Section R4-19-805. Deficiencies and Rescission of Program Approval, Unprofessional Program Conduct, Voluntary Termi- nation, Disciplinary Action, and Reinstatement

A.      Deficiencies

1.        Upon determining that a training program has not com- plied 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 defi- ciency 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 modi- fications 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 defi- ciencies.

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 pro- gram 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 Arti- cle 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 stu- dents 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 pro- gram, charging for any portion of the program;

i.         Committing an act of unprofessional program con- duct.

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 Arti- cle;

7.        Permitting unqualified persons to supervise teaching- learning experiences in any portion of the program;

8.        Failing to comply with Board requirements within desig- nated timeframes;

9.        Engaging in fraud, misrepresentation or deceit in adver- tising, recruiting, promoting or implementing the pro- gram;

10.     Making a false, inaccurate or misleading statement to the Board or the Board’s designee in the course of an investi- gation, 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 rea- sonable 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, labora- tory, or clinical hours, with adequate notice to students, equivalent educational content, and reasonable schedul- ing, 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 stu- dents, patients, residents, or the public.

17.     Engaging in retaliatory, threatening, or intimidating con- duct toward current, prospective or former program stu- dents, 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 assis- tant training program, the program may request a hearing by filing a written request with the Board within 30 days of ser- vice 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 ter- mination to the Board.

2.        The program coordinator shall continue the training pro- gram, 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 pro- gram, 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 require- ments of this Article. The owner, administrator and coor- dinator 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 revoca- tion.

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 reissuance of approval may request a hear- ing 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.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 757, effective February 4, 2000 (Supp. 00-1). Amended by final rulemaking at 11 A.A.R. 4254, effective Decem- ber 5, 2005 (Supp. 05-4). Amended by final rulemaking

at 20 A.A.R. 1859, effective September 8, 2014 (Supp.

14-3).