tx-May292026-59: 22 TAC §217.8 (New) — Licensure, Peer Assistance and Practice
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Introduction. The Texas Board of Nursing (Board) adopts new 22 Texas Administrative Code §217.8, relating to Verification of Legal Presence and License Eligibility, without changes to the proposed text as published in the January 23, 2026 edition of the Texas Register (51 TexReg 399). The rule will not be republished. Reasoned Justification. The new section is necessary to clarify the process by which the Board ensures compliance with federal requirements governing eligibility for nursing licensure in Texas. Under 8 U.S.C. §1621, individuals who are not lawfully present in the United States are generally ineligible to receive certain state and local public benefits, including professional licenses. The adopted rule establishes a process for verifying that individuals seeking licensure to practice nursing in Texas are legally present and authorized to work in the United States in accordance with applicable federal law. While the adopted rule permits an applicant to seek a preliminary determination of eligibility for licensure before final verification of legal presence, the rule requires applicants to submit documentation sufficient for the Board to verify legal presence before a...
The agency’s own summary, as published.
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