1. (a) The progressive designation of approval status is not implied by the order of the following listing. Approval status is based upon each program's performance and demonstrated compliance to the Board's requirements and response to the Board's recommendations. Change from one status to another is based on NCLEX-PN examination pass rates, annual reports, survey visits, and other factors listed under §214.4(b). Types of approval include:

   1. (1) Initial Approval--Initial approval is written authorization by the Board for a new program to admit students and is granted if the program meets the requirements and addresses the recommendations issued by the Board. Initial approval begins with the date of the first student enrollment. The program shall not enroll more than one class per year while on initial approval. Change from initial approval status to full approval status cannot occur until the licensing examination result of the first graduating class is evaluated by the Board.

   2. (2) Full Approval.

      1. (A) Full Approval is granted by the Board to a vocational nursing education program that is in compliance with all requirements and has responded to all recommendations.
      2. (B) Full Approval with Warning is issued by the Board to a vocational nursing education program that is not meeting legal and educational requirements. The program issued a warning is provided a list of the deficiencies and is given a specified time in which to correct the deficiencies.

   3. (3) Conditional Approval--Conditional approval is issued by the Board for a specified time to provide the program opportunity to correct deficiencies.

      1. (A) The program shall not admit students while on conditional status.
      2. (B) The Board may establish specific criteria to be met in order for the program's conditional approval status to be changed.
      3. (C) Depending upon the degree to which the Board's legal and educational requirements are met, the Board may change the approval status to full approval or full approval with warning, or may withdraw approval.
   4. (4) Withdrawal of Approval--The Board may withdraw approval from a program which fails to meet legal and educational requirements within the specified time. The program shall be removed from the list of Board approved vocational nursing education programs.

2. (b) Factors Jeopardizing Program Approval Status--Approval may be changed or withdrawn for any of the following reasons:

   1. (1) deficiencies in compliance with the rule;
   2. (2) utilization of students to meet staffing needs in health care facilities;
   3. (3) noncompliance with school's stated philosophy/mission, program design, objectives/outcomes, and/or policies;
   4. (4) continual failure to submit records and reports to the Board office within designated time frames;
   5. (5) failure to provide sufficient variety and number of clinical learning opportunities for students to achieve stated objectives/outcomes;
   6. (6) failure to comply with Board requirements and to respond to Board recommendations within the specified time;
   7. (7) student enrollments without sufficient faculty, facilities and/or patient census;
   8. (8) failure to maintain a 80% passing rate on the licensing examination by first-time candidates;
   9. (9) failure of program director to document annually the currency of faculty licenses; or
   10. (10) other activities or situations that demonstrate to the Board that a program is not meeting legal requirements and standards.

3. (c) Approval procedures. Approval status is determined annually by the Board on the basis of the program's annual report, NCLEX-PN examination pass rate, and other pertinent data.

   1. (1) Review of annual report. Each approved vocational nursing education program shall submit an annual report regarding its compliance with the Board's legal and educational requirements.

   2. (2) Pass rate of graduates on NCLEX-PN examination.

      1. (A) Eighty percent (80%) of first-time candidates who complete the program of study are required to achieve a passing score on the NCLEX-PN examination.
      2. (B) When the passing score of first-time candidates who complete the vocational nursing education program is less than 80% on the NCLEX-PN examination during the examination year, the nursing program shall submit a self-study report that evaluates factors which contributed to the graduates' performance on the NCLEX-PN examination and a description of the corrective measures to be implemented. The report shall follow Board guidelines.
      3. (C) A warning shall be issued to the program when the pass rate of first-time candidates, as described in subsection (c)(2)(A) of this section, is less than 80% for two consecutive examination years.
      4. (D) A program shall be placed on conditional approval status if, within one examination year from the date the warning is issued, the performance of first- time candidates fails to be at least 80% on the NCLEX-PN examination, or the faculty fail to implement appropriate corrective measures.
      5. (E) Approval status may be withdrawn if the performance of first-time candidates fails to be at least 80% during the examination year following the date that the program was placed on conditional approval.
      6. (F) A program issued a warning or placed on conditional approval status may request a review of the program's approval status by the Board at a regularly scheduled meeting if the program's pass rate for first-time candidates during one examination year is at least 80%.

4. (d) Survey visit. Each vocational nursing education program shall be visited at least every six years after full approval has been granted, unless accredited by a Board-recognized voluntary accrediting body.

   1. (1) The Board may authorize staff to conduct a survey visit at any time based upon established criteria.
   2. (2) After a program is fully approved by the Board, a report from a Board-recognized voluntary accrediting body regarding a program's accreditation status may be accepted in lieu of a Board survey visit.
   3. (3) A written report of the survey visit, annual report, and NCLEX-PN examination pass rate shall be reviewed by the Board at a regularly scheduled meeting.
5. (e) Notice of a program's approval status shall be sent to the director, chief administrative officer of the controlling agency, and others as determined by the Board.

Source Note:The provisions of this §214.4 adopted to be effective February 13, 2005, 30 TexReg 545.