Or. Admin. Code § 851-061-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 851-061-0050 - Denial or Withdrawal of Program Approval

(1) The Board may deny or withdraw approval if standards for approval of new or existing nursing assistant level one, level two, or medication aide education programs are not being met:

(a) Notice of the deficiency(ies) will be given in writing to the program director;

(b) The program director may submit evidence of correction to the Board;

(c) The Board may withdraw program approval immediately or prescribe the time within which the deficiency(ies) must be corrected;

(d) The approval may be withdrawn if the program fails to correct the deficiency(ies) within the time specified;

(e) A program may request a hearing if the approval is withdrawn; and

(f) The withdrawal may be effective after the last currently enrolled student has completed the program.

(2) Pursuant to Federal Regulations the Board must deny approval to a education program and withdraw approval from a previously approved education program offered by or in a licensed nursing facility or a skilled nursing facility which, in the previous two years:

(a) Is operating under a waiver for coverage by licensed nurses; or

(b) Has been subject to an extended survey or partial extended survey; or

(c) Has been subject to imposition of a denial of payment, temporary manager, or termination; or

(d) Was assessed a civil money penalty affecting eligibility for the federal Nurse Aide Training and Competency Evaluation Program.

(3) A program or facility that has had its approval denied or withdrawn pursuant to OAR 851-061-0050(2) may apply to the Department of Human Services for a Waiver of Program Prohibition.

(4) The Board may withdraw program approval of a nursing assistant level one, level two, or medication aide education program if:

(a) The program cannot provide satisfactory evidence that the standards for nursing assistant level one, level two, or medication aide education programs are consistently maintained as determined by a survey visit or interim self-evaluation report which may be required by the Board at any time, for any purpose, and may be announced or unannounced; or

(b) No classes have been taught for 24 consecutive months; or

(c) The pass rate for graduates of the program falls below 70% for the first-time candidates taking the Board-approved competency examination for two consecutive 12-month periods or below 85% for the first attempt and all subsequent attempts of all exam-takers for the most recent 12 months; or

(d) An education site visit is not permitted, records are not available for review, or access to students or faculty is denied; or

(e) The clinical facility fails to permit a site visit of the education program; or

(f) The parent institution or governing body knowingly makes any false, misleading, or deceptive statements, or submits or causes to be submitted any false, misleading or deceptive information or documentation to the Board or any representative of the Board.

(5) When program approval is withdrawn, the program must:

(a) Submit a plan to the Board within ten working days for completion of the currently enrolled students;

(b) Allow currently enrolled students to complete the course; and

(c) Submit the required student information to the Board, using the Board approved format, when the students have completed the course.

(6) The Board may reinstate approval of the program upon submission of satisfactory evidence that the program meets the Board standards.

Or. Admin. Code § 851-061-0050

BN 6-1999, f. & cert. ef. 7-8-99; BN 1-2004, f. 1-29-04, cert. ef. 2-12-04; BN 6-2008, f. & cert. ef. 6-24-08; BN 2-2011, f. & cert. ef. 7-11-11; BN 5-2014, f. 12-1-14, cert. ef. 1/1/2015; BN 14-2017, amend filed 12/05/2017, effective 1/1/2018; BN 8-2020, amend filed 12/14/2020, effective 1/1/2021; BN 28-2021, amend filed 12/15/2021, effective 1/1/2022

Statutory/Other Authority: ORS 678.440, ORS 678.444

Statutes/Other Implemented: ORS 678.444