22 Tex. Admin. Code § 217.3 - Temporary Authorization to Practice/Temporary Permit
(a) A new graduate who completes an
accredited basic nursing education program within the United States, its
Territories or Possessions and who applies for initial licensure by examination
in Texas may be temporarily authorized to practice nursing as a graduate nurse
(GN) or graduate vocational nurse (GVN) pending the results of the licensing
examination.
(1) In order to receive temporary
authorization to practice as a GN or GVN and obtain a permit, the new graduate
must:
(A) file a completed application,
including verification of completion of graduation requirements and the
non-refundable application processing fee (see §
217.2(a)(1)-(2)
of this title relating to Licensure by Examination for Graduates of Basic
Nursing Education Programs Within the United States, its Territories or
Possessions);
(B) have no
outstanding eligibility issues (see §
213.30 of this title (relating to
Declaratory Order of Eligibility for Licensure), and Texas Occupations Code
§
301.257);
(C) have never taken the NCLEX-PN or
NCLEX-RN. Temporary authorization to practice as a GN will not be issued to any
applicant who has previously failed the licensing examination;
(D) have registered to take the NCLEX-PN or
NCLEX-RN with the examination administration service;
(E) submit fingerprints for a complete
criminal background check; and
(F)
obtain a passing score on the jurisprudence exam approved by the Board,
effective September 1, 2009.
(2) The temporary authorization to practice
as a GN or GVN, which is not renewable, is valid for 75 days from the date of
eligibility, receipt of permanent license, or upon receipt of a notice of
failing the examination from the Board, whichever date is the earliest. The GN
or GVN must immediately inform employers of receipt of notification of failing
the examination and cease nursing practice.
(3) The new graduate who has been authorized
to practice nursing as a GVN pending the results of the licensing examination
must work under the direct supervision of a licensed vocational nurse or a
registered nurse who is physically present in the facility or practice setting
and who is readily available to the GVN for consultation and assistance. The
new graduate who has been authorized to practice nursing as a GN pending the
results of the licensing examination must work under the direct supervision of
registered nurse who is physically present in the facility or practice setting
and who is readily available to the GN for consultation and assistance. If the
facility is organized into multiple units that are geographically distanced
from each other, then the supervising nurse must be working on the same unit to
which the GN or GVN is assigned. The GN or GVN shall not be placed in
supervisory or charge positions and shall not work in independent practice
settings.
(4) The nurse
administrator of facilities that employ Graduate Nurses or Graduate Vocational
Nurses must ensure that the GN or GVN has a valid temporary authorization to
practice as a GN or GVN pending the results of the licensing examination, has
scheduled a date to take the NCLEX-PN or NCLEX-RN, and does not continue to
practice after expiration of the 75 days of eligibility or receipt of a notice
of failing the examination from the Board, whichever date is earlier.
(b) A nurse who has not practiced
nursing for four or more years may be issued a temporary permit for the limited
purpose of completing a refresher course, extensive orientation to the practice
of professional or vocational nursing, whichever is applicable, or academic
course. The permit is valid for six months.
(c) A nurse whose license has been suspended,
revoked, or surrendered through action by the board, may be issued a temporary
permit for the limited purpose of meeting any requirement(s) imposed by the
board in order for the nurse's license to be reissued. The permit is valid for
six months.
Notes
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