By: Kolkhorst S.B. No. 458
A BILL TO BE ENTITLED
AN ACT
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). [In this
subsection, "professional degree" includes 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.).]
(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.