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PA Bulletin, Doc. No. 01-222a

[31 Pa.B. 809]

[Continued from previous Web Page]

[APPROVED PROGRAMS OF NURSING] APPROVAL PROCESS: NURSING EDUCATION PROGRAMS

§ 21.51.  Establishment.

   (a)  A nursing education program shall be developed under the authority of a regionally accredited university or college, or hospital [approved] accredited by the Joint Commission on Accreditation of [Hospitals,] Health Care Organizations, and shall be administered under the leadership of a registered nurse who meets the requirements of § 21.71(b)(2) (relating to faculty and staff requirements).

   (b)  A university or college or hospital may conduct [programs of nursing] a nursing education program if there [is an] are adequate faculty and [adequate] clinical facilities [and the philosophy of the parent institution encompasses dual programs of education. A hospital or educational institution]. A university or college or hospital desiring to establish a [program of] nursing [is required to] education program shall complete the following steps to receive initial approval:

   (1)  Complete and submit to the Board for approval with the required fee under § 21.5(a) (relating to fees) a feasibility study which shall include:

   (i)  [Sufficient statistical data to support the need for a program within the community and to assure availability of an adequate supply and flow of interested candidates.] A curriculum sequence which complies with § 21.90.a (relating to core curriculum requirements) and identifies an adequate number of theoretical and clinical contact hours of instruction.

   (ii)  Identification of available academic and clinical practice resources for program implementation based on the projected enrollment and faculty. [In viewing the clinical resources, the study shall speak to other nursing programs that share the teaching facilities identified in the study.]

*      *      *      *      *

   (iv)  [Actual cost of the] A 4-year budgetary projection of program costs, including [faculty needed] salaries, clinical teaching resources, educational supplies, office supplies, and [the like and sufficient] evidence of [stable] financial support.

   (v)  A program overview, including the anticipated number of students to be enrolled, projected faculty-student ratio for each proposed clinical course and anticipated contract requirements for cooperating clinical agencies.

   (vi) A statement of the controlling institution's philosophy or mission statement.

   (vii) A job description for a full-time program director who meets the qualifications of § 21.71.

   (2)  [Submit the feasibility study to the regional health planning agency if that agency is willing to participate in the approval process.

   (3)  Submit 15 copies of the feasibility study and the written decision of the health planning agency, if obtained, to the Board for approval.

   (4)]  Employ the nurse administrator of the educational unit at least 12 months prior to the intended admission date of students. Board approval of the nurse administrator's credentials must be obtained prior to the appointment.

   (3)  Complete and submit to the Board, upon approval of the feasibility study, a report documenting plans for the proposed nursing education program at least 8 months prior to the intended admission date of students.

   [(5)  Submit 15 copies of the tentative planned education program to the Board at least 8 months prior to the intended admission date of students.

   (6)  Employ the teaching faculty at least 1 semester before the initiation of their teaching responsibilities.

   (c)  Change of ownership shall be processed as the establishment of a new program.

   (d)] (4)  The report on the planned [educational] nursing education program shall include:

   [(1)] (i) * * *

   [(2)] (ii) Administrative structure and functions of the nursing [school] education program.

   [(3)  Educational preparation and nursing experience of faculty members employed.]

   (iii)  A job description for each nursing faculty position.

   [(4)] (iv) * * *

   [(5)] (v) Proposed curriculum design [based on sound educational concepts and], including detailed course descriptions and identification of clinical practice.

   [(6)] (vi) * * *

   [(7)] (vii) * * *

   [(8)] (viii)  Copy of proposed budget projected for a minimum of [5] 4 years.

   [(9) Copies of] (ix)  A completed Agency Data Form for each cooperating clinical agency to be used in the program and a sample written [agreements with cooperating agencies and facilities to be used in the program] agreement.

   (x)  A general description of facilities and resources under § 21.91 (relating to facility and resource requirements).

   [(e)](c)  Following the review of the planned nursing education program and before final Board action [is taken] to grant [permission to recruit students,] initial approval in accordance with § 21.33 (relating to types of approval), an initial facility survey will be made by a nursing education advisor of the Board.

   (d)  A change in the ownership of a nursing education program which does not result in changes to the program's administrative structure, budget, policies or curriculum does not require the submission of a feasibility study to the Board for review and approval. The controlling institution shall advise the Board of any change in the name of the nursing education program. The administrator of the program shall notify the Board of any ownership changes.

ORGANIZATION AND ADMINISTRATION OF NURSING EDUCATION PROGRAMS

§ 21.61.  [Baccalaureate and associate degree programs: organizational] Organizational requirements.

*      *      *      *      *

   (b)  [Relationships with central administrative officers, interrelationships among other disciplines and services of the institution and] Nursing education program faculty shall be afforded the same opportunities for representation on institutional councils and committees [for faculty of the educational unit in nursing shall be consistent with the interaction and responsibilities accorded to] as other faculty members of the institution.

   (c)  Adequate funds shall be [allocated and properly] budgeted for the [sound and] effective operation of the program.

*      *      *      *      *

   (f)  The authority and the administrative responsibility for the nursing education program shall be delegated by the governing body to the nurse administrator.

   (g)  The nurse administrator and faculty of the nursing education program shall conduct planned periodic evaluations of the program organization and program administration.

   (h)  The resources, facilities and services of the controlling institution shall be available to and used by the [educational unit in nursing] nursing education program and shall be adequate to meet the needs of the faculty and the students.

   (i)  Cooperating clinical agencies shall be subject to the following provisions:

   (1)  [Agreements to utilize field agencies outside the structural control of the controlling institution shall be initiated by the educational unit in nursing.

   (2)]  Cooperating clinical agencies or services selected by the [school] nursing education program shall be licensed or approved by the appropriate [State and National] regulatory bodies, if [such exist] one exists.

   [(3)] (2)  The agreement between the [educational unit in nursing] nursing education program and the cooperating clinical agency shall be consistent with the standards of the nursing education program, developed jointly, recorded in writing, reviewed periodically by both parties, revised as occasion requires and consistently adhered to by those responsible for implementing the provisions.

   [(4)] (3) * * *

   [(5)] (4)  The [field] agencies selected for use shall have the quality and variety of resources for planned learning experiences needed for the [program of the educational unit in nursing] nursing education program, and shall retain ultimate responsibility for client care and services.

   [(6)] (5)  Approval by the Board shall be obtained before the [educational unit in] nursing education program may utilize a new [field] cooperating clinical agency [for learning experiences. An Agency Data form, provided by the Board, shall be submitted for each new field agency used for the first time.

   (h)  The faculty of the educational unit in nursing shall conduct planned periodic evaluation of its organization and administration.]

   (j)  The organizational plan for the nursing education program shall describe relationships with the governing body, individuals and cooperating clinical agencies responsible for and participating in the program operation.

   (k)  The faculty shall formulate all policies that relate to the operation of the nursing education program.

   (Editor's Note: As part of this proposed rulemaking, the Board is proposing to delete §§ 21.62 and 21.63, which currently appear at 49 Pa. Code pages 21-24--21-25, serial pages (209962) and (209963).)

§ 21.62.  (Reserved).

§ 21.63.  (Reserved).

ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL

§ 21.71.  Faculty and staff requirements [for baccalaureate and associate degree programs].

   (a)  [The minimum] Minimum faculty and staff requirements [for each program] are as follows:

   (1)  Full-time [director of the program] nurse administrator.

*      *      *      *      *

   (4)  A minimum of one full-time secretary and additional [secretarial assistance] staff support personnel as needed.

   (5)  A full-time librarian with at least a bachelor's degree in library science if the nursing education program is not within an institution of higher education.

   (b)  Faculty and nurse administrator qualifications are as follows:

   (1)  Board approval of the nurse administrator's credentials shall be obtained prior to appointment.

   (2)  The [director] nurse administrator of a baccalaureate degree nursing education program, employed for the first time [after January 1, 1986,] on or after  ______ (Editor's Note: The blank refers to a date 1 year after the effective date of adoption of this proposal) shall hold [a master's degree in nursing and] an earned doctoral degree [or a specific plan for completing doctoral preparation] with a nursing major at the master's or doctoral level. The [director] nurse administrator shall have experience in the areas of administration, nursing practice[,] and nursing education within an institution of higher education [and educational administration. Candidates who have made outstanding contributions to nursing education shall be considered on an individual basis].

   [(2)] (3)  The [director] nurse administrator of an associate degree or diploma program shall hold the minimum of a master's degree in nursing. The [director] nurse administrator shall have experience in the areas of nursing practice, nursing education and [educational] administration.

   [(3)] (4)  The length of appointment of a temporary [and] or acting [heads] nurse administrator of a nursing education [programs] program may not exceed 1 year.

   [(4)] (5)  [Nurse] The nurse administrator and every nurse faculty [members] member shall be currently licensed as professional nurses in this Commonwealth.

   [(5) Faculty members] (6) Every faculty member shall have a master's [degrees] degree in nursing or earned doctoral degree in nursing, with graduate preparation and clinical experience relevant to their clinical areas of responsibility[;] and [they] shall give evidence of maintaining expertise in [their] clinical or functional areas of specialization.

   [(6)] (7)  Faculty members [with less than] without a master's degree in nursing may be employed if qualified candidates are not available; they shall function for a maximum of 5 years as assistants under the direct guidance of a faculty member fully qualified in the specific teaching area. These assistants shall have [a minimum of] a baccalaureate degree in nursing, and they shall give evidence of actively pursuing a master's degree in nursing or an earned doctoral degree in nursing. [The lack of availability of] In applying to employ a faculty member without a master's degree in nursing, the administrator of a nursing education program shall document efforts to recruit qualified faculty [shall be documented by, among other things] by submitting to the Board copies of advertisements placed in appropriate professional journals and newspapers, copies of recruitment letters to appropriate institutions of higher learning, and records of job interviews.

   [(7)] (8)  Faculty employed to teach nutrition [must] shall be registered dietitians (R.D.) and eligible for membership in the American Dietetic Association.

   (9)  A clinical preceptor may be utilized to guide selected clinical activities. Faculty retain responsibility for planning and evaluating student learning experiences and shall have input into selection of preceptors.

§ 21.72.  Faculty policies.

*      *      *      *      *

   (d)  Teaching hours and additional duties of nurse faculty shall be consistent with the policies of the controlling institution. [Seminar, discussion and laboratory contact hours shall be equated. Where additional expectations in terms of research, counseling, committee work or other institutional responsibilities are present, the teaching load shall be decreased accordingly.]

   (e)  The nurse administrator and nursing faculty shall be afforded the time and opportunity to engage in leadership activities within their profession commensurate with [the responsibilities inherent in the role of institutions of higher education in our society] their responsibilities.

   (f)  There shall be a planned and active faculty development program designed to meet the [perceived] needs of the faculty. Faculty members shall maintain a record of participation in continuing education, professional self-development and other activities which promote the maintenance of expertise in their respective areas of teaching.

§ 21.73.  Internal nursing faculty organizations.

   (a) There shall be a nursing faculty organization. [appropriate to its size and in harmony with other educational units within the controlling institution.

   (b)]  Policies and rules of procedure governing the faculty organization shall be in written form and periodically reviewed by the faculty.

   [(c) Members] (b)  The members of the faculty shall participate in the activities of the faculty organization [in ways consistent with their rank and responsibilities].

   [(d)]  (c) * * *

   [(e)] (d)  Committee reports and faculty actions shall be recorded, filed [systematically] and kept available for reference.

   (Editor's Note: As part of this proposed rulemaking, the Board is proposing to delete §§ 21.74--21.76 and §§ 21.81--21.89, which currently appear at 49 Pa. Code pages 21-28--21-36, serial pages (209966)--(209974).)

§ 21.74.  (Reserved).

§ 21.75.  (Reserved).

§ 21.76.  (Reserved).

§§ 21.81--21.89.  (Reserved).

CURRICULUM

§ 21.90.  Curriculum philosophy, purposes and objectives.

   (a)  A clear statement of philosophy and purposes of the nursing education program, consistent with the philosophy and purposes of the controlling institution, shall be formulated, adopted and reviewed or revised at stated time intervals by faculty.

   (b)  The philosophy and purposes of the nursing education program shall be consistent with currently accepted educational and nursing standards.

   (c)  The program objectives shall identify outcomes that the students are expected to achieve.

§ 21.90a.  Core curriculum requirements.

   (a)  The curriculum shall:

   (1)  Address representative areas of nursing practice identified as entry-level by the current job analysis conducted by the NCSBN.

   (2)  Be developed, implemented and evaluated by the faculty and shall include the knowledge, professional role development, skills and abilities necessary for the specific levels of student achievement.

   (3)  Include content from the areas of anatomy and physiology, chemistry, microbiology, physics, nutrition and pharmacology which may be integrated, combined or presented as separate courses. When the basic sciences are presented as distinct academic courses, students shall participate in related laboratory testing of scientific principles.

   (4)  Include courses in the humanities and social and behavioral sciences.

   (b)  Content related to nursing history, trends and professional responsibilities may be integrated, combined or taught as separate courses.

§ 21.90b.  General education criteria.

   (a)  There shall be an educational rationale for the selection and distribution of courses and for the selection of theoretical and clinical laboratory content in nursing courses.

   (b)  The rationale for the allocation of credit for nursing courses shall be based on educational principles.

   (c)  Learning experiences and methods that promote critical thinking and synthesis of learning shall be utilized. Consideration shall be given to students' individual differences.

   (d)  General education courses for nursing students shall be taught according to the course description in the catalog of the college or university.

   (e)  Nursing courses and curriculum shall be organized to continue the development of knowledge, skills and behaviors needed in all aspects of basic professional nursing.

   (f)  The ratio of students to faculty shall assure optimal learning opportunities in all classroom and clinical laboratory sessions and shall be consistent with the objectives of the clinical nursing courses.

   (g)  The curriculum for nursing education programs shall give evidence of providing learning experiences which will prepare graduates for basic professional nursing practice.

§ 21.90c.  Changes requiring Board approval.

   (a)  Prior Board approval is required for the following curriculum changes:

   (1)  Alteration of the program purposes and objectives; changes in didactic or clinical hours, credits, units; changes in course placement; addition or deletion of courses; changes in the length of a course or program; and deletion of content areas.

   (2)  Changes in nursing education program options such as accelerated second degree programs, weekend and evening full time programs.

   (b)  When a curriculum change is contemplated, a plan which reflects the present program, the proposed change and the rationale for the change shall be presented to the Board. The plan should also reflect associated changes in clinical practice rotations.

   (c)  Curriculum changes which require Board action shall be filed with the Board at least 30 days prior to the Board meeting at which consideration of the proposed change is requested.

FACILITIES FOR ADMINISTRATION AND TEACHING

§ 21.91.  Facility and resource requirements.

*      *      *      *      *

   (b)  Facilities and resources of the [school] nursing education program shall include the following:

   (1)  [Offices and administrative and instructional personnel provided with appropriate and adequate space and equipment essential for attainment of the objectives of the program.] Classrooms, conference rooms, science laboratories, nursing resource laboratories, clinical facilities and offices sufficient to meet the needs of students, faculty, administrators and staff.

   (2)  [Sufficient number and size of accessible classrooms, conference rooms and laboratories to meet the needs of the program, as follows:

   (i)  Such facilities shall be attractive, with effective lighting, adequate heating and ventilation.

   (ii)  The educational facilities shall be provided with] Adequate equipment and supplies to meet the [teaching and] learning requirements of [both] students [and teachers].

   [(iii)  The selection and maintenance of the kind and quality of facilities needed in the individual nursing program shall be determined by the] (3)  Adequate material resources to implement curriculum design and teaching [methods utilized by] methodology of the faculty.

   [(3)] (4)  Adequate storage space for general supplies and equipment[. Policies shall be in existence for the] and procedures to ensure the periodic replacement of equipment, furnishings and supplies.

   [(4)] (5)  Library facilities and resources[, which are planned and maintained to meet the specific needs of the student and the faculty,] as follows:

*      *      *      *      *

   (iii)  Library holdings shall include sufficient current reference titles, periodicals and other educational materials to achieve the objectives of the curriculum.

STUDENTS

§ 21.101.  [Selection and admission] Admission and graduation standards.

   (a) Policies and procedures related to [the selection and] admission and graduation of students are the responsibility of each nursing education program. [the individual school. Consideration shall be given to scholastic aptitude, academic achievement, personal qualities and physical and emotional health necessary to fulfill the objectives of the program.

   (b)]  Students admitted to baccalaureate and associate degree programs shall meet the requirements for admission to the university or college and additional requirements that may be established for the nursing major.

   [(c)] (b)  *  *  *

§ 21.102.  Admission of classes.

   [The Board recommends that only one class be admitted per year.] The number of [candidates] admissions for each class shall be determined by the educational and clinical resources which the [school] nursing education program can provide.

§ 21.103.  Transfer of students or advanced standing.

   The [school] nursing education program shall have a written policy consistent with its philosophy and objectives concerning criteria for granting advanced standing or accepting transfer students. [The policies of the baccalaureate and associate degree programs shall be consistent with those of the controlling institution. Diploma programs shall assume responsibility for formulating their own policies and submitting them for Board approval. The Board requires that transfer students complete, as a minimum, the senior or final level in the school granting the diploma or degree.]

STUDENT SERVICES

   (Editors Note: As part of this proposed rulemaking, the Board is proposing to delete §§ 21.112 and 21.113, that currently appear at 49 Pa. Code pages 21-38 and 21-39, serial pages (214432) and (214433).)

§ 21.112.  (Reserved).

§ 21.113.  (Reserved).

§ 21.114.  Counseling and guidance.

   (a)  The scope of the counseling program shall be clearly defined [in accordance with the objectives of the program.] and [(b) A program should] shall include personal, professional and academic counseling, initiated by either faculty or students.

   [(c)] (b)  Adequate provisions [should] shall be made for referral of students to appropriate counselors when [assistance is] needed [for solving problems of students].

§ 21.115.  [Financial aid] (Reserved).

   [ (a)  Policies and procedures relating to scholarships, loans and grants shall be developed within the framework of the philosophy of the controlling institution and defined in writing.

   (b)  It is recommended that each school maintain a list of available resources for financial assistance and that applicants and students be informed of these resources.

   (c)  Students accepting financial aid should be made aware of the provisions and responsibilities incurred with such assistance.]

STUDENTS LICENSED IN OTHER JURISDICTIONS

§ 21.118.  Post-basic nursing education programs.

   (a)  A registered nurse currently licensed in another jurisdiction of the United States or Canada who has graduated from an approved program of nursing and who is enrolled in an accredited graduate nursing program, a bachelor of science nursing program, or a refresher course in nursing may practice nursing in a clinical setting as required by the educational program of studies without obtaining a [Pennsylvania] license in this Commonwealth so long as the student does not receive compensation except in the form of stipends, scholarships and other awards related to the [training] nursing education program.

   (b) A student who meets the description in subsection (a) and who also desires to practice as a registered nurse while participating in the [training] nursing education program shall submit an application for licensure by endorsement and obtain a temporary practice permit as provided by § 21.28 (relating to licensure by endorsement).

RECORDS

§ 21.121.  Program records.

*      *      *      *      *

   (b)  Records shall be kept in locked [fireproof] files which assure their permanent safekeeping.

§ 21.122.  Record maintenance.

   [Each nursing faculty shall select record forms specifically for the nursing program and] Records to be maintained shall include the following:

   (1)  Student records, including [the following:

   (i)  Permanent record, including both clinical and theoretical experience and achievement, shall be kept ad infinitum.] complete academic transcripts and a summary of clinical performance evaluations. These records shall be retained for 50 years.

   [(ii)] (2)  Health records[shall be kept], to be maintained throughout the time of attendance and for 5 years following completion of the program.

   [(2)] (3)  Faculty records[, including the following]which include:

   (i)  ''Display portion'' or duplicate of all current [nursing] Pennsylvania RN licenses.

   (ii)  Records of preparation and experience, including official college transcripts.

   (iii)  Current record of continuing education activities and professional leadership activities.

   [(3)] (4)  Administrative records[, including the following] which include:

   (i)  [Affiliation agreements with cooperating agencies] Cooperating clinical agency agreements and letters of agreement regarding clinical experience and student observations.

   (ii)  Minutes of organizational and faculty meetings, to be retained for at least 10 years.

   (iii)  Annual reports required by the institution and documentation of periodic evaluations required under § 21.131 (relating to evaluation), to be retained for at least 10 years.

   (iv) [Follow-up studies of graduates.

   (v)] Budgets to be maintained for at least 3 years.

   [(vi)] (v)  Current [written] nursing education program policies.

   [(4)] (5)  School [bulletin, as follows:

   (i)  Shall] bulletins shall be accurate, comprehensive and current[, since it serves as a contract of agreement between the applicant or student and the school.];

   [(ii) Shall] shall include clearly defined [refund policies governing fees and tuition paid by the students.] tuition, fees and refund policies; and

   [(iii) Shall] shall include clearly defined [policies relating to admission, promotion, retention, transfer, advanced placement and dismissal] admission, progression, retention and graduation policies.

§ 21.123.  [Access and use of records] (Reserved).

   [(a)  Students shall have access to personal records as defined by Federal and State legislation.

   (b)  No information may be released from a student's record without written permission of the student.]

§ 21.124.  Records to be filed with the Board.

   (a)  An annual report of the [school of] nursing education program shall be sent to the Board using the form supplied by the Board.

   (b) [Upon completion of the entire program, a transcript or photocopy of the final record of the student shall be submitted along with the application for admission to the licensing examination. The transcript shall bear the impression of the school seal and signature of the director of the school or authorized representative.] Each nursing education program shall submit a list of individuals who completed the program and qualify for a temporary practice permit.

§ 21.125.  Custody of records.

   (a)  When a [school] nursing education program closes, the controlling institution shall be responsible for the safekeeping of the records of students [, and official] for at least 50 years after graduation. Official copies of the records shall be made available upon request.

   (b)  If the controlling institution also closes, advice should be obtained from the Board concerning the permanent safekeeping and availability of the records of the [school of] nursing education program.

*      *      *      *      *

PROGRAM EVALUATION

§ 21.131.  Evaluation.

   The program shall be evaluated according to a systematic plan developed by the faculty which shall include the following:

   (1)  Organization and administration of the nursing education program.

   (2)  Administrative and instructional personnel.

   (3)  Curriculum.

   (i)  Review of the program based on its stated philosophy and objectives.

   (ii)  Evaluation of instructional procedures, learning experiences and student progress.

   (iii)  Performance of graduates on the licensing examination.

   (iv)  Evaluation by students and graduates of the quality of education and entry level nursing competencies of the program.

   (4)  Facilities and resources.

   (5)  Student policies and student services.

[Pa.B. Doc. No. 01-222. Filed for public inspection February 9, 2001, 9:00 a.m.]



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