Section 380-7-3 - APPROVAL OF NURSING EDUCATION PROGRAMSA. Purposes of Nursing Education Program Approval 1. To promote and regulate educational processes that prepare graduates for safe and effective nursing practice.2. To provide eligibility for admission to the licensing examination for graduates of Board approved programs.3. To provide criteria for the development and approval of new and established Nursing Education Programs.4. To provide procedures for the withdrawal of Nursing Education Program approval. B. Establishing a Nursing Education Program (Phases I-III) An educational institution intending to establish a nursing education program must comply with 32 M.R.S. Chapter 31, the Board's Rules and Regulations, and all other state or federal regulations for establishing a nursing education program.
1. Phase I of the Approval Process: Initiating a Nursing Education Program. The Governing Organization wishing to establish a Nursing Education Program (NEP) must comply with the following requirements:
a. The Governing Organization must inform the Board of its intent to establish an NEP and submit documentation of intent.b. The documentation of intent to establish an NEP must include the following information: 1) Name, address, and current accreditation(s) of the Governing Organization.2) Mission of the Governing Organization.3) Relationship of the proposed NEP to the Governing Organization.5) Rationale for establishing the NEP.6) Timetable for development and implementation of the NEP.7) Evidence of adequate financial support and resources for the planning, implementation, and continuation of the NEP.8) Budget for the Nurse Administrator, faculty, and support positions.9) Availability of adequate academic facilities. At a minimum, such facilities need to include space for classroom instruction, faculty offices, storage space, clinical laboratory and/or clinical simulation, and library resources. 10) Description of the potential impact of the proposed NEP on existing NEPs and health care agencies through a Board-approved survey, that includes but is not limited to: a) Utilization of clinical sites.b) Sixty-six percent (66%) response rate, or what is determined by the Board to be reasonable for the demographic location.c) Include NEPs and health care agencies within a hundred (100) mile radius, or what is determined to be reasonable for the demographic location. 11) Proposed job description and qualifications of the Nurse Administrator. 12) Perceived problems in planning, implementing, and continuing the NEP.13) Any additional information requested by the Board.14) Signatures of the Governing Organization's officers.c. The Governing Organization must submit to the Board the results of a current feasibility study that includes objective data regarding the following: 1) Documented need for the NEP, including evidence of potential employment opportunities and nursing workforce needs in the geographic area served.2) Ability to hire a qualified Nurse Administrator, faculty, and support staff.3) Qualifications of and the number of persons in the potential student pool.4) Availability of relevant clinical opportunities.d. The NEP must submit signed commitments from each clinical entity, which includes the type(s) of learning opportunities, average daily census, maximum number of nursing students that can be accommodated from the proposed NEP, and any limitations or restrictions imposed by the clinical entity, including the number of current clinical placements that would need to be reduced in order to meet the needs of the proposed NEP. Board Review Process:
e. The Board reviews the submitted documentation of intent at the next regularly scheduled Board meeting and responds in writing within forty-five (45) days of such meeting.f. If the Board determines that the NEP meets the requirements of Section 3. B.1 Chapter 7 Rules and Regulations, the Board will grant Phase I recognition, and advise the Governing Organization, in writing, that it has permission to proceed with further program development.g. If the Board determines that the NEP does not meet the requirements of Section 3. B.1 Chapter 7 Rules and Regulations, the Board will advise the Governing Organization, in writing, of the specific deficiencies.2. Phase II of the Approval Process: Program Development Phase. Upon receipt of written verification of Phase I recognition from the Board, the NEP enters Phase II, or the program development phase, of the approval process.
At the beginning of Phase II, the Governing Organization must employ a qualified Nurse Administrator. The Nurse Administrator must:
a. Assemble an Advisory Committee that reflects the Communities of Interest.b. With the advice and counsel of the Advisory Committee, provide for the development of an NEP that meets the requirements of these Chapter 7 Rules and Regulations.c. Prepare a written report for Board consideration that provides evidence for the following: 1) Manner and extent of the utilization of the Advisory Committee 2) Demonstration of support and approval from the Governing Organization.3) Compliance with all requirements of Section 4 of these Chapter 7 Rules and Regulations, including but not limited to a fully developed curriculum as outlined in Section 4.D of these Chapter 7 Rules and Regulations.4) Description of approaches to perceived problems in planning, implementation, and continuation of the NEP, as identified in Phase 1.5) Description of newly identified problems perceived in the implementation and continuation of the NEP.d. The Board, at its next regularly scheduled meeting, reviews the required documentation to determine if all requirements are met.e. If the Board determines that the NEP meets the requirements of Section 3. B.2 of these Chapter 7 Rules and Regulations, the Board will grant Interim Approval and authorize the NEP to begin Phase III of the approval process. The Board advises the Governing Organization, in writing, that it has permission to admit students and implement the NEP as set forth in Phase II of these Chapter 7 Rules and Regulations.f. If the Board determines that the NEP does not meet the requirements of Section 3. B.2 of these Chapter 7 Rules and Regulations, the Board advises the Governing Organization, in writing, as to the specific requirements that were not met. The NEP may revise the written report and request reconsideration for Interim Approval at a time not to exceed one (1) year from the date that the Board advises the NEP that all requirements for Interim Approval were not met. During this time that the NEP is attempting to meet the requirements, the Board may require additional reports at its discretion.3. Phase III of the Approval Process: Full Approval (NEPs with Interim Approval). Upon receipt of written verification of Interim Approval, the NEP enters Phase III of the Approval Process.
a. The NEP with Interim Approval must submit semi-annual reports to the Board regarding progress and problems of program implementation and initial implementation of a systematic program evaluation plan (SPE). b. The Board reviews the semi-annual reports and may require additional information.c. Written and published admission policies of the NEP with Interim Approval must be consistent with the Governing Organization policies and meet national accreditation education standards.d. The Board and Executive Director/Assistant Executive Director conduct a site visit within one hundred and eighty (180) days of enrollment of students to the NEP.e. Within forty-five (45) days of the site visit, the Board submits a written report to the NEP for comment. The NEP must respond to the comments within thirty (30) days of receipt of the report. The site visit report and comments are presented to the Board at its next regularly scheduled Board meeting. f. Within twelve (12) months of graduation of the initial class, the NEP must submit data and analyses obtained from the NEP evaluation process.g. At a time not to exceed twelve (12) months following the graduation date of the initial class, the NEP must request Full Approval. The NEP must submit a self-study of program components and outcomes.h. Students admitted to an NEP with Interim Approval are eligible to take the licensing exam at the appropriate time, provided the NEP maintains Interim Approval.i. The National Council Licensure Examination (NCLEX) pass rate for first-time takers must be 80% or higher in order to receive Full Approval.j. The Board may withdraw Interim Approval, in accordance with the Nurse Practice Act (32 M.R.S. Chapter 31), the Administrative Procedure Act (5 M.R.S. Chapter 375), and this chapter, when an NEP fails to maintain the NEP as approved or fails to qualify for Full Approval within twelve (12) months following the graduation date of the initial class. The Board advises the Governing Organization, in writing, of specific deficiencies.k. If the Board determines that the NEP meets the requirements of Section 3 of these Chapter 7 Rules and Regulations, the Board advises the Governing Organization, in writing, that the NEP is granted Full Approval.C. Continuing Approval of a Nursing Education Program Continuing approval is contingent upon meeting the process for national nursing accreditation. 1. NEPs with Full Approval are reviewed in conjunction with their regularly scheduled National Accreditation site visits. This includes reviewing all self-study materials prepared for the national nursing accreditation and may or may not include a site visit. 2. The Board reserves the right to conduct site visits if issues or information are identified that, in the opinion of the Board, warrant an on-site review.3. Within ninety (90) days of a site visit, the Board submits a written report to the NEP for comment. The NEP has ninety (90) days to submit comments in writing. The site visit report and comments (provided in a timely way in advance of the external agenda deadline) are presented to the Board at its next regularly scheduled meeting.4. If the Board determines that NEP meets the requirements of Section 4 of these Chapter 7 Rules and Regulations, the Board advises the Governing Organization, in writing, that it has granted the NEP Continuing Approval.5. If the Board determines that all requirements of Section 4 of these Chapter 7 Rules and Regulations are not met, the Board may, at its discretion and in accordance with the Nurse Practice Act (32 M.R.S. Chapter 31), the Administrative Procedure Act (5 M.R.S. Chapter 375), and this chapter, initiate the process of withdrawal of Full Approval, or allow the NEP to continue for a specified period of time not to exceed one (1) year.D. Change in Approval Status of a Nursing Education Program After consideration of available information, the Board may determine that an NEP's Full Approval status should be completely withdrawn and the NEP closed, or that the NEP should be placed on Conditional Approval, for any of the following reasons: 1. The NEP does not meet or comply with all provisions contained in the Nurse Practice Act (32 M.R.S. Chapter 31), the Board's Rules and Regulations, or other state or federal laws or regulations.2. The NEP has been denied, had withdrawn, or had a change of program accreditation by a: a. National nursing accreditation body approved by the United States Department of Education;b. Regional institutional accreditation agency; or c. National institutional accreditation agency.3. The NEP provided misleading, inaccurate, or falsified information to the Board to obtain or maintain Full Approval.4. The NEP's NCLEX pass rate average falls below 80% for three (3) consecutive years. 5. The NEP willfully refuses to respond to survey requests from the Board.6. Following a decision to place an NEP on Conditional Approval or otherwise withdraw Full Approval, the Board notifies the Governing Organization, in writing, of specific deficiencies within fourteen (14) days of the Board decision.7. The NEP has ninety (90) days from the receipt of the notice of deficiency referenced in Section 3.D.6 of these Chapter 7 Rules and Regulations to provide written documentation regarding the correction of deficiencies or a written plan of correction.8. An NEP with Conditional Approval must submit status reports, on a schedule determined by the Board, concerning correction of the identified deficiencies.9. If the Board finds that an NEP with Conditional Approval has not corrected the deficiencies or met the required conditions within the time period established by the Board, it may withdraw Conditional Approval and close the NEP in accordance with the procedures specified by the Nurse Practice Act (32 M.R.S. Chapter 31), the Administrative Procedure Act (5 M.R.S. Chapter 375), and this chapter. The matter is governed by Section 3.F of these Chapter 7 Rules and Regulations.10. If the Board withdraws Conditional Approval and closes the NEP, the Board notifies the Governing Organization and the Nurse Administrator, in writing, of the grounds for closure within fourteen (14) days of the Board decision.E. Restoring Full Approval to a Nursing Education Program 1. After demonstrating compliance with the Nurse Practice Act (32 M.R.S. Chapter 31), the Board's Rules and Regulations, and all other state or federal regulations, an NEP with Conditional Approval may petition the Board in writing for restoring Full Approval.2. The decision to restore Full Approval rests solely with the Board. 3. If the Board does not restore Full Approval, the NEP may petition the Board for an extension of Conditional Approval not to exceed one (1) year. As part of its petition, the NEP must submit a corrective action plan that includes a time table to correct the identified deficiencies.4. This Section 3.E of these Chapter 7 Rules and Regulations does not apply to programs closed by the Board. Such closed programs must submit an initial application and comply with all Chapter 7 Rules and Regulations.F. Denial or Withdrawal of Approval or Recognition of a Nursing Education Program 1. If the Board determines that an NEP with Phase I recognition, Phase II recognition (Interim Approval), Phase III recognition (Full Approval) or Conditional Approval has not met the standards set forth in the Nurse Practice Act (32 M.R.S. Chapter 31) or these Chapter 7 Rules and Regulations, it may preliminarily deny or withdraw approval of the NEP pursuant to 32 M.R.S. § 2153-A(6). If the NEP wishes to appeal the denial or withdrawal, the NEP must notify the Board within writing within 30 days of the NEP's receipt of the preliminary denial or withdrawal.2. Any request for a hearing contesting the Board's preliminary denial or withdrawal will be governed by the Nurse Practice Act (32 M.R.S. Chapter 31)and the Administrative Procedure Act (5 M.R.S. Chapter 375).3. The NEP must inform its enrolled students and all applicants to the NEP of any change in the program's Approval Status within two (2) weeks of the date on the Board's notification to the NEP. The notification must, to the extent possible, include notification of whether such students or prospective students are eligible to take the licensure examination. G. Voluntary Nursing Education Program Closures 1. NEPs desiring to close must notify the Board, in writing, at least six (6) months prior to the date of closing.2. As part of the notification of closure required in Section 3.G, the NEP must submit a plan assuring smooth transition and the equitable treatment of students affected by the program closure.H. National nursing program accreditation shall be required as of January 1, 2015 and evidence of compliance with the accreditation standards may be used for evaluating continuing approval.