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A BILL TO BE ENTITLED
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AN ACT
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relating to determination of the examination pass rate for nursing |
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educational programs. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 301.157(d-2), Occupations Code, is |
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amended to read as follows: |
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(d-2) A school of nursing or educational program that fails |
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to meet or maintain an acceptable pass rate on applicable licensing |
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examinations under this chapter is subject to review by the board. |
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The board may assist the school or program in its effort to achieve |
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compliance with the board's standards. In determining the pass rate |
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under Subsection (d-1) and this subsection, the board shall allow |
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an applicant to attempt the examination three times in a 60-day |
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period and shall count an applicant who passes on any attempt as |
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having passed and not failed and an applicant who does not pass on |
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any attempt as having failed once. |
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SECTION 2. Section 301.255, Occupations Code, is amended to |
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read as follows: |
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Sec. 301.255. REEXAMINATION. The board by rule shall |
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establish conditions under which an applicant who fails an |
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examination may retake the examination. For an applicant who fails |
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the examination three [two] or more times, the board may: |
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(1) require the applicant to fulfill additional |
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educational requirements; or |
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(2) deny the applicant the opportunity to retake the |
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examination. |
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SECTION 3. The change in law made by this Act by the |
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amendment of Section 301.255, Occupations Code, applies only to a |
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person who applies to take an examination on or after the effective |
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date of this Act. A person who first applies to take an examination |
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before the effective date of this Act is governed by the law in |
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effect on the date the person applies, and the former law is |
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continued in effect for that purpose. |
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SECTION 4. This Act takes effect September 1, 2009. |