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§ 2526. Procedure for Approval.

16 CA ADC § 2526Barclays Official California Code of Regulations

Barclays California Code of Regulations
Title 16. Professional and Vocational Regulations
Division 25. Board of Vocational Nurse and Psychiatric Technician Examiners of the State of California (Refs & Annos)
Chapter 1. Vocational Nurses
Article 5. Schools of Vocational Nursing
16 CCR § 2526
§ 2526. Procedure for Approval.
(a) To begin the approval process, the institution shall submit a completed Letter of Intent meeting the requirements of this section to the Board. A completed Letter of Intent shall include a completed “Letter of Intent to Submit Application for Initial Approval of New School or Program -- Vocational Nursing,” Form 55M-1 (New 04/2022), which is hereby incorporated by reference, and written narrative statements and documentation prepared by the director that include:
(1) Philosophy of the program. This is a document that outlines an educational program's values, ethics, and beliefs (“philosophy”). Examples of concepts generally found in a program's philosophy include humanity, society, health, wellness, illness, education, teaching and learning.
(2) Conceptual framework. This is a document that guides the overall structure of the curriculum and reflects the philosophy of the program.
(3) Terminal objectives to indicate expected student outcomes upon successful completion of the program. This includes measurable criteria regarding the students' successful completion of progressive components of the program, e.g., completion of course, term, or semester. Concepts generally found within terminal objectives include successful completion of program hours and/or objectives, passing the examination set forth in section 2510, and being able to perform as a competent entry level vocational nurse.
(4) Feasibility Narrative. This means a description of the type of school or program being proposed, the total cost to the student to complete the program (including tuition, all fees, uniforms, materials, etc.) the intended start date, and the projected size of the first class.
(5) Title and General Description of Each Course. The institution shall provide the name(s) of each course and a corresponding general course description. The course description shall describe the subject matter of the course and the educational objectives of each course.
(6) Clinical Facility Placement List. A list of the clinical facilities that are intended to be utilized for learning experiences. The institution shall submit a completed “Intent for Clinical Facility Placement,” Form 55M-3 (New 04/2022), which is hereby incorporated by reference, for each health care facility that agrees to provide clinical placement for students of the proposed school or program.
(7) Student Services List. A list of resources for provision of counseling and tutoring services for students and corresponding contact information (e.g., primary contact name, telephone number, mailing and/or email address).
(8) Geographic Narrative. This means a description of the geographic area and community to be served by the proposed school or program (e.g., demographics, numbers of health facilities in the area in need of nursing, or potential future growth of the community).
(b) The institution shall provide separate responses, including the provision of any applicable documents, to each item requested in subsection (a). The institution shall clearly identify their responses by placing the name of the institution at the top of each page that is provided and then using a simple naming convention that, at a minimum, links each response to the number and subject matter of the request in subsection (a), and provides the date of the response or document (e.g., “1. Philosophy of the program. 2/2/2022.”)
(c) Upon receipt of a completed Letter of Intent, the Board shall send written notice to the institution acknowledging receipt, informing the institution of the next steps in the approval process in accordance with section 2881.2 of the Code, and providing an estimated wait time until active assignment to a nursing education consultant. Within 60 days of the date of written notice by the Board of active assignment of a nursing education consultant, the institution shall submit a completed initial application for approval, which includes all of the following: (1) a completed “Application for Approval of New School or Program of Vocational Nursing”, Form 55M-2 (New 04/2022) which is hereby incorporated by reference; (2) a completed “Clinical Facility Verification Form -- VN,” Form 55M-3A (New 04/2022) for each applicable health care facility, which is hereby incorporated by reference; (3) a completed “Vocational Nursing or Psychiatric Technician Program Curriculum Content -- Instructional Plan,” Form 55M-2W (New 04/2022), which is hereby incorporated by reference; (4) a completed “Summary of Instructional Plan Program Hours Vocational Nursing Program,” Form 55M-2E (New 04/2022), which is hereby incorporated by reference; (5) “Verification of Faculty Qualifications Form,” Form 55M-10 (New 04/2022) for each faculty member as described in section 2529, which is hereby incorporated by reference; and, (6) the nonrefundable initial application fee required by section 2537.2.
(d) Within 30 days of the date the Board receives an initial application for approval, the Board shall provide written notice regarding whether the application is complete or what additional documents or fees are required to make the application complete. The written notice shall also specify that the institution has 60 days from the date of the Board's written notice (“60-day submission period”) to provide the missing information and the consequences of failing to submit the required fee or information as specified in section 2881.2 of the Code. If requested by the institution prior to the expiration of the 60-day submission period, the Board may provide an institution with an additional 30 days to complete its application for good cause shown as specified in section 2525.
(e) An institution may commence a new vocational nursing program upon Board approval.
(f) A Board representative shall complete an inspection or review prior to graduation of the initial class. A program shall not commence another class without prior Board approval.
(g) Approval will be granted by the Board when a vocational nursing program demonstrates that it meets all requirements as set forth in this Chapter and in Chapter 6.5, Division 2 of the Business and Professions Code and that no grounds for denial exist pursuant to this Chapter or section 480 of the Code.
(1) Within six months from the date the Board receives the completed initial application, the Board shall provide written notice to the institution of the action taken on the application in accordance with section 2881.2 of the Code and the effective date of that action.
(2) The written notice shall also include all of the following, as applicable:
(A) an invoice detailing the reasonable costs incurred by the Board in the approval process for the institution,
(B) if the Board proposes to approve the application, that the Board's approval is contingent upon payment of the final approval fee specified in the invoice and calculated in accordance with the provisions in section 2537.2,
(C) the deadline for providing the final approval fee in response to the Board's request in accordance with section 2881.3 of the Code; and
(D) if approved, the consequences for failing to respond and provide the fee in accordance with the provisions of section 2881.3 of the Code.
(h) If, after the submission of any application required by this section, but prior to the Board's decision to approve or deny an application for approval or continuing approval, there is any material change in circumstances affecting any information contained in the application or submitted by the institution in support of the application, the institution shall immediately inform the Board in writing. For the purposes of this section, a change in circumstance is “material” if, without the inclusion of the new or different information into the application, the information contained in or the supporting documentation to the application would be false, misleading, or incomplete.
(i) The approval period shall be for a term of four years and shall expire at 12 midnight four years from the date of issuance by the Board unless the Board grants continuing approval or the approval period is extended as provided in this section. Provided that a completed application for continuing approval as set forth in subsection (j) is received by the Board prior to the expiration date of the approval, a current approval shall be automatically extended until the Board has acted upon the application in accordance with subsection (j). An institution that fails to apply for continuing approval prior to the expiration date of its approval period must apply as a new applicant in accordance with this section and section 2881.3 of the Code if they seek to again offer a course of instruction in vocational nursing as an approved school of vocational nursing.
(1) Continuing approval may be granted when the program demonstrates to the satisfaction of the Board that it is in full compliance with all requirements as set forth in this Chapter and in Chapter 6.5, Division 2 of the Business and Professions Code and that no grounds for denial exist pursuant to this Chapter or section 480 of the Code.
(2) Continuing approval may be granted for a period not to exceed four years.
(j) Six months prior to the date of approval expiration, a program may apply for continuing approval by submitting a completed application for continuing approval to the Board, which includes all of the following:
(1) a completed “Continuing Approval Application for a Vocational Nursing School or Program,” (Form 55M-15, New 04/2022), which is hereby incorporated by reference;
(2) “Clinical Facility Verification Form -- VN,” Form 55M-3A (New 04/2022), which is hereby incorporated by reference, for each applicable health care facility;
(3) “Vocational Nursing or Psychiatric Technician Program Curriculum Content -- Instructional Plan,” Form 55M-2W (New 04/2022), which is hereby incorporated by reference;
(4) a completed “Verification of Faculty Qualifications Form,” Form 55M-10 (New 04/2022), which is hereby incorporated by reference, for each faculty member as described in section 2529;
(5) a completed “Summary of Instructional Plan Program Hours Vocational Nursing Program” Form 55M-2E (New 04/2022), which is hereby incorporated by reference; and,
(6) the application fee of $5,000, which may be reduced in accordance with the procedures set forth in section 2537.2 and this section. A subsequent inspection or review may be conducted by a Board representative.
(k) Within 60 days of the date the Board receives a completed continuing approval application, the Board shall provide written notice regarding whether the application is complete or what additional information, documents or fees are required to make the application complete. For an institution that fails to submit a completed application, the institution shall be advised that the required information must be submitted within 30 days of the date of the written notice and that failure to submit a completed application prior to the expiration date of the approval will render the institution ineligible for continuing approval.
(l) Within 90 days of the date the Board provides written notice to the institution that its continuing approval application is complete, the Board shall act to approve, grant provisional approval in accordance with section 2526.1, or notify the institution that the application is denied and provide the effective date of such actions. The written notice shall also include the following:
(1) A fee payment statement detailing the reasonable costs incurred by the Board in processing the continuing approval application and providing oversight and review of the institution calculated in accordance with section 2537.2; and
(2) If the costs incurred by the Board are less than initially required to be paid upon submission of the application or the institution qualifies for a fee reduction based upon a reduction in state funding as provided in subsection (d) of section 2881.2 of the Code, a statement detailing the refund that will be provided and the anticipated date when the refund will be issued.
(m) A material misrepresentation of fact by a vocational nursing program in any information submitted to the Board is cause for denial or revocation of approval or provisional approval.
(n) To obtain or maintain Board approval, an applicant or approved school of vocational nursing shall meet the following alternate student criteria if the institution elects to admit alternate students to its programs:
(1) A school may admit alternate students in each new class to replace students who may drop out.
(2) The number of alternate students admitted may not exceed 10% of the school's Board-approved number of students per class.
(3) Prior to admission, alternate students must be informed in writing of their alternate status and that they may be dropped from the program.
(4) Alternate students may participate in classes until the commencement of scheduled clinical experience at approved clinical facilities.
(5) Upon commencement of clinical experience at approved clinical facilities, the actual number of students in the class may not exceed the number of students approved by the Board for that particular class.

Credits

Note: Authority cited: Sections 2854 and 2881.2, Business and Professions Code. Reference: Sections 2866, 2880, 2881, 2881.2, 2881.3 and 2883, Business and Professions Code.
History
1. Amendment and renumbering from section 2551 filed 9-2-75; effective thirtieth day thereafter (Register 75, No. 36). For prior history, see Register 75, No. 28.
2. Amendment of subsection (c)(4)(B) filed 7-29-76; effective thirtieth day thereafter (Register 76, No. 31).
3. Amendment of subsection (a), repealer of subsections (a)1.-(b), new subsections (a)1.-(e) filed 3-24-92; operative 4-23-92 (Register 92, No. 13).
4. Editorial correction deleting duplicate section (Register 92, No. 18).
5. Amendment filed 6-1-2000; operative 6-30-2000 pursuant to Government Code section 11349.3(a) (Register 2000, No. 22).
6. Repealer of subsections (a)(14)-(a)(14)(B), new subsections (a)(14)-(a)(14)(E) and amendment of Note filed 12-29-2004; operative 1-28-2005 (Register 2004, No. 53).
7. New subsection (a)(16), subsection renumbering and amendment of newly designated subsection (a)(20) filed 5-4-2007; operative 6-3-2007 (Register 2007, No. 18).
8. Change without regulatory effect amending section heading and subsections (a) and (d)-(g) filed 7-23-2013 pursuant to section 100, title 1, California Code of Regulations (Register 2013, No. 30).
9. Amendment of subsections (c) and (f) filed 8-21-2014; operative 10-1-2014 (Register 2014, No. 34).
10. Amendment of section and Note filed 6-27-2022 as an emergency; operative 6-27-2022 (Register 2022, No. 26). Pursuant to Business and Professions Code section 2881.2, this action is a deemed emergency and shall remain in effect for a period of one year. A Certificate of Compliance must be transmitted to OAL by 6-27-2023 or the emergency language will be repealed by operation of law on the following day.
This database is current through 1/20/23 Register 2023, No. 3.
Cal. Admin. Code tit. 16, § 2526, 16 CA ADC § 2526
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