Texas Register, Volume 36, Number 22, Pages 3363-3554, June 3, 2011 Page: 3,396
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cation 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 comple-
tion 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
(B) the Texas Board of Nursing Jurisprudence and
Ethics Workshop; or
(C) a Texas Board of Nursing approved Nursing Ju-
risprudence and Ethics course; and
(4) after completing the requirements of paragraphs (1) -
(3) of this subsection, submit to the Board verification of the comple-
tion of the requirements of subsection (a)(1) - (8) of this section.
A nurse wh has et pratied nursing within the four
years immediately ..... eequest4f tempora 7eensre shal4
meet the requirements as stated in 2- 7 9 of this tite (relating t ao Ine-
(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
(1) Application for Six Month Temporary Permit (RN);
(2) Application for Six Month Temporary Permit (LVN).
(d) [(-)] 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.
(e) [()] 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.
(f) [(e)] 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.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on May 19, 2011.
Assistant General Counsel
Texas Board of Nursing
Earliest possible date of adoption: July 3, 2011
For further information, please call: (512) 305-6822
CHAPTER 221. ADVANCED PRACTICE
22 TAC 221.6
Introduction. The Texas Board of Nursing (Board) proposes
amendments to 221.6 (relating to Interim Approval). The
amendments are proposed under the authority of the Oc-
cupations Code 301.152, 301.258, and 301.151 and are
necessary to eliminate "interim approval" for certain individuals.
Currently, Board Rule 221.6 permits an applicant for advanced
practice registered nurse licensure to practice in an advanced
practice role (without prescriptive authority) while his/her appli-
cation is being reviewed by the Board for final approval. This
"interim approval" also permits new graduates from advanced
practice nursing educational programs to practice prior to sitting
for their national certification examinations. An applicant's "in-
terim approval" immediately expires, however, upon notification
from a national certifying body that the individual has failed the
national certification examination. Further, the applicant is re-
quired to immediately notify the Board of the examination results.
Despite these requirements, many applicants fail to promptly no-
tify the Board of their examination results. Further, the vast ma-
jority of national certifying bodies do not notify the Board of ex-
amination results. Consequently, Board Staff may not learn that
an applicant with "interim approval" has failed a national certifi-
cation examination until 9 - 12 months after the fact. Meanwhile,
in most cases, the applicant has continued to practice in an ad-
vanced practice role under his/her "interim approval." These situ-
ations create a risk to the public health and safety. National certi-
fication examinations are designed to test an applicant's compe-
tency in a specific advanced practice role and population focus
area. If an applicant is unable to successfully pass a certification
examination, the applicant may not be able to safely practice in
an advanced practice role.
This issue was considered by the Advanced Practice Nursing
Advisory Committee (Committee) at its October 4, 2010, and De-
cember 13, 2010, meetings. Following its discussions, the Com-
mittee unanimously voted to recommend that the Board elimi-
nate "interim approval" for new graduates of advanced practice
nursing educational programs who had not successfully passed
an appropriate national certification examination. The Board
considered the Committee's recommendation and the proposed
amendments at its April, 2011, meeting, and voted to approve
the proposed amendments.
The Board's mission is to protect the health, safety, and wel-
fare of the public. The proposed amendments are designed to
effectuate this mission. Under the proposed amendments, "in-
terim approval" will only be granted to applicants who meet all
of the requirements for permanent licensure, including passing
a national certification examination in an appropriate advanced
practice role and population focus area. Further, new gradu-
ates of advanced practice nursing educational programs will only
be eligible to receive "interim approval" if they have successfully
passed an appropriate national certification examination. Finally,
"interim approval" will remain available for applicants who have
successfully passed an appropriate national certification exam-
ination and are seeking endorsement from another state. By
requiring applicants to pass a national certification examination
before receiving "interim approval," the Board can ensure that
36 TexReg 3396 June 3, 2011
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Texas. Secretary of State. Texas Register, Volume 36, Number 22, Pages 3363-3554, June 3, 2011, periodical, June 3, 2011; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth176622/m1/32/: accessed October 24, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.