Or. Admin. R. 851-061-0030 - Approval of New Nursing Assistant or Medication Aide Education Program

(1) Any person, partnership, association, corporation, or limited liability company desiring to offer education other than just nursing assistant or medication aide education to non-employed students will need to be licensed through the Oregon Higher Education Coordinating Commission in addition to meeting the Board's standards as described in these rules.
(2) All nursing assistant level one, level two, or medication aide education programs must be Board-approved prior to being offered.
(3) Application for initial approval of level one, level two, and medication aide education programs: A facility, agency, on-line program provider, or individual wishing to establish a new nursing assistant level one, level two, or medication aide education program shall make application to the Board at least 45 days in advance of expected start date. The application for initial approval of an education program must include:
(a) A completed application form provided by the Board;
(b) Tentative time schedule for initiating the programs;
(c) Completed application form provided by the Board with resume for all faculty;
(d) Names and addresses of all classroom and clinical facilities;
(e) Name of person authorized to accept service of notices issued by the Board;
(f) Program rationale, philosophy and purpose;
(g) Program outline:
(A) Objectives;
(B) Curriculum content divided into number and sequence of didactic and clinical hours; and
(C) Teaching methodology.
(h) Evaluation method:
(A) Laboratory and clinical skills checklist approved by the Board;
(B) Final exam; and
(C) In addition, for level 2 education programs, a Board-approved competency validation.
(i) Student enrollment agreement and disclosure statement that includes:
(A) Beginning and ending dates of the education;
(B) An outline of the instructional program as required by these rules for which the student is enrolled;
(C) Fees, tuition, and other program costs (books, clothing, etc.) itemized separately;
(D) A published cancellation and refund policy, procedure, and schedule that is fully explained during orientation, prior to the beginning of instruction, and requires no less than:
(i) If the education program discontinues after the fees and tuition have been paid, the program provider must refund the tuition and fees in full if the closure happens before the course is completed;
(ii) If the student cancels enrollment in writing three days before the commencement of the first day of classes or three days before they receive access to the online didactic education, all tuition and fees paid to the program specific to the enrollment agreement, will be refunded, less a cancellation fee that cannot exceed ten percent of the tuition and fees paid; and
(iii) Clearly stated reasons for which a refund will not be granted; and
(E) Information about how the student can file a complaint about the program with the Board; and
(F) Explanation of what job placement assistance the student can expect from the education program.
(4) A site visit may be conducted by representatives of the Board.
(5) The program director will be notified of approval or non-approval. Following receipt of notification from the Board of approval or non-approval:
(a) A program that is approved may begin classes according to the schedule submitted;
(b) A program that is not approved will be notified of the deficiencies and will be re-evaluated after appropriate modifications are made;
(c) A program denied approval may petition the Board for reconsideration.
(6) An approved nursing assistant level one, level 2, or medication aide education program:
(a) Must be required to demonstrate ongoing compliance with the standards of approval at least every two years for continued approval.
(b) Must be surveyed for consideration of continued approval and may have a survey visit or interim self-evaluation report required by the Board at any time.
(c) May be subject to scheduled or non-scheduled site visits for continued approval or any other purpose at any time.
(d) Must submit an interim self-evaluation during the intervening year or as requested by the Board on forms provided by the Board.
(e) Must have records available for review.
(f) Must have adequate financial support for the stability and continuation of the program.
(g) Must have a written agreement with any clinical facility that is not a part of the controlling institution. Written agreements must:
(A) Be mutually agreed upon with the clinical facility;
(B) Be periodically reviewed;
(C) Include provisions for adequate notice of termination;
(D) Specify the responsibility of the education program to the facility and the responsibility of the facility to the education program; and
(E) Identify functions and responsibilities of the parties involved.

Notes

Or. Admin. R. 851-061-0030
BN 6-1999, f. & cert. ef. 7-8-99; BN 5-2002, f. & cert. ef. 3-5-02; BN 1-2004, f. 1-29-04, cert. ef. 2-12-04; BN 7-2006, f. & cert. ef. 5-8-06; BN 2-2008, f. & cert. ef. 2-25-08; BN 2-2011, f. & cert. ef. 7-11-11; BN 13-2013, f. 12-3-13, cert. ef. 1-1-14; BN 5-2014, f. 12-1-14, cert. ef. 1/1/2015; BN 6-2017, f. 7-3-17, cert. ef. 8/1/2017; BN 11-2017, amend filed 12/05/2017, effective 1/1/2018; BN 8-2020, amend filed 12/14/2020, effective 1/1/2021

Statutory/Other Authority: ORS 678.440 & ORS 678.444

Statutes/Other Implemented: ORS 678.444

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