RULES AND REGULATIONS
STATE BOARD OF NURSING
[49 PA. CODE CH. 21]
Endorsement of Foreign Trained Nurses
[27 Pa.B. 6210] The State Board of Nursing (Board) amends §§ 21.28 and 21.155 (relating to licensure by endorsement) to read as set forth in Annex A.
A. Effective Date
These amendments are effective upon publication in the Pennsylvania Bulletin.
B. Statutory Authority
These amendments are adopted under the authority of section 2.1(k) of the Professional Nursing Law (63 P. S. § 212.1(k)) and section 17.6 of the Practical Nurse Law (63 P. S. § 667.6).
C. Background
These amendments were proposed to remove obsolete language in § 21.28(c) and to authorize a nurse to receive a license by endorsement if: (1) the nurse has been educated in a foreign nursing program; (2) the nurse has a license in another state or Canada obtained by passing the National Council Licensure Examination (NCLEX); and (3) the nurse's program of study is deemed equivalent to the program required in this Commonwealth. The amendment will obviate the need for a foreign educated nurse to retake the NCLEX if the nurse already obtained a license in another jurisdiction by passing the NCLEX. The Board's program of licensure by endorsement was set forth in the notice of proposed rulemaking at 26 Pa.B. 4652 (September 28, 1996).
D. Public Comment
Following publication of proposed rulemaking the Board did not receive comments either from members of the public or the House Committee on Professional Licensure or the Senate Committee on Consumer Protection and Professional Licensure. The Independent Regulatory Review Commission (IRRC) reported by letter of November 27, 1996, that it had neither objections, comments nor suggestions to offer on these amendments.
E. Compliance with Executive Order 1996-1, Regulatory Review and Promulgation
The Board reviewed this rulemaking and considered its purpose and likely impact upon the public and the regulated population under the directives of Executive Order 1996-1, Regulatory Review and Promulgation. This rulemaking will expedite the process under which a qualified nurse who was educated in a foreign country and already obtained licensure by examination in another jurisdiction may obtain licensure in this Commonwealth.
F. Fiscal Impact and Paperwork Requirements
1. The Commonwealth and political subdivisions--This rulemaking will not cause an adverse fiscal impact or additional paperwork requirements on either the Commonwealth or its political subdivisions.
2. Private sector--This rulemaking will result in savings of time and money to foreign educated nurses who have already obtained licensure in another jurisdiction by passing the NCLEX and wish to practice in this Commonwealth. These applicants will not have to retake the NCLEX.
G. Sunset Date
The Board continually monitors the effectiveness of its regulations through communications with the regulated population; accordingly, no sunset date has been set.
H. Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), the Board submitted a copy of the notice of proposed rulemaking, published at 26 Pa.B. 4652, to IRRC and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee for review and comment. In compliance with section 5(b.1) of the Regulatory Review Act, the Board also provided IRRC and the Committees with copies of the comments received as well as other documentation.
In preparing these final-form regulations the Board has considered the comments received from IRRC, the Committees, individual legislators and the public.
These final-form regulations were deemed approved by the House and Senate Committee on October 22, 1997. IRRC met on November 7, 1997, and deemed approved the amendments in accordance with section 5(c) of the Regulatory Review Act.
I. Contact Person
Further information may be obtained by contacting Ann Steffanic, Administrative Assistant, State Board of Nursing, at P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7142.
J. Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) These amendments do not enlarge the purpose of proposed rulemaking published at 26 Pa.B. 4652.
(4) These amendments are necessary and appropriate for administration and enforcement of the authorizing acts identified in Part B of this Preamble.
K. Order
The Board, acting under its authorizing statutes, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 21, are amended by amending §§ 21.28 and 21.155 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of General Counsel and to the Office of Attorney General as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) This order shall take effect on publication in the Pennsylvania Bulletin.
CHRISTINE ALICHNIE, Ph.D, R.N.,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 27 Pa.B. 6128 (November 22, 1997).)
Fiscal Note: Fiscal Note 16A-512 remains valid for the final adoption of the subject regulations.
Annex A
TITLE 49. PROFESSIONAL AND
VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND
OCCUPATIONAL AFFAIRS
CHAPTER 21. STATE BOARD OF NURSING
Subchapter A. REGISTERED NURSES
LICENSES § 21.28. Licensure by endorsement.
(a) A registered nurse who has graduated from an approved nursing program in another state or territory of the United States or Canada and who is licensed by writing the National Council Licensure Examination in another jurisdiction of the United States or Canada may be granted licensure in this Commonwealth by endorsement of the original licensing board.
(b) An applicant for licensure in this Commonwealth by endorsement shall meet the requirements as stated in the act.
(c) A registered nurse who has graduated from a nursing program in a country or territory outside of the United States or Canada and who is licensed by completing the National Council Licensure Examination in another jurisdiction of the United States or Canada may be granted licensure in this Commonwealth without examination if the applicant's program of study is deemed equivalent to the program of study required in this Commonwealth at the time the program was completed. The Board will base equivalency upon an evaluation performed by the Commission on Graduates of Foreign Nursing Schools (CGFNS) as to the foreign nursing program.
(d) An applicant for endorsement whose license in the other jurisdiction is not current for 5 years or longer shall, prior to receiving a license in this Commonwealth, satisfy the requirements of § 21.30a(1) or (2) (relating to continued competency).
Subchapter B. PRACTICAL NURSES
LICENSURE § 21.155. Licensure by endorsement.
(a) Licensure as a practical nurse in this Commonwealth by endorsement of the original licensing board is granted to a graduate of an approved practical nursing program who is licensed in another jurisdiction by an examination considered by the Board to be equivalent to the examination required for licensure in this Commonwealth.
(b) Applicants for licensure in this Commonwealth by endorsement shall meet the requirements regarding age, good moral character, preliminary education and practical nursing education as outlined in the act.
(c) An applicant for licensure by endorsement whose license in the other jurisdiction is not current for 5 years or longer shall, prior to receiving a license in this Commonwealth, satisfy the requirements of § 21.156a(1) or (2) (relating to continued competency).
(d) A practical nurse who has graduated from a practical nursing program in a country or territory outside of the United States or Canada and who is licensed by completing the National Council Licensure Examination in another jurisdiction of the United States or Canada may be granted licensure in this Commonwealth without examination if the applicant's program of study is deemed equivalent to the program of study required in this Commonwealth at the time the program was completed. The Board will base equivalency upon an evaluation performed by the Commission on Graduates of Foreign Nursing Schools (CGFNS) as to the foreign nursing program.
[Pa.B. Doc. No. 97-1900. Filed for public inspection November 28, 1997, 9:00 a.m.]
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