Ariz. Admin. Code § 9-10-116

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

Section R9-10-116 - Nutrition and Feeding Assistant Training Programs

A. For the purposes of this Section, "agency" means an entity other than a nursing care institution that provides the nutrition and feeding assistant training required in A.R.S. § 36-413.

B. An agency shall apply for approval to operate a nutrition and feeding assistant training program by submitting:

1. An application in a Department-provided format that contains:

a. The name of the agency;

b. The name, telephone number, and e-mail address of the individual in charge of the proposed nutrition and feeding assistant training program;

c. The address where the nutrition and feeding assistant training program records are maintained;

d. A description of the training course being offered by the nutrition and feeding assistant training program including for each topic in subsection (I):

i. The information presented for each topic,

ii. The amount of time allotted to each topic,

iii. The skills an individual is expected to acquire for each topic, and

iv. The testing method used to verify an individual has acquired the stated skills for each topic;

e. Whether the agency agrees to allow the Department to submit supplemental requests for information as specified in subsection (F)(2); and

f. The signature of the individual in charge of the proposed nutrition and feeding assistant training program and the date signed; and

2. A copy of the materials used for providing the nutrition and feeding assistant training program.

C. For an application for an approval of a nutrition and feeding assistant training program, the administrative review time-frame is 30 calendar days, the substantive review time-frame is 30 calendar days, and the overall time-frame is 60 calendar days.

D. Within 30 calendar days after the receipt of an application in subsection (B), the Department shall:

1. Issue an approval of the agency's nutrition and feeding assistant training program;

2. Provide a notice of administrative completeness to the agency that submitted the application; or

3. Provide a notice of deficiencies to the agency that submitted the application, including a list of the information or documents needed to complete the application.

E. If the Department provides a notice of deficiencies to an agency:

1. The administrative completeness review time-frame and the overall time-frame are suspended from the date of the notice of deficiencies until the date the Department receives the missing information or documents from the agency;

2. If the agency does not submit the missing information or documents to the Department within 30 calendar days, the Department shall consider the application withdrawn; and

3. If the agency submits the missing information or documents to the Department within 30 calendar days, the substantive review time-frame begins on the date the Department receives the missing information or documents.

F. Within the substantive review time-frame, the Department:

1. Shall issue or deny an approval of a nutrition and feeding assistant training program; and

2. May make one written comprehensive request for more information, unless the Department and the agency agree in writing to allow the Department to submit supplemental requests for information.

G. If the Department issues a written comprehensive request or a supplemental request for information:

1. The substantive review time-frame and the overall time-frame are suspended from the date of the written comprehensive request or the supplemental request for information until the date the Department receives the information requested, and

2. The agency shall submit to the Department the information and documents listed in the written comprehensive request or supplemental request for information within 10 working days after the date of the comprehensive written request or supplemental request for information.

H. The Department shall issue:

1. An approval for an agency to operate a nutrition and feeding assistant training program if the Department determines that the agency and the application comply with A.R.S. § 36-413 and this Section; or

2. A denial for an agency that includes the reason for the denial and the process for appeal of the Department's decision if:

a. The Department determines that the agency does not comply with A.R.S. § 36-413 and this Section; or

b. The agency does not submit information and documents listed in the written comprehensive request or supplemental request for information within 10 working days after the date of the comprehensive written request or supplemental request for information.

I. An individual in charge of a nutrition and feeding assistant training program shall ensure that:

1. The materials and coursework for the nutrition and feeding assistant training program demonstrate the inclusion of the following topics:

a. Feeding techniques;

b. Assistance with feeding and hydration;

c. Communication and interpersonal skills;

d. Appropriate responses to resident behavior;

e. Safety and emergency procedures, including the Heimlich maneuver;

f. Infection control;

g. Resident rights;

h. Recognizing a change in a resident that is inconsistent with the resident's normal behavior; and

i. Reporting a change in subsection (I)(1)(h) to a nurse at a nursing care institution;

2. An individual providing the training course is:

a. A physician,

b. A physician assistant,

c. A registered nurse practitioner,

d. A registered nurse,

e. A registered dietitian,

f. A licensed practical nurse,

g. A speech-language pathologist, or

h. An occupational therapist; and

3. An individual taking the training course completes:

a. At least eight hours of classroom time, and

b. Demonstrates that the individual has acquired the skills the individual was expected to acquire.

J. An individual in charge of a nutrition and feeding assistant training program shall issue a certificate of completion to an individual who completes the training course and demonstrates the skills the individual was expected to acquire as a result of completing the training course that contains:

1. The name of the agency approved to operate the nutrition and feeding assistant training program;

2. The name of the individual completing the training course;

3. The date of completion;

4. The name, signature, and professional license of the individual providing the training course; and

5. The name and signature of the individual in charge of the nutrition and feeding assistant training program.

K. The Department may deny, revoke, or suspend an approval to operate a nutrition and feeding assistant training program if an agency operating or applying to operate a nutrition and feeding assistance training program:

1. Provides false or misleading information to the Department;

2. Does not comply with the applicable statutes and rules;

3. Issues a training completion certificate to an individual who did not:

a. Complete the nutrition and feeding assistant training program, or

b. Demonstrate the skills the individual was expected to acquire; or

4. Does not implement the nutrition and feeding assistant training program as described in or use the materials submitted with the agency's application.

L. In determining which action in subsection (K) is appropriate, the Department shall consider the following:

1. Repeated violations of statutes or rules,

2. Pattern of non-compliance,

3. Types of violations,

4. Severity of violations, and

5. Number of violations.

Ariz. Admin. Code § R9-10-116

Adopted effective February 4, 1981 (Supp. 81-1). Section repealed by final rulemaking at 8 A.A.R. 3559, effective August 1, 2002 (Supp. 02-3). New Section made by exempt rulemaking at 19 A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, effective 7/1/2014. Amended by final rulemaking at 25 A.A.R. 1583, effective 10/1/2019.