SECTION 557.111. Examination

(a) HHSC gives a written examination to each applicant at a site determined by HHSC.

(1) The applicant must meet the requirements of §557.107 of this chapter (relating to Training Requirements; Nursing Graduates; Reciprocity) and §557.109 of this chapter (relating to Application Procedures) before taking the written examination.

(2) The applicant is tested on the subjects taught in the training program curricula and clinical experience. The examination covers an applicant's knowledge of accurate and safe drug therapy that will be administered to a facility's residents.

(3) The examination must be given after the applicant has successfully completed the training program or met the requirements of §557.107(c) - (e) of this chapter (relating to Training Requirements; Nursing Graduates; Reciprocity).

(4) An applicant with a disability, including an applicant with dyslexia as defined in Texas Education Code §51.970 (relating to Instructional Material for Blind and Visually Impaired Students and Students with Dyslexia), may request a reasonable accommodation for the examination under the Americans with Disabilities Act.

(5) Staff of a training program must notify HHSC at least four weeks prior to its requested examination date.

(6) HHSC determines the passing grade on the examination.

(7) If HHSC grades or reviews the examination, HHSC notifies the applicant of the results of the examination not later than the 30th day after the date the applicant took the examination.

(8) If a testing service grades or reviews the examination:

(A) HHSC notifies the applicant of the results of the examination not later than the 14th day after the date HHSC receives the results from the testing service; and

(B) if notice of the examination results will be delayed for longer than 90 days after the examination date, HHSC notifies the applicant of the reasons for the delay before the 90th day.

(9) HHSC may require a testing service to notify an applicant of the results of the applicant's examination.

(10) HHSC notifies in writing an applicant who fails the examination.

(A) HHSC may give an applicant under §557.107(a) of this chapter one subsequent examination, without additional payment of a fee, upon the applicant's written request to HHSC.

(B) A subsequent examination must be completed by the date given in the failure notification. The site of the examination is determined by HHSC.

(C) HHSC gives no further examinations if the student fails the subsequent examination, unless the student enrolls in and successfully completes another training program.

(D) If requested in writing by an applicant who fails the examination, HHSC furnishes the applicant with an analysis of the applicant's performance on the examination.

(b) An applicant who is unable to attend the applicant's scheduled examination due to unforeseen circumstances may be given an examination at another time without payment of an additional fee upon the applicant's written request to HHSC. The examination must be completed within 45 days from the date of the originally scheduled examination. The rescheduled examination must be at a site determined by HHSC.

(c) An applicant whose application for a permit must be denied under §557.113 of this chapter (relating to Determination of Eligibility) is ineligible to take the examination.

Source Note: The provisions of this §557.111 adopted to be effective September 24, 2018, 43 TexReg 6328