to Good Professional
Character), §213.28 (relating to Licensure of Individuals with
Criminal History), and §213.29 (relating to Fitness to Practice)
of this title.
(2) If a military service member or military spouse
meets the criteria set forth in this subsection, the Board will issue
a license to the member or spouse to practice nursing in Texas. The
member or spouse will not be charged a fee for the issuance of the
license. A license issued under this subsection is valid through the
third anniversary of the date of the issuance of the license; thereafter,
the license is subject to the Board's standard renewal cycle.
(3) A military service member or military spouse who
is unable to meet the criteria set forth in this subsection remains
eligible to seek licensure in Texas, as set forth in §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), §221.3 (relating to APRN Education Requirements
for Licensure), §221.4 (relating to Licensure as an APRN), §213.30
(relating to Declaratory Order of Eligibility for Licensure), or the
other remaining subsections of this section.
(4) For a military service member or military spouse
applying for licensure under this subsection, the Board will:
(A) determine whether the jurisdiction in which the
member or spouse is licensed has licensure requirements substantially
equivalent to the requirements for the type of license in this state;
and
(B) not later than 30 days after the date the member
or spouse provides notice of intent to practice in this state and
a copy of the military identification card, verify whether the member
or spouse is licensed in good standing in the jurisdiction in which
the member or spouse is licensed.
(5) While practicing nursing in Texas, the military
service member or spouse must comply with all laws and regulations
applicable to the practice of nursing in Texas.
(6) A military spouse issued a license under this section
may continue to practice under the license until the third anniversary
of its issuance regardless of the occurrence before that date of divorce
or a similar event affecting the license holder's status as a military
spouse.
|
| Source Note: The provisions of this §217.5 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective September 28, 2004, 29 TexReg 9189; amended to be effective April 16, 2006, 31 TexReg 3031; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective July 12, 2010, 35 TexReg 6083; amended to be effective July 26, 2011, 36 TexReg 4660; amended to be effective January 27, 2020, 45 TexReg 551; amended to be effective August 24, 2020, 45 TexReg 5912; amended to be effective March 15, 2022, 47 TexReg 1276; amended to be effective October 13, 2022, 47 TexReg 6581; amended to be effective March 21, 2024, 49 TexReg 1715 |
