PROPOSED RULEMAKING
STATE BOARD
OF NURSING
[49 PA. CODE CH. 21]
Faculty Requirements for Nursing Education Programs
[37 Pa.B. 4649]
[Saturday, August 25, 2007]The State Board of Nursing (Board) proposes to amend §§ 21.71 and 21.72 (relating to faculty and staff requirements for baccalaureate and associate degree programs; and faculty policies) and to delete § 21.74 (relating to faculty and staff requirements for diploma programs) to read as set forth in Annex A. This proposed rulemaking is intended to remove unnecessary restrictions on appointments of faculty for nursing education programs.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
The proposed rulemaking is authorized by section 6.1 of the Professional Nursing Law (63 P. S. § 216.1), which provides that the Board establish standards for the operation and approval of nursing education programs.
Background and Need for the Proposed Rulemaking
The Nursing Education Capacity Working Group, an ad hoc committee of the Pennsylvania Center for Health Careers (Center), suggested that the Board amend its regulations regarding nursing education faculty. Following a series of roundtables held throughout this Commonwealth to discuss the nursing shortage and through research and discussion with experts, the Center concluded that this Commonwealth needs to expand, as quickly as possible, the supply of qualified nurse educators without compromising the quality of nursing education. This suggestion addresses the nursing shortage because one of the impediments to this Commonwealth's goal of an adequate nurse workforce is the inability of nursing schools to meet the demand for enrollment due to faculty shortages. The Board now proposes these amendments to allow nursing education programs greater leeway in hiring qualified faculty to educate nursing students.
Description of Proposed Amendments
The Board proposes to amend § 21.71, which sets forth the faculty and staff requirements for baccalaureate and associate degree nursing education programs, so that it applies to all nursing education programs (baccalaureate and associate degree programs, programs in transition and diploma programs). The Board proposes to delete § 21.74, which currently sets forth the faculty and staff requirements for diploma nursing education programs. In this proposed rulemaking, the Board has reorganized § 21.71. Proposed subsection (a) provides the general requirement that a nursing education program employ a sufficient number of adequately qualified faculty, faculty assistants and staff to accomplish the program objectives. Proposed subsection (b) sets forth the qualifications for the nurse administrator of the nursing education program. Proposed subsection (c) sets forth the qualifications for faculty, faculty assistants and allied faculty in the nursing education program.
The Board proposes to amend § 21.71(b) to provide that the nurse administrator's credentials shall be submitted for Board approval. This requirement is not new; proposals for new nursing education programs must already include the administrator's credentials for approval. The Board proposes in paragraphs (1) and (2) to permit nursing education programs to employ an administrator with at least one graduate degree in nursing rather than ''a master's degree in nursing.'' The Board anticipates that this change will greatly increase the pool of applicants qualified to serve as nurse administrator.
The Board's current regulations require that nursing faculty hold a master's degree in nursing. The current regulations also allow employment of a faculty assistant, who does not hold a master's degree in nursing, provided the faculty assistant provides evidence of actively pursing a master's degree in nursing.
This proposed rulemaking would create three categories of nursing faculty: faculty, faculty assistants and allied faculty. Faculty teaching required clinical nursing courses will be required to hold at least one graduate degree in nursing. This requirement is much less restrictive than the current requirement of a master's degree in nursing because it allows individuals with a nursing-related master's degree and a doctoral degree in nursing to teach required clinical nursing courses. For example, under the current regulation, an individual with a bachelor's degree in nursing, a master's degree in public health and a doctoral degree in nursing is precluded from faculty posts until the individual obtains a master's degree in nursing. Under the proposed rulemaking, this individual would be considered fully qualified to teach required clinical nursing courses.
Faculty assistants, that is, individuals who do not hold at least one graduate degree in nursing, will continue to be permitted to teach required clinical nursing courses only if qualified candidates are not available. The Board will retain the requirement that faculty assistants work under the direct guidance of a faculty member fully qualified in the specific teaching area.
The Board has always intended to restrict faculty assistants to a maximum of 5 years as a faculty assistant before obtaining a graduate degree in nursing. However, the current wording has allowed individuals to continue to teach in nursing education programs in this Commonwealth indefinitely without obtaining a graduate degree by moving from school to school in this Commonwealth, or moving out-of-State and then returning to this Commonwealth, at least once every 5 years. The Board proposes to clarify the limitation by providing, in proposed § 21.71(c)(2), that faculty assistants may teach in this Commonwealth for a maximum cumulative period of 5 years without obtaining a graduate degree in nursing. To further advance this objective, the Board proposes to amend § 21.72 by adding subsection (g), which requires faculty assistants to maintain a record of their activities leading to the completion of a graduate degree in nursing and to submit to the Board, at least annually, a transcript of courses completed toward the degree. As schools of nursing in this Commonwealth are required to obtain and maintain Board approval, a school that employs a faculty assistant who does not submit the required materials to the Board or who fails to complete a graduate degree in nursing within the specified time frame, may be subject to placement on the list of provisionally approved schools.
Under proposed § 21.71(c)(3), a nursing education program will be authorized to employ allied faculty to teach courses in the basic sciences or specialized areas of nursing practice. Allied faculty shall hold at least one graduate degree in a subject area pertinent to the area of teaching. For example, this amendment will permit a nursing education program to employ an individual with a graduate degree in chemistry to teach chemistry courses and will allow a program to employ an individual with a doctoral degree in pharmacy to teach pharmacology.
The Board also proposes to address the use of clinical preceptors by nursing education programs in proposed § 21.71(c)(5). A clinical preceptor is a licensed professional nurse who serves as a clinical instructor and mentor to a very limited number of students placed at a particular practice site where the clinical preceptor is employed. The Board proposes to specifically authorize the use of clinical preceptors and to provide that faculty shall retain responsibility for planning and evaluating student learning experiences and also have input into the selection of preceptors.
The Board is also proposing amendments to § 21.72. The Board proposes to amend § 21.72(f) to require faculty members to maintain records of their participation in continuing education, professional self-development and other activities that promote the maintenance of expertise in their respective areas of teaching. As already explained, the Board also proposes to require faculty assistants to provide the Board with annual progress reports related to their progress toward an appropriate degree.
Input from the Regulated Community
The Board requested input from nursing education programs and other interested parties. The Board finds that the proposed rulemaking addresses a compelling public interest as described in this preamble.
Fiscal Impact and Paperwork Requirements
The proposed rulemaking will not have an adverse fiscal impact on the Commonwealth or its political subdivisions as the Board is self-supporting. The proposed rulemaking will not impose additional paperwork requirements upon the Commonwealth, its political subdivisions or the private sector.
Sunset Date
The Board continuously monitors the cost-effectiveness of its regulations. Therefore, no sunset date has been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 15, 2007, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, recommendations or objections regarding this proposed rulemaking to Ann Steffanic, Board Administrator, State Board of Nursing, P. O. Box 2649, Harrisburg, PA 17105-2649 within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin.
MARY E. BOWEN, R. N., CRNP,
ChairpersonFiscal Note: 16A-5131. No fiscal impact; (8) recommends adoption.
Annex A
TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS
PART I. DEPARTMENT OF STATE
Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS
CHAPTER 21. STATE BOARD OF NURSING
Subchapter A. REGISTERED NURSES
ADMINISTRATIVE AND INSTRUCTIONAL PERSONNEL § 21.71. [Faculty] Nurse administrator, faculty and staff requirements [for baccalaureate and associate degree programs].
(a) A nursing education program shall employ a sufficient number of qualified faculty, faculty assistants, allied faculty and staff to accomplish the program objectives. The minimum faculty and staff requirements [for each program] are as follows:
(1) Full-time [director of the program] nurse administrator.
(2) Full-time [qualified] faculty members in the areas of [specialized] practice encompassed within the curriculum.
(3) Additional faculty members as needed [to insure an educationally effective student-faculty ratio].
(4) [A minimum of one full-time secretary and additional secretarial assistance as needed] Allied faculty members as needed.
(5) Program support services, including administrative and clerical services.
(b) [Faculty] The nurse administrator's credentials shall be submitted to the Board for approval. The nurse administrator's qualifications are as follows:
(1) The [director] nurse administrator of a baccalaureate degree nursing education program[, employed for the first time after January 1, 1986,] shall hold [a master's] at least one graduate degree in nursing [and]. The nurse administrator shall hold an earned doctoral degree or have a specific plan for completing doctoral preparation within 5 years of appointment. The [director] nurse administrator shall have experience in [the areas of] nursing practice, 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.] A professional nurse who does not hold at least one graduate degree in nursing, but who has experience in nursing practice, nursing education and administration may be considered on an individual basis.
(2) The [director] nurse administrator of an associate degree or diploma program shall hold [the minimum of a master's] at least one graduate degree in nursing. The [director] nurse administrator shall have experience in [the areas of] nursing practice, nursing education and [educational] administration. A professional nurse who does not hold at least one graduate degree in nursing, but who has experience in nursing practice, nursing education and administration may be considered on an individual basis.
(3) The length of appointment of [temporary and] an interim or acting [heads] nurse administrator of a nursing education [programs] program may not exceed 1 year.
(4) [Nurse faculty members] The nurse administrator shall hold either a temporary practice permit to practice professional nursing or be currently licensed as [nurses] a professional nurse in this Commonwealth.
(c) Faculty qualifications are as follows:
[(5)] (1) Faculty members teaching required clinical nursing education courses shall [have master's degrees] hold at least one graduate degree in nursing, [with graduate preparation relevant to their clinical areas of responsibility;] shall be currently licensed as professional nurses in this Commonwealth, and [they] shall [give evidence of maintaining] have expertise in their [clinical or functional] areas of [specialization] instruction.
[(6)] (2) Faculty members [with less than a master's] without a graduate degree in nursing [may be employed if qualified candidates are not available; they shall function for a maximum of 5 years as assistants] shall be designated faculty assistants. Faculty assistants shall be currently licensed as professional nurses in this Commonwealth. Faculty assistants may teach required clinical nursing education courses only when fully qualified faculty are not available and shall teach under the direct guidance of a faculty member [fully] qualified [in the specific teaching area] as set forth in paragraph (1). [These] Faculty assistants shall have [a minimum of] a baccalaureate degree in nursing[,] and [they] shall give evidence of [actively pursuing a master's] a plan for obtaining a graduate degree in nursing. [The lack of availability of qualified faculty shall be documented by, among other things, 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.] A person may teach as a faculty assistant in a nursing education program in this Commonwealth for a maximum cumulative period of 5 years.
(3) Allied faculty members may teach basic sciences or specialized areas of nursing practice. Allied faculty members shall hold at least one graduate degree in a subject area pertinent to their area of teaching.
[(7)] (4) Faculty employed to teach [nutrition must be registered dietitians (R.D.) and eligible for membership in the American Dietetic Association] dietetics-nutrition shall be currently licensed to practice dietetics-nutrition in this Commonwealth.
(5) A clinical preceptor may be used to enhance faculty-directed clinical learning experiences by guiding selected clinical activities. A clinical preceptor shall hold a current license to practice professional nursing in the state of the clinical experience. Faculty shall retain responsibility for planning and evaluating student learning experiences and shall have input into the selection of preceptors.
§ 21.72. Faculty policies; additional responsibilities of faculty and faculty assistants.
* * * * * (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 that promote the maintenance of expertise in their respective areas of teaching.
(g) Faculty assistants shall maintain a record of their activities leading to the completion of a graduate degree in nursing and shall submit a current transcript of courses and other activities completed toward the degree to the Board at least annually.
§ 21.74. [Faculty and staff requirements for diploma programs] (Reserved).
[(a) The minimum faculty and staff requirements for each program shall be as follows:
(1) When the responsibility of the director encompasses nursing service as well as responsibility for the school, there shall be a full-time person who is responsible for the operation of the school.
(2) Full-time faculty member for each clinical nursing course.
(3) Additional faculty members as needed to insure an educationally effective student-faculty ratio.
(4) Minimum of one full-time secretary and additional secretarial assistants as needed.
(5) A full-time librarian.
(b) Faculty qualifications are as follows:
(1) The director of the school shall have a master's degree in nursing applicable to directors. School directors appointed after July 1, 1977, shall have a master's degree in nursing and experience in the areas of nursing practice, nursing education and educational administration. Candidates who have made outstanding contributions to nursing education will be considered on an individual basis.
(2) Nurse faculty members shall be currently licensed as nurses in this Commonwealth.
(3) Faculty members appointed after January 1, 1986, shall have master's degrees in nursing with graduate preparation relevant to their clinical, or clinical and functional, areas of responsibility; and they shall give evidence of maintaining expertise in their clinical, or clinical and functional, areas of specialization.
(4) Faculty members with less than 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. Assistants shall have a minimum of a baccalaureate degree in nursing, and they shall give evidence of actively pursuing their academic preparation. The lack of availability of qualified faculty shall be documented.
(5) Faculty members shall give evidence of participation in continuing education and self development as individuals and as a faculty group.
(6) Faculty members employed to teach Nutrition must be registered dietitians (R.D.) and eligible for membership in the American Dietetic Association.]
[Pa.B. Doc. No. 07-1551. Filed for public inspection August 24, 2007, 9:00 a.m.]
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