1. (a) An applicant for initial licensure by examination shall:

   1. (1) file a complete application containing data required by the board; notarized affidavit; and the required application processing fee which is not refundable;
   2. (2) submit verification of completion of all requirements for graduation from an accredited nursing program or certification from the nursing program director of completion of all baccalaureate degree requirements which are prerequisites of an accredited masters degree program leading to a first degree in professional nursing; and
   3. (3) pass the NCLEX-RN.
2. (b) 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, (see §213.30 of this title (relating to Declaratory Order of Eligibility for Licensure) and Texas Civil Statutes, Article 4519a) then the application will be treated and processed as a Petition for Declaratory Order and the applicant will be required to pay the appropriate non-refundable fees for determination of eligibility. Should the Board in its final determination find that the individual is not eligible for licensure, then that individual is precluded from again petitioning, or applying to the Board for 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.

3. (c) An applicant for initial licensure by examination shall pass the NCLEX-RN within three attempts and within four years of completion of requirements for graduation.

   1. (1) An applicant who fails the NCLEX-RN may retake the examination no more than two times without additional education.
   2. (2) An applicant who is unsuccessful after three attempts within four years of completion of the requirements for graduation, must complete a professional nursing curriculum in order to be eligible to retake the examination.
   3. (3) An applicant who has not passed the NCLEX-RN within four years from the date of completion of requirements for graduation must complete a professional nursing program in order to take or retake the examination.
4. (d) Upon initial licensure by examination, the license is issued for a period ranging from six months to 29 months depending on the birth date. 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.

Source Note:The provisions of this §217.2 adopted to be effective September 1, 1999, 24 TexReg 4001.