5404 LICENSURE BY EXAMINATION

5404.1 To qualify for a license by examination, an applicant shall:

1. (a) Receive 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;
2. (b) Meet the educational requirements of this chapter; and
3. (c) Meet any other requirements as set forth by the Board.

5404.2 To apply for a license by examination, an applicant shall:

1. (a) Submit a completed application to the Board on the required forms and include:
2. (1) The applicant's social security number on the application. If the applicant does not have a social security number, the applicant shall submit with the application a sworn affidavit, under penalty of perjury, stating that he or she does not have a social security number; and
3. (2) Two (2) recent passport-type photographs of the applicant's face measuring two inches by two inches (2" x 2") which clearly exposes the area from the top of the forehead to the bottom of the chin.
4. (b) Arrange for a certified transcript of the applicant's academic record and a letter of recommendation from the nurse administrator of the school or college to be sent directly from the educational institution to the Board;
5. (c) Sit for the NCLEX-RN examination not later than ninety (90) days following submission of the application. The Board may, in its discretion, grant an extension of the time requirement if the applicant's failure to sit for the examination was for good cause. As used in this section "good cause" includes the following:
6. (1) Serious and protracted illness of the applicant; or
7. (2) The death or serious and protracted illness of a member of the applicant's immediate family.
8. (d) Submit any other required documents; and
9. (e) Pay all required fees.

5404.3 An application that remains incomplete for ninety (90) days or more from the date of submission shall be considered abandoned, and closed by the Board. The applicant shall thereafter be required to reapply, comply with the current requirements for licensure, and pay the required fees.

5404.4 If an applicant has not yet taken or passed the NCLEX-RN examination six (6) months after the date the applicant became eligible to sit for the exam, the applicant shall complete a review course approved by the Board and provide proof of having completed the course in order to be eligible to sit for the next available NCLEX-RN examination. For purposes of this section:

1. (a) Graduates of an educational program in registered nursing approved in accordance with § 5402.1 are eligible to sit for the exam upon graduation.

(b) Graduates of an educational program in registered nursing in a foreign country not approved in accordance with § 5402.1 are eligible to sit for the exam upon completion of the requirements set forth in § 5403.1.

5404.5 If an applicant has not yet taken or passed the NCLEX-RN examination two (2) years after the date the applicant became eligible to sit for the exam, the applicant shall complete a remedial course approved by the Board and provide proof of having completed the course in order to be eligible to sit for the next available NCLEX-RN examination.

5404.6 If an applicant has not yet taken or passed the NCLEX-RN examination three (3) years after the date the applicant became eligible to sit for the exam, the applicant shall complete an additional educational program leading to a degree in registered nursing approved by the Board and provide proof of having completed the program in order to be eligible to sit for the next available NCLEX-RN examination.

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).