Reviewing the Rules: The Texas Board of Nursing Reviews its Rules. Part 1 of 3: Rule 220 – The Nursing License Compact

Regulatory agencies in Texas are required to review the rules governing their areas of responsibility every four years.  In December, the Board filed the results of its review of three rules – none are the biggest rules, but important in some respects.
First up is the rule that implements the Nursing Licensure Compact, which allows nurses from Texas to work in other Compact states without re-licensing in that state.  It also allows nurses from other states to come to Texas and practice without a Texas license.  For more information on the Nursing License Compact, see this page from the Texas Board of Nursing website.

There are some issues with the licensure compact specifically related to multistate disciplinary actions.  I will have to post on that subject in the near future.  The text of the notice of review is after the jump:

Texas Board of Nursing

Title 22, Part 11

The Texas Board of Nursing (Board) filed a notice of intent to review and consider for readoption, revision, or repeal 22 Texas Administrative Code Chapter 220, relating to Nurse Licensure Compact. The Notice of Intent to Review was published in the October 28, 2011, issue of the Texas Register (36 TexReg 7369).

The Government Code §2001.039 requires each state agency to review its rules every four years to determine if the reasons for initially adopting the rules continue to exist. The rules in Chapter 220 were scheduled for this four-year review. No comments were received concerning the Board’s proposed rule review.

The Board has completed its review of the rules in Chapter 220 and has determined that the reasons for originally adopting these rules continue to exist. The rules were also reviewed to determine whether they were obsolete, whether they reflected current legal and policy considerations and current procedures and practices of the Board, and whether they were in compliance with the Government Code Chapter 2001 (Administrative Procedure Act).

The Board re-adopts the rules in Chapter 220 without changes, pursuant to the Government Code §2001.039 and Occupations Code §301.151, which authorizes the Board to adopt, enforce, and repeal rules consistent with its legislative authority under the Nursing Practice Act. This concludes the rule review of Chapter 220 under the implementation of the Board’s rule review plan for 2011-2013 that is published on the Secretary of State’s website.


Lance Brenton

Assistant General Counsel

Texas Board of Nursing

Filed: December 8, 2011

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