| 1 | 1 | | 81R11599 BEF-D |
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| 2 | 2 | | By: Martinez H.B. No. 2885 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to determination of the examination pass rate for nursing |
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| 8 | 8 | | educational programs. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 301.157(d-2), Occupations Code, is |
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| 11 | 11 | | amended to read as follows: |
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| 12 | 12 | | (d-2) A school of nursing or educational program that fails |
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| 13 | 13 | | to meet or maintain an acceptable pass rate on applicable licensing |
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| 14 | 14 | | examinations under this chapter is subject to review by the board. |
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| 15 | 15 | | The board may assist the school or program in its effort to achieve |
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| 16 | 16 | | compliance with the board's standards. In determining the pass rate |
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| 17 | 17 | | under Subsection (d-1) and this subsection, the board shall allow |
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| 18 | 18 | | an applicant to attempt the examination three times in a 60-day |
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| 19 | 19 | | period and shall count an applicant who passes on any attempt as |
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| 20 | 20 | | having passed and not failed and an applicant who does not pass on |
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| 21 | 21 | | any attempt as having failed once. |
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| 22 | 22 | | SECTION 2. Section 301.255, Occupations Code, is amended to |
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| 23 | 23 | | read as follows: |
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| 24 | 24 | | Sec. 301.255. REEXAMINATION. The board by rule shall |
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| 25 | 25 | | establish conditions under which an applicant who fails an |
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| 26 | 26 | | examination may retake the examination. For an applicant who fails |
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| 27 | 27 | | the examination three [two] or more times, the board may: |
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| 28 | 28 | | (1) require the applicant to fulfill additional |
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| 29 | 29 | | educational requirements; or |
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| 30 | 30 | | (2) deny the applicant the opportunity to retake the |
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| 31 | 31 | | examination. |
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| 32 | 32 | | SECTION 3. The change in law made by this Act by the |
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| 33 | 33 | | amendment of Section 301.255, Occupations Code, applies only to a |
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| 34 | 34 | | person who applies to take an examination on or after the effective |
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| 35 | 35 | | date of this Act. A person who first applies to take an examination |
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| 36 | 36 | | before the effective date of this Act is governed by the law in |
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| 37 | 37 | | effect on the date the person applies, and the former law is |
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| 38 | 38 | | continued in effect for that purpose. |
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| 39 | 39 | | SECTION 4. This Act takes effect September 1, 2009. |
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