Pennsylvania Code & Bulletin
COMMONWEALTH OF PENNSYLVANIA

• No statutes or acts will be found at this website.

The Pennsylvania Bulletin website includes the following: Rulemakings by State agencies; Proposed Rulemakings by State agencies; State agency notices; the Governor’s Proclamations and Executive Orders; Actions by the General Assembly; and Statewide and local court rules.

PA Bulletin, Doc. No. 24-1774

RULES AND REGULATIONS

Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS

STATE BOARD OF NURSING

[ 49 PA. CODE CH. 21 ]

Licensure by Endorsement and Reactivation

[54 Pa.B. 8083]
[Saturday, December 14, 2024]

 The State Board of Nursing (Board) amends §§ 21.30a and 21.156a (relating to continued competency) regarding reactivation and adds Subchapter K (relating to licensure by endorsement under 63 Pa.C.S. § 3111) to read as set forth in Annex A.

Effective Date

 This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.

Statutory Authority

 The amendments relating to reactivation are authorized under section 2.1(k) of The Professional Nursing Law (RN Law) (63 P.S. § 212.1(k)) and section 17.6 of the Practical Nurse Law (PN Law) (63 P.S. § 667.6) which provide the Board with general authority to establish standards for the practice of professional and practical nursing, respectively, and the practice of dietetics-nutrition.

 The provisions of 63 Pa.C.S. § 3111 (relating to licensure by endorsement) require licensing boards and commissions to ''issue a license, certificate, registration or permit to an applicant to allow practice in this Commonwealth'' provided the applicant meets the following criteria: holds a current license, certificate, registration or permit from another state, territory or country whose licensing requirements are substantially equivalent to or exceed the requirements in this Commonwealth; demonstrates competency; has not committed any act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice that profession or occupation in this Commonwealth, unless the board or commission determines such conduct is not an impediment to granting the license, certificate, registration or permit; is in good standing and has not been disciplined by the jurisdiction that issued the license, certificate, registration or permit, unless the board or commission determines such conduct is not an impediment to granting the license, certificate, registration or permit; and the applicant pays fees, as established by regulation. Additionally, 63 Pa.C.S. § 3111 authorizes boards and commissions to issue a provisional license, certificate, registration or permit while an applicant is satisfying remaining requirements for licensure by endorsement, for which the Board must set by regulation the terms of expiration.

 The act of July 1, 2020 (P.L. 575, No. 53) added 63 Pa.C.S. § 3111 as part of the consolidation of the act of July 2, 1993 (P.L. 345, No. 48) (Act 48) (repealed) into 63 Pa.C.S. Chapter 31 (relating to powers and duties). The text of 63 Pa.C.S. § 3111 was originally added to Act 48 by the act of July 1, 2019 (P.L. 292, No. 41) (Act 41).

Background and Need for the Amendments

 This final-form rulemaking is needed to effectuate 63 Pa.C.S. § 3111, which requires the Board to issue a license, certificate, registration or permit to an applicant who meets the requirements for licensure by endorsement. Under 63 Pa.C.S. § 3111(a)(1), the Board must determine whether the other jurisdiction's standards for licensure or certification are substantially equivalent to or exceed those established by the Board. Additionally, 63 Pa.C.S. § 3111(a)(2) requires the Board to determine the methods of competency, including completion of continuing education or experience in the profession or occupation for at least 2 of the 5 years immediately preceding the filing of the application. Under 63 Pa.C.S. § 3111(b)(2), the Board must establish, by regulation, the expiration of the provisional endorsement license. This final-form rulemaking sets forth the criteria for eligibility for licensure by endorsement, including the specific methods required for an applicant to demonstrate competency as well as requirements for granting a provisional endorsement license. In § 21.1104 (relating to licensure by endorsement fee), this final-form rulemaking sets forth the applicable fee for licensure by endorsement applications under 63 Pa.C.S. § 3111.

 Licensure by endorsement under 63 Pa.C.S. § 3111 is an alternate pathway for licensure and certification than that delineated under The RN Law and the PL Law. Under these provisions, applicants for registered nurse (RN), licensed practical nurse (LPN) or licensed dietitian-nutritionist licenses must graduate from a Pennsylvania-equivalent program in another jurisdiction and pass a Pennsylvania-equivalent licensure examination. Similarly, applicants for certification as a nurse practitioner or as a clinical nurse specialist must hold an RN license, graduate from a Pennsylvania-equivalent program in another jurisdiction and possess current National certification, as applicable. Under the final regulations and 63 Pa.C.S. § 3111, the Board reviews the other jurisdiction's law and determines whether it is substantially equivalent to current licensure standards for the profession.

 Because the Board is including additional methods in § 21.1102(a)(2) (relating to licensure by endorsement under 63 Pa.C.S. § 3111) to demonstrate competency by means of practice in another jurisdiction under 63 Pa.C.S. § 3111, the Board believes that it is also appropriate to clarify and make consistent similar provisions in §§ 21.30a(a)(3) and 21.156a(a)(3), which provide the competency provisions for RNs and LPNs seeking reactivation who practiced in other states.

 Notice of the proposed rulemaking was published at 52 Pa.B. 7503 (December 10, 2022) for thirty days of public comment. The Board did not receive any comments from the public. As part of its review under the Regulatory Review Act, the Independent Regulatory Review Commission (IRRC) submitted comments on February 8, 2023. The Board received no comments from the Consumer Protection and Licensure Committee of the Senate (SCP/PLC) or the Professional Licensure Committee of the House of Representatives (HPLC). The following represents a summary of the comments received and the Board's response.

Summary of IRRC Comments to the Proposed Rulemaking and the Response of the Board

 IRRC noted that the Board was required to promulgate these regulations within 18 months of the effective date of the amendment and urged the Board to promulgate the final-form regulations as quickly as possible.

 Twenty-seven boards and commissions under the Bureau of Professional and Occupational Affairs (Bureau) are subject to 63 Pa.C.S. § 3111 and required to promulgate regulations. When Act 41 was enacted, the boards and commissions implemented the law and created procedures for processing applications. The Bureau coordinated the boards and commissions in this effort and continues to do so to ensure that the regulations are consistent and continually moving forward within the regulatory process. The Board prioritized the drafting of this final-form rulemaking, but also continued to work on other important regulations and Board work. The Board published the proposed rulemaking at 52 Pa.B. 7503, during sine die. On March 22, 2023, the Board sent a courtesy copy of the regulations to the SCP/PLC and the HPLC after the committees were designated and published at 53 Pa.B. 1503 and 1504 (March 18, 2023). The Board discussed the comments at its June 5, 2023, Board meeting and adopted the regulation package in final form.

 IRRC commented on § 21.1102(a)(1)(i), which requires an applicant to submit a copy of the current law and regulations, including the scope of practice, in the jurisdiction where the applicant holds an active license. IRRC expressed a concern that this is not a specific statutory requirement and suggested it should be the Board's responsibility to research the laws and regulations of the jurisdiction from which the applicant is applying. For the following reasons the Board disagrees and has not amended § 21.1102(a)(1)(i) in this final-form rulemaking: 1) since 2019, the Board has received only 14 applications and the applicants have been able to provide the Board with the necessary laws and regulations quickly and easily; 2) it is the applicant's burden to prove to the Board that qualifications for licensure are met; and 3) putting this burden on the Board and its legal counsel unnecessarily puts a financial burden on the Board and to its licensees that finance the Board through biennial renewal fees, or if this cost is applied to application fees, then the cost to apply for a license would have to be increased. Applicants generally have access to the laws and regulations of the jurisdiction where they are licensed. It is of particular concern when an applicant is licensed in another country. This type of research is overly burdensome and could be costly to the Board. While the Board will take steps to verify the laws and regulations of another jurisdiction, having the applicant provide that initial information is the most expedient and fiscally prudent approach.

 IRRC asked the Board to explain what standard determines whether another jurisdiction is substantially equivalent and recommended that the Board publish an annual determination of those jurisdictions which have laws and regulations substantially equivalent to this Commonwealth. Boards routinely consider whether standards of other jurisdictions are equivalent or substantially equivalent, or both, to the standards of this Commonwealth. When looking at the licensure standards of other jurisdictions, the Board is evaluating the requirements or qualifications for initial licensure in that jurisdiction. In doing so, the Board conducts an individual assessment of each application, including the different path or licensure track taken by an applicant, at the time the application is submitted. This ensures that the Board is using the most up-to-date laws and regulations when making decisions on these applications, which will in turn ensure that all nurses that are licensed through this regulation are competent and safe to practice nursing. Because laws and regulations routinely change, publishing an annual list of substantially equivalent jurisdictions would likely be out of date soon after it is published. In addition, this list would place an enormous burden on the Board to continuously review each states' laws and regulations to assure that there are no changes and then revise the published list accordingly. Given the anticipated low volume of expected applications for licensure by endorsement under 63 Pa.C.S. § 3111, coupled with the costs of engaging in this action, the Board declines to add this recommendation.

 Regarding IRRC's concern that allowing applicants to utilize experience in more than one jurisdiction may place an added burden because an applicant would have to demonstrate substantial equivalency in multiple jurisdictions, applicants would not be required to utilize experience in multiple jurisdictions. Instead, applicants would be provided the opportunity to do so if they so desire. The Board decided to allow for experience in multiple jurisdictions because limiting relevant experience to one jurisdiction would be an unnecessary and arbitrary barrier to licensure. The burden of proof is on an applicant to show eligibility for licensure; providing licensure standards from the jurisdiction where the applicant obtained the experience is not an overly burdensome requirement for an applicant.

 IRRC questioned the need for § 21.1102(a)(2)(i) because the hourly requirement of this section would always be satisfied under subsection (a)(2)(ii). The Board concurs with IRRC's observation and consolidates subparagraphs (i) and (ii) in this final-form rulemaking. The Board retains the maximum number of hours of experience that can be credited for a year (1,800 hours) in the amended provision.

 IRRC asked the Board to clarify subsection (a)(4), which states that an applicant must not have any discipline by the jurisdiction that issued the license, certificate, registration or permit. IRRC suggested that the Board clarify this provision by specifying the types of discipline (that is, formal discipline or complaint) and the time frame when the discipline occurred. Regarding the suggestion to distinguish between formal discipline and a complaint, the Board does not think it is necessary to make this type of distinction. A complaint is not considered to be formal or informal discipline. Additionally, the Board does not believe it is appropriate to predetermine the type of discipline or the time frame discipline occurred. The Board, instead, believes it is appropriate to evaluate discipline on a case-by-case basis. As indicated in subsection (c), the Board is authorized to determine that discipline is not an impediment to licensure under 63 Pa.C.S. § 3111. In determining whether the discipline is an impediment to licensure, it is dutybound to apply the caselaw and other applicable laws. See, Secretary of Revenue v. John's Vending Corp., 453 Pa. 488, 309 A.2d 358 (1973); Bethea-Tumani v. Bureau of Professional and Occupational Affairs, State Board of Nursing, 993 A.2d 921 (Pa. Cmwlth. 2010). As a part of that analysis, the Board may consider the facts and circumstances surrounding the prohibited act or disciplinary action, increase in age or maturity of the individual since the date of the prohibited act or disciplinary action, disciplinary history or lack of disciplinary history before and after the date of the prohibited act or disciplinary action, successful completion of education and training activities relating to the prohibited act or disciplinary action and any other information relating to the fitness of the individual for licensure.

 IRRC also commented on § 21.1103(b)(1) (relating to provisional endorsement license) noting that this provision would allow the Board to issue a provisional license for less than a year and asked why the Board would need to do so. Section 3111(b)(2) of 63 Pa.C.S. requires the Board to establish an expiration date for provisional licenses in its regulations. The Board, along with most other boards and commissions under the Bureau has determined that expiration of 1 year is generally an appropriate time frame for most applicants. However, in the interest of public safety, the Board determines that providing some discretion to the Board is necessary for instances where the remaining licensure requirements do not require a full year to complete. It is in the public interest to ensure that a licensee becomes qualified or competent as expeditiously as possible. While the Board certainly will provide a full year when the facts warrant it, the Board wants its licensees to be qualified and competent as soon as practicable. An example would be where an applicant from another jurisdiction only needs to complete ten more continuing education credits. To allow 12 months to establish competency when competency could be accomplished in a shorter term would not be in the best interest of public safety. This is because the Board believes it is best for applicants to meet the competency requirements within a reasonable time period that is tied to the length of time necessary to meet the specific competency requirement.

 IRRC asked the Board to explain its rationale for limiting provisional licenses in § 21.1103(d) whereby the Board will not issue subsequent provisional licenses after the provisional licenses expires. A provisional license is an unrestricted license that is issued to an applicant to provide a short period of time to an applicant to practice while simultaneously working to meet the Board's licensure by endorsement requirements. While the Board is reluctant to issue an unrestricted license to an applicant who has not met the licensure standards or who has not proven competency, the General Assembly gives boards the discretion to do so as long as there is an expiration to that provisional license. The provisional license is meant to be a temporary license, on a short-term basis, to allow an applicant to begin practicing while completing remaining licensing requirements. The Board's regulations allow requests for an extension up to 1 additional year; the Board believes this time frame is more than sufficient. The Board is concerned that allowing for multiple provisional licenses could be used as a mechanism to circumvent licensure standards. An applicant may certainly apply for a specific type of nurse license after a provisional license expires; however, if the applicant does not meet the licensure standards after having a provisional license and having the option to apply for an extension, the applicant would not be eligible to apply for or receive an additional provisional license. Ultimately, the Board determines that protection of the public warrants the limitation of one provisional license per applicant to ensure the citizens of this Commonwealth are receiving services from qualified and competent licensees.

 IRRC also asked the Board to address the cost of the professional translation service needed to translate applicable laws and regulations of other jurisdictions into English and the Criminal History Record Check (CHRC) fee in the Regulatory Analysis Form (RAF). This final-form rulemaking is amended to include a specific estimate of costs to the regulated community for translation of an applicable law, regulation or rule. The Pennsylvania CHRC fee of $22 and Federal Bureau of Investigation fee of $18 have also been included in the RAF. The Board is unable to determine with certainty the CHRC fees that would be assessed by other states, territories or countries. The Board would note that the CHRC fee is not specific to licensure by endorsement applicants. Applicants applying for a license under this Board, whether it be by examination or endorsement, would incur this fee. Regarding translation costs, the Board anticipates that the translation costs will be approximately $25 per page and range between two and five pages in length.

Miscellaneous Clarifications

 Twenty-seven Boards under the Bureau are drafting and publishing licensure by endorsement regulations. To keep language in the regulations as consistent as possible, the Board is making minor amendments based upon comments received during the review process of other regulations. The following amendments are stylistic and do not have a substantive impact on the regulations. The Board replaces ''complete'' with ''have completed'' in § 21.1102(a)(8). The Board also adds § 21.1103(c)(3) to clarify that expiration of a provisional license is a terminating event.

Fiscal Impact and Paperwork Requirements

 This final-form rulemaking will have no adverse fiscal impact on the Commonwealth or its political subdivisions. The costs to the Board related to processing applications for licensure by endorsement under 63 Pa.C.S. § 3111 and applications for reactivation will be recouped through fees paid by applicants. Applicants for licensure by endorsement under 63 Pa.C.S. § 3111 will be impacted by the $120 application fee in § 21.1104 as well as the CHRC fee. Applicants must complete child abuse recognition and reporting training, as required by 23 Pa.C.S. § 6383(b)(3)(i) (relating to education and training). There are free in-person and online child abuse recognition and reporting training options available; therefore, the Board does not anticipate a negative fiscal impact for this statutorily mandated training. If applicants are unable to establish English proficiency by demonstrating that their education, training or examination was in English and they must take an approved English language proficiency examination, the cost to the applicant is approximately $200. There are no other costs associated with this regulation related to competency.

 In addition to the costs being recouped, the Board does not anticipate that many applicants will avail themselves of this pathway. Under The RN Law and the PN Law, out-of-State RNs and LPNs are permitted to practice in this Commonwealth on a temporary practice permit for 1 year and that time frame may be extended for another without having to demonstrate competence. Additionally, although the National Licensure Compact (NLC) has yet to be implemented in this Commonwealth, upon implementation for out-of-State nurses who hold active, unencumbered, multistate licenses issued by members of the NLC, they may practice in any member state under their multistate licenses without filing an endorsement application, meeting eligibility requirements, including competency or receiving provisional licenses.

 There are no additional costs or paperwork requirements associated with the reactivation amendment.

Sunset Date

 The Board continuously monitors the cost effectiveness of the Board's regulations. Therefore, no sunset date has been assigned.

Regulatory Review

 Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on November 28, 2022, the Board submitted a copy of the notice of proposed rulemaking, published at 52 Pa.B. 7503 and a copy of an RAF to IRRC and the chairperson of the SCP/PLC and the chairperson of the HPLC for review and comment. A copy of this material is available to the public upon request.

 Under section 5(c) of the Regulatory Review Act, the Board shall submit to IRRC, the SCP/PLC and the HPLC copies of comments received as well as other documents when requested. In preparing the final-form rulemaking, the Board considered comments received from IRRC. No public comments were received. The Board received no comments from the SCP/PLC and the HPLC.

 Under section 5.1(a) of the Regulatory Review Act (71 P.S. § 745.5a(a)), on August 26, 2024, the Board delivered the final-form rulemaking to IRRC, the SCP/PLC and the HPLC. Under section 5.1(j.2) of the Regulation Review Act (71 P.S. § 745.5a(j.2)), on October 23, 2024, the final-form rulemaking was deemed approved by the SCP/PLC and the HPLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met October 24, 2024 and approved the final-form rulemaking.

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), known as the Commonwealth Documents Law and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2 (relating to notice of proposed rulemaking required; and adoption of regulations).

 (2) A public comment period was provided as required by law, and all comments received were considered in drafting this final-form rulemaking.

 (3) This final-form rulemaking does not include any amendments that would enlarge the scope of proposed rulemaking published at 52 Pa.B. 7503.

 (4) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of 63 Pa.C.S. § 3111 and The RN Law and the PN Law.

Order

 The Board, acting under its authorizing statute, orders that:

 (a) The regulations of the Board, 49 Pa. Code Chapter 21, are amended by amending §§ 21.30a and 21.156a and adding §§ 21.1101—21.1104 to read as set forth in Annex A, with ellipses referring to the existing text of the regulations.

 (b) The Board shall submit this final-form regulation to the Office of Attorney General and the Office of General Counsel for approval as required by law.

 (c) The Board shall submit this final-form regulation to IRRC, the SCP/PLC and the HPLC as required by law.

 (d) The Board shall certify this final-form regulation and deposit it with the Legislative Reference Bureau as required by law.

 (e) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.

LINDA M. KMETZ, PhD, RN, 
Chairperson

 (Editor's Note: See 54 Pa.B. 7449 (November 9, 2024) for IRRC's approval order.)

Fiscal Note: Fiscal Note 16A-5143 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

LICENSEES

§ 21.30a. Continued competency.

 (a) A registered nurse whose license has lapsed for 5 years or longer or has been placed on inactive status for 5 years or longer, as permitted in section 11(b) of the act (63 P.S. § 221(b)), may reactivate the license by doing one of the following:

*  *  *  *  *

 (3) Providing evidence to the Board that the applicant has a current license and has practiced as a registered nurse in another jurisdiction for at least 3,600 hours within the last 5 years.

*  *  *  *  *

Subchapter B. PRACTICAL NURSES

LICENSURE

§ 21.156a. Continued competency.

 (a) A licensed practical nurse whose license has lapsed for 5 years or longer or has been placed on inactive status for 5 years or longer, as permitted in section 13.1(b) of the act (63 P.S. § 663.1(b)), may reactivate the license by doing one of the following:

*  *  *  *  *

 (3) Providing evidence to the Board that the applicant has a current license and has practiced as a practical nurse in another jurisdiction for at least 3,600 hours within the last 5 years.

*  *  *  *  *

Subchapter K. LICENSURE BY ENDORSEMENT UNDER 63 Pa.C.S. § 3111

Sec.

21.1101.Definitions.
21.1102.Licensure by endorsement under 63 Pa.C.S. § 3111.
21.1103.Provisional endorsement license.
21.1104.Licensure by endorsement fee.

§ 21.1101. Definitions.

 The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise:

Jurisdiction—A state, territory or country.

§ 21.1102. Licensure by endorsement under 63 Pa.C.S.§ 3111.

 (a) Requirements for issuance. To be issued a license by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement), an applicant shall satisfy all of the following conditions:

 (1) Have a current license, certificate, registration or permit in good standing to practice the profession in another jurisdiction whose standards are substantially equivalent to or exceed those established under section 6(a) and (c) of The Professional Nursing Law (63 P.S. § 216(a) and (c)) and § 21.21 (relating to application for examination) pertaining to registered nurses; section 5 of the Practical Nurse Law (63 P.S. § 655) and § 21.158 (relating to qualifications of application for examination) pertaining to licensed practical nurses; section 8.1 of The Professional Nursing Law (63 P.S. § 218.1) and § 21.271 (relating to certification requirements) pertaining to certified registered nurse practitioners; section 6(b) and (c) of The Professional Nursing Law (63 P.S. § 216(b) and (c)) and § 21.721 (relating to qualifications for licensure) pertaining to dietitians-nutritionists; and section 8.5 of The Professional Nursing Law (63 P.S. § 218.5) and § 21.811 (relating to qualifications for initial certification) pertaining to clinical nurse specialists. The following apply:

 (i) An applicant must submit a copy of the current applicable law, regulation or other rule governing licensure, certification, registration or permit requirements and scope of practice in the jurisdiction that issued the license, certificate, registration or permit.

 (ii) If the applicable law, regulation or other rule is in a language other than English, at the applicant's expense, the applicable law, regulation or other rule shall be translated by a professional translation service and verified to be complete and accurate.

 (iii) The copy of the applicable law, regulation or other rule must include the enactment date.

 (2) Demonstrate competency for the license or certificate being sought through experience in the profession by documenting, at a minimum, that the applicant has actively engaged in a total of 3,600 hours, with no more than 1,800 hours per year. This experience shall be in the practice of the profession under a license, certificate, registration or permit in a substantially equivalent jurisdiction, or jurisdictions, for at least 2 of the 5 years immediately preceding the filing of the application with the Board.

 (3) Demonstrate English language proficiency by one of the following:

 (i) The applicant's educational program was taught in English.

 (ii) The applicant's clinical experience was obtained at an English-speaking facility.

 (iii) The applicant's post-licensure experience in paragraph (2) was obtained at an English-speaking facility.

 (iii) The applicant has achieved the passing score on a Board-approved English language proficiency examination.

 (4) Have not committed an act that constitutes grounds for refusal, suspension or revocation of a license, certificate, registration or permit to practice the profession under section 14(a) of The Professional Nursing Law (63 P.S. § 224(a)), section 16(a) of the Practical Nurse Law (63 P.S. § 666(a)) and §§ 21.18 and 21.148 (relating to standards of nursing conduct).

 (5) Have not been disciplined by the jurisdiction that issued the license, certificate, registration or permit.

 (6) Have paid the fee as required by § 21.1104 (relating to licensure by endorsement fee).

 (7) Have applied for licensure in accordance with this chapter in the manner and format prescribed by the Board.

 (8) Have completed 3 hours of training in child abuse recognition and reporting from a provider approved by the Department of Human Services as required under 23 Pa.C.S. § 6383(b)(3)(i)) (relating to education and training) and Subchapter E (relating to child abuse reporting requirements).

 (b) Interview and additional information. An applicant may be required to appear before the Board for a personal interview and may be required to submit additional information, including supporting documentation relating to competency and experience. The applicant may request the interview to be conducted by video teleconference for good cause shown.

 (c) Prohibited acts and discipline. Notwithstanding subsection (a)(4) and (5), the Board may, in its discretion, determine that an act prohibited under section 14(a) of The Professional Nursing Law, section 16(a) of the Practical Nurse Law and §§ 21.18 and 21.148 or disciplinary action by a jurisdiction is not an impediment to licensure or certification by endorsement under 63 Pa.C.S. § 3111.

§ 21.1103. Provisional endorsement license.

 (a) Provisional endorsement license. The Board may, in its discretion, issue a provisional endorsement license to an applicant while the applicant is satisfying remaining requirements for licensure by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) and § 21.1102 (relating to licensure by endorsement under 63 Pa.C.S. § 3111).

 (b) Expiration of a provisional endorsement license.

 (1) An individual holding a provisional endorsement license may practice for up to 1 year after issuance of the provisional endorsement license. The Board, in its discretion, may determine that an expiration date of less than 1 year is appropriate.

 (2) Upon a written request and a showing of good cause, the Board may grant an extension of no longer than 1 year from the expiration date of the provisional endorsement license.

 (c) Termination of a provisional endorsement license. A provisional endorsement license terminates if any of the following occurs:

 (1) The Board completes its assessment of the applicant and denies or grants the license.

 (2) The holder of the provisional license fails to comply with the terms of the provisional endorsement license.

 (3) The provisional endorsement license expires.

 (d) Reapplication. An individual may apply for licensure by endorsement or certification under § 21.1102 after expiration or termination of a provisional endorsement license; however, the individual may not be issued a subsequent provisional endorsement license.

§ 21.1104. Licensure by endorsement fee.

 An applicant for licensure by endorsement under 63 Pa.C.S. § 3111 (relating to licensure by endorsement) shall pay a fee of $120.

[Pa.B. Doc. No. 24-1774. Filed for public inspection December 13, 2024, 9:00 a.m.]



No part of the information on this site may be reproduced for profit or sold for profit.

This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.