Section R4-19-504. Notice of Deficiency; Unprofessional Program Conduct

A.      The Board may periodically survey an advanced practice reg- istered nursing program under its jurisdiction to determine whether criteria for approval are being met.

B.       The Board shall, upon determining that an advanced practice registered nursing program is not in compliance with this Arti- cle, provide to the program administrator a written notice of deficiencies that establishes a reasonable time, based upon the number and severity of deficiencies, to correct the deficien- cies. The time for correction may not exceed 18 months.

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

2.        The program 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 may conduct periodic evaluations of the program during the time of correction to determine whether the deficiencies have been corrected.

C.      The Board shall, following a Board-conducted survey and report, rescind the approval or limit the ability of a program to admit students if the program fails to comply with R4-19-502 within the time set by the Board in the notice of deficiencies provided to the program administrator.

1.        The Board shall serve the program administrator with a written notice of proposed rescission of approval or lim- itation of admission of students that states the grounds for the rescission or limitation. The program administrator has 30 days to submit a written request for a hearing to show cause why approval should not be rescinded or admissions limited. Hearings shall be conducted in accor- dance 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 affected advanced practice registered nurs- ing program shall immediately cease operation and be removed from the official  approved-status listing. An advanced practice registered nursing program that is ordered to cease operations shall assist currently enrolled students to transfer to an approved nursing program.

D.      A disciplinary action, denial of approval, or notice of defi- ciency may be issued against an RNP or CNS nursing program for any of the following acts of unprofessional conduct:

1.        Failure to maintain minimum standards of acceptable and prevailing educational practice;

2.        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;

3.        Utilization of students to meet staffing needs in health care facilities;

4.        Non-compliance with the program or parent institution mission or goals, program design, objectives, or policies;

5.        Failure to provide the variety and number of clinical learning opportunities necessary for students to achieve program outcomes or minimal competence;

6.        Student enrollments without adequate faculty, facilities, or clinical experiences;

7.        Ongoing or repetitive employment of unqualified faculty;

8.        Failure to comply with Board requirements within desig- nated time-frames;

9.        Fraud or deceit in advertising, promoting or implement- ing a nursing program;

10.     Material misrepresentation of fact by the program in any advertisement, application or information submitted to the Board;

11.     Failure to allow Board staff to visit the program or con- duct an investigation;

12.     Any other evidence that gives the Board reasonable cause to believe the program’s conduct may be a threat to the

safety and well-being of students, faculty or potential patients.

Historical Note

Former R4-19-504 renumbered to R4-19-505; new R4- 19-504 made by final rulemaking at 11 A.A.R. 3804,

effective November 12, 2005 (05-3). Amended by final

rulemaking at 19 A.A.R. 1438, effective July 6, 2013

(Supp. 13-2).