Ariz. Admin. Code § 4-33-706

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-33-706 - Notice of Deficiency; Correction Plan; Disciplinary Action; Voluntary Termination

A. Notice of deficiency. If the Board determines an assisted living facility caregiver or medication management training program does not comply with the requirements in this Article, the Board shall issue a written notice of deficiency to the program owner or person described under R4-33-703.1(A) of the training. The Board shall include the following in the notice of deficiency:

1. Description of each deficiency;

2. Citation to the requirement in this Article with which the training program is not in compliance; and

3. The time, to a maximum of three months, allowed by the Board for correction of the deficiencies.

B. Correction plan.

1. Within 10 days after service of a notice of deficiency under subsection (A), the owner or person described under R4-33-703.1(A) of the served training program shall submit to the Board a written plan to correct the identified deficiencies;

2. The Board may conduct onsite or telephonic evaluations during the time for correction to assess progress towards compliance;

3. The owner or person described under R4-33-703.1(A) of a training program implementing a correction plan shall notify the Board when all corrections have been made; and

4. After receiving notice under subsection (B)(3) or after the time provided under subsection (A)(3) has expired, the Board shall conduct an onsite evaluation to determine whether all deficiencies listed in the notice under subsection (A) have been corrected.

a. If the Board determines all deficiencies have been corrected, the Board shall renew approval of the training program; or

b. If the Board determines all deficiencies have not been corrected, the Board shall take disciplinary action under subsection (C).

C. Disciplinary action.

1. Under A.R.S. § 36-446.03(P), the Board shall issue a civil money penalty, suspend or revoke approval of an assisted living facility caregiver or medication management training program, or place the training program on probation if, following a hearing, the Board determines that the owner or the person described under R4-33-703.1(A):

a. Failed to submit a plan of correction to the Board under R4-33-706(B) within 10 days after service of a notice of deficiency;

b. Failed to comply with R4-33-702, R4-33-703, or R4-33-703.1, as applicable, within the time set by the Board under R4-33-706(A)(3) for correction of deficiencies;

c. Failed to comply with a federal or state requirement;

d. Failed to allow the Board to conduct an evaluation under R4-33-702(J) or R4-33-703.1(D)(6);

e. Failed to comply with R4-33-702(K);

f. Lent or transferred training program approval to another individual or entity or another training program, including one owned by the same owner or person described under R4-33-703.1(A);

g. Conducted an assisted living facility caregiver or medication management training program before obtaining Board approval;

h. Conducted an assisted living facility caregiver or medication management training program after expiration of program approval without timely submitting an application for renewal under R4-33-705 or R4-33-705.1, as applicable;

i. Falsified an application for assisted living facility caregiver or medication management training program approval under R4-33-704, R4-33-704.1, R4-33-705, or R4-33-705.1;

j. Violated an order, condition of probation, or stipulation issued by the Board; or

k. Failed to respond to a complaint filed with the Board.

2. The Board shall conduct hearings under A.R.S. Title 41, Chapter 6, Article 10.

3. The Board shall include in an order suspending or revoking approval of an assisted living facility caregiver or medication management training program the time and circumstances under which the owner or person described under R4-33-703.1(A) of the suspended or revoked training program may apply again under R4-33-704 or R4-33-704.1 for training program approval.

D. Voluntary termination. If the owner or person described under R4-33-703.1(A) of an approved assisted living facility caregiver or medication management training program decides to terminate the training program, the owner or person described under R4-33-703.1(A) shall:

1. Provide written notice of the planned termination to the Board; and

2. Ensure that the training program, including the instructors, is maintained according to this Article until the last student is transferred or completes the training program.

Ariz. Admin. Code § R4-33-706

New Section made by final rulemaking at 19 A.A.R. 1619, effective August 4, 2013 (Supp. 13-2). Amended by final rulemaking at 24 A.A.R. 2734, effective 11/10/2018.