EMERGENCY RULESAn agency may adopt a new or amended section or repeal an existing section on an emergency basis if it determines that such action is necessary for the public health, safety, or welfare of this state. The section may become effective immediately upon filing with the Texas Register, or on a stated date less than 20 days after filing and remaining in effect no more than 120 days. The emergency action is renewable once for no more than 60 additional days. Symbology in amended emergency sections. New language added to an existing section is indicated by the use of bold text. [Brackets] indicate deletion of existing material within a section. TITLE 22. EXAMINING BOARDS PART XI. Board of Nurse Examiners CHAPTER 217.Licensure and Practice 22 TAC sec.sec.217.1, 217.3, 217.5-217.6 The Board of Nurse Examiners adopts, on an emergency basis, amendments to sec.sec.217.1, 217.3, and 217.5-217.6, concerning Definitions, Temporary Permit, Temporary License and Endorsement and Requirements for Licensure of Nurses Not Eligible for Temporary Licensure or Endorsement Under sec.217.5. In October 1981, the Board of Nurse Examiners began accepting the Canadian Nurses' Association Testing Service Examination (CNATSE) as equivalent to the licensure examination in the United States. The pass rate for Canadian graduates dropped from 89% in 1994 to 66% in 1996. Review of the CNATSE by the National Council of State Boards of Nursing Committee has been unable to determine equivalency between the NCLEX-RN and CNATSE. The low pass rate is posing an imminent and unreasonable risk to public safety. The emergency amendments are proposed under the Nursing Practice Act, (Texas Civil Statutes), Article 4514, sec.1, which provides the Board of Nurse Examiners with the authority and power to make and enforce all rules and regulations necessary for the performance of its duties and conducting of proceedings before it and Article 4525(a) which authorizes the Board to refuse to admit persons to the licensing examination and Government Code, 2001.034, which provides for the adoption of administrative rules on an emergency basis. sec.217.1.Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise: ["Canadian Nurses' Association Testing Service Examination (CNATSE)" -The test used by Canadian licensing authorities to measure minimal competence for licensure as a registered nurse formerly and is recognized by the board.] "Candidate" - An individual who has completed an accredited nursing program and has been approved to take
    [write] the National Council Licensure Examination for Registered Nurses. Commission on Graduates of Foreign Nursing Schools (CGFNS) Certificate"
      - Documentation that verifies the educational credentials and CGFNS examination results of graduates of foreign nursing schools.
        Graduate of a foreign nursing school
          - An individual who graduated from a post-secondary nursing education program that prepares professional nurse generalists for licensure and is accredited by a governmental authority.
            "Jurisdiction" - A state or territory of the United States using the National Council Licensure Examination for Registered Nurses (NCLEX-RN) [or a province of Canada using the Canadian Nurses' Association Testing Service Examination (CNATSE)] as the licensing examination. sec. 217.3.Temporary Permit. (a) United States [and Canadian] candidates eligible for temporary permits. (1) New graduates of accredited nursing programs in the United States [or Canada] who are applying for initial licensure in Texas will be issued a temporary permit after they have been determined eligible. (2)-(3) (No change.) (b) Foreign candidates eligible for temporary permits. (1) Graduates of accredited nursing programs located outside of the United States [or Canada] will be issued a temporary permit if the following conditions are met. (A) The candidate has never written the SBTPE[,] or
              NCLEX-RN [or CNATSE]; (B)-(C) (No change.) (2)-(4) (No change.) (c)-(d) (No change.) sec.217.5.Temporary License and Endorsement. (a) The requirements to obtain a temporary license which is valid for 12 weeks and is not renewable, are as follows: (1) (No change.) (2) Satisfactorily completing the licensure examination as follows: (A)-(C) (No change.) [(D) Candidates taking the CNATSE prior to August 1980 must make a minimum score of 350 on each of the five parts of the CNATSE. [(E) Effective with the August 1980 CNATSE, a score of 400 is required for licensure.] (3) (No change.) (4) Filing of a notarized application for temporary licensure containing the following: (A)-(D) (No change.) (E)
                [(F)] a recent, fade-proof identification photograph, properly identified; and (F)
                  [(G)] the required licensure fee, which is not refundable. [(E) evidence of English proficiency by Canadian applicants who took the CNATSE in French;] (5)
                    [(6)] Nurses who have not practiced professional nursing within the four years immediately preceding the request for temporary licensure, shall meet the requirements as stated in sec.217.8 of this title (relating to Inactive Status). (6)
                      [(7)] Nurses who have had disciplinary action at any time by any licensing authority are not eligible for temporary licensure. [(5) Any applicant applying for temporary licensure who has taken or is scheduled to take both the NCLEX-RN and the CNATSE will be licensed based on the results of the NCLEX-RN.] (b)-(c) (No change.) sec.217.6.Requirements for Licensure of Nurses Not Eligible for Temporary Licensure or Endorsement Under sec.217.5. (a) (No change.) (b) An applicant applying for licensure under this section must file a notarized application for registration containing the following: (1)-(5) (No change.) (6) [except for Canadian graduates,] evidence of passing the Commission on Graduates of Foreign Nursing Schools examination or its equivalent; (7)
                        [(8)] required licensure fee and, when applicable, temporary permit fee; and (8)
                          [(9)] a written statement of the applicant's licensure status from each licensing authority and jurisdiction in which the applicant is or has been licensed, which includes the seal of each licensing authority and signature of each executive officer or designee. [(7) evidence of English proficiency by Canadian applicants who took the CNATSE in French;] (c)-(d) (No change.) Issued in Austin, Texas, on May 27, 1997. TRD-9706879 Katherine A. Thomas, MN, RN Executive Director Board of Nurse Examiners Effective date: May 27, 1997 Expiration date: September 24, 1997 For further information, please call: (512) 305-6811