1. (a) The number of students admitted to the program shall be determined by the number of qualified faculty, adequate educational facilities and resources, and the availability of appropriate clinical learning experiences for students. Programs shall not accept admissions after the third day of class.

2. (b) A program must seek approval prior to an increase in enrollment of twenty-five percent (25%) or greater by headcount in one (1) academic year for each nursing program offered. The program must notify Board Staff four (4) months prior to the anticipated increase in enrollment. The Executive Director shall have the authority to approve a requested increase in enrollment on behalf of the Board. When determining whether to approve a request for an increase in enrollment under this rule, the Executive Director and/or the Board shall consider:

   1. (1) the comparison of previous to projected nursing program enrollment by headcount;
   2. (2) enrollment projections and enrollment management plan;
   3. (3) the change of enrollment on faculty workload;
   4. (4) clinical placement/utilization;
   5. (5) additional resources required by the enrollment increase; and
   6. (6) the program's plan to evaluate the effect of the enrollment increase on the program's success.

3. (c) Individuals enrolled in approved vocational nursing education programs preparing students for licensure shall be provided verbal and written information regarding conditions that may disqualify graduates from licensure and of their rights to petition the Board for a Declaratory Order of Eligibility. Required eligibility information includes:

   1. (1) Texas Occupations Code §§301.252, 301.257, and 301.452-.469; and
   2. (2) Sections 213.27 - 213.30 of this chapter (relating to Good Professional Character, Licensure of Individuals with Criminal History, Fitness to Practice, and Declaratory Order of Eligibility for Licensure).

4. (d) The program shall have well-defined, written nursing student policies based upon statutory and Board requirements, including nursing student admission, dismissal, progression, and graduation policies that shall be developed, implemented, and enforced.

   1. (1) Student policies shall be in accordance with the requirements of all applicable federal and state agencies.
   2. (2) Nursing student policies which differ from those of the governing entity shall be in writing and shall be made available to faculty and students.
   3. (3) Applicants shall present evidence of being able to meet objectives/outcomes of the program;
   4. (4) All students shall be pretested. Tests shall measure reading comprehension and mathematical ability.

5. (e) Reasons for dismissal from the program shall be clearly stated in written nursing student policies and shall include any demonstration of the following, including, but not limited to:

   1. (1) evidence of actual or potential harm to patients, clients, or the public;
   2. (2) criminal behavior whether violent or non-violent, directed against persons, property or public order and decency;
   3. (3) intemperate use, abuse of drugs or alcohol, or diagnosis of or treatment for a substance use disorder, mental illness, or diminished mental capacity; and
   4. (4) the lack of good professional character as evidenced by a single incident or an integrated pattern of personal, academic and/or occupational behaviors which indicates that an individual is unable to consistently conform his or her conduct to the requirements of the Nursing Practice Act, the Board's rules and regulations, and generally accepted standards of nursing practice including, but not limited to: behaviors indicating honesty, accountability, trustworthiness, reliability, and integrity.
6. (f) Policies shall facilitate mobility/articulation, be consistent with acceptable educational standards, and be available to students and faculty.

7. (g) Student policies shall be furnished manually or electronically to all students at the beginning of the students' enrollment in the vocational nursing education program.

   1. (1) The program shall maintain a signed receipt of student policies in all students' records.
   2. (2) The program shall maintain evidence of student receipt of the criteria regarding eligibility for licensure, as specifically outlined in subsection (c) of this section.
   3. (3) It is the responsibility of the program and the nursing faculty to define and enforce nursing student policies.
8. (h) Acceptance of transfer students and evaluation of allowable credit for advanced placement remains at the discretion of the director or coordinator of the program and the governing entity. Upon completing the program's requirements, the transferred student is considered to be a graduate of the program.
9. (i) Students shall have mechanisms for input into the development of academic policies and procedures, curriculum planning, and evaluation of teaching effectiveness.
10. (j) Students shall have the opportunity to evaluate faculty, courses, and learning resources and these evaluations shall be documented.

Source Note:The provisions of this §214.8 adopted to be effective February 13, 2005, 30 TexReg 545; 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 April 19, 2016, 41 TexReg 2752.