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VOLUME 34, NUMBER 7
MONDAY, APRIL 1, 2002
RULE PROPOSAL

LAW AND PUBLIC SAFETY
DIVISION OF CONSUMER AFFAIRS
NEW JERSEY BOARD OF NURSING
PROGRAMS IN NURSING EDUCATION

Proposed Repeals and New Rules: N.J.A.C. 13:37-1

Proposed Amendment: N.J.A.C. 13:37-5.5

Authorized By: New Jersey Board of Nursing, Patricia Polansky, Executive Director.

Authority: N.J.S.A. 45:11-24.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2002-131.

Submit written comments by May 31, 2002 to:

Patricia Polansky, Executive Director

New Jersey Board of Nursing

PO Box 45010

124 Halsey Street

Newark, NJ 07101

The agency proposal follows:

Summary

Pursuant to its rulemaking powers found in N.J.S.A. 45:11-24, the New Jersey Board of Nursing (the Board) proposes to repeal the rules currently codified at N.J.A.C. 13:37-1.1 through 1.19 and proposes new rules concerning nursing education programs. The Board also proposes amendments to N.J.A.C. 13:37-5.5.

While most of the proposed repeals and new rules is a reorganization and clarification of current Board requirements, there are several instances where the new rules institute new procedures. In particular, the new rules clearly articulate standards for provisional accreditation, conditional accreditation and probation. Additionally, the new rules introduce new requirements for program curriculum, the surveying of programs, renewing program accreditation and the waiving of on-site surveys for accreditation renewal.

Proposed new rule N.J.A.C. 13:37-1.1 states that, for subchapter 1, the term "accreditation" shall include the accreditation of a professional nursing program or a practical nursing program. The rule also states that a school, division or department of nursing may be eligible to receive accreditation as a nursing program. Generic Doctoral Degree Programs, Generic Master Degree Programs, Baccalaureate Degree Programs, Associate Degree Programs, Diploma Programs and Practical Nursing Degree Programs given by such institutions are eligible for nursing program accreditation.

Proposed new rule N.J.A.C. 13:37-1.2 sets forth what an applicant must submit to the Board when applying for accreditation for a new program in nursing. The applicant must submit a description of the type of program that is to be established, the organizing framework, the philosophy, the objectives and outcomes of the program, evidence of financial resources for the program, a table outlining lines of authority, curricula vitae for all faculty and a letter from the chief executive officer verifying that initial and continued financial support has been secured for the program. The application must be submitted no later than eight months prior to the establishment of a new program. The Board has the option of: granting permission to pursue the development of the program; requiring revisions to the program; or denying permission to establish the program. An institution that has been rejected pursuant to this rule may request an appearance before the Board to seek reconsideration of that rejection. If the applicant is granted permission to establish a program, it must submit to the Board further information such as: the number of students to be admitted to the first four classes; the maximum student enrollment; admission, progression, retention and dismissal policies; an appeals policy; a description of student services; a plan for increases in faculty commensurate with increased student enrollment; the curriculum plan including course objectives for all nursing courses; a written statement describing the support staff; and a written Systematic Plan for Program Evaluation of the effectiveness of the curriculum which identifies any person or group who is interested in the quality of the graduates from a nursing program. The Board, after reviewing this information, will either grant provisional accreditation to the program, require revisions to the program or deny permission to establish a program. An institution that has been rejected may request an appearance before the Board to seek reconsideration.

Proposed new rule N.J.A.C. 13:37-1.3 outlines the status of a program once it has been granted provisional accreditation. A program on provisional status may admit students but will not be accredited until it graduates its first class, has 80 percent of students who take the licensing examination from that class pass and submits a Self Study Report to the Board which shows that the program is in compliance with the requirements of N.J.A.C. 13:37-1.4 through 1.11. If the program is a registered nurse completion program, accreditation will be granted once the program has graduated its first class and has submitted a Self Study Report to the Board. The Board may send a field representative to conduct a survey of the program to assure that the program is in compliance with N.J.A.C. 13:37-1.4 through 1.11. If a program does not meet the requirements set forth in N.J.A.C. 13:37-1.3, it shall remain on provisional accreditation status. A program may only be on provisional accreditation status for two years from the date it graduates its first class. A program that has not met the requirements of this rule in that two year period shall cease to admit students, will be placed on probation until the last student enrolled in the program leaves the program and shall lose accreditation once that last student has left the program. The rule allows a program that has lost provisional accreditation to reapply for accreditation pursuant to N.J.A.C. 13:37-1.2. A program that does not provide students an opportunity to complete their education is prohibited from reapplying for accreditation for ten years.

Proposed new rule N.J.A.C. 13:37-1.4 details the requirements for the organization and administration of a nursing program. A program must have a written organizational and administrative plan, adequate financial resources, a program administrator, written criteria for faculty promotion and retention, written criteria for student admission, promotion, retention and completion and written policies on grading and graduation requirements.

Proposed new rule N.J.A.C. 13:37-1.5 sets forth standards for the organizing framework, philosophy, objectives and outcomes for a nursing program. The rule requires that the faculty of a nursing program develop and revise the organizing framework, program philosophy, program objectives and program outcomes. The program philosophy must include the faculty's beliefs on nursing, humans, health, environment and the teaching-learning process. The program objectives must also identify those competencies a graduate needs to practice nursing. Faculty are also required to develop the Systematic Plan for Program Evaluation and to show that the organizing framework, philosophy, program objectives and program outcomes are integrated into the total program of learning. A nursing program is required to communicate the organizing framework, philosophy, program objectives and program outcomes to students, cooperating facilities, advisory committees and the communities of interests outlined in the Systematic Plan for Program Evaluation. Faculty are required to develop additional requirements for admission to a nursing program, grading policies and requirements for graduation, if any are needed. The rule requires that faculty and the program administrator construct, implement, teach and evaluate the curriculum and requires that the program administrator maintain records that indicate the curriculum has been evaluated pursuant to the Systematic Plan for Program Evaluation.

Proposed new rule N.J.A.C. 13:37-1.6 requires every nursing program to have an administrator and requires that the administrator meet the requirements of N.J.A.C. 13:37-1.7. An administrator for a doctoral degree program, masters degree program or baccalaureate degree program is required to hold a doctoral degree in nursing or a masters degree in nursing with an earned doctoral degree. An administrator for an associate degree program or a diploma program is required to hold a masters degree in nursing and an administrator for a licensed practical nursing program is required to hold a masters degree in nursing. An administrator in a licensed practical nursing program who began his or her employment prior to the effective date of these rules is not required to hold a masters degree but is required to hold a bachelor degree in nursing and to have taken courses in education. The rule further requires that, if an administrator is replaced, the Board must be notified in writing within 30 days.

Proposed new rule N.J.A.C. 13:37-1.7 sets forth qualifications for the faculty of nursing programs. According to the rule, the term "faculty" includes full-time and part-time teachers as well as individuals who teach in clinical agencies. All faculty members must have a current license in New Jersey as a registered professional nurse and documentation which indicates that he or she has taken a course or has professional experience in the area of teaching responsibility. The rule further requires that faculty in baccalaureate degree programs, associate degree programs and diploma degree programs, who began their employment after September 1, 1981, have a masters degree in nursing. Faculty in a licensed practical nursing program who began their employment after September 1, 1981 must have a bachelors degree with a major in nursing. An institution must maintain a record of the professional preparation and experience of all faculty. Faculty members must develop a plan to maintain competency in their area of teaching responsibility and are prohibited from supervising more than 10 students in a clinical setting.

Proposed new rule N.J.A.C. 13:37-1.8 sets forth the requirements for the organization and content of nursing program curriculums. All curriculums must enable students to develop the knowledge, skills and competencies necessary for nursing practice. All nursing courses must be taught by nursing faculty, except for nutrition courses, which may be taught by a dietician with a masters in nutrition, and pharmacology, which may be taught by a licensed pharmacist with a masters degree in pharmacology. The nursing curriculum must be based upon the organizing framework, philosophy, program objectives and program outcomes. Faculty must select clinical experiences for students that correlate to course objectives and competencies. The rule requires that all nursing courses and clinical experiences reflect input from the community of interest identified in the Systematic Plan for Program Evaluation. The curriculum of professional nursing programs must include courses in the sciences, social sciences, humanities and clinical experiences. The curriculum of a practical nursing program must contain courses in the sciences, social sciences and clinical experiences. A practical nursing program must last at least 44 weeks, offer theory and clinical experiences throughout the program and equally distribute time between the theoretical and clinical work.

Proposed new rule N.J.A.C. 13:37-1.9 requires that every program provide classrooms and laboratories for students, and office space, conference rooms and equipment for faculty. Furnishings, supplies and equipment to achieve the program's objectives and outcomes and access to current reference resources must also be provided.

Proposed new rule N.J.A.C. 13:37-1.10 sets forth requirements for clinical agencies. Every nursing program is required to provide clinical experiences through an affiliation with a clinical agency and to have a written agreement with the clinical agency which outlines the terms of their relationship. Any clinical agency not located in New Jersey is required to meet the requirements established by the Board of Nursing in the state in which it is located.

Proposed new rule N.J.A.C. 13:37-1.11 sets forth criteria for student admission, promotion and completion of a nursing program. Programs are required to have written policies for admission, written criteria for granting course credit to students with advanced standing, written policies governing payment of tuition, set dates for the beginning and ending of each term, an appeals process for students, individual liability insurance for each student and written policies regarding health and guidance services. Every program must inform students and applicants for admission that complaints regarding the program may be sent to the Board. The rule also requires a program to distribute information about the school to students and applicants for admission.

Proposed new rule N.J.A.C. 13:37-1.12 sets forth standards for surveying nursing programs. The Board may conduct a survey of any nursing program to ensure that it is in compliance with the requirements of subchapter 1. Such survey will consist of an on-site visit to the program and a review of all documents maintained by the program pursuant to the rules of subchapter 1. If the Board finds that a program is not in compliance with subchapter 1 it will place the program on conditional accreditation pursuant to N.J.A.C. 13:37- 1.16. The rule requires that the Board conduct a survey and an on-site visit of every program every eight years pursuant to N.J.A.C. 13:37-1.13.

Proposed new rule N.J.A.C. 13:37-1.13 sets forth requirements for renewing program accreditation. An accreditation that has been issued prior to the effective date of these rules shall be valid for five years from the date of issuance or last renewal. A program that holds such accreditation shall renew it pursuant to N.J.A.C. 13:37-1.13(b) through (e). Accreditation of a nursing program will be valid for eight years. Prior to expiration of the accreditation the Board will send an accreditation renewal form to the program, along with a notification as to when the on-site visit will occur. The Board may waive the on-site visit if the program requests such a waiver and meets the requirements of N.J.A.C. 13:37-1.14. If the on-site visit is waived, the program shall submit to the Board the completed accreditation renewal form and the accreditation renewal fee required by N.J.A.C. 13:37-5.5(d)3. If a program does not apply, or qualify, for the waiver of the on-site visit, the program administrator must submit to the Board 30 days prior to the on-site visit: the completed accreditation renewal form; the most recent institutional regional accreditation report; the nursing student handbook; course outlines for all nursing courses; description and location of clinical facilities; the Systematic Plan of Evaluation; the program's bylaws; the program's organizational chart; the program's insurance policy; a list of the nursing journals subscribed to by the program's library; and the renewal fee required by N.J.A.C. 13:37-5.5(d)2. After the Board has reviewed the renewal form and the results of the on-site survey, if it has not been waived, it shall decide whether the program conforms to the rules of subchapter 1 and whether its accreditation should be renewed. After making its decision, the Board shall send notification that accreditation has been renewed, or that the program is being placed on conditional accreditation pursuant to N.J.A.C. 13:37-1.17.

Proposed new rule N.J.A.C. 13:37-1.14 sets forth the requirements that programs must meet if they wish to waive the accreditation renewal on-site visit. A program that wishes the on-site visit be waived must submit a waiver request which includes documentation which indicates that the program is accredited by either the National League for Nursing Accreditation (NLNAC) or the Commission on Collegiate Nursing Education (CCNE), a self study which evaluates compliance with the accreditation standards of the Board and either NLNAC or CCNE, a site survey report from either NLNAC or CCNE and the final report from either NLNAC or CCNE. The rule requires that a program that has had the on-site visit waived must notify the Board if its NLNAC or CCNE accreditation status changes. If a program's NLNAC or CCNE accreditation changes, the Board will conduct a survey, including an on-site visit, of the program to verify that it conforms to the dictates of subchapter 1. If a program does not conform to those standards, the program will be placed on conditional accreditation pursuant to N.J.A.C. 13:37-1.16.

Proposed new rule N.J.A.C. 13:37-1.15 sets forth standards for program recordkeeping and reporting requirements. Any records that a program maintains pursuant to the rules of subchapter 1 must be made available to the Board upon request. Every nursing program must maintain a record of nursing department committee meetings and records of student academic data. Every program must maintain a copy of all contracts with clinical agencies and must submit an annual report to the Board.

Proposed new rule N.J.A.C. 13:37-1.16 sets forth requirements that programs must follow when changes are made to a nursing program. A program shall notify the Board of changes in ownership or the dean, director, chair or administrator of the program. A program is prohibited from making a major curriculum change without Board approval and is required to apply to the Board, in writing, for approval to make a change. Major curriculum changes are changes in the organizing framework or philosophy of the program, reorganization of credit allocation, increase or decrease in the number of required credits or an increase or decrease in the length of the program. The application for a major curriculum change must indicate that the change is in compliance with subchapter 1 and must include the rationale for the proposed change, a presentation of the differences between the current program and the proposed change, a timetable for implementation of the change and a plan for the evaluation of the change, including outcomes. After reviewing the request, the Board shall either grant approval for the change, require revisions to the request or deny approval for the curriculum change. A nursing program may request an appearance before the Board for reconsideration of a denial for a curriculum change. If the Board denies a curriculum change, the program may not resubmit a request for the same curriculum change for six months.

Proposed new rule N.J.A.C. 13:37-1.17 sets forth the Board standards for conditional accreditation. A program will be placed on conditional accreditation, for a three year period starting from the effective date of these rules, if it has less than 80 percent of its students pass the licensing examination in one year. After that three year period has expired, a nursing program that has averaged over three years less than 80 percent of its students who take the licensing examination pass the first time will be placed on conditional accreditation. A program will also be placed on conditional accreditation if the Board determines that it is not meeting the requirements of subchapter 1. The Board shall decide if a program is in compliance with the dictates of subchapter 1 based upon the report of a Board representative sent to investigate the program. A program may request an appearance before the Board to reconsider its conditional accreditation status. If a nursing program is placed on conditional accreditation it must notify all students, in writing, that it has been placed on conditional accreditation within 30 days of receiving notification from the Board. A program on conditional accreditation must submit a plan to correct deficiencies in the program within 90 days of receiving notification of being placed on conditional accreditation. Any program that has been placed on conditional accreditation due to test scores must include in its plan that 80 percent of its students who take the licensing examination pass the first time. If the outcomes of the plan are met within 18 months of being placed on conditional accreditation, the program will have its accreditation reinstated. A program that has had its accreditation reinstated after being placed on conditional accreditation due to test scores cannot be placed on conditional accreditation due to test scores again until three years from the reinstatement of accreditation. The eligibility of students enrolled in a program to take the licensing examination shall not be affected if a program is placed on conditional accreditation.

Proposed new rule N.J.A.C. 13:37-1.18 states that a program that is placed on conditional status due to test scores, that is, which does not have 80 percent of its students who take the licensing examination pass the first time, will be placed on probation. A program on conditional status due to not meeting the requirements of subchapter 1 which does not meet the outcomes of its plan in 18 months shall also be placed on probation. A program on probation has the right to an appearance before the Board regarding its probationary status. A program placed on probation must notify, in writing, its students that it has been placed on probation within 30 days of receiving notification. A program on probation is prohibited from admitting any new or transfer students. A program that is placed on probation due to test scores must have a class in which 80 percent of students who take the licensing examination pass the first time within one calendar year of being placed on probation. If a program does not have such a class in that time period the program shall not be eligible to return to accredited status. A program that is placed on probationary status due to not meeting the requirements of subchapter 1 must revise its plan with outcomes to be achieved in one calendar year and submit it to the Board. A program that does not achieve its outcomes shall not be eligible to return to accredited status and shall continue to operate under probationary status until its last student has left. The eligibility of students to take the licensing examination shall not be affected if the program is placed on probation. Once the last student has left the program, the program shall no longer be accredited. A program that is no longer accredited may apply for accreditation pursuant to N.J.A.C. 13:37-1.2.

Proposed new rule N.J.A.C. 13:37-1.19 requires that a program that voluntarily ceases operations must provide for its enrolled students by either phasing students out, that is, allowing enrolled students to continue their studies until they complete the program, or by transferring students to other programs. The eligibility of students to take the licensing examination shall not be affected if a program terminates. The person responsible for the institution shall inform the Board of the intent to terminate the program in writing. The report must include the reasons for terminating the program and the plan for accommodating enrolled students. A program that closes is required to provide for the safekeeping of its records and to inform the Board, at least 10 days prior to the official date of closure, where the records are to be stored.

The proposed amendment to N.J.A.C. 13:37-5.5 sets forth fees the Board will charge nursing programs. Every program will be required to pay a fee of $1,000 when applying for initial accreditation. When renewing accreditation, a program will be required to pay $1,000, if the on-site visit has not been waived, and $400.00 if the on-site visit is waived. Pursuant to N.J.S.A. 45:1-3.2, the fee set by a professional board must defray the appropriate expenses it incurs in performing its duties. A Board may not raise fees in excess of estimated expenses. A Division of Consumer Affairs fiscal officer recently completed a financial analysis of the accreditation process and determined that these fees are necessary and appropriate to satisfy current and anticipated expense levels with regard to accrediting nursing programs, as required by N.J.S.A. 45:1- 3.2.

As the Board has provided a 60-day comment period on this notice of proposal, this notice is excepted from the rulemaking calendar requirement pursuant to N.J.A.C. 1:30-3.3(a)5.

Social Impact

The proposed new rules set forth standards to ensure that nursing programs teach student nurses to practice with skill, knowledge, care and competence. These rules will benefit existing and proposed new nursing programs by giving clear guidance how existing programs should be run and clear standards how a proposed program obtains accreditation. New rules that govern provisional accreditation, conditional accreditation and probation will let programs know why they are placed on such status and what they must do to be placed on full accreditation status. This will ensure that programs are run efficiently and effectively train students for practice as nurses. New rules governing a program's curriculum reflect the current practice of nursing and the information a student needs to prepare for practice. New rules governing the surveying of programs and renewing of accreditation ensure that programs maintain the high standards required of them; while the rules allowing a program to waive an on-site survey ensure that this review of programs is not unduly burdensome. The proposed new rules will benefit nursing students because they ensure that the nursing programs the students attend will adequately prepare them to pass the licensing examination and practice as licensees. The Board believes these new rules will ensure that, after completing their education, nurses will practice in a way that protects the health, safety and welfare of the patients who ultimately will receive care from these students.

Economic Impact

The Board believes that the proposed new rules and amendment will have an economic impact on nursing programs. The proposed amendment to N.J.A.C. 13:37-5.5 sets forth fees that nursing programs must pay when they apply for initial accreditation and when renewing accreditation. This is a new cost in that the existing rules do not require nursing programs to pay an initial accreditation fee or a renewal fee. Requirements that the Board currently imposes on nursing programs will continue to impose costs on nursing programs pursuant to the proposed new rules. The Board imposes costs for nursing programs by requiring that they submit information to the Board. Proposed N.J.A.C. 13:37-1.2 requires a program to submit an application to the Board when seeking to establish a program. Proposed N.J.A.C. 13:37-1.3 requires programs to submit a self study. Proposed N.J.A.C. 13:37-1.15 requires programs to submit an annual report every year. The costs of preparing and submitting this information is borne by the program. Additional costs are imposed by proposed N.J.A.C. 13:37-1.19, which requires programs that cease operation to provide for the safekeeping of records, and proposed N.J.A.C. 13:37-1.18, which prohibits a program from admitting new students once it has been placed on probation. This imposes an economic impact on a program as it cannot admit new students and therefore a source of revenue is curtailed.

The new rules also impose new costs on nursing programs. Proposed N.J.A.C. 13:37-1.13 imposes a cost on programs by requiring them to submit information prior to an on-site visit for renewal of accreditation. Proposed N.J.A.C. 13:37-1.14 imposes a cost on programs by requiring them to submit an application when seeking a waiver of the on-site visit. Proposed N.J.A.C. 13:37-1.17 requires programs to submit a plan with outcomes if the program is placed on conditional accreditation. Proposed N.J.A.C. 13:37-1.18 requires a program to submit a plan with outcomes if the program is placed on probation. The costs of preparing and submitting this information is borne by the program. Proposed N.J.A.C. 13:37-1.14 imposes a cost on programs that seek to waive the on-site visit for renewal of accreditation because the rule requires such programs to be accredited by the NLNAC or CCNE and programs will incur costs to obtain and maintainthis accreditation.

The proposed new rules do not directly impose any costs on students.

Federal Standards Statement

A Federal standards analysis is not required because the proposed repeals, new rules and amendment do not involve any Federal standards or requirements.

Jobs Impact

The Board believes that the proposed new rules may lead to a slight increase in the number of jobs in the State. Programs may choose to hire consultants to help prepare the information that needs to be submitted to the Board when applying for accreditation, renewal of accreditation or submitting a plan to return to accredited status. The Board does not believe that the new rules and amendment will lead to the creation or elimination of any other jobs in the State.

Agriculture Industry Impact

The proposed repeals, new rules and amendment will not impact the agriculture industry of this State.

Regulatory Flexibility Analysis

If, for the purposes of the Regulatory Flexibility Act, N.J.S.A. 52:14B-16 et seq., the approximately 70 nursing programs that instruct student nurses are considered "small businesses," then the following analysis applies.

The Act requires the Board to set forth the reporting, recordkeeping and other compliance requirements of the proposal including the kinds of professional services likely to be needed to comply. The Act further requires the Board to estimate the initial and annual compliance costs of the proposal with an indication of the varying impact on small businesses of differing types and sizes and to outline the manner in which it has designed the rules to minimize any adverse economic impact upon small businesses.

The costs imposed on small businesses by the proposed repeals, new rules and amendment are the same costs that are imposed on all businesses as outlined in the Economic Impact above.

Nursing programs may choose to employ the professional services of a consultant to prepare documents for submission to the Board as outlined in the Jobs Impact statement above. The Board does not believe that nursing programs will need to employ any other professional services to comply with the requirements of the proposal.

The proposed new rules impose several compliance requirements. Proposed N.J.A.C. 13:37-1.2 requires a nursing program that wishes to be accredited to apply to the Board for accreditation. Proposed N.J.A.C. 13:37-1.5 requires faculty to develop a written model of the organizing framework, program objectives, outcomes and philosophy. The rule also requires faculty to identify competencies for entry into nursing practice, to develop the Systematic Plan for Program Evaluation and to integrate the framework, philosophy, program objectives and program outcomes into the total program of learning. Faculty is required to communicate to students and communities of interest the organizing framework, philosophy, program objectives and outcomes and develop any additional policies on admissions, grading or graduation as needed. The faculty is also required to develop the curriculum. Proposed N.J.A.C. 13:37-1.6 requires every program to have an administrator who meets the requirements of N.J.A.C. 13:37-1.7 and who holds a doctoral degree or masters degree, depending on the program. Proposed N.J.A.C. 13:37-1.7 requires that each faculty member be licensed as a registered professional nurse in this State, have experience in the area taught and hold a degree in nursing. The rule also requires faculty to develop a plan to maintain competency and requires that the faculty to student ratio in the clinical setting not exceed ten students to every faculty member. Proposed N.J.A.C. 13:37-1.8 requires that nursing courses be taught by nursing faculty, that the curriculum be based on the organizing framework, program objectives, outcomes and philosophy, that the faculty select clinical experiences that correlate to course objectives and that courses reflect input from the community of interest the program has identified. The rule also outlines what information the curriculum must cover and dictates the length of a practical nursing program. Proposed N.J.A.C. 13:37-1.9 sets forth what a nursing program must provide students and faculty by way of physical accommodations. Proposed N.J.A.C. 13:37-1.10 requires nursing programs to provide clinical experiences for students and to memorialize agreements with clinical agencies in writing. Proposed N.J.A.C. 13:37-1.11 outlines what policies a nursing program must develop to deal with student admissions and promotion. Proposed N.J.A.C. 13:37-1.13 dictates what information a program must submit to the Board when renewing accreditation. Proposed N.J.A.C. 13:37-1.14 sets forth what a program must submit if it wishes to have the on-site accreditation renewal visit waived. Proposed N.J.A.C. 13:37-1.16 requires a program to apply to the Board if it wishes to make a major curriculum change. N.J.A.C. 13:37- 1.19 requires programs that cease operation to either phase out students or transfer them to other schools.

The proposed new rules impose several reporting requirements. Proposed N.J.A.C. 13:37-1.3 requires a nursing program to submit a Self-Study Report to the Board if it wishes to be accredited. Proposed N.J.A.C. 13:37-1.5 requires nursing programs to communicate the organizing framework, philosophy, program objectives and program outcomes to students, affiliates, committees and communities of interest. Proposed N.J.A.C. 13:37-1.6 requires a program to notify the Board if the program administrator is replaced. Proposed N.J.A.C. 13:37-1.14 requires a nursing program that had the on-site visit waived for the renewal of accreditation to notify the Board if its NLNAC or CCNE accreditation status changes. Proposed N.J.A.C. 13:37-1.15 requires a program to submit an annual report to the Board. Proposed N.J.A.C. 13:37-1.16 requires a nursing program to notify the Board if it changes ownership or replaces the dean, director or program administrator. Proposed N.J.A.C. 13:37-1.17 requires programs that are placed on conditional status to inform its students that it has been placed on conditional status and to submit a plan to the Board that corrects deficiencies in the program. Proposed N.J.A.C. 13:37-1.18 requires a program to notify students if it is placed on probation, prohibits a program on probation from admitting new students, and sets standards a program must meet if it wishes to have its accreditation reinstated. Proposed N.J.A.C. 13:37-1.19 requires a program to notify the Board if it plans to cease operation and to tell the Board where it will keep program records after it ceases operations.

The proposed new rules also impose several recordkeeping requirements. N.J.A.C. 13:37-1.4 requires a nursing program to maintain written plans regarding organization and administration, faculty promotion and retention, student admission and promotion and grading. N.J.A.C. 13:37-1.5 requires a program to maintain a record of the organizing framework, program objectives, outcomes and philosophy. The rule also requires programs to maintain a Systematic Plan for Program Evaluation and to keep records that indicate whether the curriculum has been evaluated pursuant to the Systematic Plan for Program Evaluation. N.J.A.C. 13:37-1.7 requires nursing faculty to maintain records that indicate whether they have experience in the area in which they teach and requires the program to keep a record of the professional preparation and experience of all faculty. N.J.A.C. 13:37-1.15 requires nursing programs to maintain records of their nursing department committee minutes, of student academic data and a copy of all contracts with clinical agencies. N.J.A.C. 13:37-1.19 requires nursing programs that cease operations to provide for the safekeeping of all program records.

The Board believes that because the proposed new rules further the welfare and safety of the public in its dealings with nurses, by ensuring that these nurses have proper instruction, the proposed amendments and proposed new rule must be applied uniformly to all nursing programs regardless of their size.

Smart Growth Impact

The Board does not anticipate that the proposed repeals, new rules and amendment will have any impact on the achievement of smart growth in the implementation of the State Development and Redevelopment Plan, otherwise known as the State Plan.

Full text of the proposed repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:37-1.

Full text of the proposed new rules and amendment follows:

<<+SUBCHAPTER 1. PROGRAMS IN NURSING EDUCATION+>>

<< NJ ADC 13:37-1.1 >>

<<+13:37-1.1 Eligibility for accreditation+>>

<<+(a) For purposes of this subchapter, the term "accreditation" shall include the accreditation of professional nursing programs and the approval of practical nursing programs.+>>

<<+(b) The following educational institutions are eligible for accreditation to provide nursing programs:+>>

<<+1. A school, division or department of nursing authorized to operate by its own charter, articles of incorporation or resolution of the governing board of its sponsoring institution; or+>>

<<+2. Degree granting institutions licensed by the New Jersey Commission on Higher Education and accredited by a regional accrediting agency recognized by the United States Department of Education.+>>

<<+(c) The following educational programs, when offered by an institution that meets the requirements of (b) above, shall be considered eligible for accreditation by the Board as nursing programs:+>>

<<+1. Generic doctoral degree programs: For purposes of this subchapter, a generic doctoral degree program means a program conducted by an educational institution with a program in nursing, which leads to a doctoral degree in nursing. The educational institution shall be licensed by the New Jersey Commission on Higher Education for the purpose of granting doctoral degrees;+>>

<<+2. Generic masters degree programs: For purposes of this subchapter, a generic masters degree program means a program conducted by an educational institution with a program in nursing, which leads to a masters degree in nursing. The educational institution shall be licensed by the New Jersey Commission on Higher Education for the purpose of granting masters degrees;+>>

<<+3. Baccalaureate degree programs: For purposes of this subchapter, a baccalaureate degree program is a program conducted by an educational institution with a program in nursing, which leads to a baccalaureate degree in nursing. The educational institution shall be licensed by the New Jersey Commission on Higher Education for the purpose of granting baccalaureate degrees. Registered professional nurse completion programs, which are educational programs that provide licensed registered nurses who do not have a baccalaureate degree the opportunity to complete their baccalaureate degrees, shall be considered baccalaureate degree programs.+>>

<<+4. Associate degree programs: For purposes of this subchapter, an associate degree program means a program conducted by an educational institution with a program which leads to an associate degree in nursing. The educational institution shall be licensed by the New Jersey Commission on Higher Education for the purpose of granting associate degrees;+>>

<<+5. Diploma programs: For purposes of this subchapter, a diploma program means a program conducted by a nursing school under the sponsorship of a hospital or consortium of hospitals in the State of New Jersey, that leads to a diploma in nursing or, in collaboration with a college or university, grants an Associate in Applied Science degree or Associate in Science degree; and+>>

<<+6. Practical nursing programs: For purposes of this subchapter, a practical nursing program means a program conducted for the purposes of providing education in practical nursing, that leads to a diploma or certificate in practical nursing, and which is not operated by any local, county or State Board of Education in this State. A practical nursing program that is operated by a board of education is not under the jurisdiction of the Board pursuant to N.J.S.A. 45:11-24 and is not required to meet the requirements of this subchapter.+>>

<< NJ ADC 13:37-1.2 >>

<<+13:37-1.2 Application for establishment of a new program in nursing+>>

<<+(a) An educational institution seeking to establish a new program in nursing shall submit in writing to the Board an application consisting of the following items:+>>

<<+1. The type of program, for example, generic doctoral degree program or baccalaureate degree program;+>>

<<+2. The organizing framework, philosophy, objectives and outcomes of the program in accordance with N.J.A.C. 13:37-1.5;+>>

<<+3. Evidence of financial resources adequate for the planning, implementation and continuation of the program, including a projected five- year budget;+>>

<<+4. A table of organization describing the lines of authority and the administrative structure of the program;+>>

<<+5. Curricula vitae for all faculty and consultants responsible for the development and administration of the program; and+>>

<<+6. A letter from the chief executive officer which reflects that he or she has secured initial and continued financial support for the program.+>>

<<+(b) An application to establish a new program in nursing shall be submitted to the Board no later than eight months prior to the proposed establishment of a new program.+>>

<<+(c) After reviewing the application, the Board shall either:+>>

<<+1. Grant permission to pursue the development of the proposed program. However, such permission does not ensure that provisional accreditation will be granted by the Board;+>>

<<+2. Require revisions to the proposed program or to the materials submitted as required by (a) above or the submission of additional information. Revisions to the proposed program or to the application materials does not ensure that provisional accreditation will be granted by the Board; or+>>

<<+3. Deny permission to establish a new program.+>>

<<+(d) The educational institution may request in writing an appearance before the Board for reconsideration of the revisions or denial based upon (c)2 or 3 above within 30 days of written notification of the required revisions or denial.+>>

<<+(e) After receiving permission to pursue the development of a new program, the educational institution shall submit to the Board the following items no later than four months prior to the anticipated start date of the program:+>>

<<+1. The number of students to be admitted to each of the first four classes after establishment of the program;+>>

<<+2. The projected maximum student enrollment;+>>

<<+3. Admission, progression, retention and dismissal policies;+>>

<<+4. Appeals policy for any disciplinary matter;+>>

<<+5. A description of student services;+>>

<<+6. A plan for increases in faculty commensurate with increased student enrollment;+>>

<<+7. The curriculum plan, including course objectives for all nursing courses;+>>

<<+8. A written statement describing the support staff; and+>>

<<+9. A written Systematic Plan for Program Evaluation of the effectiveness of the curriculum. The Plan shall identify the communities of interest, which include any person or group who is interested in the quality of graduates from a nursing program, and shall include:+>>

<<+i. The components being evaluated;+>>

<<+ii. The responsible party for evaluating the components;+>>

<<+iii. Outcomes that reflect program objectives;+>>

<<+iv. Methods for evaluating components; and+>>

<<+v. Actions resulting from the collection and analysis of data.+>>

<<+(f) After reviewing the materials required by (e) above, the Board shall either:+>>

<<+1. Grant provisional accreditation to the program;+>>

<<+2. Require revisions to the program or the program materials required by (e) above or the submission of additional information. Revisions to the program or program materials do not ensure that provisional accreditation will be granted by the Board; or+>>

<<+3. Deny permission to establish a new program.+>>

<<+(g) The educational institution may request, in writing, an appearance before the Board for reconsideration of the revisions or denial based upon (f)2 or 3 above within 30 days of written notification of the required revisions or denial.+>>

<< NJ ADC 13:37-1.3 >>

<<+13:37-1.3 Provisional accreditation+>>

<<+(a) A nursing program that has been granted provisional accreditation pursuant to N.J.A.C. 13:37-1.2 may admit students.+>>

<<+(b) A nursing program that has been granted provisional accreditation shall not be granted accreditation until:+>>

<<+1. The first class has graduated;+>>

<<+2. Eighty percent of students from the first graduating class, who have taken the licensing examination, pass the first time they take it; and+>>

<<+3. A self-study report is submitted to the Board that shows the nursing program is in compliance with the requirements of N.J.A.C. 13:37-1.4 through 1.11.+>>

<<+(c) A registered professional nurse completion program, as defined in N.J.A.C. 13:37-1.1(b)3, shall be granted accreditation once it has graduated its first class and has submitted a self-study report to the Board.+>>

<<+(d) The Board may conduct a survey of the program, through its designee, to assure compliance with N.J.A.C. 13:37-1.4 through 1.11.+>>

<<+(e) A program that does not meet the requirements of (b) above shall remain on provisional accreditation status. A program may remain on provisional accreditation status for no more than two years from the date the first class graduates. A program that has not met the requirements of (b) above in that two-year period shall cease to admit students and shall be placed on probation until the last student enrolled in the program graduates or otherwise leaves the program. Once the last student has left the program, the program shall lose its provisional accreditation. A program that has lost provisional accreditation pursuant to this subsection may reapply for accreditation pursuant to N.J.A.C. 13:37-1.2.+>>

<<+(f) A program, or an institution that offers a program, that does not provide its students an opportunity to complete their education and graduate as required by (e) above, may not reapply for accreditation for 10 years from the date the program ended.+>>

<< NJ ADC 13:37-1.4 >>

<<+13:37-1.4 Maintaining accreditation: organization and administration of a nursing program+>>

<<+(a) A nursing program shall have:+>>

<<+1. A written organizational and administrative plan describing the internal organization of the program, lines of authority, procedures for providing communication with the governing body and clinical agencies, and the role of any advisory committee associated with the program;+>>

<<+2. Stable financial resources which are allocated to adequately support the program's educational activities;+>>

<<+3. A program administrator who meets the requirements of N.J.A.C. 13:37-1.6 and has direct authority for the fiscal and academic administration of the program. The administrator shall be responsible to the governing body of the sponsoring institution;+>>

<<+4. Written criteria for faculty promotion and faculty retention;+>>

<<+5. Written criteria for student admission, promotion, retention, and completion of the program; and+>>

<<+6. Written policies on grading and graduation requirements.+>>

<< NJ ADC 13:37-1.5 >>

<<+13:37-1.5 Maintaining accreditation: organizing framework, philosophy, objectives and outcomes+>>

<<+(a) The faculty shall develop, and revise as necessary, a written description or model of the organizing framework, a statement of philosophy, program objectives and program outcomes which are consistent with the definition of nursing as set forth in N.J.S.A. 45:11-23(b).+>>

<<+(b) The philosophy of the nursing program shall include the faculty's beliefs about the following:+>>

<<+1. Nursing;+>>

<<+2. Humans;+>>

<<+3. Health;+>>

<<+4. Environment; and+>>

<<+5. The teaching-learning process.+>>

<<+(c) The nursing program objectives shall identify those competencies required for the successful entry of the nursing graduate into practice.+>>

<<+(d) The faculty shall develop and maintain the written Systematic Plan for Program Evaluation.+>>

<<+(e) The faculty shall be able to show that the organizing framework, philosophy, program objectives and program outcomes have been integrated into the total program of learning.+>>

<<+(f) The organizing framework, philosophy, program objectives and program outcomes shall be communicated to students, cooperating affiliates, advisory committees and communities of interest as outlined in the Systematic Plan for Program Evaluation.+>>

<<+(g) If the faculty determines that the nursing program needs admission requirements in addition to those required by the institution, the faculty shall develop those additional requirements.+>>

<<+(h) The faculty shall develop any additional policies on grading or educational requirements for graduation which the faculty deems necessary.+>>

<<+(i) The faculty, in collaboration with the program administrator, shall construct, implement, teach and evaluate the curriculum. The administrator shall maintain records that indicate the curriculum has been evaluated pursuant to the Systematic Plan for Program Evaluation.+>>

<< NJ ADC 13:37-1.6 >>

<<+13:37-1.6 Maintaining accreditation; qualifications of program administrators+>>

<<+(a) Every nursing program shall have a program administrator.+>>

<<+(b) An administrator of a generic doctoral degree program, a generic masters degree program, or a baccalaureate degree program shall, in addition to the qualifications contained in N.J.A.C. 13:37-1.7, hold a doctoral degree in nursing or a masters degree in nursing with an earned doctoral degree.+>>

<<+(c) An administrator of an associate degree program or a diploma program shall, in addition to the qualifications contained in N.J.A.C. 13:37-1.7, hold a masters degree in nursing.+>>

<<+(d) An administrator of a practical nursing program shall, in addition to the requirements of N.J.A.C. 13:37-1.7, hold a masters degree in nursing. An administrator for a practical nursing program who began his or her employment prior to (the effective date of these rules) shall not be required to hold a masters degree in nursing but shall be required to hold a bachelors degree in nursing with additional courses in the field of education.+>>

<<+(e) If an administrator of a nursing program is replaced, for any reason, the program shall notify the Board in writing within 30 days of the change.+>>

<< NJ ADC 13:37-1.7 >>

<<+13:37-1.7 Maintaining accreditation: faculty qualifications+>>

<<+(a) For purposes of this subchapter, the term "faculty" shall include full-time and part-time teachers as well as individuals who are responsible for teaching students in a clinical agency located in New Jersey.+>>

<<+(b) Faculty members shall:+>>

<<+1. Have current licensure in New Jersey as a registered professional nurse;+>>

<<+2. Have documentation that shows that the nurse has taken courses in, or has professional or clinical experience in, the specific area of teaching responsibility;+>>

<<+3. For faculty in baccalaureate degree programs, associate degree programs and diploma programs who began their current employment position after September 1, 1981, have graduated from a masters degree program with a major in nursing; and+>>

<<+4. For faculty in licensed practical nursing programs who began their current employment position after September 1, 1981, hold a bachelors degree with a major in nursing.+>>

<<+(c) The educational institution shall maintain on file a record of professional preparation and experience for all faculty.+>>

<<+(d) Faculty shall develop an individual plan to maintain competency in the theoretical and practice areas directly related to their area of teaching responsibility. These plans shall be approved by the program administrator.+>>

<<+(e) Faculty members shall supervise no more than 10 students in a clinical setting.+>>

<< NJ ADC 13:37-1.8 >>

<<+13:37-1.8 Maintaining accreditation: curriculum organization and content+>>

<<+(a) The curriculum of all nursing education programs shall enable students to develop the knowledge, skills and competencies necessary for the level of nursing practice as defined in N.J.S.A. 45:11-23 et seq.+>>

<<+(b) Nursing courses shall only be taught by nursing faculty, except that nutrition courses may be taught by a dietician with a masters degree in nutrition and pharmacology courses may be taught by a licensed pharmacist with a masters degree in pharmacology.+>>

<<+(c) The nursing curriculum shall be based on the organizing framework, philosophy, program objectives and program outcomes that the faculty have developed pursuant to N.J.A.C. 13:37-1.5.+>>

<<+(d) Faculty shall select clinical experiences for students that correlate with course objectives and/or competencies.+>>

<<+(e) All nursing courses and clinical experiences shall reflect participation by the community of interest which has been identified in the Systematic Plan for Program Evaluation required by N.J.A.C. 13:37- 1.2(e).+>>

<<+(f) The nursing curriculum of all professional nursing education programs shall include:+>>

<<+1. Content in the sciences, social sciences and humanities; and+>>

<<+2. Nursing courses and clinical experiences in a variety of settings that include:+>>

<<+i. The promotion, restoration and maintenance of health across the lifespan;+>>

<<+ii. Critical thinking;+>>

<<+iii. The nursing practice act, N.J.S.A. 45:11-23 et seq., and Board rules, N.J.A.C. 13:37;+>>

<<+iv. Legal and ethical issues;+>>

<<+v. Cultural implications for practice;+>>

<<+vi. The structure and economics of the health care delivery system;+>>

<<+vii. Delegation to, and supervision of, licensed practical nurses and unlicensed assistive personnel;+>>

<<+viii. Management and leadership;+>>

<<+ix. Interdisciplinary collaboration;+>>

<<+x. Pain management and end of life issues; and+>>

<<+xi. Socialization to the role of the professional nurse.+>>

<<+(g) The curriculum of a practical nursing education program shall:+>>

<<+1. Include content in the sciences and social sciences;+>>

<<+2. Contain nursing courses and clinical experiences that include:+>>

<<+i. The provision of supportive and restorative care under the direction of a registered professional nurse;+>>

<<+ii. Critical thinking;+>>

<<+iii. The nursing practice act, N.J.S.A. 45:11-23 et seq., and Board rules, N.J.A.C. 13:37;+>>

<<+iv. Legal and ethical issues affecting licensed practical nursing practice and responsibilities;+>>

<<+v. Delegation from a registered professional nurse pursuant to N.J.A.C. 13:37-6.2, and delegation from a licensed physician or licensed dentist;+>>

<<+vi. Cultural implications of practice;+>>

<<+vii. Pain management and end of life issues; and+>>

<<+viii. Interdisciplinary collaboration at the level of practice of the licensed practical nurse;+>>

<<+3. Be at least 44 weeks long, excluding holidays and vacations;+>>

<<+4. Offer theory and clinical experience concurrently throughout the entire program; and+>>

<<+5. Equally distribute time between theoretical and clinical work.+>>

<< NJ ADC 13:37-1.9 >>

<<+13:37-1.9 Maintaining accreditation: required educational and administrative resources+>>

<<+(a) The nursing education program shall provide:+>>

<<+1. Classrooms and laboratories to meet the needs of the students and faculty;+>>

<<+2. Office space, conference rooms and equipment for the administrator, faculty and clerical staff;+>>

<<+3. Furnishings, supplies and equipment to achieve the program's objectives and outcomes; and+>>

<<+4. Access to current reference resources.+>>

<< NJ ADC 13:37-1.10 >>

<<+13:37-1.10 Maintaining accreditation; clinical agencies+>>

<<+(a) Every nursing program shall provide clinical experiences through an affiliation with a clinical agency or agencies that are licensed by a governmental agency or accredited by a nationally recognized accrediting body.+>>

<<+(b) There shall be a written agreement between the nursing program and the clinical agency. The agreement shall be signed and adhered to by the parties and shall include provisions for:+>>

<<+1. Review of the terms of the agreement;+>>

<<+2. Notice of termination of the agreement by either party at least 120 days prior to termination;+>>

<<+3. Faculty responsibility for student education;+>>

<<+4. Collaboration between faculty and clinical agency personnel in selecting clinical experiences;+>>

<<+5. Joint annual evaluation of the effectiveness of the clinical experience, with input from students; and+>>

<<+6. A faculty to student ratio of at least one faculty member for every 10 students.+>>

<<+(c) Clinical agencies located outside the State of New Jersey shall meet the requirements established by the state board of nursing in that other state.+>>

<< NJ ADC 13:37-1.11 >>

<<+13:37-1.11 Maintaining accreditation: criteria for student admission, promotion and completion of the program+>>

<<+(a) Every nursing program shall:+>>

<<+1. Have written policies for admission, readmission, promotion, graduation and transfer of students;+>>

<<+2. Have written criteria for granting course credit for programs admitting students with advanced standing;+>>

<<+3. Have written policies governing payment and refund of tuition and other fees;+>>

<<+4. Set dates for the beginning and ending of each term;+>>

<<+5. Establish and make available to students an appeals process;+>>

<<+6. Require individual liability insurance for each student;+>>

<<+7. Establish and distribute to students written policies regarding health and guidance services;+>>

<<+8. Distribute information about the school to students and applicants for admission which shall include:+>>

<<+i. A general description of the program;+>>

<<+ii. The accreditation status of the program with the Board;+>>

<<+iii. The name and address of any organization the program is accredited by;+>>

<<+iv. Admission, promotion and graduation requirements;+>>

<<+v. Curriculum plan and course descriptions;+>>

<<+vi. Statement of tuition fees and refund policies;+>>

<<+vii. An appeals process; and+>>

<<+viii. The address and telephone number of the Board; and+>>

<<+9. Inform the students and applicants for admission that complaints regarding the program may be sent to the Board.+>>

<< NJ ADC 13:37-1.12 >>

<<+13:37-1.12 Maintaining accreditation: surveys of nursing programs+>>

<<+(a) The Board may conduct a survey of any program at any time in order to ensure compliance with the requirements of this subchapter. A survey shall consist of an on-site visit and an evaluation of all program documents required by N.J.A.C. 13:37-1.4 through 1.11. If the survey indicates that a program is not in compliance with this subchapter, the Board shall place the program on conditional accreditation pursuant to N.J.A.C. 13:37-1.16.+>>

<<+(b) The Board shall conduct a survey and an on-site visit for every accredited nursing program every eight years pursuant to N.J.A.C. 13:37- 1.13.+>>

<< NJ ADC 13:37-1.13 >>

<<+13:37-1.13 Renewing accreditation+>>

<<+(a) Certificates of accreditation issued by the Board prior to (the effective date of these rules) shall expire five years from the date of issue or last renewal. Programs holding such certificates shall renew accreditation pursuant to (b) through (e) below.+>>

<<+(b) A program shall be accredited for eight years. Prior to the expiration of the accreditation period, the Board shall send to the nursing program an accreditation renewal form and notification of date for an on-site visit. The form shall be sent to the program 90 days prior to the scheduled date of the on-site visit.+>>

<<+(c) A program that meets the requirements of N.J.A.C. 13:37-1.14 may request a waiver of the on-site visit. If the Board grants the waiver, the program shall submit to the Board:+>>

<<+1. The completed accreditation renewal form; and+>>

<<+2. The accreditation renewal fee required by N.J.A.C. 13:37-5.5(d) 3.+>>

<<+(d) If a program does not apply or qualify for a waiver of the on-site visit, the program administrator shall submit to the Board, 30 days prior to the scheduled date of the on-site visit, the following:+>>

<<+1. The completed accreditation renewal form;+>>

<<+2. The most recent institutional regional accreditation report;+>>

<<+3. The nursing student handbook;+>>

<<+4. Course outlines for all nursing courses;+>>

<<+5. Description and location of clinical facilities;+>>

<<+6. The Systematic Plan of Evaluation;+>>

<<+7. The program's bylaws;+>>

<<+8. The program's organizational chart;+>>

<<+9. The program's insurance policy;+>>

<<+10. A list of the nursing journals subscribed to by the program's library; and+>>

<<+11. The renewal fee required by N.J.A.C. 13:37-5.5(d)2.+>>

<<+(e) After the Board has reviewed the renewal form and the results of the on-site visit, the Board shall decide whether the program conforms to the rules of this subchapter and whether to renew the program's accreditation. The Board shall either send the program written notice that its accreditation has been renewed or a notice that accreditation has not been renewed and that the program is being placed on conditional accreditation pursuant to N.J.A.C. 13:37-1.17.+>>

<< NJ ADC 13:36-1.14 >>

<<+13:36-1.14 Waiver of on-site visits for accreditation renewal+>>

<<+(a) The on-site visit required pursuant to N.J.A.C. 13:37-1.12(b) and 1.13 may be waived if the program requests a waiver of the site visit in writing. The waiver request shall include:+>>

<<+1. Documentation that the nursing program is accredited by either the National League for Nursing Accrediting Commission (NLNAC) or the Commission on Collegiate Nursing Education (CCNE);+>>

<<+2. A self-study by the nursing program which evaluates its compliance with the accreditation standards of the Board and either the NLNAC or CCNE;+>>

<<+3. The site survey report from either the NLNAC or CCNE that has reviewed and evaluated the program; and+>>

<<+4. The final report from either the NLNAC or CCNE.+>>

<<+(b) A program that has been granted a waiver of the on-site visit pursuant to (a) above shall notify the Board if the NLNAC or CCNE accreditation status changes.+>>

<<+(c) If the Board is notified that a program's NLNAC or CCNE accreditation status has changed, the Board shall send a representative to conduct an on-site visit of the program to verify that the program conforms to the rules of this subchapter. A program that does not conform to the rules of this subchapter shall be placed on conditional accreditation pursuant to N.J.A.C. 13:37- 1.17.+>>

<< NJ ADC 13:37-1.15 >>

<<+13:37-1.15 Maintaining accreditation: program recordkeeping and reporting requirements+>>

<<+(a) Any record that a nursing program maintains pursuant to the requirements of this subchapter shall be made available to the Board upon request.+>>

<<+(b) Every nursing program shall maintain a record of nursing department committee minutes for a minimum of three years.+>>

<<+(c) Every nursing program shall ensure that records are maintained so that such records provide accurate recording of student academic data. Records shall be stored in a manner to prevent loss by destruction and unauthorized use.+>>

<<+(d) A copy of the current contracts with clinical agencies shall be maintained by the administrator.+>>

<<+(e) An annual report of the school of nursing shall be submitted each year to the Board on forms supplied by the Board.+>>

<< NJ ADC 13:37-1.16 >>

<<+13:37-1.16 Changes to a nursing program+>>

<<+(a) A nursing program shall notify the Board 30 days prior to any changes in ownership or the program's dean, director, chair or program administrator.+>>

<<+(b) A nursing program shall not institute a major curriculum change, as outlined in (d) below, without prior Board approval.+>>

<<+(c) A nursing program that wishes to make any major curriculum changes shall submit the requested change to the Board in writing and provide the information required in (e) below. The Board shall review the request to determine whether the requested change is in compliance with this subchapter.+>>

<<+(d) Major curriculum changes are:+>>

<<+1. Changes in the organizing framework or philosophy;+>>

<<+2. Reorganization of the credit allocation within the program;+>>

<<+3. An increase or decrease in the number of required credits; or+>>

<<+4. An increase or decrease in the length of the nursing program.+>>

<<+(e) A request fora change in the curriculum shall include:+>>

<<+1. The rationale for the proposed change in the curriculum;+>>

<<+2. A presentation of the differences between the current status of the program and the proposed change;+>>

<<+3. A timetable for implementation of the change; and+>>

<<+4. A plan for the evaluation of the change which shall include outcomes.+>>

<<+(f) After reviewing the request the Board shall:+>>

<<+1. Grant approval of the curriculum change;+>>

<<+2. Require revisions to the request. If the Board requires a revision, the nursing program shall submit the revised request within 30 days of receiving notification; or+>>

<<+3. Deny approval for the curriculum change.+>>

<<+(g) The nursing program may, within 30 days of notification of the denial, request in writing an appearance before the Board asking for a reconsideration of the denial of the curriculum change.+>>

<<+(h) If the Board denies a curriculum change, the nursing program may not resubmit another request for the same curriculum change for six months from the date of notification of the denial.+>>

<< NJ ADC 13:37-1.17 >>

<<+13:37-1.17 Conditional accreditation+>>

<<+(a) Between (effective date of this rule) and (three years from the effective date of this rule), a program that has had less than 80 percent of its graduates pass the licensing examination in one year shall be placed on conditional accreditation.+>>

<<+(b) Three years after (the effective date of this rule), if a nursing program has, averaged over the last three-year period, a pass rate of less than 80 percent of students who take the licensing examination the first time, the Board shall place the program on conditional accreditation.+>>

<<+(c) If the Board receives information alleging that a program fails to meet the requirements of this subchapter, the Board shall evaluate the information and may send a field representative to investigate the program. The Board representative shall evaluate the program for compliance with this subchapter and report the results of the program evaluation to the Board.+>>

<<+(d) If the Board determines that the nursing program does not comply with the provisions of this subchapter, the Board shall place the program on conditional accreditation. Conditional accreditation shall become effective upon the program's receipt of the written notification.+>>

<<+(e) The nursing program may, within 30 days of receiving written notification that the program has been placed on conditional accreditation, request in writing an appearance before the Board regarding its conditional accreditation status.+>>

<<+(f) The nursing program shall notify the students enrolled in the program in writing that the program has been placed on conditional accreditation within 30 days of receiving written notification that it has been placed on conditional accreditation.+>>

<<+(g) A program that is placed on conditional accreditation shall submit to the Board, within 90 days of receiving written notification of being placed on conditional accreditation, an action plan with a time-line and measurable outcomes to correct any deficiencies. The outcomes identified in the action plan shall be met within 18 months. If a program is placed on conditional accreditation because of (a) or (b) above, the program outcomes shall include that within the next calendar year 80 percent of its students who take the licensing examination shall pass the first time.+>>

<<+(h) If the outcomes of the action plan are met within the 18-month period, the program shall be restored to accreditation status.+>>

<<+(i) Once a program that was on conditional accreditation due to (a) or (b) above has had its accreditation restored, the program shall not be placed on conditional status due to (a) or (b) above again any sooner than three years from the restoration of accreditation.+>>

<<+(j) The eligibility of students to sit for the licensing examination shall not be affected in the event a program is placed on conditional accreditation.+>>

<< NJ ADC 13:37-1.18 >>

<<+13:37-1.18 Probation+>>

<<+(a) A nursing program on conditional status pursuant to N.J.A.C. 13:37-1.17(a) or (b) shall be placed on probation if it does not have 80 percent of students who take the licensing examination pass the first time within the next calendar year. A nursing program that is placed on probation may request in writing an appearance before the Board.+>>

<<+(b) A nursing program on conditional status pursuant to N.J.A.C. 13:37-1.17(c) that does not achieve the outcomes identified in the action plan at N.J.A.C. 13:37-1.17(g) in 18 months shall be placed on probation. A nursing program that is placed on probation may request in writing an appearance before the Board.+>>

<<+(c) The nursing program shall, within 30 days of receiving written notification that it has been placed on probation, notify the students enrolled in the program in writing that the program is on probation.+>>

<<+(d) A program on probation shall not admit new students or transfer students.+>>

<<+(e) A nursing program that is placed on probation due to (a) above shall be restored to accreditation status only if, within one calendar year of being placed on probation, 80 percent of students who take the licensing examination pass the first time. A program that does not have 80 percent of its students pass the licensing examination the first time within one calendar year of being placed on probation shall not be eligible for restoration to accredited status and shall continue to operate under probationary status until its last student has graduated or has otherwise left the program. Thereafter, the program shall no longer be accredited. A program that is no longer accredited may reapply for accreditation pursuant to N.J.A.C. 13:37-1.2.+>>

<<+(f) A nursing program that is placed on probation due to (b) above shall revise the action plan with outcomes to be achieved in one calendar year and submit the action plan to the Board. A program that does not achieve the outcomes identified in the action plan within the year shall not be eligible for a restoration to accredited status and shall continue to operate under probationary status until the last student has graduated or has otherwise left the program. Thereafter, the program shall no longer be accredited. A program that is no longer accredited may reapply for accreditation pursuant to N.J.A.C. 13:37-1.2.+>>

<<+(g) The eligibility of students to sit for the licensing examination shall not be affected in the event a program is placed on probation.+>>

<< NJ ADC 13:37-1.19 >>

<<+13:37-1.19 Program termination+>>

<<+(a) Programs that voluntarily terminate shall provide for their enrolled students by either:+>>

<<+1. Phasing out the students. The students enrolled may continue with their studies until they complete the program; no new students may be admitted or accepted by transfer; qualified faculty remain with the program and compliance with this subchapter continues; or+>>

<<+2. Transference of students to other schools.+>>

<<+(b) The eligibility of students enrolled in a program to sit for the licensing examination shall not be affected in the event a program terminates.+>>

<<+(c) The individual responsible for an educational institution or hospital, which plans to terminate a program in nursing or to suspend any essential part of its program, shall so advise the Board in writing. The written notification shall include the reasons for terminating the program and the specific plans for students enrolled.+>>

<<+(d) Programs that voluntarily terminate or which terminate due to loss of accreditation shall provide for safekeeping of records. The program shall notify the Board of the name, address and telephone number of the site where records are to be stored at least ten days prior to the date of termination. The date of termination shall be the date on which the last student is properly transferred or completes the program.+>>

<< NJ ADC 13:37-5.5 >>

13:37-5.5 Fee schedule

(a)-(c) (No change.)

<<+(d) The following fees shall be charged by the Board in connection with accreditation of nursing programs:+>>

1. Initial accreditation application ................ $1,000
2. Renewal of accreditation without waiver ........... 1,000
3. Renewal of accreditation with waiver ............. 400.00


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Rule Proposals New Jersey Board of Nursing Consumer Affairs
Feedback NJ Dept. of Law and Public Safety State of New Jersey

Posted April 1, 2002