(a) A nurse who has practiced nursing in another state within the four years immediately preceding a request for temporary licensure and/or permanent licensure by endorsement may obtain a non-renewable temporary license, which is valid for 120 days, and/or a permanent license for endorsement by meeting the following requirements:   (1) Graduation from an approved nursing education program;   (2) Satisfactory completion of the licensure examination according to Board established minimum passing scores:     (A) Vocational Nurse Licensure Examination:       (i) Prior to April 1982--a score of 350 on the SBTPE;       (ii) Beginning October 1982 to September 1988--a score of 350 on the NCLEX-PN; and       (iii) October 1988 and after, must have achieved a passing report on the NCLEX-PN; and     (B) Registered Nurse Licensure Examination:       (i) Prior to July 1982--a score of 350 on each of the five parts of the SBTPE;       (ii) Prior to February 1989--a minimum score of 1600 on the NCLEX-RN; and       (iii) February 1989 and after, must have achieved a passing report on the NCLEX-RN;   (3) Licensure by another U.S. jurisdiction;   (4) For an applicant who has graduated from a nursing education program outside of the United States or National Council jurisdictions--verification of LVN licensure as required in §217.4(a)(1) of this chapter or verification of RN licensure must be submitted from the country of education or as evidenced in a Credential Evaluation Service (CES) Full Education Course-by-Course Report from the Commission on Graduates of Foreign Nursing Schools (CGFNS), Educational Records Evaluation Service (ERES), or the International Education Research Foundation (IERF), as well as meeting all other requirements in paragraphs (2) and (3) of this subsection;   (5) Filing a completed "Application for Temporary License/Endorsement" containing:     (A) personal identification and verification of required information in paragraphs (1) - (3) of this subsection; and     (B) attestation that the applicant meets current Texas licensure requirements and has never had disciplinary action taken by any licensing authority or jurisdiction in which the applicant holds, or has held licensure and attestation that all information contained in, or referenced by, the application is complete and accurate and is not false or misleading;   (6) the required application processing licensure fee, which is not refundable;   (7) submitting fingerprints for a complete criminal background check; and   (8) a passing score on the jurisprudence exam approved by the Board, effective September 1, 2008. (b) A nurse who has not practiced nursing in another state within the four years immediately preceding a request for temporary licensure and/or permanent licensure by endorsement will be required to:   (1) complete a refresher course, extensive orientation to the practice of nursing, or a nursing program of study that meets the requirements prescribed by the Board. The nurse must submit an Application for Six Month Temporary Permit (RN) or an Application for Six Month Temporary Permit (LVN), as applicable, to the Board for the limited purpose of completing a refresher course, extensive orientation to the practice of nursing, or a nursing program of study;   (2) submit to the Board evidence of the successful completion of the requirements of paragraph (1) of this subsection;   (3) submit to the Board a course completion form from one of the following:     (A) the online Texas Board of Nursing Jurisprudence Prep Course;     (B) the Texas Board of Nursing Jurisprudence and Ethics Workshop; or     (C) a Texas Board of Nursing approved Nursing Jurisprudence and Ethics course; and   (4) after completing the requirements of paragraphs (1) - (3) of this subsection, submit to the Board verification of the completion of the requirements of subsection (a)(1) - (8) of this section. (c) The Board adopts by reference the following forms, which comprise the instructions and requirements for a refresher course, extensive orientation to the practice of nursing, and a nursing program of study required by this section, and which are available at http://www.bon.state.tx.us/olv/forms.html:   (1) Application for Six Month Temporary Permit (RN); and   (2) Application for Six Month Temporary Permit (LVN). (d) A nurse who has had disciplinary action at any time by any licensing authority is not eligible for temporary licensure until completion of the eligibility determination. (e) Upon initial licensure by endorsement, the license is issued for a period ranging from six months to 29 months depending on the birth month. Licensees born in even-numbered years shall renew their licenses in even-numbered years; licensees born in odd-numbered years shall renew their licenses in odd-numbered years. (f) Should it be ascertained from the application filed, or from other sources, that the applicant should have had an eligibility issue determined by way of a petition for declaratory order pursuant to the Occupations Code §301.257, then the application will be treated and processed as a petition for declaratory order under §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure), and the applicant will be treated as a petitioner under that section and will be required to pay the non-refundable fee required by that section.

Source Note: The provisions of this §217.5 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective September 28, 2004, 29 TexReg 9189; amended to be effective April 16, 2006, 31 TexReg 3031; amended to be effective September 26, 2007, 32 TexReg 6519; amended to be effective July 12, 2010, 35 TexReg 6083; amended to be effective July 26, 2011, 36 TexReg 4660