1. (a) New Programs.

   1. (1) New nursing educational programs must be approved by the Texas Board of Nursing in order to operate in the State of Texas. The Texas Board of Nursing has established guidelines for the initial approval of schools of nursing or educational programs.

   2. (2) Proposal to establish a new professional pre-licensure nursing educational program.

      1. (A) The proposal to establish a professional nursing educational program may be submitted by:

         1. (i) a college or university accredited by an agency recognized by the Texas Higher Education Coordinating Board (THECB) or holding a certificate of authority from the THECB under provisions leading to accrediting of the institution in due course; or
         2. (ii) a single-purpose school, such as a hospital, proposing a new diploma program.
      2. (B) The new professional nursing educational program must be approved/licensed or deemed exempt by the appropriate Texas agency, before approval can be granted by the Texas Board of Nursing for the program to be implemented. The proposal to establish a new professional 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 professional nursing educational program shall be initiated with the Board office one year prior to the anticipated start of the program.

      4. (D) The individual actually writing the proposal for a new nursing educational program does not have to be a registered nurse or hold a Texas license or a privilege to practice nursing in Texas.

         1. (i) The name and credentials of the author of the proposal must be included in the document.
         2. (ii) At some point, and at least prior to the presentation of the proposal to the Board, an individual must be identified as the prospective dean/director and this individual must meet the rule requirements in §215.6 of this chapter (relating to Administration and Organization) to be a program director.
         3. (iii) The prospective dean/program director must review/revise the proposal and agree with the components of the proposal as being representative of the proposed program that the individual will be responsible for administratively.
      5. (E) Prior to presentation of the proposal to the Board for approval, a minimum of a prospective dean/director and at least one prospective nursing faculty member must be identified and these individuals must review/revise and approve the curriculum that is included with the proposal.
      6. (F) The proposal shall include information outlined in Board guidelines.
      7. (G) A proposal for a new diploma nursing educational 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 and, at a minimum, entitle a graduate of the diploma program to receive an associate degree in nursing.
      8. (H) After the proposal is submitted and reviewed, a preliminary survey visit shall be conducted by Board staff prior to presentation to the Board.
      9. (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.
      10. (J) The program shall not admit students until the Board approves the proposal and grants initial approval.
      11. (K) Prior to presentation of the proposal to the Board, evidence of approval from the appropriate regulatory/funding agencies shall be provided.
      12. (L) When the proposal is submitted, an initial approval fee shall be assessed per §223.1 of this title (relating to Fees).
      13. (M) A proposal without action for one calendar year shall be inactivated.
      14. (N) 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 professional pre-licensure nursing educational program.
   3. (3) Survey visits shall be conducted, as necessary, by staff until full approval status is granted.

2. (b) Extension Program/Campus.

   1. (1) Only nursing educational programs that have full approval are eligible to initiate or modify an extension program/campus.
   2. (2) Instruction provided for the extension program/campus may include a variety of instructional methods, shall be congruent with the program's curriculum plan, and shall enable students to meet the goals, objectives, and competencies of the educational program and requirements of the Board as stated in §§215.1 - 215.13 of this chapter (relating to Professional Nursing Education).

   3. (3) An approved professional nursing educational program intending to establish an extension program/campus that duplicates the main program's/campus' current curriculum and teaching resources shall:

      1. (A) Notify the Board office at least four (4) months prior to implementation of extension programs by any approved program;
      2. (B) Submit required information according to Board-approved guidelines;
      3. (C) Provide documentation to the Board of notification or approval from the controlling agency/governing institution, THECB, TWC and/or other regulatory/funding agencies, as applicable, at least four (4) months prior to implementation, as appropriate.
   4. (4) When the curriculum of the extension/campus 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.
   5. (5) Extension programs of professional pre-licensure 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.

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

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

      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 Administrative Control by Controlling Agency/Governing Institution. The authorities of the controlling agency/governing institution 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) Closing a Program.

   1. (1) When the decision to close a program which provides the entire program of study has been made, the director must notify the Board and submit a written plan for closure which includes the following:

      1. (A) reason for closing the program;
      2. (B) date of intended closure;
      3. (C) academic provisions for students to complete the nursing educational program and teach-out arrangements have been approved by the appropriate Texas agency, (i.e., TWC, THECB, Texas Board of Nursing);
      4. (D) provisions made for access to and safe storage of vital school records, including transcripts of all graduates; and
      5. (E) methods to be used to maintain requirements and standards until the program closes.
   2. (2) The program shall continue within standards until all students enrolled in the nursing educational 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. (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 or deemed exempt from approval/licensure by the appropriate Texas agency, i.e., THECB, 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 §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.