5404.1 To qualify for a license, an applicant shall have:

(a) Completed the educational requirements under § 5402.1 or § 5403.1; and

(b) Obtained a passing score on the National Council Licensure Examination for Registered Nurses (NCLEX-RN) developed by the National Council of State Boards of Nursing, Inc. (NCSBN). The passing score on the NCLEX-RN shall be the passing score established by the NCSBN.

5404.2 To apply for a license by examination, an applicant shall submit a completed application on a form approved by the Board.

5404.3 An applicant for license by examination shall not be permitted to take the NCLEX-RN unless Board has determined that the applicant meets the qualifications required for a license pursuant to this Chapter and grants the applicant approval to sit for the examination.

5404.4 An approval for an applicant to sit for the NCLEX-RN examination granted pursuant to this section shall remain effective for not more than ninety (90) days, unless the Board extends the time period under the following circumstances:

(a) The declaration of a public emergency or public health emergency; or

(b) The applicant's failure to sit for the examination within the required time was for good cause, which includes but is not limited to the following:

(1) Serious illness of the applicant or the applicant's immediate family member; or

(2) Death of an immediate family member of the applicant.

5404.5 An application shall be deemed abandoned and closed if the applicant fails to take or pass the examination within ninety (90) days, or fails to request or obtain an extension under § 5404.4. An applicant whose application has been closed may seek an approval to sit for the examination by submitting a new application and complying with all requirements of this chapter.

5404.6 An applicant who has not passed the examination more than twelve (12) months but less than three (3) years after the applicant has either graduated from an approved nursing education program under § 5402, or stopped practicing in a foreign country, shall complete a review course approved by the Board to be approved to sit for the examination.

5404.7 An applicant who has not passed the examination more than three (3) years but less than five (5) years after the applicant has either graduated from an approved nursing education program under § 5402, or stopped practicing in a foreign country, shall complete a review course approved by the Board to be approved to sit for the examination and, upon passing the examination, shall complete a nursing refresher course approved by the Board to be eligible for a license.

5404.8 The Board shall not approve any applicant to sit for NCLEX-RN who has not passed the examination more than five (5) years after their graduation from an approved nursing education program under § 5402, or who has stopped practicing in a foreign country more than five (5) years before the date of the application.

SOURCE: Final Rulemaking published at 35 DCR 622, 624 (January 20, 1989); as amended by Final Rulemaking published at 36 DCR 2747, 2751 (May 4, 1990); as amended by Final Rulemaking published at 51 DCR 8613 (September 3, 2004); as amended by Final Rulemaking published at 69 DCR 010990 (September 2, 2022).