Section 214.3 - Program Development, Expansion and Closure(a) New Programs. (1) New vocational 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 vocational nursing education programs.(2) Proposal to establish a new vocational nursing education program. (A) An educational unit in nursing within the structure of a school, including a college, university, or career school or college, or a hospital or military setting is eligible to submit a proposal to establish a new vocational nursing education program.(B) The new vocational 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 vocational 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 program's NCLEX-PN® pass rates are at least 80% for the current examination year, as that term is defined in § 214.2(19) of this chapter (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. Evidence of poor performance by a governing entity's nursing program in another jurisdiction is sufficient grounds for denial of a proposal. Additionally, a proposal will be denied by the Board in accordance with governing statutory requirements.(C) The process to establish a new vocational 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 If the proposal is not ready for the Board's consideration within this time period, the proposal will be considered withdrawn or will be presented to the Board at its next regularly scheduled meeting, with a Staff recommendation of denial/disapproval.(D) The individual writing the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 vocational nursing education program shall be the proposed director and shall meet the qualifications for the program director as specified in § 214.6(f) of this chapter (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 Guideline 3.1.1. available at https://www.bon.texas.gov.(G) After the proposal is submitted and determined to be complete, a preliminary survey visit may be conducted by Board Staff.(H) 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 director or coordinator in directing a nursing program; potential for director or faculty turnover; multiple admission cycles per year; lack of rigor in admission criteria; use of a national curriculum; or potential for a high attrition rate among students. If the director has no experience in the director role, an appropriate mentor will be required to assist the director during the first year of operation.(iii) Board monitoring of a high-risk program may include the review and analysis of program reports; extended communication with program 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.(I) The program shall not enroll students until the Board approves the proposal and grants initial approval.(J) Prior to presentation of the proposal to the Board, evidence of approval from the appropriate regulatory agencies shall be provided.(K) When the proposal is submitted, an initial approval fee shall be assessed per § 223.1 of this title (relating to Fees).(L) 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.(M) 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 or military setting must wait a minimum of twelve (12) calendar months from the date of the denial before submitting a new proposal to establish a vocational nursing education program.(3) Survey visits shall be conducted, as necessary, by staff until full approval status is granted.(b) Extension Site/Campus. (1) Only vocational nursing education programs that have full approval with a current NCLEX-PN® 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 vocational nursing education program and requirements of the Board as stated in §§ 214.1- 214.13 of this chapter (relating to Vocational Nursing Education).(3) An approved vocational nursing education program desiring to establish an extension site/campus that is consistent with the main campus program's current curriculum and teaching resources shall comply with Board Education Guideline 3.1.5 available at https://www.bon.texas.gov and: (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 evidences:(i) a strong rationale for the establishment of the extension site in the community;(ii) availability of a qualified coordinator, if applicable, and qualified faculty;(iii) adequate educational resources (classrooms, labs, and equipment);(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 (2) years;(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 community colleges. (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 Guideline 3.1.1 available at https://www.bon.texas.gov applies.(5) Extension programs of vocational nursing education programs that have been closed may be reactivated by submitting notification of reactivation to the Board at least four (4) months prior to reactivation, using Board Education Guideline 3.1.5 available at https://www.bon.texas.gov.(6) A program intending to close an extension site/campus shall:(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 3.1.7 available at https://www.bon.texas.gov, 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 school records.(7) Consolidation. When a governing entity oversees an extension site/campus or multiple extension sites/campuses with curricula consistent with the curriculum of the main campus, the governing entity and the program director/coordinator may request in a formal letter to the Board consolidation of the extension site(s)/campus(es) with the main program, utilizing one (1) NCLEX-PN® examination testing code thereafter. After the effective date of consolidation, the NCLEX-PN® examination testing code(s) for the extension site(s) will be deactivated/closed. The NCLEX-PN® examination testing code assigned to the main campus will remain as the active code.(c) Transfer of Administrative Control by the 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 3.1.6 available at https://www.bon.texas.gov.(d) Closing a Program. (1) When the decision to close a program has been made, the director/coordinator must notify the Board by submitting a written plan for closure complying with Board Education Guideline 3.1.7 available at https://www.bon.texas.gov, which includes the following: (A) reason for closing the program;(B) date of intended closure;(C) academic provisions for students to complete the vocational 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 vocational 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 vocational 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 Vocational Nursing Education Program Outside Texas' Jurisdiction to Conduct Clinical Learning Experiences in Texas. (1) The vocational 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)(20) of this title, and all required supporting documentation shall be submitted to the Board office following Board Education Guideline 3.1.3 available at https://www.bon.texas.gov. (A) 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.(B) Evidence that the program's NCLEX-PN® examination rate is at least 80% for the current examination year, as that term is defined in § 214.2(19) of this chapter (relating to Definitions).(3) The Board may withdraw the approval of any program that fails to maintain the requirements set forth in Board Education Guideline 3.1.3 available at https://www.bon.texas.gov and this section.22 Tex. Admin. Code § 214.3
The provisions of this §214.3 adopted to be effective February 13, 2005, 30 TexReg 545; amended to be effective July 10, 2005, 30 TexReg 3996; amended to be effective January 10, 2008, 33 TexReg 179; amended to be effective October 19, 2008, 33 TexReg 8501; amended to be effective December 27, 2010, 35 TexReg 11662; amended to be effective October 21, 2012, 37 TexReg 8294; amended to be effective October 1, 2013, 38 TexReg 6593; Amended by Texas Register, Volume 42, Number 04, January 27, 2017, TexReg 311, eff. 1/31/2017; Amended by Texas Register, Volume 43, Number 31, August 3, 2018, TexReg 5072, eff. 8/9/2018; Amended by Texas Register, Volume 48, Number 47, November 24, 2023, TexReg 6906, eff. 11/30/2023