4723-7-04 Requirements for licensure for foreign educated nurse graduates.

(A) A foreign educated nurse graduate applying for licensure by examination shall satisfy all of the following:

(1) Provide to the board a full education course-by-course report from the credentialing evaluation service (CES) of the commission of graduates of foreign nursing schools (CGFNS) that includes information sufficient for the board to determine whether the foreign educated nurse graduate's education program has educational content and requirements that are substantially similar to a registered nursing education program set forth in rule 4723-5-13 of the Administrative Code if the applicant is applying for licensure by examination as a registered nurse, or a practical nursing education program set forth in rule 4723-5-14 of the Administrative Code if the applicant is applying for licensure by examination as a practical nurse;

(2) Provide to the board evidence of obtaining the minimum passing score on the "Test of English as a Foreign Language" (TOEFLT). This requirement does not apply to a foreign educated nurse who graduated from a college, university, or professional education program located in Australia, Ireland, New Zealand, the United Kingdom, South Africa, Trinidad and Tobago, Jamaica, Barbados, or Canada, except that, with respect to Canada, the exception from the requirement does not apply to Quebec, unless the individual graduated from McGill university, Dawson college in Montreal, Vanier college in St. Laurent, John Abbot college in Sainte-Anne-de-Bellevue, or Heritage college in Gatineau;

(3) As required by section 4723.09 of the Revised Code, submit to a criminal records check completed by the bureau of criminal identification and investigation, the results of which indicate that the individual has not been convicted of, pleaded guilty to, or had a judicial finding of guilt for any violation set forth in section 4723.092 of the Revised Code;

(4) As required by section 4723.09 of the Revised Code, not be required to register under Chapter 2950. of the Revised Code or a substantially similar law of another state, the United States, or another country;

(5) According to rule 4723-7-02 of the Administrative Code, submit to the board a completed application on the form required by the board, located at http://www.nursing.ohio.gov/forms.htm (revised October 2013), and the applicable license application fee required by section 4723.08 of the Revised Code;

(6) According to with rule 4723-7-02 of the Administrative Code, complete the registration process for examination required by the testing service; and

(7) In addition to the requirements of this paragraph, a foreign educated nurse graduate applying for licensure by examination is subject to the provisions of rule 4723-7-03 of the Administrative Code.

(B) A foreign educated nurse graduate applying for licensure by endorsement shall satisfy all of the following:

(1) If seeking licensure by endorsement as a registered nurse, have been originally licensed by examination to practice as a registered nurse in a jurisdiction of the national council of state boards of nursing, and meet one of the following requirements:

(a) If originally licensed by examination prior to January 1, 1953, evidence of having passed an examination;

(b) If originally licensed by examination on or after January 1, 1953, but prior to July 1, 1982, achievement of a score of at least three hundred fifty on each subject tested in the "State Board Test Pool Examination";

(c) If originally licensed by examination on or after July 1, 1982, but prior to October 1, 1988, achievement of a score of at least one thousand six hundred on the NCLEX-RN; or

(d) If originally licensed by examination on or after October 1, 1988, achievement of a "pass" score on the NCLEX-RN;

(2) If seeking licensure by endorsement as a licensed practical nurse, have been originally licensed by examination to practice as a practical nurse in a jurisdiction of the national council of state boards of nursing, and meet one of the following requirements:

(a) If originally licensed by examination on or after July 1, 1956, but prior to July 1, 1982, achievement of a score of at least three hundred fifty on the "State Board Test Pool Examination";

(b) If originally licensed by examination on or after July 1, 1982, but prior to October 1, 1988, achievement of a score of at least three hundred fifty on the NCLEX-PN; or

(c) If originally licensed by examination on or after October 1, 1988, achievement of a "pass" score on the NCLEX-PN;

(3) Have submitted to the board directly by the program administrator or designee, or by the jurisdiction in which the applicant was originally licensed by examination, an official transcript from the foreign educated nurse graduate's nursing education program, translated into English, a full education course-by-course report from the credentialing evaluation service (CES) of the commission of graduates of foreign nursing schools (CGFNS) ; or other documentation acceptable to the board, that includes information sufficient for the board to determine:

(a) Whether the program has educational content and requirements that are substantially similar to a registered nursing education program, as set forth in rule 4723-5-13 of the Administrative Code, if seeking licensure by endorsement as a registered nurse; or

(b) Whether the program has educational content and requirements that are substantially similar to a practical nursing education program, as set forth in rule 4723-5-14 of the Administrative Code, if seeking licensure by endorsement as a licensed practical nurse;

(4) Provide evidence satisfactory to the board of possessing a working knowledge of the English language. This requirement does not apply to a foreign educated nurse who graduated from a college, university, or professional education program located in Australia, Ireland, New Zealand, the United Kingdom, South Africa, Trinidad and Tobago, Jamaica, Barbados, or Canada, except that, with respect to Canada, the exception from the requirement does not apply to Quebec, unless the individual graduated from McGill university, Dawson college in Montreal, Vanier college in St. Laurent, John Abbot college in Sainte-Anne-de-Bellevue, or Heritage college in Gatineau;

(5) Have submitted to the board either directly by the jurisdiction in which the foreign educated nurse graduate was originally licensed by examination, or electronically by the national council of state boards of nursing, one of the following:

(a) Verification of licensure by examination as a registered nurse, if seeking licensure by endorsement as a registered nurse; or

(b) Verification of licensure by examination as a practical nurse if seeking licensure by endorsement as a licensed practical nurse;

(6) Have submitted to the board directly from any jurisdiction of the national council of state boards of nursing, or electronically by the national council of state boards of nursing:

(a) Verification of current, valid licensure as a registered nurse, if seeking licensure by endorsement as a registered nurse; or

(b) Verification of current, valid licensure as a practical nurse if seeking licensure by endorsement as a licensed practical nurse;

(7) Have submitted to the board the results of a criminal records check conducted by the bureau of criminal identification and investigation according to section 4723.09 of the Revised Code, indicating that the applicant for licensure by endorsement has not been convicted of, pleaded guilty to, or had a judicial finding of guilt for any violation set forth in section 4723.09 of the Revised Code;

(8) As required by section 4723.09 of the Revised Code, not be required to register under Chapter 2950. of the Revised Code or a substantially similar law of another state, the United States, or another country;

(9) Submit to the board documentation of completion of two contact hours of continuing education that is directly related to Chapter 4723. of the Revised Code or rules adopted by the board, and that meets the requirements set forth in paragraph (C) of rule 4723-14-01 of the Administrative Code for category A education; and

(10) Submit to the board a completed application on the form required by the board, located at http://www.nursing.ohio.gov/forms.htm and the applicable license application fee required by section 4723.08 of the Revised Code.

(C) If the board determines that the educational content and requirements of a foreign graduate's nursing education program are not substantially similar to those for nursing education programs set forth in Chapter 4723-5 of the Administrative Code, the board may condition the foreign educated nurse graduate's eligibility for licensure by endorsement on successful completion of a program or course of study identified by the board as necessary to address any deficiency.

(D) The board may propose to deny licensure by examination or endorsement to a foreign educated nurse graduate pursuant to an adjudication conducted in accordance with Chapter 119. of the Revised Code. Based on the outcome of the adjudication, the board may grant licensure, deny licensure, or condition licensure on the applicant's successful completion of education in the area of deficiency identified by the board.

(E) According to section 4723.09 of the Revised Code, the board may issue a nonrenewable temporary permit to practice nursing as a registered nurse or a licensed practical nurse to a foreign educated nurse graduate seeking licensure by endorsement. A temporary permit expires at the earlier of one hundred eighty days after the permit is issued or upon licensure by endorsement.

(F) A foreign educated nurse graduate seeking licensure by endorsement as a registered nurse or licensed practical nurse, who requests a temporary permit to practice nursing in Ohio shall:

(1) Submit, according to paragraph (B)(3) of this rule, evidence of successful completion of a nursing education program determined by the board to have educational content and requirements that are substantially similar to either:

(a) A registered nursing education program, as set forth in rule 4723-5-13 of the Administrative Code if the foreign educated nurse graduate is seeking a temporary permit as a registered nurse; or

(b) A practical nursing education program, as set forth in rule 4723-5-14 of the Administrative Code if the foreign educated nurse graduate is seeking a temporary permit as a licensed practical nurse;

(2) Have submitted directly by the jurisdiction in which the applicant was originally licensed by examination, or electronically by the national council of state boards of nursing, verification of licensure by examination, as provided in paragraph (B)(5) of this rule;

(3) Have submitted verification of current, valid licensure directly from any jurisdiction of the national council of state boards of nursing, or electronically by the national council of state boards of nursing.

(G) The board shall immediately terminate a foreign educated nurse graduate's temporary permit upon notification of a criminal records check completed by the bureau of criminal identification and investigation, that indicates the individual has been convicted of, pleaded guilty to, or had a judicial finding of guilt for any violation set forth in section 4723.092 of the Revised Code, or upon information that the permit holder is required to register under Chapter 2950. of the Revised Code or a substantially similar law of another state, the United States, or another country.

(H) If a foreign educated nurse graduate seeking licensure by examination or endorsement fails to meet the requirements for licensure within one year from the date the application for licensure is received, or the application remains incomplete for one year, the application shall be considered void and the fee forfeited. The application shall state the circumstances under which forfeiture may occur.

Effective: 02/01/2014
R.C. 119.032 review dates: 10/15/2016
Promulgated Under: 119.03
Statutory Authority: 4723.07
Rule Amplifies: 4723.06 , 4723.08 , 4723.09 , 4723.10
Prior Effective Dates: 08/01/1983, 04/01/1991, 04/01/1993, 10/01/1993, 04/01/1994, 02/01/1996, 04/01/1997, 04/01/1998, 02/01/2002, 02/01/2003, 02/01/2004, 02/01/2007, 02/01/2010, 02/01/2011, 02/01/2012