Section R9-10-116. Nutrition and Feeding Assistant Training Pro- grams

A.      For the purposes of this Section, “agency” means an entity other than a nursing care institution that provides the nutrition and feeding assistant training required in A.R.S. § 36-413.

B.       An agency shall apply for approval to operate a nutrition and feeding assistant training program by submitting:

1.        An application in a format provided by the Department that contains:

a.         The name of the agency;

b.        The name, telephone number, and e-mail address of the individual in charge of the proposed nutrition and feeding assistant training program;

c.         The address where the nutrition and feeding assis- tant training program records are maintained;

d.        A description of the training course being offered by the nutrition and feeding assistant training program including for each topic in subsection (I):

i.         The information presented for each topic,

ii.        The amount of time allotted to each topic,

iii.      The skills an individual is expected to acquire for each topic, and

iv.       The testing method used to verify an individual has acquired the stated skills for each topic;

e.         Whether the agency agrees to allow the Depart- ment to submit supplemental requests for infor- mation as specified in subsection (F)(2); and

f.         The signature of the individual in charge of the pro- posed nutrition and feeding assistant training pro- gram and the date signed; and

2.        A copy of the materials used for providing the nutrition and feeding assistant training program.

C.      For an application for an approval of a nutrition and feeding assistant training program, the administrative review time- frame is 30 calendar days, the substantive review time-frame is 30 calendar days, and the overall time-frame is 60 calendar days.

D.      Within 30 calendar days after the receipt of an application in subsection (B), the Department shall:

1.        Issue an approval of the agency’s nutrition and feeding assistant training program;

2.        Provide a notice of administrative completeness to the agency that submitted the application; or

3.        Provide a notice of deficiencies to the agency that submit- ted the application, including a list of the information or documents needed to complete the application.

E.       If the Department provides a notice of deficiencies to an agency:

1.        The administrative completeness review time-frame and the overall time-frame are suspended from the date of the notice of deficiencies until the date the Department receives the missing information or documents from the agency;

2.        If the agency does not submit the missing information or documents to the Department within 30 calendar days, the Department shall consider the application withdrawn; and

3.        If the agency submits the missing information or docu- ments to the Department within 30 calendar days, the substantive review time-frame begins  on the date the

Department receives the missing information or docu- ments.

F.       Within the substantive review time-frame, the Department:

1.        Shall issue or deny an approval of a nutrition and feeding assistant training program; and

2.        May make one written comprehensive request for more information, unless the Department and the agency agree in writing to allow the Department to submit supplemen- tal requests for information.

G.      If the Department issues a written comprehensive request or a supplemental request for information:

1.        The substantive review time-frame and the overall time- frame are suspended from the date of the written compre- hensive request or the supplemental request for informa- tion until the date the Department receives the information requested, and

2.        The agency shall submit to the Department the informa- tion and documents listed in the written comprehensive request or supplemental request for information within 10 working days after the date of the comprehensive written request or supplemental request for information.

H.      The Department shall issue:

1.        An approval for an agency to operate a nutrition and feed- ing assistant training program if the Department deter- mines that the agency and the application complies with

A.R.S. § 36-413 and this Section; or

2.        A denial for an agency that includes the reason for the denial and the process for appeal of the Department’s decision if:

a.         The Department determines that the agency does not comply with A.R.S. § 36-413 and this Section; or

b.        The agency does not submit information and docu- ments listed in the written comprehensive request or supplemental request for information within 10 working days after the date of the comprehensive written request or supplemental request for informa- tion.

I.        An individual in charge of a nutrition and feeding assistant training program shall ensure that:

1.        The materials and coursework for the nutrition and feed- ing assistant training program demonstrate includes the following topics:

a.         Feeding techniques;

b.        Assistance with feeding and hydration;

c.         Communication and interpersonal skills;

d.        Appropriate responses to resident behavior;

e.         Safety  and  emergency   procedures,  including  the Heimlich maneuver;

f.         Infection control;

g.        Resident rights;

h.        Recognizing a change in a resident that is inconsis- tent with the resident’s normal behavior; and

i.         Reporting a change in subsection (I)(1)(h) to a nurse at a nursing care institution;

2.        An individual providing the training course is:

a.         A physician,

b.        A physician assistant,

c.         A registered nurse practitioner,

d.        A registered nurse,

e.         A registered dietitian,

f.         A licensed practical nurse,

g.        A speech-language pathologist, or

h.        An occupational therapist; and

3.        An individual taking the training course completes:

a.         At least eight hours of classroom time, and

b.        Demonstrates that the individual has acquired the skills the individual was expected to acquire.

J.        An individual in charge of a nutrition and feeding assistant training program shall issue a certificate of completion to an individual who completes the training course and demon- strates the skills the individual was expected to acquire as a result of completing the training course that contains:

1.        The name of the agency approved to operate the nutrition and feeding assistant training program;

2.        The  name  of  the   individual  completing  the   training course;

3.        The date of completion;

4.        The name, signature, and professional license of the indi- vidual providing the training course; and

5.        The name and signature of the individual in charge of the nutrition and feeding assistant training program.

K.      The Department may deny, revoke, or suspend an approval to operate a nutrition and feeding assistant training program if an agency operating or applying to operate a nutrition and feeding assistance training program:

1.        Provides false or misleading information to the Depart- ment;

2.        Does not comply with the applicable statutes and rules;

3.        Issues a training completion certificate to an individual who did not:

a.         Complete the nutrition and feeding assistant training program, or

b.        Demonstrate the skills the individual was expected to acquire; or

4.        Does not implement the nutrition and feeding assistant training program as described in or use the materials sub- mitted with the agency’s application.

L.       In determining which action in subsection (K) is appropriate, the Department shall consider the following:

1.        Repeated violations of statutes or rules,

2.        Pattern of non-compliance,

3.        Types of violations,

4.        Severity of violations, and

5.        Number of violations.

Historical Note

Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3559, effective August 1, 2002 (Supp. 02-3). New Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Section R9-10-116 renumbered to Section R9-10-117; new Section R9-10-116 renumbered from R9-10-115 and amended by exempt rulemaking at 20 A.A.R. 1409, pursuant to Laws 2013, Ch. 10, § 13;

effective July 1, 2014 (Supp. 14-2).