|(a) New Programs.
(1) New professional nursing education programs must
be approved by the Board in order to operate in the State of Texas.
The Board has established guidelines for the initial approval of professional
nursing education programs.
(2) Proposal to establish a new professional nursing
(A) The proposal to establish a new professional nursing
education program may be submitted by:
(i) a college or university accredited by an agency
recognized by the THECB or holding a certificate of authority from
the THECB under provisions leading to accreditation of the institution;
(ii) a single-purpose school, such as a hospital, proposing
a new diploma program.
(B) The new professional nursing education program
must be approved/licensed or deemed exempt by the appropriate Texas
agency, the THECB, or the TWC, as applicable, before approval can
be granted by the Board for the program to be implemented. The proposal
to establish a new professional nursing education program may be submitted
to the Board at the same time that an application is submitted to
the THECB or the TWC, but the proposal cannot be approved by the Board
until such time as the proposed program is approved by the THECB or
the TWC. If the governing entity has nursing programs in other jurisdictions,
the submitted program proposal must include evidence that the nursing
programs' NCLEX-RN® pass rates are at least 80% for the current
examination year, as that term is defined in §215.2(20) of this
title (relating to Definitions), and that the nursing programs hold
full approval from the state boards of nursing in the other states
and are in good standing.
(C) The process to establish a new professional nursing
education program shall be initiated by a letter of intent from the
governing entity to the Board office. A program proposal must be ready
for the Board's consideration of approval within one (1) year from
the date of receipt of the initial proposal draft in the Board's office.
If the proposal is not ready for the Board's consideration within
this time period, the proposal will be considered withdrawn or will
be presented to the Board at its next regularly scheduled meeting,
with a Staff recommendation of denial/disapproval.
(D) The individual writing the proposal for a new professional
nursing education program shall be the proposed director and shall
meet the qualifications for the program director as specified in §215.6(f)
of this title (relating to Administration and Organization).
(E) At least one (1) potential faculty member shall
be identified before the curriculum development to assist in planning
the program of study.
(F) The proposal shall include information outlined
in Board Education Guidelines 3.1.1.b. Proposal to Establish a New
Diploma Nursing Education Program and 3.1.1.c. Proposal to Establish
a New Pre-Licensure Associate, Baccalaureate, or Entry-Level Master's
Degree Nursing Education Program.
(G) A proposal for a new diploma nursing education
program must include a written plan addressing the legislative mandate
that all nursing diploma programs in Texas must have a process in
place by 2015 to ensure that their graduates are entitled to receive
a degree from a public or private institution of higher education
accredited by an agency recognized by the THECB or the TWC, as applicable,
and, at a minimum, entitle a graduate of the diploma program to receive
an associate degree in nursing.
(H) After the proposal is submitted and determined
to be complete, a preliminary survey visit shall be conducted by Board
Staff prior to presentation to the Board.
(I) The proposal shall be considered by the Board following
a public hearing at a regularly scheduled meeting of the Board. The
Board may approve the proposal and grant initial approval to the new
program, may defer action on the proposal, or may deny further consideration
of the proposal. In order to ensure success of newly approved programs,
the Board may, in its discretion, impose any restrictions or conditions
it deems appropriate and necessary.
(i) In addition to imposing restrictions and conditions,
the Board may also require specific monitoring of newly approved programs
that may be high-risk.
(ii) A program may be considered high-risk if it meets
one or more of the following criteria, including, but not limited
to: unfamiliarity of the governing entity with nursing education;
inexperience of the potential dean or director in directing a nursing
program; potential for director or faculty turnover; multiple admission
cycles per year; or potential for a high attrition rate among students.
(iii) Board monitoring of a high-risk program may include
the review and analysis of program reports; extended communication
with program deans and directors; and additional survey visits. A
monitoring plan may require the submission of quarterly reports of
students' performance in courses and clinical learning experiences;
remediation strategies and attrition rates; and reports from an assigned
mentor to the program director. Additional survey visits by a Board
representative may be conducted at appropriate intervals to evaluate
the status of the program. The Board may alter a monitoring plan as
necessary to address the specific needs of a particular program. When
the Board requires monitoring activities to evaluate and assist the
program, monitoring fees will apply.
(J) The program shall not enroll students until the
Board approves the proposal and grants initial approval.
(K) Prior to presentation of the proposal to the Board,
evidence of approval from the appropriate regulatory agencies shall
(L) When the proposal is submitted, an initial approval
fee shall be assessed per §223.1 of this title (relating to Fees).
(M) A proposal without action for one (1) calendar
year shall be considered withdrawn and a new proposal application
and fee, as set forth in §223.1 of this title (relating to Fees)
will be required to begin the new proposal process again.
(N) If the Board denies a proposal, the educational
unit in nursing within the structure of a school, including a college,
university, or career school or college, or a hospital must wait a
minimum of twelve (12) calendar months from the date of the denial
before submitting a new proposal to establish a professional nursing
(3) Survey visits shall be conducted, as necessary,
by staff until full approval status is granted.
(b) Extension Site/Campus.
(1) Only professional nursing education programs that
have full approval with a current NCLEX-RN® examination pass rate
of 80% or better and are in compliance with Board rules are eligible
to initiate or modify an extension site/campus.
(2) Instruction provided for the extension site/campus
may include a variety of instructional methods, shall be consistent
with the main campus program's current curriculum, and shall enable
students to meet the goals, objectives, and competencies of the professional
nursing education program and requirements of the Board as stated
in §§215.1 - 215.13 of this title (relating to Professional
(3) An approved professional nursing education program
desiring to establish an extension site/campus that is consistent
with the main campus program's current curriculum and teaching resources
(A) Complete and submit an application form for approval
of the extension site to Board Staff at least four (4) months prior
to implementation of the extension site/campus; and
(B) Provide information in the application form that
(i) a strong rationale for the establishment of the
extension site in the community;
(ii) availability of a qualified director or coordinator,
if applicable, and qualified faculty;
(iii) adequate educational resources (classrooms, labs,
(iv) documentation of communication and collaboration
with other programs within fifty (50) miles of the extension site;
(v) currently signed contracts from clinical affiliating
agencies to provide clinical practice settings for students;
(vi) projected student enrollments for the first two
(vii) plans for quality instruction;
(viii) a planned schedule for class and clinical learning
activities for one (1) year; and
(ix) notification or approval from the governing entity
and from other regulatory/accrediting agencies, as required. This
includes regional approval of out-of-service extension sites for public
(4) When the curriculum of the extension site/campus
deviates from the original program in any way, the proposed extension
is viewed as a new program and Board Education Guidelines 3.1.1.b
and 3.1.1.c apply.
(5) Extension programs of professional nursing education
programs which have been closed may be reactivated by submitting notification
of reactivation to the Board at least four (4) months prior to reactivation,
using the Board Education Guideline 3.1.2.a. for initiating an extension
(6) A program intending to close an extension site/campus
(A) Notify the Board office at least four (4) months
prior to closure of the extension site/campus; and
(B) Submit required information according to Board
Education Guideline 3.1.2.a., including:
(i) reason for closing the program;
(ii) date of intended closure;
(iii) academic provisions for students; and
(iv) provisions made for access to and storage of vital
(c) Transfer of Administrative Control by Governing
Entity. The authorities of the governing entity shall notify the Board
office in writing of an intent to transfer the administrative authority
of the program. This notification shall follow Board Education Guideline
3.1.3.a. Notification of Transfer of Administrative Control of a Professional
Nursing Education Program or a Professional Nursing Education Program
by the Governing Entity.
(d) Closing a Program.
(1) When the decision to close a program has been made,
the dean or director must notify the Board by submitting a written
plan for closure which includes the following:
(A) reason for closing the program;
(B) date of intended closure;
(C) academic provisions for students to complete the
professional nursing education program and teach-out arrangements
that have been approved by the appropriate Texas agency (i.e., the
THECB, the TWC, or the Board);
(D) provisions made for access to and safe storage
of vital school records, including transcripts of all graduates; and
(E) methods to be used to maintain requirements and
standards until the program closes.
(2) The program shall continue within standards until
all students enrolled in the professional nursing education program
at the time of the decision to close have graduated. In the event
this is not possible, a plan shall be developed whereby students may
transfer to other approved programs.
(3) A program is deemed closed when the program has
not enrolled students for a period of two (2) years since the last
graduating class or student enrollment has not occurred for a two
(2) year period. Board-ordered enrollment suspensions may be an exception.
(4) A program's voluntary closure under this section
may be accepted by the Executive Director of the Board without requirement
of Board ratification. Notice of a program's accepted closure shall
be sent to the director or coordinator and others as determined by
the Board. The chief administrative officer of the governing entity
shall be notified by the Board when the program's closure is accepted
by the Executive Director. The program shall then be removed from
the list of Board approved professional nursing education programs.
(5) A program that has voluntarily closed under this
section may reapply for approval. However, a new proposal may not
be submitted to the Board until at least twelve (12) calendar months
from the date the program's closure was accepted by the Executive
Director have elapsed.
(6) A program submitting its voluntary closure under
this section must comply with all of the requirements of this section.
(e) Approval of a Professional Nursing Education Program
Outside Texas' Jurisdiction to Conduct Clinical Learning Experiences
(1) The professional nursing education program outside
Texas' jurisdiction seeking approval to conduct clinical learning
experiences in Texas should initiate the process with the Board at
least four (4) months prior to the anticipated start date of the clinical
learning experiences in Texas.
(2) A written request, the required fee set forth in §223.1(a)(27)
of this title, and all required supporting documentation shall be
submitted to the Board office following Board Education Guideline
3.1.1.f. Process for Approval of a Nursing Education Program Outside
Texas' Jurisdiction to Conduct Clinical Learning Experiences in Texas.
(3) Evidence that the program has been approved/licensed
or deemed exempt from approval/licensure by the appropriate Texas
agency, (i.e., the THECB, the TWC) to conduct business in the State
of Texas, must be provided before approval can be granted by the Board
for the program to conduct clinical learning experiences in Texas.
(4) Evidence that the program's NCLEX-RN® examination
rate is at least 80% for the current examination year, as that term
is defined in §215.2(20) of this title (relating to Definitions).
(5) The Board may withdraw the approval of any program
that fails to maintain the requirements set forth in Board Education
Guideline 3.1.1.f. and this section.
|Source Note: The provisions of this §215.3 adopted to be effective January 9, 2005, 29 TexReg 12190; amended to be effective February 19, 2008, 33 TexReg 1328; amended to be effective October 19, 2008, 33 TexReg 8509; amended to be effective December 27, 2010, 35 TexReg 11668; amended to be effective October 23, 2012, 37 TexReg 8304; amended to be effective October 1, 2013, 38 TexReg 6596; amended to be effective January 31, 2017, 42 TexReg 312; amended to be effective August 9, 2018, 43 TexReg 5074