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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 licensure processes (taking exams, having character and fitness reviewed) while they pursue lawful-presence documentation. Vanderford said the pathway exists because some applicants seek licensure documents for immigration processes even when they cannot be issued a license.
Four commenters submitted written objections before the meeting'the House Democratic Caucus, Representative Gene Wu (note: comment recorded in packet), Representative Toni G. Hawkins, and the Texas Nurses Association. Commenters flagged a potential exacerbation of nursing workforce shortages and described operational burdens on the agency. The Texas Nurses Association singled out implementation questions and requested clear guidance for nurses and employers.
Board staff acknowledged the concerns but said federal law requires the change. Staff also told the board implementing the verification process will require additional operational work and may need more staff resources and guidance. In response to a board question on timing and capacity, staff said they are working on implementation plans but did not provide a firm estimate of processing delays.
Board member Ellie Adamson moved to adopt the rule without changes; Maisy Jameson seconded the motion. The motion passed; the board recorded the item as carried. The transcript records two dissenting votes and indicates the motion carried, and staff noted they will seek budgetary resources to operationalize verification requirements.
The board directed staff to publish a summary of comments and responses and granted general counsel authority to make formatting edits required for publication in the Texas Register. Staff also said they will issue guidance to nurses and stakeholders outlining acceptable documents and how the pathway for applicants who lack documentation will operate.
What happens next: staff will draft implementation materials and, according to the board, incorporate resource needs into the agency's upcoming appropriations request. The board's action means the agency will begin requiring documentation as the rule takes effect under the administrative process documented in the board's materials.
Sources: Board discussion and counsel presentation at the April 23, 2026 Texas Board of Nursing meeting; public comments filed with the board as summarized by counsel.
