1. (a) New programs.

   1. (1) Proposal to establish a new vocational nursing educational program.

      1. (A) An educational unit in nursing within the structure of a school, including a college, university, or proprietary school (career school or college), or a hospital is eligible to submit a proposal to establish a vocational nursing educational program. Specialized institutions such as nursing homes, tuberculosis hospitals, and others do not qualify as controlling agencies, but may participate with a program as an affiliating health care facility.
      2. (B) The new vocational nursing educational program must be approved/licensed by the appropriate Texas agency, i.e. THECB, TWC, before approval can be granted by the Texas Board of Nursing for the program to be implemented. The proposal to establish a new vocational nursing educational program may be submitted to the Board at the same time that an application is submitted to THECB or TWC, but the proposal cannot be approved by the Board until such time as the proposed program is approved by THECB or TWC.
      3. (C) The process to establish a new vocational nursing educational program shall be initiated with the Board office one year prior to the anticipated start of the program.
      4. (D) The proposal shall be completed under the direction/consultation of a registered nurse who meets the Board-approved qualifications for a program director according to §214.6 of this chapter .
      5. (E) Sufficient nursing faculty, with appropriate expertise, shall be in place for development of the curriculum component of the program.
      6. (F) The proposal shall include information outlined in Board guidelines.
      7. (G) After the proposal is submitted and reviewed, a preliminary survey visit shall be conducted by Board staff prior to presentation to the Board.
      8. (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.
      9. (I) The program shall not admit students until the Board approves the proposal and grants initial approval.
      10. (J) Prior to presentation of the proposal to the Board, evidence of approval from the appropriate regulatory/funding agencies shall be provided.
      11. (K) After the proposal is approved, an initial approval fee shall be assessed per §223.1 (related to Fees).
      12. (L) A proposal without action for one calendar year shall be inactivated.
      13. (M) If the Board denies further consideration of a proposal, the educational unit in nursing within the structure of a school, including a college, university, or proprietary school (career school or college), or a hospital must wait a minimum of twelve calendar months from the date of the denial before submitting a new proposal to establish a vocational nursing educational program.
   2. (2) Survey visits shall be conducted, as necessary, by staff until full approval status is granted.

2. (b) Extension Program.

   1. (1) Only vocational nursing educational programs which have full approval status are eligible to initiate an extension program.

   2. (2) An approved vocational nursing educational program desiring to begin an extension program which duplicates current curriculum and teaching resources shall:

      1. (A) Notify the Board office at least four (4) months prior to implementation of the extension program;
      2. (B) Submit required information according to Board guidelines; and
      3. (C) Provide documentation of notification or approval from the controlling agency, THECB, TWC and /or other regulatory/funding agencies, as applicable, at least four (4) months prior to implementation, as appropriate .
   3. (3) When the extension program's curriculum deviates from the original program in any way, the proposed extension is viewed as a new program and Board guidelines for a new program apply.
   4. (4) Extension programs of vocational nursing educational 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 guidelines for initiating an extension program.

   5. (5) A program intending to close an extension program shall:

      1. (A) Notify the Board office at least four (4) months prior to closure of the extension program.

      2. (B) Submit required information according to Board-approved guidelines including:

         1. (i) reason for closing the program;
         2. (ii) date of intended closure;
         3. (iii) academic provisions for students; and
         4. (iv) provisions made for access to and storage of vital school records.
3. (c) Transfer of Controlling Agency. The authorities of the controlling agency shall notify the Board office in writing of an intent to transfer the administrative authority of the program. This notification shall follow Board guidelines.

4. (d) Closure of a Program. A program shall notify the Board office in writing of their intent to close the program.

   1. (1) The controlling agency shall be responsible for graduating enrolled students or ensuring the satisfactory transfer of those students into another program.
   2. (2) The controlling agency shall provide for permanent storage of student records.
   3. (3) A program is deemed closed when the program has not enrolled students for a period of two years since the last graduating class or student enrollment has not occurred for a two-year period. Board-ordered enrollment suspensions may be an exception.

5. (e) Approval of a Nursing Educational Program Outside Texas' Jurisdiction to Conduct Clinical Learning Experiences in Texas.

   1. (1) The nursing educational program outside Texas' jurisdiction seeking approval to conduct clinical learning experiences in Texas should initiate the process with the Texas Board of Nursing two to three months prior to the anticipated start of the clinical learning experiences in Texas.
   2. (2) A written request and the required supporting documentation shall be submitted to the Board office following Board guidelines.
   3. (3) Evidence that the program has been approved/licensed by the appropriate Texas agency, i.e., THECB, TWC, to conduct business in the State of Texas must be obtained before approval can be granted by the Texas Board of Nursing for the program to conduct clinical learning experiences in Texas.

Source Note: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.