Texas Register, Volume 37, Number 2, Pages 85-146, January 13, 2012 Page: 122
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passed the jurisprudence examination approved by the Board
as provided by 301.252(a-1).
Section 301.252(a-1) states that the jurisprudence examination
shall be conducted on the licensing requirements under Chapter
301 and Board rules and other laws, rules, or regulations applica-
ble to the nursing profession in this state. The Board shall adopt
rules for the jurisprudence examination under 301.252(a)(3) re-
garding: (i) the development of the examination; (ii) applicable
fees; (iii) administration of the examination; (iv) reexamination
procedures; (v) grading procedures; and (vi) notice of results.
Section 301.252(b) provides that the Board may waive the re-
quirement of 301.252(a)(2) for a vocational nurse applicant if
the applicant provides satisfactory sworn evidence that the ap-
plicant has completed an acceptable level of education in: (i) a
professional nursing school approved under 301.157(d); or (ii)
a school of professional nurse education located in another state
or a foreign country.
Section 301.252(c) states that the Board by rule shall determine
acceptable levels of education under 301.252(b).
Section 301.259 states that, on payment of a fee established by
the Board, the Board may issue a license to practice as a reg-
istered nurse or vocational nurse in this state by endorsement
without examination to an applicant who holds a registration cer-
tificate as a registered nurse or vocational nurse, as applicable,
issued by a territory or possession of the United States or a for-
eign country if the Board determines that the issuing agency of
the territory or possession of the United States or foreign coun-
try required in its examination the same general degree of fitness
required by this state.
Section 301.260(a) provides that an applicant for a license under
Chapter 301 who is licensed as a registered nurse or vocational
nurse by another state may qualify for a temporary license by en-
dorsement to practice as a registered nurse or vocational nurse,
as applicable, by submitting to the Board: (i) an endorsement
fee as determined by the Board and a completed sworn appli-
cation in the form prescribed by the Board; (ii) evidence that the
person possessed, at the time of initial licensing as a nurse, the
other qualifications necessary at that time to have been eligible
for licensing in this state; and (iii) proof of initial licensing by ex-
amination and proof that the license and any other license issued
to the applicant by another state have not been suspended, re-
voked, canceled, surrendered, or otherwise restricted.
Section 301.260(b) states that a holder of a temporary license
under 301.260 is entitled to receive a permanent license if the
applicant: (i) verifies the applicant's academic and professional
credentials; and (ii) satisfies any other requirement established
Section 301.260(c) states that the Board shall grant or deny an
application for a permanent license not later than the 180th day
after the date the Board receives all required forms or informa-
tion. The Board may extend that deadline to allow for the receipt
and tabulation of examination results.
Section 301.303(a) states that the Board may recognize, pre-
pare, or implement continuing competency programs for license
holders under Chapter 301 and may require participation in con-
tinuing competency programs as a condition of renewal of a li-
cense. Further, the programs may allow a license holder to
demonstrate competency through various methods, including:
(i) completion of targeted continuing education programs; and
(ii) consideration of a license holder's professional portfolio, in-
cluding certifications held by the license holder.
Section 301.303(b) provides that the Board may not require par-
ticipation in more than a total of 20 hours of continuing education
in a two-year licensing period.
Section 301.303(c) states that, if the Board requires participa-
tion in continuing education programs as a condition of license
renewal, the Board by rule shall establish a system for the ap-
proval of programs and providers of continuing education.
Section 301.303(e) states that the Board may adopt other rules
as necessary to implement 301.303.
Section 301.303(f) states that the Board may assess each pro-
gram and provider under 301.303 a fee in an amount that is
reasonable and necessary to defray the costs incurred in ap-
proving programs and providers.
Section 301.303(g) provides that the Board by rule may estab-
lish guidelines for targeted continuing education required under
Chapter 301. The rules adopted under 301.303(g) must ad-
dress: (i) the nurses who are required to complete the targeted
continuing education program; (ii) the type of courses that sat-
isfy the targeted continuing education requirement; (iii) the time
in which a nurse is required to complete the targeted continu-
ing education; (iv) the frequency with which a nurse is required
to meet the targeted continuing education requirement; and (v)
any other requirement considered necessary by the Board.
Section 301.151 authorizes the Board to adopt and enforce rules
consistent with Chapter 301 and necessary to: (i) perform its
duties and conduct proceedings before the Board; (ii) regulate
the practice of professional nursing and vocational nursing; (iii)
establish standards of professional conduct for license holders
Chapter 301; and (iv) determine whether an act constitutes the
practice of professional nursing or vocational nursing.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
Filed with the Office of the Secretary of State on December 28,
Assistant General Counsel
Texas Board of Nursing
Effective date: January 17, 2012
Proposal publication date: November 25, 2011
For further information, please call: (512) 305-6822
22 TAC 217.9
Introduction. The Texas Board of Nursing (Board) adopts
amendments to 217.9 (relating to Inactive Status) without
changes to the proposed text published in the November 25,
2011, issue of the Texas Register(36 TexReg 7961) and will not
Reasoned Justification. The amendments are adopted under the
authority of the Occupations Code 301.261 and 301.151 and
are necessary to implement the requirements of Senate Bill (SB)
193, enacted by the 82nd Legislature, Regular Session, effective
September 1, 2011.
37 TexReg 122 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/m1/35/: accessed November 14, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.