Texas Register, Volume 37, Number 2, Pages 85-146, January 13, 2012 Page: 120
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TITLE 22. EXAMINING BOARDS
PART 11. TEXAS BOARD OF NURSING
CHAPTER 217. LICENSURE, PEER
ASSISTANCE AND PRACTICE
22 TAC 217.6
Introduction. The Texas Board of Nursing (Board) adopts
amendments to 217.6 (relating to Failure to Renew License)
without changes to the proposed text as published in the
November 25, 2011, issue of the Texas Register (36 TexReg
7957) and will not be republished.
Reasoned Justification. The amendments are adopted under the
authority of the Occupations Code 51.404, 55.004, 301.155,
301.251, 301.2511, 301.252, 301.259, 301.260, 301.303, and
301.151 and are necessary to implement the requirements of
Senate Bill (SB) 1733, enacted by the 82nd Legislature, Regular
Session, effective June 17, 2011.
Military spouses (spouses of members of the United States'
armed forces serving on active duty) face a variety of unique
challenges. One such challenge is obtaining occupational
licensure following relocation to a new state. SB 1733 was
enacted to simplify the occupational licensure process in this
state for military spouses. (See Bill Analysis, Enrolled Version,
July 22, 2011.) SB 1733 requires state agencies to adopt
rules regarding the licensure process for: (i) military spouses
holding a current license from another state; and (ii) military
spouses holding an expired Texas license. Further, SB 1733
requires state agencies to allow for alternative demonstrations
of competency for occupational licensure. Finally, SB 1733
authorizes the executive directors of state agencies to issue
military spouses an occupational license by endorsement.
Board Rule 217.5 sets forth the Board's current requirements for
licensure by endorsement. Under the Board's current require-
ments, an individual seeking licensure by endorsement must
complete an endorsement application; submit a processing
fee; submit fingerprints for a criminal background check, as
authorized by the Occupations Code 301.2511; submit proof
of graduation from an approved nursing education program;
submit proof of successfully passing the NCLEX licensing
examination; submit proof of licensure by another United States
jurisdiction; and submit proof of successfully passing the Texas
Jurisprudence Exam, as authorized by the Occupations Code
301.252. In the event that an individual has not practiced
nursing within the four years immediately preceding the request
for licensure by endorsement, the individual must also complete
a refresher course, extensive orientation to the practice of
nursing, or a nursing program of study and a jurisprudence prep
course, a jurisprudence and ethics workshop, or an approved
jurisprudence and ethics course.
The Board has reviewed its current requirements for issuing a
license by endorsement and has determined that each of its
current requirements are necessary to ensure that its licensees
are safe and competent to practice nursing in this state. For
example, under the Board's current requirements, an applicant
must submit proof of graduating from an approved nursing ed-
ucation program and successfully passing the NCLEX licensing
examination. Such requirements are necessary to ensure that
an applicant possesses the minimum amount of knowledge and
skill to practice nursing safely. Further, successful completion
of the Texas Jurisprudence Exam is necessary to test an appli-
cant's knowledge of the statutes, regulations, and practice re-
quirements that apply to nursing practice in this state. The re-
mainder of the requirements are necessary to ensure that ap-
plicants do not have a criminal history that may disqualify them
from licensure and to ensure the efficient and orderly processing
of the application. As a result, the Board has determined that
none of its current endorsement requirements should be modi-
fied or waived for military spouse applicants.
Board Rule 217.6 sets forth the Board's current requirements for
reactivating an expired or delinquent license. Under the Board's
current requirements, an individual who fails to maintain his/her
license for a period of less than four years may reactivate his/her
license by completing 20 contact hours of continuing education,
submitting a reactivation application to the Board, and paying the
current licensure fee, plus a late fee and fine. An individual who
has failed to maintain his/her license for a period of four or more
years, but has practiced nursing in another jurisdiction within that
time period, must also complete a jurisprudence prep course, ju-
risprudence and ethics workshop, or an approved jurisprudence
and ethics course and successfully complete the Texas Jurispru-
dence Exam, as authorized by the Occupations Code 301.252.
An individual who has failed to maintain his/her license for a pe-
riod of four or more years and has not practiced nursing within
that time period must also complete a refresher course, exten-
sive orientation to the practice of nursing, or a nursing program
of study. Much like the Board's requirements for licensure by en-
dorsement, the majority of these requirements are also neces-
sary to ensure the competency and safety of licensees practicing
in this state. However, the Board has determined that two of its
current requirements could be modified to simplify the licensure
process for military spouse applicants without compromising the
safety of the public.
First, the Board has determined that military spouse applicants
should not be required to pay the late fees and fines normally re-
quired for reactivating an expired or delinquent license. Because
military spouses are often transferred from state to state with lit-
tle notice, the Board has determined that the purpose of the late
fees and fines, which is to encourage a licensee's timely renewal,
is not applicable in such situations. As such, the adopted amend-
ments exempt military spouse applicants from paying these late
fees and fines. However, only those military spouse applicants
who submit a reactivation application to the Board in paper form
will be exempt from paying these late fees and fines. This is
because the Board's online system is unable to process applica-
tions that are not accompanied by full payment of the late fees
and fines normally required for the reactivation of an expired or
delinquent license. Because the Board is unable to alter its on-
line system at this time, the adopted amendments specifically
require the reactivation application to be submitted in paper form
in order for a military spouse applicant to receive this exemption.
Second, in compliance with the provisions of SB 1733, the Board
has determined that military spouse applicants who have prac-
ticed nursing in another jurisdiction within the four years immedi-
ately preceding a reactivation application are exempt from com-
pleting 20 contact hours of continuing education. This exemp-
tion not only allows these applicants to demonstrate their com-
petency to practice through alternative means, as mandated by
SB 1733, but it also protects the health and safety of the public
by ensuring that an applicant has recently practiced nursing in
another jurisdiction and is a safe and competent practitioner.
37 TexReg 120 January 13, 2012
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Texas. Secretary of State. Texas Register, Volume 37, Number 2, Pages 85-146, January 13, 2012, periodical, January 13, 2012; Austin, Texas. (texashistory.unt.edu/ark:/67531/metapth215966/m1/33/: accessed November 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.