Section 129.05. Nurse aide training program approval process.

 

(1)   Application.

(a) An applicant for nurse aide training program approval shall apply for approval of their program on a form provided by the department.

(b) The program shall provide any additional information requested by the department during the department's review of the application.

(c) The program shall designate an individual who is responsible for the operation and compliance of the program with all applicable provisions of this chapter. The program shall note the designee on the application for approval.

(d) All aspects of the program shall be in compliance with all applicable federal, state and local laws.

(2)   Action by the department.

(a) Initial review of a training program.

1. Upon receiving an application for approval of a training program, the department shall review the program to determine the program's compliance with ss. DHS 129.06 and 129.07 . The department shall review the program for all of the following:

a. Program content, length and ratio of classroom instruction to skills training.

b. Qualifications of instructors.

c. Clinical setting and type of clinical supervision.

d. Provision for written evaluation of the program.

e. Reasonable accommodations for prospective students with handicapping conditions.

f. Criteria for successful completion.

g. Appropriate furnishing of physical facilities to meet classroom instruction and skills training needs.

2. Within 90 days after receiving a training program application, the department shall either issue a preliminary approval or deny the application. Preliminary approval may be granted for a period of 3 months. If the application is denied, the department shall give the program reasons, in writing, for the denial and describe the process to appeal the denial.

3. If an application for approval of a training program is denied, the program may not resubmit an application for approval to train nurse aides for 6 months from the date of the denial of the application.

(b) Pre-approval and monitoring.

1. The department shall conduct a preliminary approval onsite review before issuing a preliminary approval, to verify that the classroom and equipment are adequate for the training program.

2. Following the 3 month preliminary approval period, the department shall conduct an onsite review to verify compliance with the requirements of this chapter. The department shall either issue a formal approval or revoke the preliminary approval.

3. If preliminary approval for a training program is denied or revoked, the program may not resubmit a request for approval to train nurse aides for 6 months from the date the preliminary approval for the training program was denied or revoked.

(c) Post-approval review and monitoring .

1. The department shall conduct a post-approval review of a program every 2 years after the date on which the department formally approves the program. The department may conduct an announced or an unannounced on-site review of the program at any time to verify that the program remains in compliance with this chapter.

2. The program designee shall submit an annual report to the department on a form provided by the department and shall provide any additional information requested by the department during the department's review of the program. The program designee shall provide reasonable means for the department to examine records and gather requested information.

3. The program designee shall submit for approval any substantial change in the program to the department in writing. A program may not implement the proposed change in the program without the department's written approval. In this subdivision, "substantial change" means a change in the program designee under s. DHS 129.05 (1) (c) , primary instructor under s. DHS 129.06 (1) , training course for primary instructors under s. DHS 129.06 (3) , curriculum under s. DHS 129.07 (1) , or program site under s. DHS 129.07 (2) (a) or (c) .

4. An approved training program may be granted inactive status if no training was conducted in the previous 24 consecutive months. The training program will be required to submit a new application in its entirety if the period of inactivity is 36 consecutive months or longer.

5. If at any time the department determines that a program has failed to comply with a requirement of this chapter, the department may, after providing written notice, impose a plan of correction on the program, or suspend or revoke approval of the program.

(d) Enforcement.

1. The department may deny or withdraw approval of a new or existing program for any of the following reasons:

a. The program cannot provide satisfactory evidence that the program meets the standards for program approval.

b. The program did not conduct any training classes within the previous 24 consecutive months.

c. The program fails to allow the department to conduct an on-site visit of the training program.

2. The department may withdraw program approval immediately or prescribe the time within which the deficiencies identified during an onsite review shall be corrected. All notices of deficiency shall be given in writing to the program contact, identified in s. DHS 129.05 (1) (c) . The program contact may submit a plan of correction to the department. If the program fails to correct the deficiency within the specified time, the approval may be withdrawn.

3. When program approval is withdrawn, the program shall do all of the following:

a. Submit a plan to the department within 10 business days after the withdrawal of the program's approval for the completion of the program of the enrolled students with another program in good standing with the department.

b. Allow students who have started that program to complete the course with another program that is in good standing with the department.

c. Provide for custody of the training records for a 3 year time period as required in s. DHS 129.07 (2) (f) .

4. Denial or withdrawal of facility-based training is subject to the requirements of applicable federal law.

5. If the approval is withdrawn, the program may request a hearing under in s. DHS 129.10 .

6. If approval of the program is denied or withdrawn under subd. 1. , the program may not reapply for program approval for 6 months from the date of the denial or withdrawal of the program approval.

CR 08-042 : cr. register November 2008 No. 635, eff. 12-1-08; correction in (2) (d) 6. made under s. 13.92 (4) (b) 7. , Stats., Register November 2008 No. 635 .

Note

To obtain a copy of the application form, write to the Division of Quality Assurance, P.O. Box 2969, Madison, Wisconsin 53701-2969 or fax a request to 608-264-6340. Microsoft Windows NT 6.1.7601 Service Pack 1