Texas Register, Volume 34, Number 19, Pages 2719-2846, May 8, 2009 Page: 2,769
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One of the general purposes of the Compact is to ensure and
encourage the cooperation of party states in the areas of nurse
licensing and regulation. Most other Compact party states do
not offer vocational nurse applicants who have attended a pro-
fessional nursing educational program the option of substituting
the completion of their professional nursing educational pro-
gram for the completion of a vocational educational program in
order that they may take the NCLEX-PN examination. These
Compact party states also do not allow individuals utilizing
such an option in another state to be licensed by endorsement
in their state. The adopted amendments will eliminate this
option in Texas, thus aligning Texas' licensing requirements
for vocational nurses more closely with other Compact party
states. The elimination of this option in Texas should also
enable more vocational nurse licensures by endorsement in
other Compact party states. Lastly, at the Board's regularly
scheduled July 2008 meeting, the Board issued a charge to
the Advisory Committee on Education (Committee) to study
and make recommendations regarding the issues involved with
permitting a student who has partially completed a professional
nursing educational program or graduated from a professional
nursing educational program and then failed the NCLEX-RN
Examination to apply for licensure as a vocational nurse in
Texas by taking the NCLEX-PN Examination. The Committee
addressed this charge during the November 17, 2008 Commit-
tee meeting in Austin and finalized its recommendation to the
Board during the December 15, 2008 Committee conference
call meeting. After a thorough discussion and review of the
issue, the Committee recommended eliminating the possibility
for anyone who has not completed a state-board approved
vocational nursing educational program to apply for licensure in
Texas as a licensed vocational nurse by either examination or
endorsement and recommended any necessary amendments
to 217.2 to achieve this end. The Board's adoption of the
proposed amendments to 217.2(a)(4)(B) is consistent with
the Committee's recommendations on this issue. Further, the
Board does not necessarily disagree that an on-line course
and/or exam may be an appropriate method to teach and test
the role performance and scope of practice appropriate for a
licensed vocational nurse. However, no such course and/or
exam presently exists, and the Board has not considered the
feasibility of such an option. As such, while an online course
and/or exam may be an option for further consideration in the
future, the Board declines to delay or deny adoption of the
proposed amendments to 217.2(a)(4)(B) based upon that
possibility.
NAMES OF THOSE COMMENTING FOR AND AGAINST THE
PROPOSAL.
For: None.
For, with changes: None.
Against: College of the Mainland.
Neither for nor against, with recommended changes: None.
The amendments are adopted pursuant to the authority of the
Occupations Code 301.157, 301.252, 301.259, and 301.151,
which authorizes the Texas Board of Nursing to adopt, enforce,
and repeal rules consistent with its legislative authority under the
Nursing Practice Act.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's
legal authority.Filed with the Office of the Secretary of State on April 24, 2009.
TRD-200901557
James W. Johnston
General Counsel
Texas Board of Nursing
Effective date: May 14, 2009
Proposal publication date: February 20, 2009
For further information, please call: (512) 305-6811
CHAPTER 223. FEES
22 TAC 223.1
The Texas Board of Nursing (Board) adopts amendments to
223.1, concerning Fees. Section 223.1 is adopted without
changes to the proposed text published in the February 20,
2009, issue of the Texas Register (34 TexReg 1176) and will not
be republished.
The amendments to 223.1 (a)(8) are adopted under the Occu-
pations Code 301.151 and 301.155 and are necessary to (i)
implement a new $25 fee, as required by adopted 217.4 of
this title (relating to Requirements For Initial Licensure By Ex-
amination for Nurses Who Graduate from Nursing Education
Programs Outside of United States' Jurisdiction) and (ii) clar-
ify the amount of the fees referenced in 223.1 (a)(8) for the is-
suance of a temporary permit for completing a refresher course
and for the issuance of a temporary permit under the Occupa-
tions Code 301.258. Simultaneously with the adoption of the
amendments to 223.1 (a)(8), the Board is also adopting amend-
ments to 217.4 that will permit nurses meeting specified criteria
to apply to the Board for accustomation permits. These adopted
amendments are also published in this edition of the Texas Reg-
ister. These six month accustomation permits will authorize qual-
ifying nurses to participate in nursing education courses and clin-
ical experiences in Texas. The adopted amendments to 217.4
also require each applicant to submit an accompanying fee to the
Board with each accustomation permit application. As a result,
adopted 223.1 (a)(8) is necessary to implement the fee require-
ments of adopted 217.4. The Occupations Code 301.155(a)
requires the Board to adopt fees in amounts reasonable and nec-
essary to cover the costs of administering the Occupations Code
Chapter 301. The adopted new $25 fee in 223.1 (a)(8) is neces-
sary to cover the costs associated with receiving, reviewing, and
processing an accustomation permit application under adopted
217.4. The adopted amendments to 223.1(a)(8) also clarify
that the fee for the issuance of a temporary permit for completing
a refresher course and the fee for the issuance of a temporary
permit under 301.258 is $25.
The following is a section-by-section overview of the adopted
amendments.
Section 223.1. Fees. Adopted 223.1 (a)(8) provides that the is-
suance of a temporary permit for completing a refresher course,
a temporary permit under 301.258, or an accustomation permit
is $25.
The Board did not receive any comments on the proposed
amendments.
The amendments are adopted under the Occupations Code
301.155 and 301.151. The Occupations Code 301.155
provides that the Board by rule shall establish fees in amounts
reasonable and necessary to cover the costs of administeringADOPTED RULES May 8, 2009
34 TexReg 2769
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Texas. Secretary of State. Texas Register, Volume 34, Number 19, Pages 2719-2846, May 8, 2009, periodical, May 8, 2009; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth90851/m1/48/?rotate=270: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.