Wyo. Code R. 054-0002-6
General
Chapter 6: Standards for Nursing Education Programs
Effective Date: 06/21/2023 to Current
Rule Type: Current Rules & Regulations
Reference Number: 054.0002.6.06212023
Section 1. Statement of Purpose. These Board Rules are adopted to implement the Board's authority to:
(f) “Debriefing” means an activity following an experiential learning experience. Activity is led by a facilitator, encourages participant’s reflective thinking, and provides feedback regarding the participant’s performance.
(g) “Encumbered License” means a license with current discipline, condition, or restriction.
(h) “Faculty” means an educator employed, paid, or contracted by the program whether full-time, part-time, adjunct, or labeled as a substitute.
(j) “Home State/Jurisdiction” means the state/jurisdiction where the program has legal domicile.
(k) “Host State/Jurisdiction” means the state/jurisdiction outside of the home state/jurisdiction where students participate in didactic coursework and/or clinical experiences.
(l) “Innovative” means a dynamic, systematic process that envisions new approaches to nursing education.
(m) “Methods of Delivery” means the methods used by faculty to facilitate and evaluate learning in compliance with approved statutes and regulations. Methods of delivery include:
(i) “Traditional Education” means student and instructor are physically in the same location at the same time (e.g., face-to-face). This method of delivery may be web enhanced/supported.
(ii) “Distance Education” means student and instructor are not physically in the same location. Instruction uses synchronous or asynchronous technology to support regular and substantive interactions between the instructor and students. Instructional methods may include but are not limited to one-way or two-way transmissions, audio, video, the internet, or computer technologies.
(iii) “Hybrid Education” means instruction that uses both distance and traditional education methods of delivery.
(n) “Multi-State License” means a license to practice nursing issued by a home state licensing board authorizing the licensed nurse to practice in all party states under a privilege to practice.
(o) “NCLEX Pass Rate” means the examination pass rate data of a program’s student candidates who take and pass the NCLEX (at the PN or RN levels).
(p) “Nurse Administrator” means the nurse with responsibility and authority for the administrative and instructional activities of a nursing education unit and nursing programs within the governing organization (e.g., dean, chairperson, director, etc.).
(q) “Parent Institution” means the organization or agency responsible for the administration and operation of the program.
(r) “Plan of Correction” means a written report in which a program details plans for compliance with relevant statutes and regulations.
(s) “Post-Licensure” means an educational program leading to degree completion of an undergraduate, graduate, or terminal degree in nursing once licensure as a registered nurse has been attained.
(t) “Preceptor” also known as partners in education, means a licensed nurse or other health professional who may serve as teacher, mentor, role model, or supervisor in a clinical setting.
(u) “Prelicensure” means initial educational program in nursing leading to entry-level licensure as a RN or LPN.
(v) “Program” means a nursing or nursing related health education program at any level.
(w) “Simulation” means a technique to replace or amplify real clinical experiences with guided experiences that evoke or replicate substantial aspects of the real world in a fully interactive manner.
(x) “Self-Evaluation Plan” means a comprehensive, written plan for initial and ongoing self-evaluation of program requirements and outcomes. This plan is based on the standards and rules identified in this chapter and the program’s identified accrediting body.
Section 3. General Standards for Nursing Education Programs. All nursing education programs operating in Wyoming shall meet these requirements.
(a) Purpose and outcomes are consistent with:
(i) The Wyoming Nurse Practice Act, Board Rules, and other state and federal laws; and
(ii) Accepted standards governing the practice of nursing appropriate for graduates of the type of program offered.
(b) Current accreditation, or approved to pursue accreditation, of: (i) Parent institution by an accrediting body recognized by the United States Department of Education for postsecondary institutions; and (ii) Program by a national nursing accreditation agency recognized by the Board. (c) The parent institution or program shall notify the Board of any changes affecting their respective accreditation status within thirty (30) days. (d) Prior to any clinical learning experiences, the parent institution shall execute a written contract with the cooperating clinical facility establishing and defining: (i) The responsibilities of each party; (ii) The period of the agreement; and (iii) Conditions under which renewal, renegotiation, or termination could take place. (e) The parent institution shall maintain a copy of each executed contract and provide it to the Board upon request.
(a) Curriculum. (i) Overview. The curriculum for all programs shall enable the student to develop the nursing knowledge, skills, and abilities necessary for the level, scope, and standards of competent nursing practice expected at the level of licensure or recognition. The program shall revise its curriculum to maintain a program reflecting advances in health care and its delivery. (ii) Principles. The curriculum, as defined by nursing education, professional, and practice standards, shall include: (A) A sound foundation in biological, physical, social, and behavioral sciences; (B) Integration of legal and ethical issues and professional responsibilities into didactic and clinical experiences;
(C) Learning experiences that promote the development of evidence based clinical judgment, skill in clinical management, and the professional commitment to collaborate in continuously improving the quality and safety of the healthcare system for patients;
(D) Evidence-based learning experiences and methods of instruction, including distance education methods if used, consistent with the written curriculum plan;
(E) Delivery of instruction consistent with the program curriculum plan, which enables students to meet the goals, competencies, and outcomes of the program; and
(F) Instruction on the Wyoming Nurse Practice Act and Administrative Rules which shall include:
(I) The mission and purpose of the Wyoming State Board of Nursing relative to licensure, discipline, practice, and nursing education program approval;
(II) Nurse licensure process in Wyoming including eligibility, temporary permits, renewal, continued competency, and inactive status;
(III) The purpose of the Nurse Licensure Compact (NLC) and requirements for a multi-state license;
(IV) The scope of practice for nurses and Certified Nurse Aides in Wyoming; and
(V) The process and potential reasons for disciplinary action.
(iii) Prelicensure Curriculum. The curriculum of prelicensure programs shall include didactic content and supervised clinical experience in the prevention of illness and the promotion, restoration, and maintenance of health in patients across the lifespan and from diverse cultural, ethnic, social, and economic backgrounds.
(iv) APRN Curriculum. The curriculum of the APRN nursing education program must prepare the graduate to practice in one of the four identified APRN roles, i.e., CRNA, CNM, CNS, or CNP, and at least one of the six population foci, i.e., family/individual across the lifespan, adult-gerontology, neonatal, pediatrics, women’s health/gender-related, or psychiatric/mental health. The APRN curriculum shall include:
(A) Three separate graduate level courses (the APRN core) in:
(I) Advanced physiology and pathophysiology, including general principles that apply across the lifespan;
(II) Advanced health assessment, which includes assessment of all human systems, advanced assessment techniques, concepts, and approaches; and
(III) Advanced pharmacology which includes pharmacodynamics, pharmacokinetics, and pharmacotherapeutics of all broad categories of agents.
(B) Instruction in diagnosis and management of disorders across settings and body systems appropriate to the APRN focus; and
(C) Instruction in the principles for clinical decision-making in the identified role.
(v) APRN programs preparing for two population foci or combined nurse practitioner/clinical nurse specialist shall include content and clinical experience in both functional roles and population foci.
(vi) There shall be provisions for the recognition of prior learning and advanced placement in the curriculum for individuals who hold a graduate degree as an APRN and are seeking preparation in a different role or population focus. Post-masters nursing students shall complete the requirements of the APRN program through a formal graduate level certificate or degree in the desired role and population focus. Certificate students must meet the same APRN outcome competencies required of other students.
(b) Clinical Learning Experiences.
(i) Prelicensure.
(A) The program shall provide clinical hours comparable to those provided by an approved program of equivalent size and program type or, in the case of no equivalent program, clinical hours scaled relative to an approved program.
(B) Faculty supervised clinical practice shall include:
(I) Development of skills in direct patient care;
(II) Making clinical judgments; and
(III) Care and management of both individuals and groups of patients across the lifespan; and (IV) Delegation to, supervision of, and collaboration with, as appropriate to the level of education, and other health care providers.
(C) Measurement of student competency shall focus on student demonstration of care management and decision-making skills when providing patient care in a variety of clinical settings with diverse patients.
(D) All student clinical experiences, including those with preceptors, shall be directed by nursing faculty.
(I) The faculty/student ratio shall not exceed eight (8) students to one (1) faculty member for each clinical learning experiences involving direct patient care.
(II) When preceptors are used in a clinical setting, one (1) preceptor shall supervise a maximum of two (2) students.
(III) Nursing faculty should not be responsible for more than sixteen (16) students involved in preceptor relationships at one time.
(ii) APRN. Each instructional track/major shall have a minimum of five hundred (500) supervised clinical hours or as required for national certification exam. The supervised experience shall relate directly to the role and population focus, including pharmacotherapeutic management of patients.
(c) Administrator Responsibilities. The nurse administrator shall:
(i) Have continuous, active, daily, and direct responsibility and authority at all locations for the nursing program;
(ii) Oversee the daily governing organization, nursing education unit, and nursing program matters such as, but not limited to, personnel matters, student matters, curricular matters, and resource matters; and
(iii) Have adequate time and resources on a daily basis at all locations to administer the nursing program.
(d) Administrator Qualifications. The administrator shall have the education and experience necessary to direct the program in preparing graduates for the safe practice of nursing. All program administrators shall:
(i) Hold an active, unencumbered, single-state Wyoming or multi-state RN or APRN license;
(iv) Provide formal mentoring by established peers for new full-time and part-time faculty; and
(v) Provide formal orientation for new clinical faculty.
(f) Faculty Standards. All faculty shall:
(i) Hold an active, unencumbered, single-state Wyoming or multi-state RN or APRN license;
(ii) Demonstrate pedagogical competence by:
(A) A graduate degree in nursing education; or
(B) A minimum of ten (10) hours of educational preparation obtained within six (6) months of the hire date which shall include:
(I) Methods of instruction including the use of technology;
(II) Teaching in clinical practice settings;
(III) Teaching in simulation settings;
(IV) How to conduct assessments, including test item writing;
and
(V) Management of the educational environment such as legal and ethical issues, diversity, and incivility.
(g) Prelicensure Faculty. Full and part-time prelicensure faculty shall meet the following educational requirements:
(i) Graduate degree in nursing; or
(ii) Obtain a graduate degree in nursing within five (5) years of hire date. The administrator shall:
(A) Notify the Board, in writing, within thirty (30) days of the hire of a non-graduate prepared faculty member; and
(B) Submit a written plan, within six (6) months of the hire date, outlining how this faculty member will obtain a graduate degree within the specified timeframe.
(iii) Adjunct or part-time clinical faculty shall be educationally prepared with a minimum of a baccalaureate degree in nursing.
(iv) A minimum of fifty percent (50%) of the full-time faculty shall hold a graduate degree with a major in nursing.
(h) Post-licensure Faculty. Faculty teaching in a post-licensure program shall be educationally prepared with a graduate degree in nursing.
(j) APRN Faculty. Faculty teaching in an APRN program shall:
(i) Be educationally prepared with a graduate degree in nursing; and
(ii) Demonstrate at least two (2) years of APRN clinical experience.
(k) Interprofessional Faculty. Interprofessional faculty teaching non-clinical nursing courses shall have advanced preparation appropriate for the content being taught.
(l) Preceptors.
(i) Preceptors may be used to enhance faculty-directed clinical learning experiences.
(ii) Programs shall clearly define the role and performance expectations for preceptors with respect to teaching, supervision, and student evaluation.
(iii) Preceptors shall:
(A) Hold a current unencumbered license as an RN or APRN or unencumbered privilege to practice in the jurisdiction where the clinical practicum is conducted; and
(B) Demonstrate competency related to the area of assigned clinical teaching responsibilities.
(m) Students.
(i) The program shall admit students based upon the number of faculty, available educational facilities, resources, and the availability of clinical learning experiences.
(ii) The program shall hold students accountable for professional behavior, including honesty and integrity, while in their program of study.
(iii) All policies relevant to applicants and students shall be readily available in writing.
(n) Program Evaluation.
(i) The program shall implement a self-evaluation plan which is updated at least yearly and shall be submitted to the Board upon request.
(ii) The evaluation report prepared by the program for the national nursing education accreditation body may be substituted in lieu of the required self-evaluation plan.
(A) If the evaluation report to the national nursing education accreditation body is submitted in lieu of the self-evaluation plan, the program must submit an addendum addressing where the standards pursuant to this chapter are found in the report.
(a) A prelicensure nursing education program may use simulation as a substitute for traditional clinical experiences, not to exceed fifty percent (50%) of its clinical hours per course. A program that uses simulation shall adhere to the standards set in this section.
(b) Simulation activities shall be managed by an individual who is academically and experientially qualified. The individual shall demonstrate continued expertise and competence in the use of simulation.
(c) The program shall have appropriate facilities for conducting simulation. This shall include educational and technological resources and equipment to meet the intended objectives of the simulation.
(d) Faculty involved in simulations shall have training in the use of simulation.
(e) The program shall have written policies and procedures on the following:
(i) Method of debriefing each simulated activity; and
(ii) Plan for orienting faculty to simulation.
(f) The program shall develop criteria to evaluate the simulation activities, including student evaluation of simulation experience.
(a) A nursing education program may apply to implement an innovative approach by complying with the provisions of this section.
(b) Nursing education programs approved to implement innovative approaches shall continue to provide quality nursing education that prepares graduates to practice safely, competently, and ethically within the scope of practice as defined in the Nurse Practice Act.
(i) The nursing education program shall hold full Board approval without conditions.
(ii) The nursing education program has no substantiated complaints in the past two (2) years.
(iii) The nursing education program has had no rule violations in the past two (2) years.
(i) A description of the innovative plan, with rationale, resources, and timeline shall be provided to the Board at least twenty (20) days prior to a regularly scheduled Board meeting.
(A) The nursing education program must meet all eligibility requirements set forth in this section.
(B) The innovative approach will not compromise the quality of education or safe practice of students.
(C) The resources are sufficient to support the innovative approach.
(D) The timeline provides for a sufficient period to implement and evaluate the innovative approach.
(A) If the application meets the standards, the Board may:
(I) Approve the application; or (II) Approve the application with modifications as agreed between the Board and the nursing education program.
(B) If the submitted application does not meet the criteria, the Board may deny approval or request additional information.
(i) If the innovative approach has achieved the desired outcomes and the final evaluation has been submitted, the program may request that the innovative approach be continued.
(A) Request for the innovative approach to become an ongoing part of the education program must be submitted twenty (20) days prior to a regularly scheduled Board meeting.
(B) The Board may grant the request to continue approval if the innovative approach has achieved desired outcomes, has not compromised public protection, and is consistent with core nursing education.
(a) Any program with legal domicile within Wyoming shall obtain and maintain Board approval for any prelicensure or post-licensure program as pursuant to Sections 8 through 13 of this chapter.
(a) When acting as the host state (i.e., the parent institution has legal domicile outside of Wyoming), all programs shall document current registration with the Wyoming Department of Education or National Council for State Authorization Reciprocity Agreement (SARA) approval.
(i) Programs seeking to operate a prelicensure program in Wyoming shall meet the same standards required of home state/jurisdiction nursing education programs. Programs shall:
(A) Obtain and maintain Board approval;
(B) Maintain general, programmatic, and reporting standards for prelicensure nursing education programs as defined in Sections 3, 4, and 9; and (C) Instruct students to use the NCLEX program code corresponding to a Wyoming Board-approved program.
(ii) Prelicensure programs seeking permission to either use a Wyoming clinical facility for a portion of a class or to place an individual student for a precepted experience shall submit the following:
(I) Faculty who teach only didactic content or supervise a student/preceptor pair, where direct patient care is not provided, shall be licensed in the home state.
(II) Preceptors and faculty providing patient care in Wyoming shall have an active, unencumbered Wyoming, or multi-state RN or APRN license.
(c) Post-Licensure.
(i) Post-licensure programs are not required to have Board approval but shall:
(A) Notify the Board in writing when a student will be completing a clinical learning experience in Wyoming.
(B) Execute a written contract with the cooperating clinical facility as defined in Section 3, (d), and (e).
(a) Step 1 – Submit new program proposal.
(i) Timeframe. At least nine (9) months prior to admitting students, the parent institution shall submit to the Board a statement of intent to establish a program and a proposal.
(ii) Statement of Intent. The statement of intent shall address:
(A) Rationale for the establishment of the program including documentation of the present and future need for the program in Wyoming;
(B) Employment opportunities for program graduates within the geographic region(s) of the proposed program; and
(C) Potential impact on other established programs in Wyoming which shall include:
(I) An analysis of the current usage of the potential clinical site(s) in the area; and
(II) A projection of how the addition of the program will impact use of clinical site(s) by established programs.
(iii) Proposal. The proposal shall address how the program would comply with the standards of nursing education defined in this chapter. At a minimum, the proposal shall include:
(A) Purpose, mission, and level of the proposed program;
(B) Evidence of parent institution and other pertinent governing bodies approval and support;
(C) Accreditation status of the parent institution;
(D) Selection of a national nursing accreditation agency recognized by the Board;
(E) Organizational structure of the educational institution documenting the relationship of the program within the parent institution;
(F) Evidence of financial resources adequate for the planning, implementation, and continuation of the program including budgeted faculty and support positions;
(G) Documentation of adequate academic facilities, including access to a library;
(H) Description of proposed instructional modalities and resources to support these modalities;
(J) Source and description of adequate clinical resources for the level of the program;
(K) Availability of qualified administrator and faculty;
(L) Evidence of community support demonstrated by letters of support from proposed clinical site(s) and community leaders;
(M) Anticipated student population and enrollment;
(N) Proposed timeline for planning and initiating the program; and
(O) If the parent organization operates program(s) in another jurisdiction(s) the applicant shall submit:
(I) NCLEX or certifying exam results for the past three (3) years for all graduates taking the examination;
(II) The most recent program accreditation report;
(III) Documentation of full approval by a nursing or educational regulatory agency that provides oversight of the program, such as a board of nursing from the home state/jurisdiction; and
(IV) Documentation of any complaints or grievances from students, clinical facilities, or the public within the past three (3) years and evidence of resolution.
(iv) The applicant shall respond to any Board requests for additional information.
(v) New program applications shall not be considered for prelicensure programs operating in Wyoming or any other jurisdiction(s) that cannot demonstrate NCLEX results as outlined in Section 10 of this chapter.
(vi) Board Action. After reviewing the initial proposal, the Board may grant or deny permission to submit an application for developmental approval.
(b) Step 2 – Submit Request for Developmental Approval.
(i) Timeline. At least six (6) months prior to admitting students, the parent institution shall submit a request for developmental approval.
(ii) Request for Developmental Approval. The request for developmental approval shall include verification the following program components and processes have been addressed:
(A) Appoint/hire an administrator pursuant to Section 4 and notify the Board of that appointment;
(B) Provide evidence the nursing program is actively seeking accreditation from a national nursing accreditation agency recognized by the Board;
(C) Develop a written, proposed program plan in accordance with the standards of nursing education and the programmatic standards as defined in Sections 3 and 4. In addition, the proposed program plan shall include:
(I) Program content;
(II) Schedule (course sequence);
(III) Course descriptions;
(IV) Contracts for clinical sites;
(V) Development of a self-evaluation plan as defined in Section 2 (w);
(VI) Course syllabi; and
(VII) Identification of faculty needed, including number and experiential qualifications.
(D) Establish student policies for admission, progression, retention, remediation and graduation; and
(E) Request that the Board conduct a site-visit.
(iii) Site-visit. A representative of the Board shall complete an on-site survey of the proposed program, pursuant to Section 11.
(iv) Committee Review. In determining whether to recommend approval of the application, the Committee shall consider all evidence, including, but not limited to:
(A) The proposed program plan;
(B) The survey report;
(C) Comments from the petitioning institution;
(D) Public comments; and
(E) The status of other nursing programs operated by the parent institution.
(v) The Committee may recommend the Board grant or deny developmental approval. If the Committee recommends denial, the parent institution may request in writing, a hearing within one-hundred eighty (180) days.
(vi) Board Action. After review, the Board may grant or deny developmental approval. Developmental approval shall remain valid until the Board reviews the program following graduation of the first class and submission of the results of NCLEX or applicable certification exam.
(c) Step 3 – Preparation for Admission of Students.
(i) Timeline. At least three (3) months prior to admitting students, the parent institution shall prepare for the admission of students.
(ii) Preparation. The parent institution shall notify the Board when the following conditions have been met:
(A) There are sufficient qualified nurse educators pursuant to Section 4 and the Board has been notified of those appointments;
(B) Readiness for clinical instruction meeting the rules pursuant to Section 4 (b) including;
(I) Signed clinical contracts with adequate clinical placement for the maximum number of students enrolled at one time; and
(II) Clinical facilities and equipment for practice of skills and simulation.
(C) There is evidence of academic and student services that will allow the program to meet planned objectives and the needs of students;
(D) The parent institution has received approval to operate a nursing education program by an accrediting body recognized by the United States Department of Education; and
(E) There is at least one (1) signed agreement for the articulation of undergraduate students to proceed to the next level of nursing education. The program(s) selected for the agreement shall:
(I) Meet the requirements for accreditation approval stipulated in Section 3 (b); and
(II) Allow the student to complete their education while retaining Wyoming residency.
(F) There is evidence of readiness for admission of students.
(iii) Site-visit. The Board may request an on-site survey of the proposed program.
(iv) Board Review. After verifying all components and processes are complete and in place, the Board shall notify the program it may admit students.
(d) Step 4 – Program Reporting Obligations Following Admission of Students. After admission of students, the program shall submit quarterly narrative progress reports to the Board or as requested until graduation of the first cohort.
(e) Step 5 – Submit Request for Initial Full Approval.
(i) Timeline. Within six (6) months after graduation of the first cohort, the program shall submit a request for initial full approval.
(ii) Self-Evaluation Plan. The program shall develop and submit an updated self-evaluation plan.
(iii) Site-visit. A representative of the Board shall conduct an on-site survey of the program.
(iv) Committee Review. The Committee shall consider all evidence, including the self-evaluation plan, the survey report, comments from the petitioning institution, and public comments in considering the request for full approval. The Committee may recommend the Board grant or deny approval. If the Committee recommends denial, the parent institution may request in writing a hearing within one-hundred eighty (180) days.
(v) Board Action. After review of the request for initial full approval, the Board may grant or deny initial full approval.
(a) NCLEX Results. All prelicensure programs operating in Wyoming shall demonstrate that it meets the licensure pass rate of eighty percent (80%) annually (between
January 1 and December 31) OR for the three (3) most recent years in at least one of the following:
(e) Planned Program Changes. The program shall notify the Board of any planned, substantive change in curriculum or program. This notice shall occur in writing, at least two (2) months prior to planned implementation.
(a) Timeline. Programs with full approval status shall be evaluated at least every ten (10) years to ensure continuing compliance with the requirements of this chapter.
(b) Evaluation Process. The evaluation process shall include submission of a self-evaluation plan and may include a site-visit by a representative(s) of the Board and a request for public comment. This evaluation may be made in conjunction with the national nursing accreditation visit. The program shall notify the Board of the dates of an impending accreditation review.
(c) Self-Evaluation Plan. The evaluation report prepared by the program for the national nursing education accreditation body may be substituted in lieu of the required self-evaluation plan.
(i) If the report to the accreditation body is submitted in lieu of the self-evaluation plan, the program must submit an addendum addressing where the requirements of this chapter are found in the report.
(d) Determination of Approval Status.
(i) Committee Review. The committee shall review and analyze various sources of evidence regarding program performance, including, but not limited to:
(A) Periodic Board survey visits and/or reports;
(B) Annual report data;
(C) National nursing accreditation survey report and accreditation-related correspondence; and
(D) The report of ongoing self-evaluation.
(ii) Committee Action. After reviewing the evaluation documentation, the Committee may recommend the Board grant or deny continuing approval.
(iii) Board Action. After review of the Committee recommendation, the Board may grant or deny continued full approval.
(A) If the Board recommends denial, a formal complaint will be initiated pursuant to Section 13.
(a) Pre-Site Visit Process.
(i) Any site visit shall be scheduled at least three (3) months in advance on a mutually acceptable date. The visit may be scheduled in conjunction with the national nursing accreditation body survey visit.
(ii) Thirty (30) days prior to the scheduled site visit, the program shall submit the self-evaluation or plan of correction to the Board.
(iii) The Board representative shall use a site visit template to assess program quality indicators and warning signs.
(iv) The program shall be asked to participate in scheduling site visit activities.
(b) Post Site Visit Report.
(i) Following a site visit, the Board shall provide a report of its findings to the program.
(ii) The program may respond to the report with additional information within ninety (90) days.
(a) Periodic Evaluation. Periodic evaluation and site visit may be initiated at any time. Warning signs that may trigger this review may include, but are not limited to:
(i) Denial, withdrawal, or change of program or institution accreditation status;
(ii) Turnover of program administrators, defined by more than three (3) in a five (5) year period;
(iii) Frequent nursing faculty turnover or cut in the number of nursing faculty;
(iv) Failure to achieve NCLEX pass rate requirement defined in Section 9 (a) or decreasing trend in NCLEX pass rates;
(v) Evidence of non-compliance with remediation plan by programs with deficiencies or violations;
(vi) Significant complaint(s) or grievances from students, faculty, clinical facilities, or the public;
(vii) Knowingly providing false or misleading information to students or the public concerning the nursing program; or
(viii) The Board being in possession of information indicating the program may not be in compliance with the requirements of this chapter.
(a) Complaint Review Process. Any person may submit a complaint to the Board that a nursing education program has failed to meet the requirements of this chapter.
(i) The Board staff may initiate complaints on their own motion.
(ii) Complaints must contain the name, address, and signature of the person making the complaint.
(iii) The Board shall assign each complaint to the Committee for review and to make a recommendation.
(iv) The Board shall notify the nursing education program of the complaint by mail.
(b) Committee Review.
(i) Upon receiving a complaint, the Committee shall review the complaint to determine if it merits investigation.
(ii) The Committee may request additional information from the nursing education program or meet informally with the nursing education program.
(c) Notice of Deficiency.
(i) If the Committee believes the complaint states a valid claim that a nursing education program has failed to meet the requirements of this chapter, the Committee shall send a notice of deficiency to the nursing education program’s administrator identifying and briefly explaining the program’s deficiency.
(ii) The nursing education program shall have thirty (30) days to respond to a notice of deficiency with a written plan to correct the deficiency or explanation why there is no deficiency.
(d) Committee Recommendation and Notice of Intent.
(i) After investigating the allegations in the complaint and receiving any response from the nursing education program, the Committee may recommend the Board:
(A) Deny approval of a nursing education program;
(B) Withdraw approval of a nursing education program; or
(C) Place conditions and restrictions on approval of a nursing education program for failing to meet the requirements of this chapter.
(ii) If the Committee recommends the Board deny approval of a nursing education program, withdraw approval of a nursing education program, or place conditions and restrictions on approval of a nursing education program, the Committee shall notify the applicant of its recommendation.
(iii) The Notice of Intent shall contain:
(A) A brief description of the facts or conduct the Committee alleges warrant its recommendations;
(B) Citations to the applicable sections of this chapter the Committee alleges the nursing education program violated;
(C) Notice that the nursing education program may respond in writing to the allegations within thirty (30) days of the date the Committee mailed the Notice of Intent; and
(D) Notice that an applicant may request a hearing before the Board if the nursing education program responds in writing within thirty (30) days of the date the Committee mailed the Notice of Intent.
(e) Program’s Response to Notice of Intent. The nursing education program shall have thirty (30) days from the date the Committee mailed the Notice of Intent to respond. The applicant may:
(i) Request the Board hold a hearing on the Committee’s recommendation;
(ii) Request the Board table consideration of the application; or (iii) Withdraw their application.
(f) Program’s Failure to Respond to Notice of Intent. If a nursing education program fails to timely respond to the Notice of Intent, the Board may accept the Committee’s recommendation.
(g) Notice of Hearing.
(i) Upon receipt of a written request for a hearing from a nursing education program, the Board shall conduct a hearing. Board staff shall serve a Notice of Hearing on the nursing education program at least thirty (30) days prior to the hearing.
(ii) The Notice of Hearing shall contain:
(A) A brief statement of the matters asserted, including the Committee’s recommendation, the facts upon which the Committee’s recommendation is based, and the sections of this chapter that the Committee alleges the nursing education program failed to meet;
(B) The time, place, and nature of the hearing;
(C) The legal authority and jurisdiction for the hearing; and
(D) The applicable burden and standard of proof.
(h) Contested Case. A hearing officer shall preside over the formal contested case hearing and shall conduct the hearing according to the Wyoming Administrative Procedure Act and Chapter 2 of the Office of Administrative Hearings rules concerning contested proceedings as referenced in Chapter 1, Section 6.
(j) Burden of Proof. The Committee shall bear the burden to prove by clear and convincing evidence the nursing education program failed to meet the requirements of this chapter.
(k) Board Order.
(i) The Board may resolve a complaint by denying approval of a nursing education program, withdrawing approval of a nursing education program, or imposing conditions on a nursing education program’s approval.
(ii) The Board shall issue a written order. The order shall be sent to the nursing education program by regular U.S. mail.
(iii) No Board action shall be effective until the date the written order is approved by the Board and entered into the administrative record.
(l) Dismissal or Default. If a nursing education program fails to appear at a noticed hearing, the Committee may request the Board enter default against the program.
(i) In entering a default, the Board may:
(A) Order the allegations in the Committee’s recommendation to be taken as true for the purposes of the hearing; or
(B) Order the nursing education program may not present evidence on specific issues in the case.
(ii) The nursing education program may request the Board lift its entry of default. The Board may lift its entry of default if the program demonstrates good cause for failing to appear at the noticed hearing.
(m) Lawful Service. There shall be a presumption of lawful service of any communication required by these rules if sent to the last known address of the nursing education program by regular U.S. mail.
(n) Voluntary Surrender. A nursing education program may petition the Board in writing to voluntarily withdraw their program approval in Wyoming. The Board may accept the program’s voluntary surrender at a public meeting.
(o) Petition for Judicial Review. Petitions for judicial review from decisions or orders of the Board are governed by the Wyoming Administrative Procedure Act and the Wyoming Rules of Appellate Procedure.
Section 15. Reinstatement. A program may petition for reinstatement of approval by submitting evidence of compliance with the requirements of this chapter.
Section 16. Closure of Nursing Education Program.
(a) When closing a program, the parent institution shall:
(i) Continue the program until the last class enrolled is graduated; or
(ii) Assist in the transfer of students to other Board-approved programs; and
(iii) Advise the Board of the arrangements for secure storage and access to academic records and transcripts.
(b) The program shall meet the requirements of this chapter until the date of closure.
(c) The date of closure is the date on the degree, diploma, or certificate of the last graduate or the date on which the last student was transferred.
(d) Closing as a Result of Withdrawal of Approval. Within thirty (30) days of a Board order withdrawing approval of a program, the parent institution shall submit a written plan for termination of the program.
Section 17. Approval of Certification Courses.
(a) The Board shall establish standards and approve certification courses for:
(i) CNA II;
(ii) Home Health Aides;
(iii) Medication Aide-Certified (MA-C); and
(iv) LPN Intravenous (IV) Certification.
(b) The Board shall review and approve nurse refresher course