Department of Health, Board of Nursing

 

DEPARTMENT OF HEALTH

BOARD OF NURSING

RULE NO:RULE TITLE:

64B9-3.002Qualifications for Examination

PURPOSE AND EFFECT: The amendment proposes to delete unnecessary language, delete endorsement application, and incorporate applications by reference.

SUMMARY: Delete unnecessary language, delete application, and incorporate applications.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST AND LEGISLATIVE RATIFICATION: The agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule.  A SERC has not been prepared by the agency.  The agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein:  During discussion of the economic impact of this rule at its Board meeting, the Board, based upon the expertise and experience of its members and the substance of the rule amendment, determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary because the rule does not impose additional rights, obligations, or duties on any persons or businesses, and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 464.006 FS.

LAW IMPLEMENTED: 456.013, 464.008, 464.009 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Joe R. Baker, Jr., Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399, [e-mail]

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B9-3.002 Qualifications for Examination.

(1) An applicant seeking certification to take the licensure examination shall submit a completed Application for Nursing Licensure by Examination Application, form number DH-MQA 1094, 06/16 08/10, hereby incorporated by reference, and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-     , or Application for Nursing Licensure by Re-Examination Application, form number DH-MQA 1120 06/16 10/08, hereby incorporated by reference, and may be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-          , or Application for Nursing Licensure by Endorsement, form number DH-MQA 1095, 08/10, demonstrating that he or she meets the qualifications prescribed by the Nurse Practice Act, Chapter 464, F.S. These forms are also available from the Board office or on the Board’s website: http:floridasnursing.gov www.doh.state.fl.us/mqa/nursing. The demonstration shall include:

(1)(a) through (2)(b) No change.

(3)(c) For an applicant writing the examination for practical nurses on the basis of practical nursing education equivalency, a completed Practical Nurse Equivalence (PNEQ) Application Letter, form number DH-MQA 1233, 03/10, hereby incorporated by reference or an official certified transcript which sets forth graduation from an approved professional program. The form is available from the Board office or on the Board’s website: http:floridasnursing.gov www.doh.state.fl.us/mqa/nursing.

(4)(d) Successful completion of any one of the methods listed below approved English competency examinations with:

(a)1. A minimum score of 540 (207 on computerized version and 76 on the internet based version) on the Test of English as a Foreign Language (TOEFL) Examination;

(b)2. through (h)8.  No change.

(i)9. Graduation from a high school with the curriculum given in English A valid U.S. High School Diploma;

(j)10. Completion of a college level course for academic credit in a U.S. institution.; or

(2) If an applicant has been convicted or found guilty of, or has entered a plea of nolo contendere to, regardless of adjudication, any offense other than minor traffic violation, the applicant shall submit arrest and certified court records stating the nature of the offense and final disposition of the case so that a determination can be made by the Board whether the offense relates to the practice of nursing or the ability to practice nursing.

(3) Documents in a foreign language must be accompanied by a certified translation in the English language.

(4) The applicant shall notify the Board in writing of any change in the information provided on the application which occurs prior to licensure.

(5) The applicant must submit proof of graduation before the license will be issued.

Rulemaking Authority 464.006 FS. Law Implemented 456.013, 464.008, 464.009 FS. History–New 4-27-80, Amended 3-16-81, 8-2-81, 7-11-83, Formerly 21O-8.21, Amended 3-3-87, 12-8-87, 6-8-88, Formerly 21O-8.021, Amended 1-30-94, Formerly 61F7-3.002, Amended 9-25-96, Formerly 59S-3.002, Amended 7-27-98, 4-19-00, 5-8-01, 9-23-03, 1-29-07, 11-22-07, 12-7-10,                               .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 7, 2015 and June 3, 2016

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: May 27, 2016