Section R4-33-706. Notice of Deficiency; Correction Plan; Disci- plinary Action; Voluntary Termination

A.      Notice of deficiency. If the Board determines that an assisted living facility caregiver training program does not comply with the requirements in this Article, the Board shall issue a written notice of deficiency to the owner of the training pro- gram. The Board shall include the following in the notice of deficiency:

1.        Description of each deficiency;

2.        Citation to the requirement in this Article with which the training program is not in compliance; and

3.        The time, to a maximum of three months, allowed by the Board for correction of the deficiencies.

B.       Correction plan.

1.        Within 10 days after service of a notice of deficiency under subsection (A), the owner of the served training

program shall submit to the Board a written plan to cor- rect the identified deficiencies;

2.        The Board may conduct onsite or telephonic evaluations during the time for correction to assess progress towards compliance;

3.        The owner of a training program implementing a correc- tion plan shall notify the Board when all corrections have been made; and

4.        After receiving notice under subsection (B)(3) or after the time provided under subsection (A)(3) has expired, the Board shall conduct an onsite evaluation to determine whether all deficiencies listed in the notice under subsec- tion (A) have been corrected.

a.         If the Board determines that all deficiencies have been corrected, the Board shall renew approval of the training program; or

b.        If the Board determines that all deficiencies have not been corrected, the Board shall take disciplinary action under subsection (C).

C.      Disciplinary action.

1.        Under A.R.S. § 36-446.03(P), the Board shall issue a civil money penalty, suspend or revoke approval of an assisted living facility caregiver training program, or place the training program on probation if, following a hearing, the Board determines that the owner of the assisted living facility caregiver training program:

a.         Failed to submit a plan of correction to the Board under R4-33-706(B) within 10 days after service of a notice of deficiency;

b.        Failed to comply with R4-33-702 or R4-33-703 within the time set by the Board under R4-33- 706(A)(3) for correction of deficiencies;

c.         Failed to comply with a federal or state requirement;

d.        Failed to allow the Board to conduct an evaluation under R4-33-702(I);

e.         Failed to comply with R4-33-702(J);

f.         Lent or transferred training program approval to another individual or entity or another training pro- gram, including one owned by the same owner;

g.        Conducted an assisted living facility caregiver train- ing program before obtaining Board approval;

h.        Conducted an assisted living facility caregiver train- ing program after expiration of program approval without timely submitting an application for renewal under R4-33-705;

i.         Falsified an application for assisted living facility caregiver training program approval under R4-33- 704 or R4-33-705;

j.         Violated an order, condition of probation, or stipula- tion issued by the Board; or

k.        Failed to respond to a complaint filed with the Board.

2.        The Board shall conduct hearings under A.R.S. Title 41, Chapter 6, Article 10.

3.        The Board shall include in an order suspending or revok- ing approval of an assisted living facility caregiver train- ing program the time and circumstances under which the owner of the suspended or revoked training program may apply again under R4-33-704 for training program approval.

D.      Voluntary termination. If the owner of an approved assisted living facility caregiver training program decides to terminate the training program, the owner shall:

1.        Provide written notice of the planned termination to the Board; and

2.        Ensure that the training program, including the instruc- tors, is maintained according to this Article until the last student is transferred or completes the training program.

Historical Note

New Section made by final rulemaking at 19 A.A.R.

1619, effective August 4, 2013 (Supp. 13-2).