21 NCAC 36 .0405             APPROVAL OF NURSE AIDE EDUCATION PROGRAMS

(a)  The Board of Nursing shall accept those programs approved by DHSR to prepare the nurse aide I.

(b)  The North Carolina Board of Nursing shall approve nurse aide II programs.  Nurse aide II programs may be offered by an individual, agency, or educational institution after the program is approved by the Board.

(1)           Each entity desiring to offer a nurse aide II program shall submit a program approval application at least 60 days prior to offering the program.  It shall include documentation of the following standards:

(A)          students will be supervised by qualified faculty as defined in Subparagraph (b)(3) of this Rule for clinical experience with faculty/student ratio not to exceed 1:10;

(B)          the selection and utilization of clinical facilities must support the program curriculum as outlined in Subparagraph (b)(2) of this Rule;

(C)          a written contract shall exist between the program and clinical facility prior to student clinical experience in the facility;

(D)          admission requirements shall include:

(i)            successful completion of nurse aide I training program or Board of Nursing established equivalent and current nurse aide I listing on DHSR Registry; and

(ii)           GED or high school diploma; and

(iii)          other admission requirements as identified by the program; and

(E)           a procedure for timely processing and disposition of program and student complaints shall be established.

(2)           Level II nurse aide programs shall include a minimum of 80 hours of theory and 80 hours of supervised clinical instruction consistent with the legal scope of practice as defined by the Board of Nursing in Rule .0403(b) of this Section.  Changes made by the Board of Nursing in content hours or scope of practice in the nurse aide II program shall be published in the Bulletin.  Requests by the programs to modify the nurse aide II course content shall be directed to the Board office.

(3)           Minimum competency and qualifications for faculty for the nurse aide Level II programs shall include:

(A)          a current unrestricted license to practice as a registered nurse in North Carolina;

(B)          have had at least two years of direct patient care experiences as an R.N.; and

(C)          have experience teaching adult learners.

(4)           Each nurse aide II program shall furnish the Board records, data, and reports requested by the Board in order to provide information concerning operation of the program and any individual who successfully completes the program.

(5)           When an approved nurse aide II program closes, the Board shall be notified in writing by the program. The Board shall be informed as to permanent storage of student records.

(c)  An annual program report shall be submitted by the Program Director to the Board of Nursing on a Board form by March 15 of each year.  Failure to submit annual report shall result in administrative action affecting approval status as described in Paragraphs (d) and (e) of this Rule.  Complaints regarding nurse aide II programs may result in an on site survey by the North Carolina Board of Nursing.

(d)  Approval status shall be determined by the Board of Nursing using the annual program report, survey report and other data submitted by the program, agencies, or students.  The determination shall result in full approval or approval with stipulations.

(e)  If stipulations have not been met as specified by the Board of Nursing, a hearing shall be held by the Board of Nursing regarding program approval status.  A program may continue to operate while awaiting the hearing before the Board.  EXCEPTION:  In the case of summary suspension of approval as authorized by G.S. 150B-3(c), the program must immediately cease operation.

(1)           When a hearing is scheduled, the Board shall cause notice to be served on the program and shall specify a date for the hearing to be held not less than 20 days from the date on which notice is given.

(2)           If the Board determines from evidence presented at hearing that the program is complying with all federal and state law including these Rules, the Board shall assign the program Full Approval status.

(3)           If the Board, following a hearing, finds that the program is not complying with all federal and state law including these Rules, the Board shall withdraw approval.

(A)          This action constitutes discontinuance of the program; and

(B)          The parent institution shall present a plan to the Board for transfer of students to approved programs or fully refund tuition paid by the student.  Closure shall take place after the transfer of students to approved programs within a time frame established by the Board; and

(C)          The parent institution shall notify the Board of the arrangements for storage of permanent records.

 

History Note:        Authority G.S. 90-171.20(2)(4)(7)d.,e.,g.; 90-171.39; 90-171.40; 90-171.43(4); 90-171.55; 90-171.83; 42 U.S.C.S. 1395i-3 (1987);

Eff. March 1, 1989;

Amended Eff. November 1, 2008; April 1, 2003; August 1, 2002; July 1, 2000; December 1, 1995; March 1, 1990;