D.C. Mun. Regs. tit. 17, r. 17-5606

Current through Register 71, No. 45, November 7, 2024

Rule 17-5606 - WITHDRAWAL OF APPROVAL FOLLOWING CONDITIONAL APPROVAL STATUS

5606.1

The Board may withdraw approval of the program upon its determination that the program is or has been unable to meet or maintain the requirements and standards of this chapter based on any of the following factors:

(a) Failure to hire a nurse administrator who meets the qualifications of this chapter;

(b) Failure to hire faculty who meet the qualifications of this chapter;

(c) Noncompliance with the program's stated philosophy, program design, objectives, outcomes, or policies;

(d) Failure to implement the approved curriculum;

(e) Failure to maintain the required licensure or certification pass rate for first-time test takers;

(f) Failure to obtain or maintain accreditation from a regional accrediting organization recognized by the U.S. Department of Education;

(g) Failure to obtain or maintain accreditation by a national nursing accrediting organization recognized by the U.S. Department of Education;

(h) Failure to submit records and reports to the Board in a timely manner;

(i) Failure to correct identified deficiencies within the allotted time period;

(j) Noncompliance with any of the regulations in this chapter; or

(k) Other activities or situations, as determined by the Board, that indicate a program is not meeting the legal requirements and standards of this chapter.

5606.2

Before the Board withdraws approval of a program, the Board shall Issue a Notice of Intended Action to the program notifying the program that the Board intends to withdraw approval of the program and the reasons for the action.

5606.3

Before the Board withdraws approval of a program, the program has a right to a hearing.

5606.4

The Board shall send notice to the Higher Education Licensing Commission of the Board's intention to withdraw approval.

5606.5

The program shall provide its current student population and applicants with immediate notice of the Board's intended action, which shall include mailings and public postings on the premises and on their website.

5606.6

If requested by the Board or by students, the program shall provide its current student population with information and assistance for transferring to another nursing education program.

5606.7

After the Board has withdrawn approval of a program, the Board shall provide notice of the withdrawal to the District of Columbia Higher Education Licensure Commission.

5606.8

The effective date of the withdrawal of approval shall be the date the Board publishes on its website the final decision which shall notify the public of the withdrawal of approval. The Board may, at its discretion, postpone the effective date of the withdrawal of approval until the end of a current semester, when it determines such to be in the best interests of the program's graduating class or students.

5606.9

If the program appeals the Board's decision to the District of Columbia Court of Appeals, the effective date of the withdrawal of approval shall not be stayed pending appeal, but may be changed pursuant to an order of the Court of Appeals.

5606.10

The Board may designate persons to conduct an unannounced visit to the facility to ensure that the educational institution has not continued to operate the nursing education program or admit students after the effective date of the approved withdrawal.

5606.11

Within thirty (30) days after receipt of notice that approval has been withdrawn, the nurse administrator or school administrator shall submit to the Board a written plan for termination of the program. The plan shall include:

(a) A plan for the current students that include completion of the program and transfer of students to other approved programs within a time frame established by the Board; and

(b) A plan outlining the arrangements made for storage and retrieval of the permanent records of the students, graduates, and faculty.

5606.12

Students enrolled in a program and graduating from the program prior to, or up to, the effective date of the withdrawal of approval shall be permitted to take the licensure examination in the District of Columbia; and upon passing and completion of other licensure requirements shall be licensed in the District of Columbia.

5606.13

The educational institution of a nursing program whose approval was withdrawn may apply to the Board for initial approval of a new program pursuant to § 5601 and shall disclose the name of the program under which it previously operated.

5606.14

A program aggrieved by a final decision of the Board may appeal the decision to the District of Columbia Court of Appeals in accordance with the District of Columbia Administrative Procedure Act, D.C. Official Code §§ 2-501 et seq.

D.C. Mun. Regs. tit. 17, r. 17-5606

Final Rulemaking published at 51 DCR 7190 (July 23, 2004); as amended by Final Rulemaking published at 54 DCR 2116 (March 9, 2007); amended by Final Rulemaking published at 62 DCR 16319 (12/25/2015); amended by Final Rulemaking published at 68 DCR 12447 (11/26/2021)