Published Jul 22, 2010
ferretrodeo
24 Posts
I graduated May 15 from a school in Alabama and then moved to Maryland. My wife is active duty military and her home state is Texas. I also claim Texas as my home state. Last year the President signed a bill into law that allows spouses of active duty members to claim the same state as long as they were married when the member was living in that state and the spouse had claimed that state in the past- which I have done. So the federal government says I can claim Texas as my home state, the state of Texas says that I can claim Texas as my home state but the Texas bon says I can't. They actually told me I had to fax them a copy of the law so they could look it over. You would think that an entity charged with licensure would know the laws. Has anybody been successful with getting a Texas license while living out of state? I want my license through Texas so I can take advantage of the compact but at this point I am really considering calling my state rep and senator. I have gone to a lawyer and she has encouraged me to take it through the court system. At the time I didn't want to do that but I am really getting ******.
Cthulhu
58 Posts
I can't solve your problem with Texas, but Maryland is a compact state too.
dthfytr, ADN, LPN, RN, EMT-B, EMT-I
1,163 Posts
I feel your pain. Can you give them a physical address in TX? Any friends or family there? I think that would break the red tape. Good luck.
rainbowbrite85
57 Posts
They actually told me I had to fax them a copy of the law so they could look it over. You would think that an entity charged with licensure would know the laws.
Well, did you fax them a copy? I'm sure you would be able to find something on the internet or state/government website that has at the very least a Section number that you can bring to their attention.
While it is a pain in the rear end, if this is something you really want to take care of, do whatever you need to to handle it and make them realize their mistake. Good luck.
HouTx, BSN, MSN, EdD
9,051 Posts
I am really glad you see the wisdom of associating yourself with God's Country (Texas) even if it is by association since you weren't lucky enough to be born here in the first place. However, if you want to be taken seriously - you will need to become adept at dancing the Cotten Eyed Joe, be able to sing Texas our Texas and explain how the Texas legislature is organized. Barbecue skills are a plus - but not a requirement since there are so many authentic variations, depending on the area you're from.
I understand that the purpose of declaring your 'home state' when you are in the military. When you are eventually discharged, Uncle Sam picks up the expense of moving you back to that state. It's also a way of establishing your legal tax burden, right? Texas has no state income tax, so that is the only real advantage I could imagine other than getting lower in-state tuition for college. It would also be a way to maintain Tx automobile license & registration which may be less expensive than other states. TX also has some programs for military vets that help pay for college. Of course you would also be able to vote absentee in state elections... but I certainly wouldn't consider that an advantage - LOL.
Since you are wanting to be a naturalized Texan, you really need to understand how serious we are about "states rights". The whole 'compact state' agreement is based upon your state of original licensure (home state). This is pretty darned clear. Since you were originally licensed in Al - you're out of luck for now. Changing your legal residence status to match your spouse's does not retroactively change the location of your original licensure. In case you may have slept through that section of HS Civics class, regulation of professional licensure is one of those things that is reserved for states only - Feds have absolutely no authority.
Are you sure you want to go through all this hassle to try to tie your license to Texas? Our BON is probably the most rigorous in the US. Our nurse practice act is fairly unique in that for the last 30 years, we have a legally defined 'nurse-patient' duty that cannot be subsumed by any other reporting relationship (including physicians). So we are held to a much higher standard for independent actions. The BON also tracks compact licenses and takes action for any professional offenses committed in another compact state - it will also affect licensure status in TX, regardless of whether this is your 'home state'. . . . I'm just saying.
At any rate - Federal congress members can't help your quest. You would do better to appeal to governor good hair - he's up for re-election, so he may be willing to grant you a special dispensation in return for your support.
General E. Speaking, RN, RN
1 Article; 1,337 Posts
LOL! I love this paragraph!
Signed,
A native texas gal
caliotter3
38,333 Posts
He, he, he. I could see why you would want to associate with TX. I used to live there while in the military myself. As a matter of fact, my daughter is a bona fide Texan, having entered this world on Texas soil. I suggest you deal with them and write to your state (TX) legislators for help with this. Good luck.
Ok. To clear some things up:
1. Yes I did do their job for them (I found the law and faxed it to them)
2. Texas is my home state- If I get a license through the state of Maryland and keep my home state Texas the compact does not apply to me- I will need to get a license in each state I want to practice in
3. I did not get a license in Alabama, I graduated from a nursing school in that state- This is my first attempt at getting a license
4. I don't need to get a license through the state of Texas for tax purposes, since Texas is my state of residency I don't pay income tax
5. I have not thought about contacting my US rep or senator, as stated by an earlier post, I understand that the Texas bon is a state org and I am going through state politicians.
Good idea about emailing the governor....that will go on my list
We all understand how the compact works. Sorry, I didn't realize you had not even taken NCLEX yet. It may be a mistake to try to take it in a state other than the one in which you graduated - just so you can take advantage of the compact. It may come back and bite you in the a$$. In order to become a part of the licensure compact, states all have to agree to the same licensure requirements. If Al is not part of the compact, educational curriculum requirements may turn out to be different.
I do wish you luck on your efforts. But it is misleading to say that Texas is your "home" state until you actually live here.... it is your state of legal residence by virtue of your spouse. If it was your home, you would have attended school here and wouldn't be having this problem in the first place.
We all understand how the compact works. Sorry, I didn't realize you had not even taken NCLEX yet. It may be a mistake to try to take it in a state other than the one in which you graduated - just so you can take advantage of the compact. It may come back and bite you in the a$$. In order to become a part of the licensure compact, states all have to agree to the same licensure requirements. If Al is not part of the compact, educational curriculum requirements may turn out to be different. I do wish you luck on your efforts. But it is misleading to say that Texas is your "home" state until you actually live here.... it is your state of legal residence by virtue of your spouse. If it was your home, you would have attended school here and wouldn't be having this problem in the first place.
Sorry. I used "home" instead of "residency". I didn't mean to cause any confusion.
whodatnurse
444 Posts
Originally Posted by HouTx
LOL! I love this paragraph!Signed,A native texas gal
I love it too! And I'm not a Texan.
"The higher the hair, the closer to God." :redbeathe:redbeathe:redbeathe