By: Kolkhorst	S.B. No. 458

	A BILL TO BE ENTITLED
	AN ACT
	relating to the authorization for and approval of certain nursing
	programs offered by private postsecondary educational institutions
	or for-profit entities.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  Section 61.302, Education Code, is amended by
	adding Subdivisions (12) and (13) to read as follows:
	(12)  "Professional degree" includes a Doctor of
	Medicine (M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental
	Surgery (D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris
	Doctor (J.D.), and Bachelor of Laws (LL.B.).
	(13)  “Nursing degree” means an Associate Degree in
	Nursing (ADN), Bachelor of Science in Nursing (BSN), Master of
	Science in Nursing (MSN), and Doctor of Nursing Practice (DNP).
	SECTION 2.  Section 61.303, Education Code, is amended by
	amending Subsection (c-1) and adding Subsection (c-2) to read as
	follows:
	(c-1)  The board may not approve the issuance of a
	certificate of authorization for an exempt institution to grant a
	professional degree or to represent that credits earned in this
	state are applicable toward a professional degree except to the
	extent allowed for an authorized institution operating under a
	State Authorization Reciprocity Agreement (SARA). [In this
	subsection, "professional degree" includes Doctor of Medicine
	(M.D.), Doctor of Osteopathy (D.O.), Doctor of Dental Surgery
	(D.D.S.), Doctor of Veterinary Medicine (D.V.M.), Juris Doctor
	(J.D.), and Bachelor of Laws (LL.B.).]
	(c-2)  The board may not approve the issuance of a
	certificate of authorization for an exempt institution to grant a
	nursing degree or to represent that credits earned in this state are
	applicable toward a nursing degree except to the extent allowed for
	an authorized institution operating under a State Authorization
	Reciprocity Agreement (SARA).
	SECTION 3.  Section 61.306(c-1), Education Code, is amended
	to read as follows:
	(c-1)  The board may issue a certificate of authority for a
	private postsecondary educational institution to grant a
	professional or nursing degree or to represent that credits earned
	in this state are applicable toward a professional or nursing
	degree only if the board determines that:
	(1)  the capacity and ability of similar professional
	or nursing degree programs at institutions of higher education and
	private or independent institutions of higher education are
	insufficient to meet the state's current market needs;
	(2)  the institution seeking the certificate of
	authority:
	(A)  has the necessary faculty and other resources
	to ensure student success; and
	(B)  is subject to and agrees to meet the same
	standards for approval and all academic criteria applicable to
	similar professional or nursing degree programs offered by
	institutions of higher education and private or independent
	institutions of higher education; and
	(3)  sufficient placements are available to students
	for required field-based experience, such as clinicals or
	clerkships, for the proposed professional or nursing degree.
	SECTION 4.  Subchapter D, Chapter 301, Occupations Code, is
	amended by adding Section 301.1571 to read as follows:
	Sec. 301.1571.  REQUIREMENTS FOR APPROVAL OF FOR-PROFIT
	NURSING EDUCATION PROGRAMS. (a) In this section, "institution of
	higher education" has the meaning assigned by Section 61.003,
	Education Code.
	(b)  The board may not approve an educational program offered
	by a for-profit entity unless the entity submits to the board:
	(1)  evidence satisfactory to the board that the
	program will not result in a decrease in the number of clinical
	practice positions available to students enrolled in nursing
	programs in institutions of higher education in the region in which
	the program will be offered;
	(2)  if applicable, passage rates for graduates of
	programs operated by the entity in other states on the National
	Council Licensure Examination for registered nurses or other
	nationally recognized nursing licensing examination; and
	(3)  a statement from the hospital or other facility at
	which the program's students will complete clinical training that
	the agreement with the entity will not result in a decrease in the
	number of clinical practice positions available to students
	enrolled in nursing programs in institutions of higher education.
	(c)  The board may withdraw approval of an educational
	program offered by a for-profit entity if the board determines that
	the operation of the program has resulted in a decrease in the
	number of clinical practice positions available to students
	enrolled in nursing programs in institutions of higher education.
	SECTION 5.  Section 61.306(d), Education Code, is repealed.
	SECTION 6.  This Act takes effect September 1, 2023.