| (a) Application for Initial Licensure as an APRN.
(1) An applicant for licensure as an APRN in this state
shall submit to the Board the required fee specified in §223.1
of this title (relating to Fees), verification of licensure or privilege
to practice as a registered nurse in Texas, and a completed application
that provides the following information:
(A) Graduation from an APRN graduate or post-graduate
program, as evidenced by official documentation received directly
from an APRN education program accredited by a nursing accrediting
body that is recognized by the Board and the U.S. Secretary of Education
and/or the Council for Higher Education Accreditation (CHEA), or its
successor organization, as recognized by the Board; and
(B) Documentation of education shall verify the date
of graduation; credential conferred; number of clinical hours completed;
completion of three separate graduate level courses in advanced physiology
and pathophysiology; advanced health assessment; advanced pharmacology
that includes pharmacodynamics, pharmacokinetics, and pharmacotherapeutics
of all broad categories of agents; role and population focus area
of the education program; and evidence of meeting the standards of
APRN education set forth in this rule.
(2) In order to be licensed in this state, all APRN
applicants must be currently licensed as a registered nurse in Texas
or hold a current privilege to practice as a registered nurse in Texas.
(3) In order to be licensed in this state, all APRN
applicants must take and pass the appropriate APRN national certification
examination in the APRN role and population focus congruent with the
applicant's educational preparation. Only those national certification
examination(s) recognized by the Board for each APRN role and population
focus area shall be accepted. Certification must remain current at
all times.
(4) Identification of any state, territory, or country
in which the applicant holds or previously held a professional license
or credential, if applicable, must be provided. Required information
includes:
(A) The number, type, and status of the license or
credential; and
(B) The original state or country of licensure or credentialing.
(5) An applicant must provide the date and jurisdiction
the applicant previously applied for a license in another jurisdiction
and either was denied a license, withdrew the application, or allowed
the application to expire, as applicable.
(6) An applicant must provide a detailed explanation
and supporting documentation for each affirmative answer to questions
regarding the applicant's eligibility for licensure.
(7) An individual who has reason to believe that he
or she may be ineligible for APRN licensure or prescriptive authorization
may petition the Board for a declaratory order as to his or her eligibility
by submitting a petition, on forms provided by the Board, and the
fee required in §223.1 of this title (relating to Fees).
(A) The petition shall include:
(i) a statement by the individual indicating the reason(s)
and basis of his/her potential ineligibility;
(ii) if the potential ineligibility is due to the individual's
criminal history, all court documents, including, but not limited
to: indictments, agreements for pre-trial diversion or deferred prosecution,
orders of deferred adjudication, judgments, probation records, and
evidence of completion of probation, as applicable;
(iii) if the potential ineligibility is due to the
individual's mental health condition or diminished capacity, verifiable
and reliable evidence of controlled behavior and consistent compliance
with recommended treatment, including compliance with a prescribed
medication regime, for a reasonable amount of time, as applicable;
(iv) if the potential ineligibility is due to the individual's
substance use disorder and/or the abuse/misuse of alcohol or drugs,
verifiable and reliable evidence of sobriety and abstinence from drugs
and alcohol, which may include evidence of the completion of inpatient,
outpatient, or aftercare treatment, random drug screens, individual
or group therapy, and/or support group attendance; and
(v) an evaluation that meets the criteria of the Occupations
Code §301.4521 and §213.33 of this title (relating to Factors
Considered for Imposition of Penalties/Sanctions), if applicable.
(B) Once the Board has received all necessary information,
including the information required by subparagraph (A) of this paragraph,
an investigation shall be conducted. The investigation will be based
upon an evaluation of the individualized factors of the case, the
potential risk of harm the individual's practice may pose to patients/clients
and/or the public, and the individual's ability to meet the requirements
of §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, as applicable. Based
upon the individualized facts of the case, the Board may approve licensure
or prescriptive authorization without encumbrance, impose probationary
conditions or restrictions on the individual's ability to practice
advanced practice nursing in this state, or limit or deny licensure
or prescriptive authorization.
(C) If the Executive Director proposes to find the
individual ineligible for licensure or prescriptive authorization,
the individual may obtain a hearing before the State Office of Administrative
Hearings (SOAH). The Executive Director shall have discretion to set
a hearing and give notice of the hearing. The hearing shall be conducted
in accordance with §213.22 of this title (relating to Formal
Proceedings) and the rules of SOAH. When in conflict, SOAH's rules
of procedure will prevail. The decision of the Board shall be rendered
in accordance with §213.23 of this title (relating to Decision
of the Board).
(D) An individual whose petition is denied may re-petition
or seek licensure or prescriptive authorization after the expiration
of one year from the date of the proposal to deny eligibility.
(8) An applicant must attest, on forms provided by
the Board, to having completed a minimum of 400 hours of current practice
with the last 24 calendar months in the APRN role and population focus
area for which the applicant is applying, unless the applicant has
completed an APRN education program in the advanced practice role
and population focus area within the last 24 calendar months.
(A) If less than four years, but more than two years,
have lapsed since completion of the APRN education program, and/or
the applicant does not have 400 hours of current practice in the APRN
role and population focus area during the previous 24 calendar months,
the APRN shall be required to demonstrate proof of completion of 400
hours of current practice obtained under the direct supervision of
a qualified preceptor who meets the requirements of §221.10 of
this chapter (relating to Reactivation or Reinstatement of APRN Licensure).
(B) If more than four years have lapsed since completion
of the APRN education program, and/or the applicant has not practiced
in the APRN role during the previous four years, the applicant shall
successfully complete a refresher course or extensive orientation
in the appropriate APRN role and population focus area that includes
a supervised clinical component by a qualified preceptor who meets
the requirements of §221.10 of this chapter.
(i) The course(s)/orientation shall be of sufficient
length to satisfy the learning needs of the applicant and to assure
that he/she meets the minimum standard for safe, competent care and
include a minimum of 400 hours of current practice as described in
this paragraph. The course(s)/orientation shall cover the entire scope
of the authorized APRN role and population focus area. Content shall
comply with the requirements specified in the form titled "Requirements
for APRN Refresher Course or Extensive Orientation", which is adopted
by reference in §221.10 of this chapter.
(ii) The preceptor must provide written verification
of satisfactory completion of the refresher course/extensive orientation
on forms provided by the Board and assurance that the individual has
reviewed current practice-related information pertinent to his/her
APRN role and population focus area.
(9) An applicant must attest, on forms provided by
the Board, to having obtained 20 contact hours of continuing education
within the last 24 calendar months appropriate for the APRN role and
population focus area for which the applicant is applying. Continuing
education in the APRN role and population focus area must meet the
requirements of Chapter 216 of this title (relating to Continuing
Competency). The 20 contact hours required for RN licensure may be
met by the 20 hours required by this paragraph.
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