(a) Purpose. In situations where an individual has demonstrated a knowledge, judgment, or skills deficit, the Board believes that educational courses can serve as an effective form of remediation provided that the courses are well developed, based on sound educational principles, and taught by qualified instructors. This section establishes the requirements for the approval of remedial education course providers and remedial education courses.
(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise:
  (1) Remedial education course--An educational course that:
    (A) meets the requirements of subsection (e) of this section;
    (B) is not currently accredited or approved by a licensing authority or organization recognized by the Board;
    (C) is designed to address an individual's competency deficiencies; and
    (D) is required to be completed by the Board as part of a disciplinary and/or eligibility order.
  (2) Remedial education course provider--An individual or organization that meets the requirements of subsection (d) of this section and is approved by the Board to offer a remedial education course to an individual.
(c) Approval Required. A remedial education course in nursing jurisprudence and ethics, medication administration, physical assessment, pharmacology, and nursing documentation must be approved by the Board. A remedial education course provider seeking to offer one of these remedial education courses must be approved by the Board prior to offering the course to an individual.
(d) Remedial Education Course Providers. A remedial education course provider applicant seeking initial approval from the Board must submit a completed remedial education course provider application to the Board. The provider applicant must verify the application by attesting to the truth and accuracy of the information in the application.
  (1) Application. The Board may require the following items in order to approve or disapprove the application:
    (A) the name, physical address, and mailing address of the provider applicant;
    (B) the name and contact information of the provider applicant's designated authorized representative;
    (C) the process used by the provider applicant for evaluating the credentials and teaching competency of its instructors;
    (D) a statement certifying that the provider applicant will comply with all requirements set forth in this section; and
    (E) any other relevant information reasonably necessary to approve or disapprove the application, as specified by the Board.
  (2) Course Instructors. Provider applicants must certify that all course instructors meet the following requirements:
    (A) An instructor must hold a current license or privilege to practice as a registered nurse (RN) in the state in which the remedial education course will be provided;
    (B) An instructor must hold a master's degree in nursing from an approved or accredited institution or a doctoral degree, that in the Board's opinion, relates to an area of study relevant to the course content;
    (C) An instructor must show evidence of teaching abilities and maintaining current knowledge, clinical expertise, and safety in the subject matter the instructor will teach;
    (D) An instructor must have a minimum of three years recent professional nursing experience. Professional nursing experience includes any activity, assignment, or task in which a nurse utilizes his/her nursing knowledge, judgment, or skills; and
    (E) An instructor may not be the subject of a current eligibility or disciplinary order from a professional licensing board and/or disciplinary authority or have a history of more than one eligibility or disciplinary order from a professional licensing board and/or disciplinary authority.
  (3) Records.
    (A) An approved remedial education course provider must maintain as a part of the provider's records a written statement from each instructor certifying that the instructor is qualified as an instructor, the basis of qualification, and that the instructor agrees to comply with all course requirements outlined in this section.
    (B) An approved remedial education course provider must maintain verification of an individual's participation and completion of a remedial education course and all information described or required under this section for a period of not less than five years.
  (4) Renewal. The Board's approval of a remedial education course provider is valid for a period of up to twenty four months from the date of issuance and shall expire on the last day of the month of March in odd numbered years. A remedial education course provider must renew its Board approval by submitting a renewal application to the Board in advance of its renewal date. A remedial education course provider that has been approved by the Board prior to, or on the effective date of this section, is not required to renew its approval, but must seek the Board's approval and the renewal of such approval for each remedial education course it seeks to offer.
(e) Remedial Education Courses. A remedial education course provider must submit a completed remedial education course application to the Board for each course the provider wishes to offer and pay the required fee specified by §223.1 of this title (relating to Fees), which is not refundable.
  (1) Application. A remedial education course application must include the following:
    (A) a statement identifying the knowledge, skills, or abilities an individual is expected to obtain through completion of the remedial education course;
    (B) a detailed course content outline, measurable learning objectives, and the length of the remedial education course in hours;
    (C) a description of how adult educational and learning principles are reflected in the remedial education course;
    (D) a method of verifying an individual's participation and successful completion of the remedial education course;
    (E) a method of evaluation by which a remedial education course provider measures how effectively the remedial education course meets its objectives and provides for input; and
    (F) any other relevant information reasonably necessary to approve or disapprove the application, as specified by the Board.
  (2) Course content. The course content must:
    (A) meet the requirements specified by the Board for each type of course; and
    (B) be consistent with the following:
      (i) the Occupations Code Chapters 301, 303, 304, and 305;
      (ii) Chapters 211 - 227 of this title;
      (iii) Board position statements 15.1 - 15.26;
      (iv) the Board's adopted Eligibility and Disciplinary Sanction Policies regarding Sexual Misconduct; Fraud, Theft and Deception; Nurses with Substance Abuse, Misuse, Substance Dependency, or other Substance Use Disorder; and Lying and Falsification; and
      (v) the Board's adopted Guidelines for Criminal Conduct.
(f) Remedial education courses may consist of classroom, classroom equivalent, or clinical courses, as specified by the Board.
(g) Renewal. Unless withdrawn or otherwise provided herein, a remedial education course is approved until the approval of the sponsoring remedial education course provider expires. The approval of a remedial education course may be renewed simultaneously with the renewal of the approval of the sponsoring remedial education course provider if the provider certifies on the renewal application that the remedial education course continues to meet the requirements of this section. The approval of a remedial education course that has been approved by the Board prior to, or on the effective date of this section, will expire on March 31, 2013, and must be timely renewed. Its renewal will be valid for up to twenty four months from the date of issuance and shall expire on the last day of the month of March in odd numbered years. All remedial education course providers must pay the required remedial education course renewal fee specified by §223.1 of this title, which is not refundable.
(h) Withdrawal of Approval. The Board may withdraw the approval of a remedial education course provider that fails to maintain compliance with the requirements of this section. If the Board withdraws the approval of a remedial education course provider, the provider shall cease offering all remedial education courses upon notice from the Board. The Board may withdraw the approval of a remedial education course if it fails to comply with the requirements of this section. If the Board withdraws the approval of a remedial education course, the sponsoring remedial education course provider shall cease offering the course upon notice from the Board. Notice is presumed to be effective on the third day after the date on which the Board mails the notice.

Source Note: The provisions of this §217.21 adopted to be effective August 11, 2011, 36 TexReg 4953