Section R4-19-212. Notice of Deficiency

A.      Under A.R.S. § 32-1644(D), when surveying or re-surveying a nursing program, the Board shall, upon initially determining that a nursing program is not in compliance with applicable provisions of this Article provide to the nursing program administrator a written notice of deficiencies that establishes a

reasonable time, based upon the number and severity of defi- ciencies, to correct the deficiencies not to exceed 18 months.

1.        The administrator shall, within 30 days from the date of service of the notice of deficiencies, file a plan to correct each of the identified deficiencies after consultation with the Board or designated Board representative.

2.        The administrator may, within 30 days from the date of service of the notice of deficiencies, submit a written request for  a hearing  before  the Board  to appeal  the Board's determination of deficiencies. Hearings shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 10 and 4 A.A.C. 19, Article 6.

3.        If the Board's determination is not appealed or is upheld upon appeal, the Board shall conduct periodic evaluations of the program during the time of correction to determine whether the deficiencies have been corrected.

B.       The Board shall, following a determination of continued non- compliance, rescind the approval of, or restrict admissions to a nursing program if the program fails to comply with Article 2 within the time set by the Board in the notice of deficiencies served upon the program.

1.        The Board shall serve the administrator with a written notice of proposed rescission of approval or restriction of admissions that states the grounds for the proposed action. The administrator shall have 30 days to submit a written request for a hearing to appeal the Board’s pro- posed action. Hearings shall be conducted in accordance with A.R.S. Title 41, Chapter 6, Article 10 and 4 A.A.C. 19, Article 6.

2.        Upon the effective date of a decision to rescind program approval, the nursing program shall immediately cease operation and be removed from the official approved-sta- tus listing. A nursing program that has been ordered to cease operations shall assist currently enrolled students to transfer to an approved nursing program.

C.      In addition to the cause in subsection (B), the Board may, depending on the severity and pattern of violations, issue dis- cipline, rescind approval of or restrict admissions to a nursing program for any of the following causes:

1.        For a program that was served with a notice of deficien- cies within the preceding three years and timely corrected the noticed deficiencies, subsequent noncompliance with the standards in this Article;

2.        Failure to comply with orders of or stipulations with the Board within the time determined by the Board; or

3.        Unprofessional program conduct under R4-19-211.

D.      A parent institution that voluntarily terminates a nursing edu- cation program while under a Board action, including a Notice of Deficiency, shall not apply to open a new nursing education program for a period of two years and shall provide evidence in any future application that the basis for the Board action has been rectified.

Historical Note

Adopted effective July 19, 1995 (Supp. 95-3). Amended by final rulemaking at 7 A.A.R. 5349, effective Novem- ber 8, 2001 (Supp. 01-4). Amended by final rulemaking

at 11 A.A.R. 451, effective March 7, 2005 (05-1). R4-19- 212 renumbered to R4-19-213; New Section R4-19-212 renumbered from R4-19-211 and amended by final rulemaking at 19 A.A.R. 1419, effective July 6, 2013

(Supp. 13-2).