Current through Register Vol. 49, No. 13, September 23, 2024
Subpart 1.
Board notification.
The board shall notify the director of the time allowed for
supplying the information regarding compliance with rules, including time
allowed for completing board-supplied forms and providing materials and
reports. The board shall give the director prior notice for all on-site
surveys; however, notice may not be given for all on-site observations.
Subp. 2.
Survey for evidence
of compliance with nursing education standards.
All Board of Nursing-approved nursing education programs must
provide evidence of current accreditation by a national nursing accrediting
body approved by the United States Department of Education or the Council for
Higher Education Accreditation or its successors as specified in part
6301.2350, subparts
1 and 1a. All reports and
communication with accrediting bodies must be submitted to the board
including:
A. evidence of current
accreditation;
B. accreditation
reports; and
C. any correspondence
related to the status of the program's accreditation.
Subp. 3.
Survey to evidence compliance
with additional statutes and board rules.
The program director must submit the following annual reports
on:
A. advanced standing;
B. workers' compensation coverage;
C. affirmation of compliance with program
approval rules including licensure status of faculty and clinical requirements;
and
D. minimum nursing education
program data set recognized by the board.
Subp. 4.
Survey for licensure
examination success rates for practical and professional nursing
programs.
If the success rates are 75 percent or less for candidates from
the program who, during any calendar year, wrote the licensing examination for
the first time, the board must take one of the actions described in items A to
C and publish the actions, including a report to the accrediting body.
A. Require a plan of corrective action: If
success rates are 75 percent or less for one calendar year, the board shall
require the director to identify factors that are potentially affecting the low
success rate on the licensure examination. The director shall submit a plan of
corrective action by a specified date. The plan of action must be on a
board-supplied form and include the signature of the director and another
institutional administrative academic representative. If in the following year
the success rate is above 75 percent, no action by the board is
required.
B. Survey for corrective
action: If success rates are 75 percent or less for any two consecutive
calendar years, the board shall notify the director of an on-site survey to
identify additional factors affecting the low success rate and review progress
on the plan for corrective action submitted the previous year. The survey must
include the director, faculty, students, and an institutional administrative
academic representative of the institution. The director shall submit a revised
plan of corrective action by a specified date. The plan of corrective action
must be on a board-supplied form and include the signature of the director and
another institutional administrative academic representative. If in the
following year the success rate is above 75 percent, no action is required by
the board.
C. Survey for compliance
with board rules: If success rates are 75 percent or less for any three
consecutive calendar years, the board shall require the director and another
institutional administrative academic representative to meet with a committee
of board members and board staff for an on-site survey for compliance with all
applicable rules and for the implementation of the plan for corrective action
submitted the previous year. Upon completion of the survey, the board shall
take action in compliance with subpart
9.
Subp. 5.
Survey for initial approval of
new nursing education program.
An educational institution intending to establish a nursing
education program in Minnesota must be surveyed as outlined in items A to
C.
A. Phase I - Intent to establish
program.
(1) An educational institution under
Minnesota Statutes, section
148.251,
subdivision 1, must submit a letter of intent to establish a new nursing
education program. The letter of intent must be submitted by the qualified
director of the proposed program. Documentation in the letter of intent to
establish a program must:
(a) be submitted 12
months prior to the intended start date of the program;
(b) include name, address, and current
accreditation of the governing body;
(c) provide rationale for establishing the
nursing education program;
(d)
present a timetable for development and implementation of the nursing
program;
(e) provide evidence of
adequate financial support and resources;
(f) document availability of adequate
academic facilities;
(g) include
impact of the proposed nursing education program on other nursing programs in
the area; and
(h) provide
documentation of authorization by the designated review board for that
educational institution to develop and implement a program.
(2) The board must approve the
document of intent.
(3) Until a
controlling body has received initial approval to conduct a program,
representatives of the body shall use the term "proposed" in all references to
the nursing program.
B.
Phase II - Program development leading to initial approval.
(1) The director of the proposed program must
submit an application for approval documenting compliance with education
standards and criteria specified in this chapter.
(2) Board members must conduct a site visit
when the application demonstrates compliance with nursing education standards
and criteria specified in this chapter.
(3) Board site visitors must submit a
recommendation to the board to grant initial approval or deny initial
approval.
(4) The institution must
not conduct nursing coursework until the board approves the recommendation for
initial approval. This restriction does not prevent the controlling body from
conducting nonnursing courses or from providing continuing education to nursing
personnel.
(5) After receiving
initial approval, the director must submit all required board annual reports
including all reports and communication regarding candidacy for national
nursing education accreditation or nursing-related accreditation.
C. Phase III - Continuing
approval. Under Minnesota Statutes, section
148.251,
subdivision 3, the board must survey initially approved nursing programs, and
continue approval for the program if the program is in compliance with board
rules, including:
(1) meeting the minimum
first-time licensure examination success rate as required by subpart
4; and
(2) acquiring national nursing education
accreditation or nursing-related accreditation, as required by subpart
6.
Subp. 6.
Survey
required.
Under Minnesota Statutes, section
148.251,
subdivision 3, the board must survey all nursing programs to determine if the
board will continue approval. For approval to be continued, a nursing program
must be in compliance with all board rules and must:
A. follow the accreditation cycle and process
for initial or continuation of accreditation of the national nursing education
accrediting or nursing-related accrediting body recognized by the United States
Department of Education or the Council for Higher Education Accreditation or
successors;
B. allow board members
and board staff to accompany surveyors on the accrediting site visit if the
board chooses to conduct joint visits;
C. submit a national nursing accrediting or
nursing-related accrediting body self-study to the board;
D. submit a copy of all communication between
the program and the national nursing accrediting or nursing-related accrediting
body; and
E. submit required annual
board reports.
Subp. 7.
Approval.
The board must act to continue approval if the program:
A. receives initial or continuing national
nursing or nursing-related education accreditation; and
B. is in compliance with all other board
rules and statutes.
Subp.
8.
Program survey.
The board must survey the program for compliance with one or
more applicable rules if:
A.
requirements for approval are changed or added;
B. the board has reason to believe there is a
lack of compliance with the rules; or
C. the board has reason to believe program
personnel are submitting false or misleading information or engaging in
fraudulent practices to obtain or maintain approval.
Subp. 9.
Board action following
survey.
The board shall take one of the following actions upon
completion of a survey:
A. notify the
director in writing that compliance with the rules has been determined;
or
B. notify the director in
writing of allegations of lack of compliance with one or more rules. The notice
must inform the director that either a conference will be held with a board
review panel, or a contested case hearing will be held according to Minnesota
Statutes, chapter 14, and contested case rules in parts
1400.5010 to
1400.8400. If a conference is held
with a board review panel, and the review panel finds that the allegations are:
(1) untrue, then the board shall dismiss the
matter;
(2) true, and
representatives of the program consent, then the panel shall submit a report to
the board; or
(3) true, but the
representatives of the program do not consent to submission of a report to the
board, then the review panel must initiate a contested case hearing according
to Minnesota Statutes, chapter 14, and contested case rules in parts
1400.5010 to
1400.8400.
Subp. 10.
Board action
following conference or hearing.
A.
Upon receipt of the report of the review panel or hearing officer, the board
shall take one of the following actions:
(1)
notify the director in writing that compliance with all rules has been
determined;
(2) issue a reprimand
without changing the approval status if the program is in compliance either at
the time of convening the review panel or hearing or by the time the board
reviews the report of the panel or hearing;
(3) revoke approval and remove the program
from the list of approved programs or deny approval to an applicant if the
board finds the program has had a reasonable opportunity to correct the
deficiency and has failed to do so; or
(4) issue a correction order. The correction
order shall specify the date by which the deficiencies must be corrected. The
correction order expires on that date.
B. If the deficiencies are corrected before
the expiration of the correction order, the director must be notified in
writing that the board has found the program to be in compliance with the
applicable rules.
C. If the
deficiencies are not corrected before expiration of the correction order, the
director must be notified that a conference with a board review panel may be
held, or that a contested case hearing may be held according to Minnesota
Statutes, chapter 14, and contested case rules in parts
1400.5010 to
1400.8400.
(1) The purpose of the review panel or
hearing is to determine if the deficiency was corrected prior to expiration of
the correction order.
(2) If the
deficiency was not corrected prior to expiration of the correction order, the
board shall either remove the program from the list of approved programs or
deny approval to an applicant and report the action to the accrediting
body.
Statutory Authority: MS s
14.386;
148.191
