Some More Light at the End of the Tunnel, for GA Students this time

[FocusRN]

Now, I first want to say, that the change is GA law doesn't make it impossible for EC students now or in the future, it is the current BOARD RULES, that we should have an issue with.

I don't want people to be confused and think that Board Rules are state law, they are not. And can easily be changed with a motion and a majority vote. So, start contacting your board members personally, and get some on your side.

With that said, the current board law doesn't exactly make it impossible for EC grads either, to endorse or actually sit for the NCLEX in GA. The board rules are not written clearly enough, for one to ascertain that students from EC's program are excluded in their entirety.

First this is the GA LAW:

All applicants for licensure by endorsement are required to have graduated from a nursing education program approved by the Georgia Board of Nursing or which meets criteria similar to, and not less stringent, than those established by the Board.

And this is the BOARD RULE, that is apparently affecting EC Grads:

(3) The course of study for initial licensure may be offered through an approved combination of on site, distance learning, or online teaching/learning strategies. Neither class nor clinical learning activities may be offered exclusively through electronic modalities. The majority of learning activities in practice settings must be taught by nursing faculty members according to Rules 410-3-.05 and 410-3-.06.

The first possible loophole, that I see in the above rule is, that Excelsior DOES NOT offer class nor clinical activities "exclusively through electronic modalities". It offers distance learning which is NOT required to be done online, because they don't offer online courses for the ADN program, and the content guides recommend, god old hard back textbooks. The only part of the course that is offered through electronic means, is the final examination, at Pearson. Students have to master content to pass the exams, and they have to learn somehow, which is obviously not electronically sense, the school itself does not offer online classes for this program. And "distance learning" DOES NOT mean "electronic", or "online" learning. And the only clinical activities that are involved in the program are, the clinicals participated in before Excelsior, and the CPNE, none of which "electronic".

The second is that, "The majority of learning activities in practice settings must be taught by nursing faculty members according to Rules 410-3-.05 and 410-3-.06." This is a moot point, because Excelsior does not offer "learning activities in practice settings". Just a Clinical Examination, with no teaching, and therefore no learning involved.

These are just a few ideas in my head, that anyone could use to challenge the current Board Rule. And for the long term (and at the upcoming meeting), it should be suggested that the Board change their current rule.

The board says:

The Board may waive rules, but only when doing so will not contradict the law. If the Board waived a rule so that applicants whose education did not meet board criteria are issued a license, the Board would be breaking the law and endangering the public’s health, safety and welfare.

And they are using this as a cop out to play let's point the finger. When the truth is the Board doesn't have to waive the rules, they just have to change it, period, if they are really all that concerned about the current EC students and grads left sitting. And then they would not be contradicting the law, because they law has left it up to the board to make the rules, that must be followed in order to be in compliance with the law. And EC grads would no longer have to endorse into GA, but would then be qualified to sit for initial licensure in GA.

And my suggestion for the new Board Rule, would be worded something like this:

The course of study for initial licensure may be offered through an approved combination of on site, distance learning, or online teaching/learning strategies. The majority of learning activities in practice settings must be taught by nursing faculty members according to Rules 410-3-.05 and 410-3-.06.

There just omit, once sentence, and you have no confusion, or endangerment of patient safety.

I am not a legal expert. But the current Board Rule doesn't explicitly disqualify excelsior students, so get a lawyer and fight. And get the board to change it's rule,to keep up with the times, all while assuring patient safety.

Back to my brain, where ideas fly around like missiles at war.