Texas Occupations Code - Section 301.257. Declaratory Order Of License Eligibility
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Texas Laws > Occupations Code > Texas Occupations Code - Section 301.257. Declaratory Order Of License Eligibility
Section: 301.251 301.2511 301.252 301.253 301.254 301.255 301.256 301.257 301.258 301.259 301.260 301.261 301.301 301.3011 301.302
§ 301.257. DECLARATORY ORDER OF LICENSE ELIGIBILITY. (a)
A person may petition the board for a declaratory order as to the
person's eligibility for a license under this chapter if the
(1) is enrolled or planning to enroll in an
educational program that prepares a person for an initial license
as a registered nurse or vocational nurse; and
(2) has reason to believe that the person is
ineligible for the license.
(b) The petition must state the basis for the person's
(c) The board has the same powers to investigate the
petition and the person's eligibility that it has to investigate a
person applying for a license.
(d) The petitioner or the board may amend the petition to
include additional grounds for potential ineligibility at any time
before a final determination is made.
(e) If the board determines that a ground for ineligibility
does not exist, instead of issuing an order, the board shall notify
the petitioner in writing of the board's determination on each
ground of potential ineligibility. If the board proposes to find
that the petitioner is ineligible for a license, the petitioner is
entitled to a hearing before the State Office of Administrative
(f) The board's order must set out each basis for potential
ineligibility and the board's determination as to eligibility. In
the absence of new evidence known to but not disclosed by the
petitioner or not reasonably available to the board at the time the
order is issued, the board's ruling on the petition determines the
person's eligibility with respect to the grounds for potential
ineligibility set out in the written notice or order.
(g) The board may require an individual accepted for
enrollment or enrolled in an educational program preparing a
student for initial licensure as a registered nurse or vocational
nurse to submit information to the board to permit the board to
determine whether the person is aware of the conditions that may
disqualify the person from licensure as a registered nurse or
vocational nurse on graduation and of the person's right to
petition the board for a declaratory order under this section.
Instead of requiring the person to submit the information, the
board may require the educational program to collect and submit the
information on each person accepted for enrollment or enrolled in
(h) The information required under Subsection (g) must be
submitted in a form approved by the board.
(i) If, as a result of information provided under Subsection
(g), the board determines that a person may not be eligible for a
license on graduation, the board shall notify the educational
program of its determination.
Acts 1999, 76th Leg., ch. 388, § 1, eff. Sept. 1, 1999. Amended
by Acts 2001, 77th Leg., ch. 1420, § 14.123(a), eff. Sept. 1,
2001; Acts 2003, 78th Leg., ch. 553, § 1.018, eff. Sept. 1,
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Last modified: August 11, 2007