22 TAC §217.5
The Board of Nurse Examiners proposes an amendment to §217.5,
concerning Temporary License and Endorsement.
The proposed amendment will harmonize the procedures and fees charged for
eligibility determination for examination applicants, declaratory order petitioners
and endorsees by equalizing the procedures and fees applied to all persons
seeking licensure, regardless of the method of entry.
Katherine A. Thomas, MN, RN, executive director, has determined that there
will be no fiscal implications for state or local government as a result
of enforcing or administering the rule.
There will be no effect on local government nor businesses to comply with
the rule.
Katherine A. Thomas, MN, RN, executive director, has determined that for
each year of the first five years the rule as proposed will be in effect
the public is not affected.
Written comments on the proposed amendment may be submitted to Katherine
Thomas, Board of Nurse Examiners, P.O. Box 430; Austin, Texas 78767.
The amendment is proposed under the Nursing Practice Act, (Texas
Civil Statutes), Article 4514, §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.
Article 4525(a) is affected by this section.
§217.5. Temporary License and Endorsement.
(a)-(c)
(No change.)
(d)
Should it be ascertained from the application filed, or
from other sources, that the applicant should have had an eligibility issue
settled by way of a Petition for Declaratory Order, (see Texas Civil Statutes,
Article 4525(a) and 213.27, 213.28 and 213.29 of this Chapter relating to
Good Professional Character, Licensure of Persons with Criminal Convictions
and Eligibility and Disciplinary Criteria Regarding Intemperate Use and Lack
of Fitness) then the application will be treated and processed as a Petition
for Declaratory Order and the applicant will be required to pay the appropriate
fees for determination of eligibility which are not refundable. Should the
Board finally determine that the individual is not eligible
for licensure
as a professional nurse in Texas
[
to be admitted to the examination
], then that individual is precluded from again petitioning, or applying
to the Board for
licensure until
[
admission to the examination
except when
] the impediment to eligibility for licensure has been removed,
such as when an applicant receives a full and unconditional pardon for prior
criminal convictions.
Filed with the Office of the Secretary of State,
on March 19, 1998.
TRD-9804006
Katherine A. Thomas, MN, RN
Executive Director
Board of Nurse Examiners
Effective date: March 19, 1998
Expiration date: July 17, 1998
For further information, please call: (512) 305-6811