Arizona Administrative Code
Title 4 - PROFESSIONS AND OCCUPATIONS
Chapter 19 - BOARD OF NURSING
Article 8 - CERTIFIED AND LICENSED NURSING ASSISTANTS AND CERTIFIED MEDICATION ASSISTANTS
Section R4-19-805 - Deficiencies and Rescission of Program Approval, Unprofessional Program Conduct, Voluntary Termination, Disciplinary Action, and Reinstatement
Universal Citation: AZ Admin Code R 4-19-805
Current through Register Vol. 30, No. 38, September 20, 2024
A. Deficiencies and rescission of approval
1. Upon determining
that a training program has not complied with this Article, the Board s may
issue a written notice of deficiency to the program. The Board shall establish
a reasonable period of time, based upon the number and severity of
deficiencies, for correction of the deficiencies. Under no circumstances,
however, shall the period for correction of deficiencies exceed six months .
a. Within ten days from the date that the
notice of deficiency is served, the program shall submit a plan of correction
to the Board.
b. The Board, through
its authorized representative, may approve the plan of correction or require
modifications to the plan if the plan does not adequately address the
deficiencies.
c. The Board may
conduct periodic evaluations and site visits during the period of correction to
ascertain the program's progress toward correcting the deficiencies.
d. The Board shall evaluate the program's
compliance, at a regularly scheduled Board meeting following the period of
correction to determine whether the program has corrected the
deficiencies.
2. The
Board may rescind the approval of a training program or take other disciplinary
action under A.R.S. §
32-1663,
based on the number and severity of violations if the program engages in any of
the following:
a. Failure to submit a plan of
correction to the Board within ten days of service of a notice of
deficiency.
b. Failure to comply
with the requirements of this Article within the period set by the Board in the
notice of deficiency;
c.
Noncompliance with federal, state, or, if applicable, private postsecondary
requirements;
d. Failure to permit
a scheduled or unannounced Board site visit or failure to allow a Board
representative access to program documents, staff or students during a site
visit or investigation;
e. Loaning
or transferring Board program approval to another entity or facility, including
a facility with the same ownership;
f. Offering, advertising, recruiting, or
enrolling students in a training program before Board approval is
granted;
g. Conducting a training
program after expiration of Board approval without filing an application for
renewal of approval before the expiration date;
h. For a long-term care based nursing
assistant program, charging for any portion of the program;
i. Committing an act of unprofessional
program conduct.
B.Unprofessional program conduct. A notice of deficiency or a disciplinary action including denial of approval or rescission of approval may be issued against a training program for any of the following acts of unprofessional conduct:
1. Failing to
maintain minimum standards of acceptable and prevailing educational
practice;
2. Any violation of this
Article;
3. Utilization of students
as labor rather than for educational purposes in a health care
facility;
4. Failing to follow the
program's or parent institution's mission or goals, program design, objectives,
or policies;
5. Failing to provide
the classroom, laboratory or clinical teaching hours required by this Article
or described in the program description;
6. Enrolling students in a program without
adequate faculty, facilities, or clinical experiences, as required by this
Article;
7. Permitting unqualified
persons to supervise teaching-learning experiences in any portion of the
program;
8. Failing to comply with
Board requirements within designated timeframes;
9. Engaging in fraud, misrepresentation or
deceit in advertising, recruiting, promoting or implementing the
program;
10. Making a false,
inaccurate or misleading statement to the Board or the Board's designee in the
course of an investigation, or on any application or information submitted to
the Board or on the program's public website;
11. Failing to supervise students in the
clinical setting in accordance with this Article or allowing more than the
maximum students per clinical instructor prescribed in this Article;
12. Engaging in any other conduct that gives
the Board reasonable cause to believe the program's conduct may be a threat to
the safety or welfare of students, faculty, patients or the public.
13. Failing to:
a. Furnish in writing a full and complete
explanation of a matter reported pursuant to A.R.S. §
32-1664,
or
b. Respond to a subpoena issued
by the Board;
14.
Failing to take appropriate action to safeguard a patient's or resident's
welfare or follow policies and procedures of the program or clinical site
designed to safeguard the patient or resident;
15. Failing to promptly provide make-up
classroom, laboratory, or clinical hours, with adequate notice to students,
equivalent educational content, and reasonable scheduling, when shortages of
hours were caused by the program or program instructors;
16. Failing to promptly remove, or adequately
discipline or train, program instructors whose conduct violates this Article or
may be a threat to the safety or welfare of students, patients, residents, or
the public.
17. Engaging in
retaliatory, threatening, or intimidating conduct toward current, prospective
or former program students, instructors, other staff, or the public, who make
complaints about any aspect of the program to program staff or the
Board.
C.Disciplinary Action. If the Board issues disciplinary action against the approval of a nursing assistant or medication assistant training program, the program may request a hearing by filing a written request with the Board within 30 days of service of the Board's order . Hearings shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 10, and 4 A.A.C. 19, Article 6.
D.Voluntary termination
1. If a training program is voluntarily
terminating before renewal, the program shall submit a written notice of
termination to the Board.
2. The
program coordinator shall continue the training program, including retaining
necessary instructors, until the last student is transferred or has completed
the training program.
3. Within 15
days after the termination of a training program, the administrator or a
program representative shall notify the Board in writing of the permanent
location and availability of all program records.
4. A program that fails to renew its approval
with the Board shall be considered voluntarily terminated unless there is a
complaint against the program.
E. Re-issuance of approval
1. If the Board revokes the approval of a
training program, the owner, administrator or coordinator of the revoked
program may apply for re-issuance of program approval after a period of two
years by complying with the requirements of this Article. The owner,
administrator and coordinator of a program that had its approval revoked shall
not own, administer or coordinate a training program for a period of two years
from the date of program revocation.
2. If the Board, in lieu of revocation,
accepts a voluntarily surrender of a program's approval, the program's owner,
administrator or coordinator may apply for reissuance of the program's approval
after a period of two years. The owner, administrator and coordinator of a
program that voluntarily surrendered its approval shall not own, administer or
coordinate a training program for a period of two years from the date of the
surrender of approval.
3. A training program
owner, administrator or coordinator whose program approval was voluntarily
surrendered or that had its approval rescinded or revoked shall submit a
complete reissuance application packet in writing that contains all of the
information and documentation required of programs applying for initial
approval . In addition, the program shall provide substantial evidence that the
basis for revocation or voluntary surrender no longer exist and that reissuance
of program approval is in the best interest of the public.
4. The
Board may reissue approval to a training program that meets the requirements of
this Article. A program that is denied reissu-ance of approval may request a
hearing by filing a written request with the Board within 30 days of service of
the Board's order denying reissuance. Hearings shall be conducted in accordance
with A.R.S. Title 41, Chapter 6, Article 10 and 4 A.A.C. 19, Article
6.
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