Bill Text: TX SB458 | 2023-2024 | 88th Legislature | Engrossed
Bill Title: Relating to the authorization for and approval of certain nursing programs offered by private postsecondary educational institutions or for-profit entities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2023-05-15 - Left pending in committee [SB458 Detail]
Download: Texas-2023-SB458-Engrossed.html
| By: Kolkhorst | S.B. No. 458 | |
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| relating to the authorization for and approval of certain nursing | ||
| programs offered by private postsecondary educational institutions | ||
| or for-profit entities. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Section 61.302, Education Code, is amended by | ||
| adding Subdivisions (12) and (13) to read as follows: | ||
| (12) "Professional degree" includes a Doctor of | ||
| Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental | ||
| Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris | ||
| Doctor (J.D.), and Bachelor of Laws (LL.B.). | ||
| (13) “Nursing degree” means an Associate Degree in | ||
| Nursing (ADN), Bachelor of Science in Nursing (BSN), Master of | ||
| Science in Nursing (MSN), and Doctor of Nursing Practice (DNP). | ||
| SECTION 2. Section 61.303, Education Code, is amended by | ||
| amending Subsection (c-1) and adding Subsection (c-2) to read as | ||
| follows: | ||
| (c-1) The board may not approve the issuance of a | ||
| certificate of authorization for an exempt institution to grant a | ||
| professional degree or to represent that credits earned in this | ||
| state are applicable toward a professional degree except to the | ||
| extent allowed for an authorized institution operating under a | ||
| State Authorization Reciprocity Agreement (SARA). [ |
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| (c-2) The board may not approve the issuance of a | ||
| certificate of authorization for an exempt institution to grant a | ||
| nursing degree or to represent that credits earned in this state are | ||
| applicable toward a nursing degree except to the extent allowed for | ||
| an authorized institution operating under a State Authorization | ||
| Reciprocity Agreement (SARA). | ||
| SECTION 3. Section 61.306(c-1), Education Code, is amended | ||
| to read as follows: | ||
| (c-1) The board may issue a certificate of authority for a | ||
| private postsecondary educational institution to grant a | ||
| professional or nursing degree or to represent that credits earned | ||
| in this state are applicable toward a professional or nursing | ||
| degree only if the board determines that: | ||
| (1) the capacity and ability of similar professional | ||
| or nursing degree programs at institutions of higher education and | ||
| private or independent institutions of higher education are | ||
| insufficient to meet the state's current market needs; | ||
| (2) the institution seeking the certificate of | ||
| authority: | ||
| (A) has the necessary faculty and other resources | ||
| to ensure student success; and | ||
| (B) is subject to and agrees to meet the same | ||
| standards for approval and all academic criteria applicable to | ||
| similar professional or nursing degree programs offered by | ||
| institutions of higher education and private or independent | ||
| institutions of higher education; and | ||
| (3) sufficient placements are available to students | ||
| for required field-based experience, such as clinicals or | ||
| clerkships, for the proposed professional or nursing degree. | ||
| SECTION 4. Subchapter D, Chapter 301, Occupations Code, is | ||
| amended by adding Section 301.1571 to read as follows: | ||
| Sec. 301.1571. REQUIREMENTS FOR APPROVAL OF FOR-PROFIT | ||
| NURSING EDUCATION PROGRAMS. (a) In this section, "institution of | ||
| higher education" has the meaning assigned by Section 61.003, | ||
| Education Code. | ||
| (b) The board may not approve an educational program offered | ||
| by a for-profit entity unless the entity submits to the board: | ||
| (1) evidence satisfactory to the board that the | ||
| program will not result in a decrease in the number of clinical | ||
| practice positions available to students enrolled in nursing | ||
| programs in institutions of higher education in the region in which | ||
| the program will be offered; | ||
| (2) if applicable, passage rates for graduates of | ||
| programs operated by the entity in other states on the National | ||
| Council Licensure Examination for registered nurses or other | ||
| nationally recognized nursing licensing examination; and | ||
| (3) a statement from the hospital or other facility at | ||
| which the program's students will complete clinical training that | ||
| the agreement with the entity will not result in a decrease in the | ||
| number of clinical practice positions available to students | ||
| enrolled in nursing programs in institutions of higher education. | ||
| (c) The board may withdraw approval of an educational | ||
| program offered by a for-profit entity if the board determines that | ||
| the operation of the program has resulted in a decrease in the | ||
| number of clinical practice positions available to students | ||
| enrolled in nursing programs in institutions of higher education. | ||
| SECTION 5. Section 61.306(d), Education Code, is repealed. | ||
| SECTION 6. This Act takes effect September 1, 2023. | ||
