§ 2526. Procedure for Approval.
16 CA ADC § 2526Barclays Official California Code of Regulations
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:
(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.
(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.
(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.
(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.
(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.
(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:
(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.
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.
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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