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A BILL TO BE ENTITLED
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AN ACT
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relating to the authorization for and approval of certain nursing |
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programs offered by private postsecondary educational institutions |
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or for-profit entities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 61.302, Education Code, is amended by |
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adding Subdivisions (12) and (13) to read as follows: |
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(12) "Professional degree" includes a Doctor of |
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Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental |
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Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris |
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Doctor (J.D.), and Bachelor of Laws (LL.B.). |
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(13) “Nursing degree” means an Associate Degree in |
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Nursing (ADN), Bachelor of Science in Nursing (BSN), Master of |
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Science in Nursing (MSN), and Doctor of Nursing Practice (DNP). |
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SECTION 2. Section 61.303, Education Code, is amended by |
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amending Subsection (c-1) and adding Subsection (c-2) to read as |
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follows: |
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(c-1) The board may not approve the issuance of a |
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certificate of authorization for an exempt institution to grant a |
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professional degree or to represent that credits earned in this |
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state are applicable toward a professional degree except to the |
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extent allowed for an authorized institution operating under a |
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State Authorization Reciprocity Agreement (SARA). [In this |
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subsection, "professional degree" includes Doctor of Medicine |
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(M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery |
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(D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris Doctor |
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(J.D.), and Bachelor of Laws (LL.B.).] |
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(c-2) The board may not approve the issuance of a |
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certificate of authorization for an exempt institution to grant a |
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nursing degree or to represent that credits earned in this state are |
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applicable toward a nursing degree except to the extent allowed for |
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an authorized institution operating under a State Authorization |
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Reciprocity Agreement (SARA). |
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SECTION 3. Section 61.306(c-1), Education Code, is amended |
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to read as follows: |
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(c-1) The board may issue a certificate of authority for a |
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private postsecondary educational institution to grant a |
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professional or nursing degree or to represent that credits earned |
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in this state are applicable toward a professional or nursing |
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degree only if the board determines that: |
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(1) the capacity and ability of similar professional |
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or nursing degree programs at institutions of higher education and |
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private or independent institutions of higher education are |
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insufficient to meet the state's current market needs; |
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(2) the institution seeking the certificate of |
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authority: |
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(A) has the necessary faculty and other resources |
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to ensure student success; and |
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(B) is subject to and agrees to meet the same |
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standards for approval and all academic criteria applicable to |
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similar professional or nursing degree programs offered by |
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institutions of higher education and private or independent |
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institutions of higher education; and |
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(3) sufficient placements are available to students |
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for required field-based experience, such as clinicals or |
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clerkships, for the proposed professional or nursing degree. |
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SECTION 4. Subchapter D, Chapter 301, Occupations Code, is |
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amended by adding Section 301.1571 to read as follows: |
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Sec. 301.1571. REQUIREMENTS FOR APPROVAL OF FOR-PROFIT |
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NURSING EDUCATION PROGRAMS. (a) In this section, "institution of |
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higher education" has the meaning assigned by Section 61.003, |
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Education Code. |
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(b) The board may not approve an educational program offered |
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by a for-profit entity unless the entity submits to the board: |
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(1) evidence satisfactory to the board that the |
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program will not result in a decrease in the number of clinical |
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practice positions available to students enrolled in nursing |
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programs in institutions of higher education in the region in which |
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the program will be offered; |
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(2) if applicable, passage rates for graduates of |
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programs operated by the entity in other states on the National |
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Council Licensure Examination for registered nurses or other |
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nationally recognized nursing licensing examination; and |
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(3) a statement from the hospital or other facility at |
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which the program's students will complete clinical training that |
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the agreement with the entity will not result in a decrease in the |
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number of clinical practice positions available to students |
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enrolled in nursing programs in institutions of higher education. |
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(c) The board may withdraw approval of an educational |
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program offered by a for-profit entity if the board determines that |
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the operation of the program has resulted in a decrease in the |
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number of clinical practice positions available to students |
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enrolled in nursing programs in institutions of higher education. |
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SECTION 5. Section 61.306(d), Education Code, is repealed. |
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SECTION 6. This Act takes effect September 1, 2023. |
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