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Department of Nursing

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Eligibility to take NCLEX-RN Examination

The Texas Board of Nursing (BON) has identified certain circumstances that may render a potential candidate ineligible for licensure as a registered nurse in the State of Texas. If one of the following statements applies to you, you must complete a Petition for Declaratory Order with the BON (See Declaratory Order below). This Petition should be completed as soon as possible. The review process can take a minimum of three months to two years depending on the petitioner’s case.

  1. If you have had any licensing authority:
    1. refuse to issue you a license;
    2. revoke a license;
    3. annul a license;
    4. cancel a license;
    5. accept surrender of a license;
    6. suspend a license;
    7. place a license on probation;
    8. refuse to renew a professional license or certificate held by you now or previously; or
    9. ever fine, censure, reprimand, or otherwise discipline a license issued to you.
  2. If you have been convicted, adjudged guilty by a court, plead guilty, no contest or nolo contendere to any crime in any state, territory or country, whether or not a sentence was imposed, including any pending criminal charges or unresolved arrests (excluding minor traffic violations). This includes expunged offenses and deferred adjudications with or without prejudice of guilt. Please note that DUIs, DWIs and PIs are not considered minor traffic violations. One time minor in possession (MIP) or minor in consumption (MIC) do not need to be disclosed. However, if you have more than one of either offense or one of each, then you must file a declaratory order petition.
  3. If you have been diagnosed, treated, or hospitalized in the past five (5) years for schizophrenia and/or psychotic disorders, bipolar disorder, paranoid personality disorder, antisocial personality disorder, or borderline personality disorder.
  4. Do you have any criminal charges pending, including unresolved arrests?
  5. If you have been addicted to or treated for the use of alcohol or any other drug within the past five (5) years.

EFFECTIVE 9/1/03. Two (2) FBI fingerprint cards must be submitted to the Board with the Petition for Declaratory Order form. To request the FBI fingerprint cards, complete the web form at www.bon.state.tx.us/ requesting a fingerprint card packet. Please allow three (3) weeks to receive the FBI fingerprint cards. The FBI cards will not be accepted if the cards are bent, folded, creased, cut, or damaged in any way. The fingerprint cards must be mailed and will not be faxed, e-mailed, or overnighted to the applicant.

The Declaratory Order process permits the BON to make decisions regarding eligibility for licensure prior to entering or completing a nursing program. You can request a Petition for Declaratory Order by contacting the Texas Board of Nursing via mail ( P.O. Box 430 , Austin , TX 78767-0430 ), telephone ((512) 305-6802) or website (www.bon.state.tx.us/). Processing your petition may take three months to two years, after you provide all required documentation. Statutes and Rules governing this petition may be found in the Texas Occupations Code §§301.257, 301.452-301.454 (Nursing Practice Act), and in the Board Rules and Regulations relating to Professional Nurse Education, Licensure and Practice, 22 TAC §§213.27-30 and §§217.11-12. These statutes can be located on the BNE’s website. Students who have obtained a Declaratory Order Petition must notify and inform the programmatic administrator of the outcome of his/her petition.