D.C. Mun. Regs. r. 17-9625

Current through Register Vol. 71, No. 33, August 16, 2024

Rule 17-9625 - PERIODIC REVIEW OF APPROVED PROGRAMS

9625.1

Programs approved by the Board to train CNAs shall submit to the Board an annual report and the five hundred dollar ($500) fee in accordance with procedures established by the Board.

9625.2

The Board shall annually re-evaluate the nursing assistant training programs.

9625.3

The Board may make unannounced visits to review and assess each nursing assistant training program to ensure that the program is in compliance with the training requirements in §§ 9627, 9628, 9631 and 9632.

9625.4

The Board shall assess each training program on the basis of visits to the facility, the progress of the training program, annual reporting and any other information deemed appropriate by the Board.

9625.5

Three (3) levels of non-compliance for training programs include:

(a) Level 1 non-compliance:

(1) Up to five percent (5%) of student records reviewed during site visits are out of compliance with § 9631;

(2) Program is in compliance with Sections §§ 9627, 9628, and 9632; or

(3) Annual certification pass rates are below seventy-five percent (75%) but no lower than seventy percent (70%);

(b) Level 2 non-compliance:

(1) Between six percent (6%) and twenty percent (20%) of student records reviewed during site visits are out of compliance with § 9631;

(2) Program is non-compliant with only one (1) of the sections: §§ 9627, 9628, or 9632; or

(3) Annual certification pass rates ar e below seventy percent (70%) but no lower than sixty-five percent (65%);

(c) Level 3 non-compliance:

(1) Twenty-one percent (21%) or more of student records reviewed during site visits are out of compliance with § 9631;

(2) Program is non-compliant with more than one (1) of the sections: §§ 9627, 9628, or 9632; or

(3) Annual certification pass rates are below sixty- five percent (65%).

9625.6

The Board will issue the sanctions to programs for non-compliance violations listed below including, but not limited to:

(a) Level 1 non-compliance:

(1) Conditional Approval;

(2) Corrective action plan is due within thirty (30) days of receipt of the status letter; and

(3) Site visit to review and assess implementation of the corrective actions within six (6) months.

(b) Level 2 non-compliance:

(1) Conditional Approval;

(2) Restricted Admissions;

(3) Board will recommend actions to correct deficiencies; and

(4) Corrective action plan is due within thirty (30) days of receipt of the status letter;

(5) Site visit to review and assess implementation of the corrective actions within six (6) months;

(6) Pass rates reviewed in six (6) months; and

(7) Fine of up to two thousand dollars ($2000) if not in full compliance by the next annual review.

(c) Level 3 non-compliance:

(1) Warning Status;

(2) Restricted Admissions;

(3) Hire consultant to assist in developing and implementing actions to correct deficiencies;

(4) Consultant's report is due to the Board within sixty (60) days;

(5) Site visit to review and assess implementation of corrective actions within six (6) months;

(6) Pass rates reviewed in six (6) months; and

(7) Fine of up to three thousand ($3000) if not in full compliance by the next annual review.

9625.7

The Board shall withdraw approval of a training program in non-compliance if:

(a) It determines that the program has fa iled to implement the approved corrective action plan.

(b) The program has failed to correct deficiencies within time period specified by the Board; or

(c) The education institution loses its licensure.

9625.8

The Board shall investigate all credible and timely complaints made against a program and may conduct hearings in connection with such complaints.

9625.9

Any Board action for suspension or withdrawal of a training program's approval shall take place only upon notice to the program and the opportunity for a hearing in accordance with D.C. Official Code § 3-1205.14 (2016 Repl.).

D.C. Mun. Regs. r. 17-9625

Final Rulemaking published at 65 DCR 11404 (8/23/2019)