52 N.J.R. 10(a)

VOLUME 52, ISSUE 1, JANUARY 6, 2020
RULE PROPOSALS

Reporter
52 N.J.R. 10(a)
NJ - New Jersey Register  >  2020  >  JANUARY  >  JANUARY 6, 2020  >  RULE PROPOSALS  >  LAW AND PUBLIC SAFETY -- DIVISION OF CONSUMER AFFAIRS

Interested Persons Statement 

INTERESTED PERSONS 
Interested persons may submit comments, information or arguments concerning any of the rule proposals in this issue until the date indicated in the proposal. Submissions and any inquiries about submissions should be addressed to the agency officer specified for a particular proposal. 
The required minimum period for comment concerning a proposal is 30 days. A proposing agency may extend the 30-day comment period to accommodate public hearings or to elicit greater public response to a proposed new rule or amendment. Most notices of proposal include a 60-day comment period, in order to qualify the notice for an exception to the rulemaking calendar requirements of N.J.S.A. 52:14B-3. An extended comment deadline will be noted in the heading of a proposal or appear in a subsequent notice in the Register. 
At the close of the period for comments, the proposing agency may thereafter adopt a proposal, without change, or with changes not in violation of the rulemaking procedures at  N.J.A.C. 1:30-6.3. The adoption becomes effective upon publication in the Register of a notice of adoption, unless otherwise indicated in the adoption notice. Promulgation in the New Jersey Register establishes a new or amended rule as an official part of the New Jersey Administrative Code.  

Agency


LAW AND PUBLIC SAFETY > DIVISION OF CONSUMER AFFAIRS > STATE BOARD OF NURSING


Administrative Code Citation


Proposed Amendments: N.J.A.C. 13:37-1.2, 1.3, 1.5, 1.6, 1.7, 1.8, 1.13, 1.14, 1.15, 1.16, 1.18, 1.19, 1.20, and 2.3  

Proposed Repeal: N.J.A.C. 13:37-1.17  

Proposed New Rule: N.J.A.C. 13:37-1.10A


Text

  Education Programs

Authorized By: State Board of Nursing, Joanne Leone, Executive Director.
Authority: N.J.S.A. 45:11-24.
Calendar Reference: See Summary below for explanation of exception to calendar requirement.
Proposal Number: PRN 2020-005.
Submit comments by March 6, 2020, to:

Joanne Leone, Executive Director
State Board of Nursing
PO Box 45010
Newark, New Jersey 07101

or electronically at:   http://www.njconsumeraffairs.gov/Proposals/Pages/default.aspx
The agency proposal follows:

Summary

The Board of Nursing (Board) organized an education subcommittee to review Board rules regarding the accreditation of nursing education programs. The subcommittee was composed of nurse educators from registered professional and licensed practical nursing programs from across the State. The subcommittee had regular meetings for over a year to review Board rules and to suggest amendments and new rules to update these rules. The subcommittee submitted recommendations to the Board. The Education Committee of the Board reviewed the recommendations and submitted its combined suggestions to the Board for review. Following its extensive review, the Board is proposing amendments and new rules at N.J.A.C. 13:37-1 and 2.3 in response to those suggestions.   

The proposed amendments and new rule would implement the education subcommittee's recommended changes to the rules. The proposed amendments would require nursing program administrators to have three years of experience with a background in developing curriculum; limit the body of graduates that will affect a nursing program's licensing examination pass rate; delete requirements that faculty members who teach online have a New Jersey license; and require half of the faculty in practical nursing programs to hold master's degrees. The Board proposes these amendments and new rules in recognition of the ongoing evolution of the role of registered professional nurses and licensed practical nurses with the goal of ensuring that individuals entering the nursing professional receive a high-quality education that equips them to provide nursing services in a safe and effective manner.   

Throughout N.J.A.C. 13:37-1, the Board proposes to amend the phrase "philosophy, organizing framework, objective and outcomes of the program" to "philosophy/mission, student learning outcomes, and outcomes of the program." The Board believes that the new phrase more accurately identifies the information and documentation a nursing program must develop in order to adequately educate nursing students.   

Proposed amendments at N.J.A.C. 13:37-1.2 define "calendar year" (which was not previously defined), which is January 1 through December 31, and require institutions to submit a certificate of need, which is an analysis as to the availability of nursing programs in the area and an estimate as to how many students will likely attend the program, with their initial submission for accreditation. Currently, an initial application must be submitted eight months prior to the proposed establishment of a program and the succeeding submission of information must be made no later than four months prior to the start date of a program. The Board [page=11] proposes to extend these timeframes, so that the initial application must be made at least 18 months prior the proposed establishment and the succeeding submission of information must be made at least 12 months prior to the start date. Proposed amendments clarify language and introduce new requirements for the succeeding submission of information, which now must include a statement as to a program administrator's qualifications, an agreement with clinical facilities, and an agreement with an accredited nursing program indicating that the accredited program will accept nursing students from the education program seeking accreditation if that program fails to obtain accreditation. The proposed amendments also delete the name for the "Systematic Plan for Program Evaluation." The proposed amended rule would no longer require such plans to contain the components being evaluated or outcomes that reflect program objectives.  
Existing N.J.A.C. 13:37-1.3 limits licensed practical nurse education programs on provisional accreditation to no more than 40 students per calendar year. The Board proposes to amend this rule so that this limitation will apply to all nurse education programs on provisional accreditation.   

The Board proposes to amend the heading for N.J.A.C. 13:37-1.5 to more accurately reflect the contents of the rule. Subsection (b) sets forth the information that must be included in a nursing program's philosophy. The Board proposes to delete this provision as it does not believe it is necessary or appropriate for the Board to dictate the contents of a program's philosophy. Proposed amendments to the rule clarify language and recognize that amendments at N.J.A.C. 13:37-1.2 deleted the title "Systematic Plan for Program Evaluation."  
N.J.A.C. 13:37-1.5 requires faculty to develop admissions requirements that they deem necessary. This requirement places a responsibility on faculty for admission requirements that their institutions may not authorize. The Board proposes to amend this requirement so that faculty must have input in developing admissions requirements but will not be required to have sole authority for developing admissions requirements. The existing rule requires faculty to develop grading and educational policies that they deem necessary. The Board proposes to amend this requirement so that grading and educational policies of the program either be the same as those for the educational institution or be justified if they differ from those imposed by the institution. A new provision requires nursing programs to inform students in writing of grading and educational requirements that are changed while students are enrolled.   

The Board proposes to amend N.J.A.C. 13:37-1.6 to require that program administrators either have at least three years of experience working in accredited or approved nursing programs or have completed at least 12 credits in education. The Board proposes to amend the rule to provide the effective date for a provision that was adopted in 2003.  
N.J.A.C. 13:37-1.7 requires faculty members to be licensed as registered professional nurses in New Jersey. The Board proposes to amend this rule to recognize that faculty members who are teaching courses online need not hold New Jersey licenses, as long as they are licensed as registered professional nurses in at least one other state. The Board proposes to amend the rule to clarify language and to require faculty members in baccalaureate degree, associates degree, and diploma programs to hold master's and doctoral degrees. For faculty in licensed practical nursing programs, the Board proposes to require that at least half of the members of the faculty hold master's or doctoral degrees and the remainder hold baccalaureate degrees. The Board proposes to delete a provision that required faculty to develop plans to maintain competency.   

N.J.A.C. 13:37-1.8 establishes curricula requirements for both registered professional and licensed practical nursing programs. Proposed amendments to the rule require that nursing courses be taught concurrent with clinical experiences and require that curricula include evidenced-based practice, socialization to the role of the practical nurse, and review of national patient safety goals. The proposed amendments also reorganize the curriculum for licensed practical nurses to mirror the organization of the registered professional nurse curriculum. The existing rule requires licensed practical nursing programs to be at least 44 weeks long. The Board proposes to amend this rule to require that the programs be either 30 academic credits or 1,500 hours and to add to the topics that must be covered in nursing courses. The Board proposes to delete requirements that licensed practical nursing programs offer theory and clinical experience equally distributed between theoretical and clinical work. The Board does not believe it is necessary to dictate time allocation for licensed practical nursing programs.   

Proposed new N.J.A.C. 13:37-1.10A sets forth standards for the use of preceptors during nursing education programs. A "preceptor" is defined as a registered professional nurse employed by a licensed health care entity who supervises a student's clinical learning and who has either a doctoral, master's, or bachelor's degree in nursing or at least five years of experience. A preceptor is not a faculty member and need not meet the requirements of N.J.A.C. 13:37-1.7. The proposed new rule allows faculty members to supervise up to 20 students who are working with preceptors. A preceptor may work with only one student at a time and students may work only with a preceptor during the last portion of his or her education.   

A proposed amendment to N.J.A.C. 13:37-1.13 deletes reference to a provision that expired in 2008.   

Proposed amendments to N.J.A.C. 13:37-1.14 recognize that the Accreditation Commission for Education in Nursing and the Commission for Nursing Education Accreditation provide national accreditation for nursing education programs and reflect recodification of the rules.   

N.J.A.C. 13:37-1.15 is proposed for amendment to clarify language and to recognize that a designee of the Board may accept an annual report from a nursing program. 

  
N.J.A.C. 13:37-1.16 requires a nursing program to notify the Board if there is a change in the program's dean, director, chair, or program administrator. N.J.A.C. 13:37-1.6 requires that a program notify the Board if an administrator is replaced. These two provisions are duplicative, as an administrator is a program dean, director, or chair, and the Board proposes to delete the requirement at N.J.A.C. 13:37-1.16, as it is not necessary. The Board also proposes to amend the rule to clarify language, require that notifications be in writing, and require that notifications be submitted 120 days prior to the anticipated date of a change of an administrator.   

N.J.A.C. 13:37-1.16 sets forth changes that are major curriculum changes of which the Board must be notified. Two of these are reorganization of credit allocation within a program and changes to philosophy or organizing framework. Based upon the review undertaken by the subcommittee, the Board has determined that these changes are not major changes of which it needs to be notified. Proposed amendments to the rule clarify that a program needs to notify the Board only when required credits in, or the length of, nursing programs are increased or decreased and to require that the notification include a course sequence outline for the change.  

 
Pursuant to existing N.J.A.C. 13:37-1.17, a program will be placed on conditional accreditation if, for three consecutive years, less than 75 percent of graduating students pass the licensing examination. A program can be on conditional accreditation for up to 18 months. If a program's pass rate is less than 75 percent at the end of this period, the program is placed on probation. A program on probation has 18 months to achieve pass rates above 75 percent before being closed. Under the existing rules, a program could have pass rates under 75 percent for six years before the program would be closed. The Board believes that programs that have had pass rates under 75 percent for three consecutive years should not be allowed to continue for up to three additional years with pass rates under 75 percent. The Board proposes to repeal N.J.A.C. 13:37-1.17 and to amend N.J.A.C. 13:37-1.19, so that a program that has a pass rate of under 75 percent for three consecutive years will be placed on probation. Such a program will have 18 months on probation to achieve a pass rate above 75 percent. If, at the end of the 18-month period, a program does not achieve a pass rate above 75 percent, the program will be closed.   

N.J.A.C. 13:37-1.18 permits programs on conditional accreditation that cannot achieve outcomes in its action plan to request an extension from the Board. The Board does not believe that such extensions are appropriate and proposes to delete this provision. The Board also proposes to amend the rule to clarify language.   

The Board proposes to amend N.J.A.C. 13:37-1.19 to provide a definition for calendar year. Proposed new subsection (c) establishes that a program that has a pass rate of under 75 percent for three consecutive years will be placed on probation and that probation is effective upon receipt of written notification. Proposed new subsection (d) is taken from existing subsection (a) and permits a nursing program on probation to [page=12] request an appearance before the Board in writing. Proposed new subsection (h) establishes that a program that is on probation due to a pass rate of under 75 percent for three consecutive years must submit an action plan that includes an outcome that within the next calendar year, at least 75 percent of graduates who take the examination pass on the first attempt. Existing N.J.A.C. 13:37-1.19 allows a program that loses accreditation after being on probation to continue to operate until the last student has graduated or otherwise left the program. A program that loses accreditation is not adequately educating students and the Board believes that such programs should not be permitted to continue to operate. The rule is proposed for amendment to delete the provision that allowed programs to continue to operate after losing accreditation.   

The Board proposes to amend N.J.A.C. 13:37-1.20 to clarify language and to recognize that students must graduate before they can take the licensing examination. The Board also proposes to amend the rule to require programs that terminate to provide the Board with lists of all enrolled students, students who have graduated from the program, and graduates of the program for whom the program submitted letters of completion.   

N.J.A.C. 13:37-2.3 requires a foreign educated applicant for a licensed practical nurse license who has not taken specific courses, to take the courses he or she is missing in a nursing program approved by the State Department of Education and the Board. The Board proposes to amend this requirement, so that the program need not be approved by the Department of Education. The Board also proposes to amend the rule to require foreign educated applicants for a registered professional nurse license who have not taken specific courses, to take the courses they are missing in a Board approved nursing program.   

The Board has determined that the comment period for this notice of proposal will be 60 days; therefore, pursuant to N.J.A.C. 1:30-3.3(a)5, this notice is excepted from the rulemaking calendar requirement.   

Social Impact   

The proposed amendments, repeal, and new rule set forth standards that ensure that nursing programs teach student nurses to practice with skill, knowledge, care, and competence. The proposed amendments, repeal, and new rule will benefit existing and proposed new nursing programs by giving clear guidance as to how existing programs should be run and provide clear standards on how a proposed program obtains accreditation. Nursing students will benefit because the proposed amendments, repeal, and new rule ensure that the nursing programs they attend will adequately prepare them to pass the licensing examination and practice as nurses. The Board believes the proposed amendments, repeal, and new rule will ensure that, after completing their education, nurses will practice in a way that protects the health, safety, and welfare of the patients who ultimately will receive care from these students.   

Economic Impact   

Some of the proposed amendments will impose costs on applicants for accreditation and nursing programs. The proposed amendments to N.J.A.C. 13:37-1.2 require that applicants for accreditation submit additional documents to the Board. The cost of creating and submitting these documents will be borne by applicants. The Board believes that these costs will be negligible.   

Proposed amendments to N.J.A.C. 13:37-1.7 remove New Jersey licensure requirements for faculty members who are not physically located in New Jersey while teaching. This will have a positive economic impact on such faculty members as they will not be required to pay for a New Jersey license in order to teach a nursing course online. Proposed amendments to N.J.A.C. 13:37-1.16 delete two items from the list of major curriculum changes for which a nursing program must notify the Board. Deleting these items means that nursing programs will not incur the cost of notifying the Board when they make such changes.

   
The proposed amendments, repeal, and new rule will have a positive economic impact on students in nursing programs who pay tuition to attend programs with the expectation that the program will prepare them for successful entry into the nursing profession. The proposed amendments, repeal, and new rule will help to ensure that these students receive the education for which they are paying.   

Federal Standards Statement  

 
A Federal standards analysis is not required because there are no Federal laws or standards applicable to the proposed amendments, repeal, and new rule.   

Jobs Impact   

The Board does not believe that the proposed amendments, repeal, and new rule will result in an increase or decrease in the number of jobs in New Jersey.   

Agriculture Industry Impact   

The Board does not believe that the proposed amendments, repeal, and new rule will have any impact on the agriculture industry of this State.   

Regulatory Flexibility Analysis   

Since nursing programs are individually accredited by the Board under the Regulatory Flexibility Act (the Act), N.J.S.A. 52:14B-16 et seq., they may be considered "small businesses" for the purposes of the Act.   

The costs imposed on small businesses are the same as for all businesses, as detailed in the Economic Impact above. The Board does not believe that nursing programs will need to employ any professional services to comply with the requirements of the proposed amendments, repeal, and new rule. The proposed amendments, repeal, and new rule impose no recordkeeping requirements but impose compliance and reporting requirements as detailed in the Summary above.  
The Board believes that the proposed amendments, repeal, and new rule further the welfare and safety of the public in its dealings with nurses by ensuring that these nurses have proper instruction. Therefore, the proposed amendments, repeal, and new rule must be applied uniformly to all nursing programs regardless of their size.   

Housing Affordability Impact Analysis   

The proposed amendments, repeal, and new rule will have an insignificant impact on the affordability of housing in New Jersey and there is an extreme unlikelihood that the proposed amendments, repeal, and new rule would evoke a change in the average costs associated with housing because the proposed amendments, repeal, and new rule concern accreditation requirements for nursing programs.   

Smart Growth Development Impact Analysis   

The proposed amendments, repeal, and new rule will have an insignificant impact on smart growth and there is an extreme unlikelihood that the proposed amendments, repeal, and new rule would evoke a change in housing production in Planning Areas 1 or 2, or within designated centers, under the State Development and Redevelopment Plan in New Jersey because the proposed amendments, repeal, and new rule concern accreditation requirements for nursing programs.   

Racial and Ethnic Community Criminal Justice and Public Safety Impact   

The Board has evaluated these proposed amendments, repeal, and new rule and determined that they will not have an impact on pretrial detention, sentencing, probation, or parole policies concerning adults and juveniles in the State. Accordingly, no further analysis is required.   

Full text of the rule proposed for repeal may be found in the New Jersey Administrative Code at N.J.A.C. 13:37-1.17.  
Full text of the proposed amendments and new rule follows (additions indicated in boldface   thus; deletions indicated in brackets [thus]):   

SUBCHAPTER 1.   PROGRAMS IN NURSING EDUCATION   

13:37-1.2   Application for establishment of a new program in nursing   

(a)   For purposes of this section, the term "calendar year" means a year beginning on January 1 and ending on December 31.   

[(a)]  (b) An educational institution seeking to establish a new program in nursing shall submit in writing to the Board an application consisting of the following items:  

1. (No change.)   

2. The [philosophy, organizing framework, objectives]   philosophy/mission,   student learning outcomes, and outcomes of the program in accordance with N.J.A.C. 13:37-1.5;   

3.-5. (No change.)   

[page=13] 6. A letter from the chief executive officer which reflects that he or she has secured initial and continued financial support for the program; [and]   

7.   A certificate of need; and   

[7.]  8. (No change in text.)   

[(b)]   (c) An application to establish a new program in nursing shall be submitted to the Board no later than [eight]   18 months prior to the proposed establishment of a new program. 

  
[(c)]   (d) After reviewing the application, the Board shall either:   

1. (No change.)   

2. Require revisions to the proposed program or to the materials submitted as required by [(a)]   (b) above or the submission of additional information. Revisions to the proposed program or to the application materials does not ensure that provisional accreditation will be granted by the Board; or   

3. (No change.)   

[(d)]   (e) The educational institution may request in writing an appearance before the Board for reconsideration of the revisions or denial based upon [(c)2]   (d)2 or 3 above within 30 days of written notification of the required revisions or denial.   

[(e)]   (f) After receiving permission to pursue the development of a new program, the educational institution shall submit to the Board the following items no later than [four]   12 months prior to the anticipated start date of the program:   

1. The number of students to be admitted to each of the first four graduating classes after establishment of the program[. Licensed practical nurse programs shall not admit], which shall be limited to no more than 40 students per calendar year;   

2.-7. (No change.)   

8. A written statement describing the support staff; [and]   

9.   A written statement recognizing that a program administrator shall have at least three years of nursing education experience or 12 college credits in education as required by N.J.A.C. 13:37-1.6(b);   

10. A preliminary agreement with clinical facilities at which students will obtain clinical education;   

11. A written agreement between the educational institution and a fully accredited nursing education program documenting that, if the educational institution fails to obtain accreditation and loses its provisional accreditation, the accredited nursing program will accept any nursing students that are enrolled in the educational institution at the time it loses provisional accreditation; and   

[9.]  12. A written [Systematic Plan for Program Evaluation of the effectiveness of the curriculum]   plan for   evaluating the governance, faculty, resources, curriculum, and program outcomes of the nursing program. The [Plan]   plan shall identify the communities of interest, which include any person or group who is interested in the quality of graduates from a nursing program, and shall include:   

[i. The components being evaluated;]   

[ii.]   i. (No change in text.)   

[iii. Outcomes that reflect program objectives;]   

Recodify existing iv.-v. as   ii.-iii. (No change in text.)   

[(f)]   (g) After reviewing the materials required by [(e)]   (f) above, the Board shall either:   

1. (No change.)   

2. Require revisions to the program or the program materials required by [(e)]   (f) above or the submission of additional information. Revisions to the program or program materials do not ensure that provisional accreditation will be granted by the Board; or   

3. (No change.) 

  
[(g)]   (h) The educational institution may request, in writing, an appearance before the Board for reconsideration of the revisions or denial based upon [(f)2]   (g)2 or 3 above within 30 days of written notification of the required revisions or denial.   

13:37-1.3   Provisional accreditation   

(a) (No change.)   

(b) A [licensed practical] nurse education program granted provisional accreditation shall not admit more than 40 students per calendar year.   

(c)-(f) (No change.)  

 
13:37-1.5   [Maintaining accreditation: philosophy, organizing framework, objectives]   Faculty responsibility for   philosophy/mission, and   student learning outcomes  
(a) The faculty shall develop, and revise as necessary, a statement of [philosophy, a written description or model of the organizing framework, program objectives]   philosophy/mission, and   student learning outcomes, and program outcomes which are consistent with the definition of nursing as set forth in N.J.S.A. 45:11-23(b).  
[(b) The philosophy of the nursing program shall include the faculty's beliefs about the following:   

1. Nursing;   

2. Humans;   

3. Health; 

  
4. Environment; and   

5. The teaching-learning process.]  

 
[(c)]   (b) The nursing program [objectives] shall [identify those]   incorporate competencies required for the successful entry of the nursing graduate into practice.   

[(d)]   (c) (No change in text.)   

[(e)]   (d) The faculty shall be able to show that the [philosophy, organizing framework, program objectives]   philosophy/mission,   student learning outcomes, and program outcomes have been integrated into the total program of learning.  

 
[(f)]   (e) The [philosophy, organizing framework, program objectives]   philosophy/mission,   student learning outcomes, and program outcomes shall be communicated to students, cooperating affiliates, advisory committees, and communities of interest as outlined in the [Systematic Plan for Program Evaluation]   plan   required pursuant to N.J.A.C. 13:37-1.2(f)11.   

[(g)]   (f) [If the faculty determines that]   Faculty shall have input in determining whether the nursing program needs admission requirements in addition to those required by the institution[, the faculty shall develop]  and shall have input in developing those additional requirements.  

 
[(h) The faculty shall develop any additional policies on grading or educational requirements for graduation which the faculty deems necessary.]   

(g)   Grading or educational requirement policies shall either be congruent with institutional policies and mission or, if not congruent, be justified by the nursing program.  

 
[(i)]  (h) (No change in text.)   

(i)   Nursing programs shall inform students in writing if any grading or educational requirements are changed while students are enrolled in the nursing program.  

 
13:37-1.6   Maintaining accreditation; qualifications of program administrators   

(a) (No change.)   

(b)   A program administrator who began his or her current employment position after (the effective date of this amendment), shall have completed either:   

1. At least three years of full-time experience working in an accredited or approved nursing education program; or   

2. At least 12 credits in education from a college or university accredited by the New Jersey Department of Education or an agency of another state with requirements substantially similar to the requirements of the New Jersey Department of Education.   

Recodify existing (b)-(c) as   (c)-(d) (No change in text.)   

[(d)]   (e) An administrator of a practical nursing program shall, in addition to the requirements of N.J.A.C. 13:37-1.7, hold a [masters]   master's degree in nursing. An administrator for a practical nursing program who began his or her employment prior to [(the effective date of these rules)]   April 21, 2003, shall not be required to hold a [masters]   master's degree in nursing but shall be required to hold a bachelors degree in nursing with additional courses in the field of education.   

[(e)]   (f) (No change in text.)   

13:37-1.7   Maintaining accreditation: faculty qualifications   

(a) (No change.)   

(b) Faculty members shall:   

[page=14] 1. [Have]   Hold current licensure in New Jersey as a registered professional nurse, if they are physically located in New Jersey while teaching;  

 
2.   If they are not physically located in New Jersey while teaching, hold current licensure as a registered professional nurse in New Jersey or another state; and   

[2.]  3. Have documentation that shows that [the nurse has]   they have taken courses in, or [has]   have professional or clinical experience in, the specific area of teaching responsibility[;].   

[3. For faculty in baccalaureate degree programs, associate degree programs and diploma programs who began their current employment position after September 1, 1981, have graduated from a masters degree program with a major in nursing; and   

4. For faculty in licensed practical nursing programs who began their current employment position after September 1, 1981, hold a bachelors degree with a major in nursing.]   

(c)   Faculty in baccalaureate degree programs, associate degree programs, and diploma programs who began their current employment position after September 1, 1981, shall hold either a master's degree or a doctoral degree with a major in nursing.   

(d) One-half of the faculty in licensed practical nursing programs who began their current employment position after (the effective date of this amendment), shall hold master's or doctoral degrees in nursing. The remainder of the faculty who began their current employment position after (the effective date of this amendment), shall hold baccalaureate degrees in nursing. 

  
[(c)]  (e) (No change in text.)   

[(d) Faculty shall develop an individual plan to maintain competency in the theoretical and practice areas directly related to their area of teaching responsibility. These plans shall be approved by the program administrator.]   

[(e)]   (f) (No change in text.)   

13:37-1.8   Maintaining accreditation: curriculum organization and content  

 
(a)-(b) (No change.) 

  
(c) The nursing curriculum shall be based on the [philosophy, organizing framework, program objectives]   philosophy/mission,   student learning outcomes, and program outcomes that the faculty have developed pursuant to N.J.A.C. 13:37-1.5.  

 
(d)-(e) (No change.)   

(f) The nursing curriculum of all professional nursing education programs shall include:  

 
1. (No change.)   

2. Nursing courses [and]   concurrent with clinical experiences in a variety of settings that include:  

 
i.-x. (No change.)   

xi. Socialization to the role of the professional nurse; [and]   

xii. Organ and tissue donation and recovery designed to address clinical aspects of the donation and recovery process[.];   

xiii. Evidence-based practice; and  

 
xiv. Review of National Patient Safety Goals, available from the Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181.   

(g) The curriculum of a practical nursing education program shall:   

1. (No change.)   

2. Contain nursing courses [and]   concurrent with clinical experiences that include:  

 
i. (No change.)   

ii.   Medical-surgical nursing;   

iii. Pediatric nursing; 

  
iv. Obstetric nursing;   

v. Psychiatric and mental health nursing;   

Recodify existing ii.-iv. as   vi.-viii. (No change in text.)   

ix.   Cultural implications of practice;   

[v.]  x. Delegation from a registered professional nurse pursuant to N.J.A.C. 13:37-6.2, and delegation from a licensed physician or licensed dentist;   

[vi. Cultural implications of practice;]   

xi.   Interdisciplinary collaboration at the level of practice of the licensed practical nurse;  

 
[vii.]  xii. (No change in text.)   

[viii. Interdisciplinary collaboration at the level of practice of the licensed practical nurse;]   

xiii.   Socialization to the role of the practical nurse;   

xiv. Review of National Patient Safety Goals, available from the Joint Commission, One Renaissance Blvd., Oakbrook Terrace, IL 60181; and   

3. Be at least [44 weeks]   30 academic credits or 1,500 hours long, excluding holidays and vacations[;].   

[4. Offer theory and clinical experience concurrently throughout the entire program; and   

5. Equally distribute time between theoretical and clinical work.]   

(h) (No change.)   

[(i) From February 7, 2011 until February 7, 2014, every professional nursing education program shall offer a continuing education course open to licensed registered professional nurses that covers the information required by (f)2xii above.]   

13:37-1.10A      Preceptors   

(a) For purposes of this section, "preceptor" means a registered professional nurse employed by a health care entity licensed by the Department of Health who has agreed to supervise a student's clinical learning experience and who has either:   

1. A doctoral, master's, or bachelor's degree in nursing; or   

2. Five years of experience working in a health care entity licensed by the Department of Health. 

  
(b) A preceptor shall not be considered a faculty member and shall not be required to meet the qualifications of N.J.A.C. 13:37-1.7.   

(c) Notwithstanding N.J.A.C. 13:37-1.7(f) and 1.10(b)6, a faculty member shall supervise no more than 20 students who are working with preceptors.   

(d) A preceptor shall only work with one student at a time.   

(e) A program shall permit students to work with a preceptor during:   

1. The last semester of a doctoral, master's, or baccalaureate degree program; or  

 
2. The last semester or clinical course of an associate degree, diploma, or practical nursing program.   

13:37-1.13 Renewing accreditation   

[(a) Certificates of accreditation issued by the Board prior to April 21, 2003 shall expire five years from the date of issue or last renewal. Programs holding such certificates shall renew accreditation pursuant to (b) through (e) below.]   

Recodify existing (b)-(e) as   (a)-(d) (No change in text.)   

13:37-1.14 Waiver of on-site visits for accreditation renewal   

(a) The on-site visit required pursuant to N.J.A.C. 13:37-1.12(b) and 1.13 may be waived if the program requests a waiver of the site visit in writing. The waiver request shall include:  
1. Documentation that the nursing program is accredited by either the [National League for Nursing Accrediting Commission (NLNAC) or]   Accreditation Commission for Education in Nursing (ACEN), the Commission on Collegiate Nursing Education (CCNE), or the Commission for Nursing Education Accreditation (CNEA);   

2. A self-study by the nursing program which evaluates its compliance with the accreditation standards of the Board and either the [NLNAC or]   ACEN, CCNE, or CNEA;

   
3. The site survey report from either the [NLNAC or] ACEN, CCNE, or CNEA that has reviewed and evaluated the program; and   

4. The final report from either the [NLNAC or]   ACEN, CCNE, or CNEA.   

(b) A program that has been granted a waiver of the on-site visit pursuant to (a) above shall notify the Board within 30 days of the change if the [NLNAC or]   ACEN, CCNE, or CNEA accreditation status changes.   

(c) If the Board is notified that a program's [NLNAC or]   ACEN, CCNE, or CNEA accreditation status has changed, the Board shall send a representative to conduct an on-site visit of the program to verify that [page=15] the program conforms to the rules of this subchapter. A program that does not conform to the rules of this subchapter shall be placed on conditional accreditation pursuant to N.J.A.C. 13:37-[1.17]  1.18.  

 
13:37-1.15 Maintaining accreditation: program recordkeeping and reporting requirements   

(a) (No change.)   

(b) Every nursing program shall maintain a record of   all nursing [department] committee minutes for a minimum of three years.   

(c) Every nursing program shall ensure that records are maintained so that [such records]   they provide accurate recording of student academic data. Records shall be stored in a manner to prevent loss by destruction and unauthorized use.   

(d) (No change.)   

(e) An annual report of the school of nursing shall be submitted [each year] to the Board, or its designee, on forms supplied by the Board,   or its designee.   

13:37-1.16 Changes to a nursing program   

(a) A nursing program shall notify the Board   in writing30 days prior to any changes in ownership [or the program's dean, director, chair or program administrator].  

 
(b) (No change.)   

(c) A nursing program that [wishes]   plans to make any major curriculum changes shall submit the requested change to the Board in writing and provide the information required in (e) below   a minimum of 120 days prior to the anticipated date of the change. The Board shall review the request to determine whether the requested change is in compliance with this subchapter. 

  
(d) Major curriculum changes are:   

[1. Changes in the philosophy or organizing framework;   

2. Reorganization of the credit allocation within the program;]   

[3.]   1. An increase or decrease in the number of required credits   in nursing; or   

[4.]   2. (No change in text.)   

(e) A request for a change in the curriculum shall include:   

1.-2. (No change.)   

3. A timetable   and course sequence outline for implementation of the change; and   

4. (No change.)   

(f)-(h) (No change.)   

13:37-1.17        (Reserved)   

13:37-1.18 Conditional accreditation: subchapter requirements   

(a)-(e) (No change.)  

 
[(f) A nursing program on conditional accreditation which believes that it cannot accomplish its outcomes within 18 months may request an extension of the 18-month time period from the Board. A request for an extension shall set forth the reasons why the program needs an extension.]   

[(g)]   (f) (No change in text.)   

[(h)]   (g) The eligibility of students to [sit for]   take the licensing examination shall not be affected in the event a program is placed on conditional accreditation.  
13:37-1.19 Probation   

(a)   For purposes of this section, the term "calendar year" means a year beginning on January 1 and ending on December 31.   

[(a)]  (b) A nursing program on conditional accreditation status that does not achieve the outcomes identified in the action plan required by N.J.A.C. 13:37-[1.17(d) or]1.18(e) in 18 months[, or which has not been granted an extension pursuant to N.J.A.C. 13:37-1.17(e) or 1.18(f),] shall be placed on probation. [A nursing program that has been granted an extension shall be placed on probation if it does not achieve the outcomes identified in the action plan by the end of the extension. A nursing program that is placed on probation may request in writing an appearance before the Board.]   

(c)   If, for three successive calendar years, less than 75 percent of a nursing program's graduates pass the licensing examination the first time the examination is taken, the Board shall place the program on probation. Probation shall become effective upon the program's receipt of the written notification.  

 
(d) A nursing program that is placed on probation may request in writing an appearance before the Board. 

  
[(b)]  (e) (No change in text.) 

  
[(c)]   (f) A program on probation shall not admit new [students] or transfer students. 

  
[(d)]   (g) A nursing program that is placed on probation   pursuant to (b) above,shall revise the action plan with outcomes to be achieved in one calendar year and submit the action plan to the Board. [If a program is placed on probation due to N.J.A.C. 13:37-1.17, the program action plan outcomes shall include that within the next calendar year at least 75 percent of its students who take the licensing examination shall pass the first time.]   

(h)   A nursing program that is placed on probation pursuant to (c) above shall submit to the Board, within 90 days of receiving written notification of being placed on probation, an 18-month action plan with a timeline and measurable outcomes to correct any deficiencies. The outcomes identified in the action plan shall include that within the next calendar year at least 75 percent   of graduates who take the examination for the first time will pass the examination the first time they take it. 

  
[(e)]   (i) A program on probation [which believes]   that determines that it cannot accomplish its outcomes within one calendar year may request an extension of the one-year time period from the Board. A request for an extension shall set forth the reasons why the program needs an extension.  

 
[(f)]   (j) A program that does not achieve the outcomes identified in the action plan within one calendar year, and which has not been granted an extension pursuant to [(e)]   (i) above, shall not be eligible for restoration to accredited status. A program that has been granted an extension and does not achieve the outcomes identified in the action plan by the end of the extension shall not be eligible for restoration to accredited status. A program that is not eligible for restoration of accredited status shall [continue to operate under probationary status until the last student has graduated or has otherwise left the program. Once the last student has graduated or has otherwise left the program, the program shall] no longer be accredited. A program that is no longer accredited may reapply for accreditation pursuant to N.J.A.C. 13:37-1.2.

   
[(g)]   (k) The eligibility of [students]   graduates to [sit for]   take the licensing examination shall not be affected in the event a program is placed on probation.   

13:37-1.20 Program termination   

(a) (No change.)   

(b) The eligibility of [students enrolled in a program]   graduates to [sit for]   take the licensing examination shall not be affected in the event a program terminates.   

(c)-(d) (No change.) 

  
(e)   Programs that voluntarily terminate or that terminate due to loss of accreditation shall provide the Board with lists of:  

 
1. All students enrolled in the program at the time of termination, with anticipated graduation dates;   

2. All students who graduated from the program from its inception; and   

3. All graduates of the program for whom the program submitted letters of completion, with dates of graduation.   

SUBCHAPTER 2.   LICENSURE BY EXAMINATION; REGISTERED PROFESSIONAL AND LICENSED PRACTICAL NURSES   

13:37-2.3   Application requirements; graduates of foreign nursing programs   

(a) (No change.)   

(b) A graduate of a foreign licensed practical nursing program who has not taken courses in medical, surgical, pediatric, obstetric or psychiatric nursing shall complete a course [in a licensed practical nursing program] in the area(s) of deficiency offered by a practical nursing education program approved [by the State Department of Education or] by the Board pursuant to N.J.A.C. 13:37-1.   

(c)   A graduate of a foreign registered professional nursing program who has not taken courses in medical, surgical, pediatric, obstetric, or psychiatric nursing shall complete a course in the area(s) [page=16] of deficiency offered by a registered professional nursing program accredited by the Board pursuant to N.J.A.C. 13:37-1.   

[(c)]   (d) (No change in text.)