The Board proposes rule amendments to incorporate the updated form and to update the rule due to legislative changes.  

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    DEPARTMENT OF HEALTH

    Board of Nursing

    RULE NO.:RULE TITLE:

    64B9-3.008Licensure by Endorsement

    PURPOSE AND EFFECT: The Board proposes rule amendments to incorporate the updated form and to update the rule due to legislative changes.

    SUMMARY: The updated form will be incorporated into the rule and due to legislative changes, the rule will be updated.

    SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS 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 concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary 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, 464.009 FS.

    LAW IMPLEMENTED: 456.013, 456.036(10), 456.0635(2), 464.0195(3), 464.009 FS.

    IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

    THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Amanda Gray, Executive Director, Board of Nursing, 4052 Bald Cypress Way, Bin #C02, Tallahassee, Florida 32399; MQA.Nursing@flhealth.gov.

     

    THE FULL TEXT OF THE PROPOSED RULE IS:

     

    64B9-3.008 Licensure by Endorsement.

    (1) An applicant for licensure by endorsement shall submit a completed Board of Nursing Mobile Opportunity by Interstate License Endorsement (MOBILE), DH-MQA-5102 (7/2024) Nursing Licensure by Endorsement Application, DH-MQA 1095, 04/22, incorporated herein by reference, and may be obtained from https://www.flrules.org/Gateway/reference.asp?No=Ref-_________14786, or from the Board office or on the Board’s website: http://www.FloridasNursing.gov; and verification of licensure forms from the original state or territory in which licensure was obtained and from a state or territory in which the applicant holds an active license, and pay the required fee.

    (2) To apply for endorsement pursuant to Section 464.009(1)(a), F.S., an applicant shall be required to show current licensure in another state of the United States and the licensure requirements of the original state of licensure at the time of original licensure. For the purpose of determining if the requirements in the original state of licensure were substantially equivalent to or more stringent than the requirements in Florida at that time, the applicant must demonstrate a passing score on one of the following:

    (a) The NCLEX examination for professional or practical nurses;

    (b) The State Board Test Pool Examination for Professional Nurses given between 1951 and 1981, if the applicant passed with a score of 350 in each subject or a total score of 1800;

    (c) The State Board Test Pool Examination for Practical Nurses given between 1952 and 1981, if the applicant passed with a score of 350;

    (d) A state licensing examination for professional nurses given prior to 1951 or a state licensing examination for practical nurses given prior to 1952;

    (e) Any licensing examination taken as a condition for state licensure by a professional nurse after 1951 or by a practical nurse after 1952, if the examination meets the following standards:

    1. The examination was developed using accepted psychometric procedures,

    2. The content and passing score of the examination was substantially equivalent to the examination given in Florida at the time,

    3. The security of the examination was maintained,

    4. At least one of the reliability estimations for the examination is .70 or higher,

    5. The examination was revised after each administration to ensure currency of content,

    6. For examinations given after 1984, the test plan was based on a job analysis of new nursing graduates.

    (3) To apply for endorsement pursuant to Section 464.009(1)(b), F.S., an applicant shall meet all requirements for eligibility to take the licensure examination as provided in Rule 64B93.002, F.A.C., and demonstrate a passing score on one of the following:

    (a) The National Council Licensure Examination for registered nurses with a minimum score of 1600, or, after 1988, a report of Pass;

    (b) The National Council Licensure Examination for practical nurses with a minimum score of 350, or, after 1988, a report of Pass;

    (c) A state, regional, or national examination which meets the following minimum requirements:

    1. The examination is developed using accepted psychometric procedures.

    2. The content and passing score of the examination are substantially equivalent to that of the National Council Licensure Examination.

    3. The security of the examination is maintained.

    4. At least one of the reliability estimations for the examination is .70 or higher.

    5. The examination is revised after each administration to insure currency of content.

    (4) An applicant who has not been in active practice of nursing within the past 5 years is required to take a remedial course as specified in Rule 64B9-3.0025, F.A.C., prior to licensure.

    Rulemaking Authority 464.006, 456.0145(2) 464.009 FS. Law Implemented 464.0195(3), 464.009, 456.013, 456.036(10), 456.0635(2), 456.0145(2) FS History–New 4-27-80, Amended 7-12-81, 7-11-83, 7-3-84, Formerly 21O-8.26, Amended 3-3-87, 12-8-87, 8-3-89, 11-19-91, Formerly 21O-8.026, Amended 9-7-93, Formerly 61F7-3.008, Amended 1-1-96, Formerly 59S-3.008, Amended 2-18-98, 5-8-01, 9-23-03, 5-3-16, 10-9-16, 1-19-18, 3-3-19, 1-2-20, 10-14-20, 9-29-22,                                  .

     

    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 2, 2024

    DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: September 5, 2024

Document Information

Comments Open:
9/23/2024
Summary:
The updated form will be incorporated into the rule and due to legislative changes, the rule will be updated.
Purpose:
The Board proposes rule amendments to incorporate the updated form and to update the rule due to legislative changes.
Rulemaking Authority:
464.006, 464.009 FS.
Law:
456.013, 456.036(10), 456.0635(2), 464.0195(3), 464.009 FS.
Related Rules: (1)
64B9-3.008. Licensure by Endorsement