Section 6.08 - Non-compliance with the Standards for Nursing Education Program Approval(1)Review of the Approval Status of a Program. Grounds for Board review of a program's approval status and site survey include, but are not limited to, the following:(a) Board's receipt of information documenting a violation of 244 CMR 6.04;(b) with regard to parent institution accreditation, program accreditation or both: 1. failure to obtain or retain accreditation;2. denial, or withdrawal of accreditation; or3. change of accreditation status.(c) failure to provide information to the Board, enrolled students, program applicants, or the public concerning the program, or providing false or misleading information;(d) ongoing difficulty in retaining qualified administrators or faculty;(e) failure to adhere to the program's stated mission, philosophy, outcomes, policies or curriculum plan;(f) failure to provide clinical experiences necessary to meet the student learning outcomes or nursing education outcomes; and(g) ongoing annual NCLEX pass rate less than 80% for first-time writers.(2)Approval with Warning Status. The Board may determine that a program failed to comply with 244 CMR 6.04 and warrants Approval with Warning status. The Board shall notify the chief executive officer of the parent institution and the Administrator, in writing, of the program's Approval with Warning Status, and of the actions the parent institution must take to reestablish compliance with 244 CMR 6.04. Based on its evaluation of the regulatory deficiencies, the Board may also limit the number of students admitted to the program during the period of Approval with Warning. At the conclusion of the designated time period for the correction of the cited deficiencies, the Board shall determine whether the program warrants restoration of its Full Approval status, continuation of the Approval with Warning status for a specified additional period of time with or without a limitation in student admissions or withdrawal of approval. A program placed on Approval with Warning status shall:(a) within three business days of being notified by the Board of the program's Approval with Warning status, update all electronic and print publications to reflect its Approval with Warning status and notify, as directed by the Board, all enrolled students and program applicants in writing, of the program's Approval with Warning status, the basis therefore, and the necessary corrective action(s);(b) correct the deficiencies identified by the Board as directed by the Board; and(c) inform all program graduates that they remain eligible to write the NCLEX.(3)Withdrawal of Approval.(a) The Board shall withdraw its approval of a program after notifying the Administrator and the parent institution, in writing of its continued failure to comply with 244 CMR 6.04 after having been provided an opportunity to correct such deficiencies. Action by the Board to withdraw approval granted a program shall be taken in accordance with M.G.L. c. 112, § 81A. The Board shall make best efforts to time the effective date of withdrawal of approval at the end of a semester or session.(b) Students enrolled in the graduating cohort(s) may write the NCLEX contingent upon the parent institution providing evidence of completion of all program requirements. The parent institution shall provide the Board with information regarding students in the graduating cohort(s) as requested by the Board in order to determine eligibility to write the NCLEX. The parent institution shall notify in writing, and as directed by the Board, all enrolled students who are not in the graduating cohort that the Board has withdrawn the program's approval and that they shall not be eligible as graduates of the program to write the NCLEX.(c) The Administrator shall make all reasonable efforts to assist enrolled students in transferring to a Board-approved program.(4)Reinstatement of Approval. A program whose approval has been withdrawn by the Board may request reinstatement of approval by following the procedure for obtaining Prerequisite Approval Status as set forth in 244 CMR 6.05.Amended by Mass Register Issue 1486, eff. 1/6/2023.Amended by Mass Register Issue 1489, eff. 1/6/2023.