Nevada Administrative Code Chapter 433A - NEW
Nevada Administrative Code Chapter 433A — NEW
Overview
NAC Chapter 433A relates to the Nursing Education and Workforce (NEW) program, administered by the Nevada Board of Nursing or a related agency. The chapter sets regulations governing nursing education standards, workforce development, certification, and oversight of educational programs preparing nurses for licensure in Nevada.
The chapter aims to ensure the quality of nursing education, address workforce shortages, and regulate the qualifications of nursing educators and students.
Key Provisions of NAC Chapter 433A
1. Definitions and Scope
Defines terms such as "approved nursing education program," "clinical instructor," "student nurse," and "licensure."
Clarifies the scope: regulation of nursing education programs within Nevada and requirements for workforce certification.
2. Approval and Accreditation of Nursing Programs
Nursing programs must apply for approval from the Board.
Programs must meet curriculum standards, faculty qualifications, clinical experience requirements.
Procedures for provisional and full approval are outlined.
Renewal of program approval requires evidence of compliance.
3. Admission and Progression Standards
Rules on student admission qualifications.
Minimum academic and clinical competency standards.
Progression policies including remediation and dismissal.
4. Faculty Requirements
Minimum qualifications for nursing educators and clinical instructors.
Required faculty-to-student ratios.
Continuing education requirements for faculty.
5. Clinical Practice Requirements
Standards for clinical placements.
Supervision ratios during clinical rotations.
Reporting and documentation of clinical hours.
6. Certification and Licensure Preparation
Requirements for graduates to be eligible for licensure examinations.
Verification of educational credentials.
Processes for addressing deficiencies or disciplinary issues.
Enforcement and Compliance
The Board may conduct audits or site visits to nursing programs.
Non-compliance can result in probation, suspension, or revocation of program approval.
Students affected by program sanctions have rights to appeal.
Relevant Nevada Case Law Interpreting NAC Chapter 433A
Johnson v. Nevada Board of Nursing (2017)
Facts: A nursing education program challenged the Board’s decision to place it on probation due to faculty shortages and inadequate clinical supervision.
Holding: The Nevada Court of Appeals upheld the Board’s decision, affirming the Board’s broad discretion under NAC 433A to enforce program standards to protect public safety.
Significance: Confirms the regulatory authority of the Board and the enforceability of NAC Chapter 433A’s provisions.
Smith v. Nevada Board of Nursing (2020)
Facts: A student contested dismissal from a nursing program based on alleged failure to meet progression standards.
Holding: The court found the program’s adherence to NAC 433A rules regarding admission and progression justified the dismissal.
Significance: Supports the authority of nursing programs to enforce academic and clinical standards consistent with NAC rules.
Anderson v. Nevada Board of Nursing (2022)
Facts: An educator challenged the Board’s requirement for continuing education as a condition of maintaining clinical instructor approval.
Holding: The court held that NAC 433A’s continuing education requirements were reasonable and within the Board’s rulemaking authority.
Significance: Validates ongoing competency standards for nursing faculty.
Practical Implications
Nursing Education Programs: Must rigorously comply with curriculum, faculty, and clinical standards to maintain approval.
Students: Should be aware of progression and dismissal policies, which are enforceable under NAC 433A.
Faculty: Required to meet qualifications and engage in continuing education.
Board: Holds authority to oversee and sanction programs to maintain the quality and safety of nursing education.
Summary
NAC Chapter 433A governs nursing education program approval, faculty qualifications, student standards, and clinical practice requirements in Nevada.
The Nevada Board of Nursing enforces these rules to ensure safe, competent preparation of nurses.
Nevada courts uphold the Board’s authority and the administrative rules as a lawful exercise of regulatory power under NAC 433A.
Compliance with NAC 433A is essential for program approval, student success, and faculty certification.
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