By: Kolkhorst  S.B. No. 458          (In the Senate - Filed January 13, 2023; February 17, 2023,   read first time and referred to Committee on Health & Human   Services; March 20, 2023, reported adversely, with favorable   Committee Substitute by the following vote:  Yeas 9, Nays 0;   March 20, 2023, sent to printer.)Click here to see the committee vote     COMMITTEE SUBSTITUTE FOR S.B. No. 458 By:  Hancock     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.     * * * * *