49 Pa. Code § 21.33a - Failure to comply with standards
(a) If the Board receives information
suggesting that a nursing education program has not maintained the standards of
this subchapter, the Board will validate the information and will notify the
program, in writing, of the alleged deficiency. The Board may request
information from the program or conduct an announced or unannounced site visit
before notifying the program of the alleged deficiency. The Board may
informally resolve any deficiency.
(b) The Board will notify a program, in
writing, that the program will be placed on provisional approval
status.
(c) The Board will notify a
program on provisional approval status, in writing, of the deficiencies and the
amount of time that will be allowed for correction of the deficiencies that
resulted in the program's placement on provisional approval status. The Board
may extend the time period for correction of deficiencies at its discretion if
the program is making demonstrable progress toward the correction of
deficiencies. If additional deficiencies are identified, the existing
provisional period may be extended at the discretion of the Board .
(d) The Board may place restrictions on a
nursing education program on provisional approval status as deemed necessary by
the Board to bring the program into compliance with this subchapter and will
notify the program, in writing, of the restrictions.
(e) The Board may require that a nursing
education program on provisional approval status prepare and submit additional
reports and will notify the program, in writing, of the reports
required.
(f) The Board may make
announced or unannounced site visits to a nursing education program on
provisional approval status.
(g) A
period of 2 years will be the maximum time period allowed for the correction of
deficiencies that returns the program to compliance with the regulations. A
program may petition the Board for extension of the maximum period and the
Board may, by majority vote, extend the period for good cause demonstrated by
the program.
(h) If the standards
of this subchapter are met within the designated time, the nursing education
program will be removed from provisional approval status. The Board will notify
the program in writing of this action.
(i) If the standards of this subchapter are
not met within the designated time, the nursing education program will be
removed from the approved list as provided in §
21.34 (relating to removal from
approved list).
(j) Within 10 days
of service of a request under subsection (a) or (e) or notice of the imposition
of a restriction under subsection (d), a nursing education program may appeal
the action of the staff as provided in 1 Pa. Code §35.20 (relating to
appeals from actions of the staff).
(k) The failure of a program to cooperate
with the Board by failing to provide requested information or reports, by
refusing or limiting a site visit, or by refusing to adhere to restrictions
mandated by the Board will be considered a violation of the standards for
nursing education programs and may result in immediate referral of the program
to the prosecution division to consider formal action to remove the program
from the approved list as provided in §
21.34.
Notes
The provisions of this § 21.33a adopted under sections 2.1(k) and 6.1 of The Professional Nursing Law (63 P.S. §§ 212.1(k) and 216.1); and sections 9 and 17.6 of the Practical Nurse Law (63 P.S. §§ 659 and 667.6).
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