Emergency Sections 
 An 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, for no more than 120 days. The emergency action is 
renewable once for no more than 60 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 XII. Board of Vocational Nurse Examiners 
  Chapter 235. Licensing 
  
  Application for Licensure 
 
  22 TAC sec.sec.235.5-235.7, 235.9, 235.11, 235.14-235.16 
 
  The Board of Vocational Nurse Examiners adopts on an emergency basis 
sec.sec.235.5-235.7, 235.9, 235.11, and 235.14-235.16, concerning Application 
for Licensure. 
 The rules are adopted to comply with the revisions of the Vocational Nurse Act 
effective September 1, 1993. 
 The amendments are adopted under Texas Civil Statutes, Article 4528c, sec.5(g), 
which provide the Board of Vocational Nurse Examiners with the authority to make 
such rules and regulations as may be necessary to carry in effect the purposes 
of the law. 
 
 
  sec.235.5. Qualifications for Licensure by Examination on Basis of 
Professional Nursing Education. An undergraduate shall: 
 
  (1) meet all of the qualifications for license by examination as listed in 
sec.235.4 of this title (relating to Qualifications for Licensure by 
Examination), but may substitute <nl>completion of an acceptable level of 
education as determined by the board in a nursing school approved by the State 
Board of Nurse Examiners of Texas or in some other school of professional nurse 
education located in another state, the District of Columbia, a possession of 
the United States, or a foreign country.<ol> [two or more years of attendance in 
a school of professional nursing program approved by the Board of Nurse 
Examiners for the State of Texas or a similar board of another state; and in the 
two or more years of attendance,] <nl>The <ol> [the] candidate must: 
   
  (2) have completed satisfactorily curriculum comparable to the 
<nl>curriculum<ol> requirements <nl>for graduates of approved vocational nursing 
programs in Texas<ol> [of the Board of Vocational Nurse Examiners]; 
   
  (3) be allowed <nl>three<ol> [four] opportunities for the licensing 
examination; one initial and <nl>two<ol> [three] reexaminations within <nl>one 
year<ol> [two years] of first time eligible. 
 
     
  sec.235.6. Applications for Licensure by Endorsements.  An applicant for 
licensure in Texas by endorsement shall: 
 
  (1) have satisfactorily completed theory and clinical practice as identified 
in specific provisions of sec.233.58(d) of this title (relating to Curriculum 
Requirements) as evaluated by professional staff of the Division of Education; 
   
  (2) be a graduate of an approved vocational/practical nursing program or have 
completed <nl>an acceptable level of education as determined by the board in a 
nursing school approved by the State Board of Nurse Examiners of Texas or in 
some other state, the District of Columbia, a possession of the United States, 
or a foreign country<ol> [at least two years in a professional nursing program]; 
   
  <nl>(3) have possessed at the time of initial licensing as a vocational nurse 
the qualifications necessary to have been eligible for licensing at that time in 
this state; 
   
  <nl>(4) have completed training, education, or examination requirements 
specified by the board in lieu of the requirements of subsection (2) of this 
rule; 
   
  <nl>(5)<ol>[(3)] have achieved a passing score acceptable to Texas on the  
<nl>national examination<ol> [National League for Nursing (NLN) Examination or 
the National Council Licensure Examination (NCLEX)] for practical/vocational 
nurses; 
   
  <nl>(6)<ol>[(4)] hold a current vocational/practical nurse license in another 
state; 
   
  <nl>(7)<ol>](5)] show employment in the nursing profession within the past 
<nl>four <ol> [five] years or evidence of a <nl>completed<ol> refresher course 
or completion of supervised employment for a specified period <nl>and a copy of 
the job description<ol>; 
   
  <nl>(8) submit to the Board a notice of sponsorship of the applicant by the 
holder of a Texas health care professional license under whom the applicant will 
practice; 
   
  <nl>(9)<ol>[(6)] file another application if original application is not 
completed within six months; 
   
  <nl>(10)<ol>[(7)] not be refunded fees. 
 
     
  sec.235.7. Graduates of Vocational Nursing Programs.  Applicants who fail the 
<nl>national<ol> [NCLEX-PN] examination must submit reexamination and testing 
service applications and fees. Applicants who fail the <nl>national<ol> [NCLEX-
PN] examination will be allowed to rewrite the examination within <nl>one 
year<ol> [two years] of first time eligible after graduation, allowing <nl>three 
<ol> [four] opportunities to write. Applicants who do not successfully pass this 
national examination within  <nl>one year<ol> [two years] of eligibility must 
repeat the entire curricula. 
 
   
  sec.235.9. Application Fees. 
 
  (a) Application for Examination and Application for Licensure fees shall: 
 
  (1) be payable to the Board of Vocational Nurse Examiners and mailed directly 
to the Board office or as designated by the board; 
   
  (2) be due on established deadline dates; 
   
  (3) accompany the designated application; 
   
  (4) be submitted in the form of cash, cashier's check, money order, individual 
institutional check, or state warrant; and 
   
  (5) be nonrefundable. 
     
  (b) Personal checks are not acceptable. The board assumes no responsibility 
for loss in transit of cash remittances. Each application for examination and 
licensure as a vocational nurse under Texas Civil Statutes, Article 4528 (c), 
sec.6 and  s7, shall be accompanied by the correct fee [as stated in  s9 of the 
Act]. 
 
     
  sec.635.11. Policies Concerning Professional Graduates.   Graduates of a 
professional nursing program will be eligible to write the examination for 
vocational nurse licensure once the graduate has unsuccessfully written the 
registered nurse licensure examination administered by the Board of Nurse 
Examiners. The professional nurse graduate will be allowed <nl>three<ol> [four] 
opportunities for the licensing examination; one initial and <nl>two<ol> [three] 
reexaminations to have commenced within <nl>one year<ol> [two years] of the  
<nl>applicant's notification<ol> [registered nurse notification of the 
applicant] of first failure of the registered nurse licensure examination. 
 
   
  sec.235.14. Failure to Make Application for the Licensing Examination Within  
<nl>One Year<ol> [Two Years] of Graduation. Graduates who do not apply to write 
the examination within  <nl>one year<ol> [two years] of graduation will not be 
eligible. 
 
   
  sec.235.15. Out-of-State Practical/Vocational Nurse Graduate.  An out-of-state 
graduate shall: 
 
  (1) meet all of the qualifications for licensure by examination; 
   
  (2) provide evidence of satisfactory completion of curricula inclusive of 
maternal-child nursing, medical-surgical nursing, and pharmacology (A grade of C 
or 70% evidences satisfactory completion.); 
   
  (3) be allowed to rewrite the examination within  <nl>one year<ol> [two years] 
of the first time eligible after graduation, allowing  <nl>three<ol> [four] 
opportunities to write; 
   
  (4) be allowed <nl>three<ol> [four] opportunities for the licensing 
examination; one initial and <nl>two<ol> [three] reexamination opportunities 
within <nl>one year<ol> [two years] of first time scheduled, if licensed by a 
board-constructed examination; and 
   
  (5) file another application if original application is not completed within 
six months. 
 
     
  sec.236.16. Request to Extend <nl>One [Two]-Year Limit Regarding Rewriting 
Examination. <ol> The following specified criteria for legitimate excuse shall 
apply only to persons failing to appear for the last opportunity to establish 
eligibility for extension of the <nl>one<ol>-[two] year limit. The applicant 
shall, within four weeks following the last opportunity for the licensing 
examination, provide to the board: 
 
  (1) evidence of personal illness, personal injury, or personal medical 
emergency as verified by a physician's statement, including the name and address 
of the physician; 
   
  (2) a notorized affidavit by the applicant showing evidence of a death of a 
member of the immediate family (grandparents, parents, parents-in-law, siblings, 
spouse, or children); or 
   
  (3) such other extraordinary circumstances as verified by a notarized 
affidavit by the applicant which shall be deemed legitimate by the Board of 
Vocational Nurse Examiners. 
 
  Issued in Austin, Texas, on August 10 1993. 
 TRD-9327108 
  Marjorie A. Bronk, R.N., M.S.H.P. 
 Executive Director 
 Board of Vocational Nurse Examiners 
    Effective date: September 1, 1993 
 Expiration date: October 2, 1993 
 For further information, please call: (512) 835-2071