1. (a) An applicant for initial licensure applying under this section must:

   1. (1) provide a Commission on Graduates of Foreign Nursing Schools (CGFNS) certificate, or a CGFNS Credential Evaluation Service Full Education Course-by-Course Report and an English proficiency test acceptable to the Board, or the equivalent which verifies that the applicant:

      1. (A) has the educational credentials equivalent to graduation from a governmentally accredited/approved, post-secondary general nursing program of at least two academic years in length;
      2. (B) received both theory and clinical education in each of the following: nursing care of the adult which includes both medical and surgical nursing, maternal/infant nursing, nursing care of children, and psychiatric/mental health nursing;
      3. (C) received initial registration/license as a first-level, general nurse in the country where the applicant completed general nursing education;
      4. (D) is currently registered/licensed as a first-level general nurse;
      5. (E) demonstrated proficiency in the English language; and
      6. (F) passed the CGFNS Qualifying Exam, if submitting a CGFNS certificate;
   2. (2) file a complete, notarized application for registration containing data required by the board and the required application processing fee which is not refundable; and

   3. (3) pass the NCLEX-RN as a Texas applicant;

      1. (A) within four years of completion of the requirements for graduation from the nursing program if the applicant has not practiced as a first level general nurse since completing the requirements for graduation; or
      2. (B) within four years of the date of eligibility for the NCLEX-RN if the applicant has practiced as a first level general nurse at least two years since completing the requirements for graduation.
2. (b) An applicant who has completed the requirements for graduation and has practiced as a first level general nurse for at least two years but has not practiced as a first level general nurse within the four years immediately preceding the filing of an application for initial licensure will be issued a six month temporary permit upon passing the NCLEX-RN examination and must complete a nurse refresher course that meets the criteria defined by the Board in order to be eligible for licensure under this section.
3. (c) An applicant who has not passed the NCLEX-RN within four years of completion of the requirements for graduation or within four years of the date of eligibility must complete a professional nursing program in order to be eligible to take or retake the examination.
4. (d) Should it be ascertained from the application filed, or from other sources, that the applicant should have had an eligibility issue settled by way of a Petition for Declaratory Order, (see §213.30 of this title relating to Declaratory Order of Eligibility for Licensure and Texas Occupations Code §301.257 relating to Declaratory Order of License Eligibility) 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 processing fees. Should the Board finally determine that the individual is not eligible to be admitted to the examination, 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. In no event, may an applicant re-petition for a declaratory order before the first anniversary of the date of the Board's determination to deny eligibility. Any subsequent petition must be made in the manner and form the Board requires.
5. (e) 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 §217.4 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 14, 2003, 28 TexReg 5532.