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 code. [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.217.5 The Board of Nurse Examiners proposes an amendment to sec.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, 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. Article 4525(a) is affected by this section. sec.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