The rule making authority of a board is strictly limited by the scope and terms of the statutes of that jurisdiction. Boards of nursing must have approval and monitoring authority for all nursing educational programs that prepare individuals to meet entry into practice requirements. Standards utilized by boards of nursing to evaluate educational programs must be redesigned to reflect statutory or regulatory changes. When a law changes the requirements for licensure in nursing, those licensed under the previous provisions of the law have vested property rights only in that jurisdiction. The courts have consistently upheld grandfather clauses in state licensing statutes that impose new regulations on an occupation.
Statutory change is required if there is to be a change in title.
Some consistency among states in the definitions and qualifications for the two levels of nursing practice is critical for interstate mobility and national licensing examinations. In the endorsement process, a jurisdiction is not required to subordinate its requirements for entry into nursing practice to the statutes and regulations of another jurisdiction. Decisions need to be made as to the waiving of new requirements and the grandfathering of nurses so that property rights are protected. If there is no waiver of new requirements or if there is a waiver of requirements for a specified number of years, then equivalency criteria should be provided. If the mechanism of grandfathering with a total waiver of new requirements is not utilized, those who hold a current license should be given an opportunity to obtain additional requirements before their licenses are nullified.