22 Tex. Admin. Code § 217.1

Current through Reg. 49, No. 44; November 1, 2024

Section 217.1 - Definitions

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:

(1) Academic course--A specific set of learning experiences offered in an accredited school, college or university. Academic credit will convert on the following basis: One academic quarter hour = 10 contact hours; one academic semester hour = 15 contact hours.

(2) Advanced practice nurse (APN)--A registered nurse, currently licensed in the State of Texas, who has been approved by the board to practice as an advanced practice nurse based on completing an advanced educational program of study acceptable to the board. The term includes a nurse practitioner, nurse-midwife, nurse anesthetist, and a clinical nurse specialist.

(3) Applicant--An individual who has met the eligibility requirements and applied to take the National Council Licensure Examination for Practical Nurses (NCLEX-PN) or completed an accredited nursing program and has applied to take the National Council Licensure Examination for Registered Nurses (NCLEX-RN), or an individual who has applied for Temporary Licensure/Endorsement into Texas.

(4) Approved--Recognized as having met established standards and predetermined criteria of the credentialing agencies recognized by the board. Applies to providers and programs.

(5) Approved/Accredited nursing program--A school, department, or division of nursing approved/accredited by a nursing board or other licensing authority which has jurisdiction over approval/accreditation of nursing programs.

(6) Board--The Texas Board of Nursing.

(7) Credential Evaluation Services (CES)--Documentation that verifies the educational credentials and licensure of graduates of foreign nursing schools.

(8) Declaratory order--An order issued by the Board pursuant to Texas Occupations Code § 301.257, determining the eligibility of an individual for initial licensure as a licensed vocational or registered nurse and setting forth both the basis for potential ineligibility and the Board's determination of the disclosed eligibility issues.

(9) Delinquent license--A license lapsed due to failure to renew the certificate of re-registration.

(10) Direct supervision--Requires a nurse to be immediately available to coordinate, direct, and observe at firsthand another individual for whom the nurse is responsible.

(11) Eligibility order--An order, issued by the Board pursuant to Texas Occupations Code §§ 301.256, 301.257 and 301.259 determining the eligibility of an individual for licensure.

(12) Endorsement--The process of issuing a permanent license without further examination to a nurse from another jurisdiction or licensing authority after determination is made that the applicant meets the same standards as those required of Texas nurses.

(13) First level, general nurse--Refers to the International Council of Nurses (ICN) classification of nurses. A first-level nurse is called a registered or professional nurse in most countries. A general nurse has studied theory and had clinical practice in a variety of nursing areas.

(14) Graduate of a foreign nursing school--An individual who graduated from a post-secondary nursing education program that prepares nurse generalists or enrolled nurses for licensure and is approved/accredited by a governmental authority.

(15) Graduate nurse (GN)--Graduates of approved professional nursing programs who are issued a permit to practice for a specific time period until they successfully meet all licensure requirements.

(16) Graduate vocational nurse (GVN)--Graduates of approved vocational nursing programs who are issued a permit to practice for a specific time period until they successfully meet all licensure requirements.

(17) Impaired practice--Practice in which the nurse's ability to perform the essential functions of a nurse is impaired by chemical dependency on drugs and/or alcohol or by mental illness.

(18) Indirect supervision--Requires a nurse to be readily available if needed for consultation to coordinate, direct, and observe another individual for whom the nurse is responsible.

(19) Jurisdiction--A state or territory of the United States using the National Council Licensure Examination for Registered Nurses (NCLEX-RN) and the National Council Licensure Examination for Practical Nurses (NCLEX-PN) as the licensing examination.

(20) Licensed Vocational Nurse--See Vocational Nurse.

(21) Licensing authority--A legislated or governmentally appointed agency which approves, accredits or otherwise regulates legally defined behaviors of institutions or individuals.

(22) National Council Licensure Examination for Practical Nurses (NCLEX-PN)--The test used by the board to measure minimal competence for licensure as a vocational nurse.

(23) National Council Licensure Examination for Registered Nurses (NCLEX-RN)--The test used by the board to measure minimal competence for licensure as a registered professional nurse.

(24) Nurse--a person required to be licensed under Texas Occupations Code chapter 301 to engage in professional or vocational nursing.

(25) Nursing curriculum--The equivalent of all nursing courses in the program of study within an approved/accredited nursing program.

(26) Nursing program--The equivalent of all non-nursing and nursing courses in the program of study within an approved/accredited program.

(27) Peer assistance program--An approved program designed for nurses whose nursing practice is or may be impaired by chemical dependency on drugs and/or alcohol or certain mental illnesses and which meets the minimum criteria established by the Texas Commission on Alcohol and Drug Abuse and the additional criteria established by the Board.

(28) Practitioner--As related to radiology practice, a doctor of medicine, osteopathy, podiatry, dentistry, or chiropractic who is licensed under the laws of Texas and who prescribes radiologic procedures for other persons (See 25 TAC §143.2).

(29) Professional boundaries--The appropriate limits which should be established by the nurse in the nurse/client relationship due to the nurse's power and the patient's vulnerability. Refers to the provision of nursing services within the limits of the nurse/client relationship which promote the client's dignity, independence and best interests and refrain from inappropriate involvement in the client's personal relationships and/or the obtainment of the nurse's personal gain at the client's expense.

(30) Professional nursing education program (general)--Post-secondary general nursing program of at least two academic years in length that provides both theory and clinical instruction in:

(A)medical-surgical nursing;

(B)maternal/child nursing;

(C)pediatric nursing; and

(D)mental health nursing.

(31) Professional nursing practice--As defined in the Occupations Code § 301.002(2).

(32) Program of study--The courses and learning experiences that constitute the requirements for completion of a basic nursing education program (vocational nursing education program, associate degree nursing education program, baccalaureate degree nursing education program, master's degree nursing education program, or diploma nursing education program) or a post-licensure nursing education program.

(33) Radiologic procedure--Any procedure or article used with clients, including diagnostic x-rays or nuclear medicine procedures, through the emission of ionizing radiation as stated in the Occupations Code § 601.002(9).

(34) Reactivation--The process of making a license current when a nurse has allowed his or her license to become delinquent and/or is in inactive/retired status.

(35) Refresher course--A program designed to update knowledge of current nursing theory and clinical practice consisting of didactic and clinical components to ensure entry level competencies into vocational, professional, or advanced nursing practice. Refresher courses are not accepted for continuing education credit and must meet current board requirements.

(36) Registered nurse--A person currently licensed by the board to practice professional nursing.

(37) Registered nurse, retired--An individual on inactive status who has met the requirements for using the title as stated in § 217.9 of this title (relating to Inactive and Retired Status).

(38) Renewal period--Two-year period determined by the licensee's birth month and year. Specific time frame for renewal may vary from six months to 29 months as determined by board policies.

(39) Second level nurses--Refers to the International Council of Nurses (ICN) classification of nurses. Second level nurses are called enrolled, vocational, or practical nurses or nurse assistants in most countries. Those nurses who have specialized in one area without being educated and registered/licensed as a general nurse (for instance, midwife, pediatric nurse, or psychiatric nurse) are not eligible to take the CGFNS qualifying exam.

(40) Shall, will and must--Mandatory requirements.

(41) Should--Denotes recommendations.

(42) State Board Test Pool Examination (SBTPE)--The test formerly used by the board prior to the NCLEX-RN to measure minimal competence for licensure as a registered nurse.

(43) Temporary authorization--An authorization to practice vocational or professional nursing for a specified period of time.

(44) Temporary license--A license that authorizes an individual licensed as a nurse in other jurisdictions to practice nursing in Texas for a specified period of time.

(45) Temporary permit--A permit issued to a nurse for a specific period of time which allows the nurse to complete specific requirements in order for the license to be reissued.

(46) Vocational nurse--A person currently licensed by the board to practice vocational nursing.

(47) Vocational nurse, retired--An individual on inactive status who has met the requirements for using the title as stated in § 217.9 of this title (relating to Inactive Status); includes individuals formerly classified as Vocational nurse, emeritus.

(48) Vocational Nursing--Nursing other than professional nursing that generally requires experience and education in biological, physical, and social sciences sufficient to qualify as a licensed vocational nurse.

(49) Vocational Nursing Education Program--A comprehensive system of education which provides instruction in biological, physical, social, behavioral and nursing sciences, with correlated theory, to include clinical practice in nursing care of children, maternity nursing, nursing care of the aged, nursing care of adults and nursing care of individuals with mental health problems.

(50) Vocational Nursing Practice--As defined in the Occupations Code § 301.002(5).

22 Tex. Admin. Code § 217.1

The provisions of this §217.1 adopted to be effective September 1, 1999, 24 TexReg 4001; amended to be effective July 5, 2004, 29 TexReg 6296; amended to be effective April 11, 2005, 30 TexReg 2065; amended by Texas Register, Volume 39, Number 39, September 26, 2014, TexReg 7736, eff. 9/28/2014; Amended by Texas Register, Volume 43, Number 31, August 3, 2018, TexReg 5084, eff. 8/9/2018