1. (a) The requirements to obtain a non-renewable temporary license which is valid for 120 days, or a permanent license for endorsement are as follows:

   1. (1) Graduation from an approved nursing education program.

   2. (2) Satisfactory completion of the licensure examination according to board established minimum passing scores:

      1. (A) Vocational Nurse Licensure Examination:

         1. (i) Prior to April 1982--a score of 350 on the SBTPE;
         2. (ii) Beginning October 1982 to September 1988--a score of 350 on the NCLEX-PN; and
         3. (iii) October 1988 and after, must have achieved a passing report on NCLEX-PN.

      2. (B) Registered Nurse Licensure Examination:

         1. (i) Prior to July 1982--a score of 350 on each of the five parts of the SBTPE;
         2. (ii) Prior to February 1989--a minimum score of 1600 on NCLEX-RN; and
         3. (iii) February 1989 and after, must have achieved a passing report on NCLEX-RN.
   3. (3) Licensure by another U.S. jurisdiction.
   4. (4) For an applicant who has graduated from a nursing education program outside of the United States or National Council jurisdictions--verification of LVN licensure as required in §217.4(a)(1) or verification of RN licensure must be submitted from their country of education or as evidenced in a Credential Evaluation Service (CES) Full Education Course-by-Course Report from the Commission on Graduates of Foreign Nursing Schools (CGFNS), Educational Records Evaluation Service (ERES), or the International Education Research Foundation (IERF), as well as meeting all other requirements in paragraphs (2) - (3) of this subsection.

   5. (5) Filing a completed "Application for Temporary License/Endorsement" containing:

      1. (A) personal identification and verification of required information in paragraphs (1) - (3) of this subsection;
      2. (B) attestation that the applicant meets current Texas licensure requirements and has never had disciplinary action taken by any licensing authority or jurisdiction in which the applicant holds, or has held licensure and attestation that all information contained in, or referenced by, the application is complete and accurate and is not false or misleading;
      3. (C) a recent, fade-proof passport sized identification photograph, properly identified;
   6. (6) the required application processing licensure fee, which is not refundable; and
   7. (7) applicants must submit FBI fingerprint cards provided by the Board for a complete criminal background check; and
   8. (8) a passing score on the jurisprudence exam approved by the board, effective September 1, 2008.
2. (b) A nurse who has not practiced nursing within the four years immediately preceding the request for temporary licensure, shall meet the requirements as stated in §217.9 of this title (relating to Inactive Status).
3. (c) A nurse who has had disciplinary action at any time by any licensing authority is not eligible for temporary licensure until completion of the eligibility determination.
4. (d) Upon initial licensure by endorsement, the license is issued for a period ranging from six months to 29 months depending on the birth month. 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.
5. (e) Should it be ascertained from the application filed, or from other sources, that the applicant should have had an eligibility issue settled in accordance with Texas Occupations Code §301.257 (Declaratory Order of License Eligibility) and §§213.27, 213.28 and 213.29 (relating to Good Professional Character, Licensure of Persons with Criminal Convictions, and Eligibility and Disciplinary Criteria Regarding Intemperate Use and Lack of Fitness), then the application will be treated and processed as a Petition for Eligibility Order for LVN or RN Endorsement and the applicant will be required to pay the appropriate processing fees which are not refundable.
6. (f) Should the Board in its final determination find that the individual is not eligible for licensure as a nurse in Texas, then that individual is precluded from again petitioning, or applying to the Board for licensure until the impediment to eligibility for licensure has been removed.

Source Note:The provisions of this §217.5 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective September 28, 2004, 29 TexReg 9189; amended to be effective April 16, 2006, 31 TexReg 3031; amended to be effective September 26, 2007, 32 TexReg 6519.