<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 22EXAMINING BOARDS
PART 11TEXAS BOARD OF NURSING
CHAPTER 217LICENSURE, PEER ASSISTANCE AND PRACTICE
RULE §217.6Failure to Renew License

(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 course completion form from one of the following:

    (A) the online Texas Board of Nursing Jurisprudence Prep Course;

    (B) the Texas Board of Nursing Jurisprudence and Ethics Workshop; or

    (C) a Texas Board of Nursing approved Nursing Jurisprudence and Ethics course;

  (4) submit to the Board a certificate of completion from the Texas Nursing Jurisprudence Exam;

  (5) submit to the Board a completed reactivation application;

  (6) submit to the Board the current, non-refundable licensure fee, plus a late fee and any applicable fines which are not refundable; and

  (7) 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) - (7) 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, in paper form, that meets the applicable requirements of this section; 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.

  (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.


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

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page