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Texas Board of Nursing adopts rule requiring verification of lawful U.S. presence for license applicants
Summary
The Texas Board of Nursing on April 23 adopted a new administrative rule, 22 TAC 217.8, requiring applicants to provide documentation of lawful U.S. presence before issuance or renewal of a nursing license. The rule drew opposition from legislative Democrats and the Texas Nurses Association, who warned of workforce impacts; board counsel said federal law compels the change.
The Texas Board of Nursing voted April 23 to adopt 22 Texas Administrative Code §217.8, a new rule that requires applicants for initial licenses and renewals to submit documentation verifying lawful presence in the United States.
John Vanderford, the board's deputy general counsel, told members the rule stems from federal law that prohibits conferring public benefits on people who are not lawfully present. "The basis of the rule is that federal law prohibits bestowing a public benefit on someone who is not lawfully present in the United States and that includes the issuance of a nursing license," Vanderford said during the presentation to the board.
The adopted language lists acceptable forms of documentation and includes a subsection designed to let people begin…
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