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