CHAPTER 2.35. Nursing Home Administrator Program [1416. - 1416.86.]

Chapter 2.35 added by Stats. 2001, Ch. 687, Sec. 5.

§§ 1416–1416.86 · 44 sections

1. ARTICLE 1. General Provisions §§ 1416–1416.6 · 5 sections

   • § 1416 This chapter shall be known and may be cited as the Nursing Home Administrators’ Act.
   • § 1416.1 There is hereby established in the State Department of Health Services a Nursing Home Administrator Program (NHAP), which shall license and regulate nursing…
   • § 1416.2 (a) The following definitions shall apply to this chapter: (1) “Department” means the State Department of Health Services. (2) “NHAP” or “program” means the…
   • § 1416.4 The program shall adopt rules and regulations that are reasonably necessary to carry out this chapter. The rules and regulations shall be adopted, amended, and…
   • § 1416.6 (a) It shall be a misdemeanor for any person to act or serve in the capacity of a nursing home administrator, unless he or she is the holder of an active…
2. ARTICLE 2. Administration §§ 1416.10–1416.12 · 2 sections

   • § 1416.10 In conformity with the requirements of Section 1908(c) of the Social Security Act (42 U.S.C. Sec. 1396g(c)), the program shall have all of the following powers…
   • § 1416.12 The following enforcement actions taken by the department against a facility and the name of the licensed administrator of the facility shall be reported to…
3. ARTICLE 3. Licensing §§ 1416.20–1416.50 · 18 sections

   • § 1416.20 (a) The nursing home administrator licensing examination shall cover the broad aspects of nursing home administration. (b) Unless otherwise provided in this…
   • § 1416.22 (a) To qualify for the licensing examination, an applicant must be at least 18 years of age, be a citizen of the United States or a legal resident, be of…
   • § 1416.23 (a) Upon request of an applicant who is a member of a church or religious denomination, recognized by the Internal Revenue Service under Section 501(c)(3) of…
   • § 1416.24 (a) An application for a nursing home administrator license shall be submitted to the program on a form provided by the program, with the appropriate…
   • § 1416.26 (a) As part of the application process for a nursing home administrator license, an applicant shall electronically submit fingerprint images and related…
   • § 1416.28 (a) Notwithstanding any other law, the program shall at the time of application, issuance, or renewal of a nursing home administrator license require that the…
   • § 1416.30 (a) The program shall require compliance with any judgment or order for support prior to issuance or renewal of a license. (b) Each applicant for the issuance…
   • § 1416.32 (a) Prior to admission to the licensing examination, the applicant shall read and sign an examination security agreement and comply with its terms. (b) The…
   • § 1416.34 (a) (1) In order to have a passing score on either the national or state examination, an examinee shall earn a score of at least 75 percent. (2) An applicant…
   • § 1416.36 (a) The fees prescribed by this chapter are as follows: (1) The application fee for reviewing an applicant’s eligibility to take the examination shall be…
   • § 1416.38 Within 10 days after the beginning of every month, all fees collected by the program for the month preceding, under this chapter, shall be paid into the State…
   • § 1416.40 (a) For purposes of this chapter, “reciprocity applicant” means any applicant who holds a current license as a nursing home administrator in another state has…
   • § 1416.42 (a) Except for provisional licenses issued pursuant to Section 1416.40, each license issued pursuant to this chapter shall expire 24 months from the date of…
   • § 1416.44 (a) Notwithstanding any other provision of law, a licensee who permitted his or her license to expire while serving in any branch of the armed services of the…
   • § 1416.45 A licensee may not engage in licensed activity while his or her license is suspended or revoked, or after it has expired.
   • § 1416.46 (a) A revoked license may not be renewed. (b) A licensee whose license has been revoked may petition the program for reinstatement after a period of not less…
   • § 1416.48 A licensee who does not intend to engage in activity requiring nursing home administrator licensure may file a request to place his or her license in inactive…
   • § 1416.50 (a) For purposes of this chapter, “continuing education” means any course of study offered by an educational institution, association, professional society, or…
4. ARTICLE 4. Training §§ 1416.55–1416.57 · 2 sections

   • § 1416.55 (a) An Administrator-in-Training Program (AIT Program) shall be developed by the NHAP, in consultation with representatives from the long-term care industry…
   • § 1416.57 (a) An individual may, upon compliance with the requirements of this section, be approved by the program to be a preceptor who is authorized to provide a…
5. ARTICLE 5. Enforcement §§ 1416.60–1416.86 · 17 sections

   • § 1416.60 Each licensee shall, within 30 days, after each appointment as the designated administrator of a nursing home and after any termination of that appointment,…
   • § 1416.62 The program shall maintain a current list of nursing home administrators who have been placed on probation or had their licenses suspended or revoked within…
   • § 1416.64 (a) The program shall maintain a record of enforcement actions reported to the program, pursuant to Section 1416.12. The program shall routinely review the…
   • § 1416.66 (a) The program shall develop and make available a form that may be utilized at the nursing home administrator’s option to provide the program with relevant…
   • § 1416.68 (a) It is the responsibility of the nursing home administrator as the managing officer of the facility to plan, organize, direct, and control the day-to-day…
   • § 1416.69 (a) Within 24 hours after the nursing home administrator acquires actual knowledge or credible information that any of the events specified in subdivision (b)…
   • § 1416.70 (a) The program shall establish a system for the issuance of citations to licensees, examinees, or participants of any program activity offered or approved by…
   • § 1416.72 (a) The program may issue a citation to any person who holds a license from the program and who violates any statute or regulation governing licensed nursing…
   • § 1416.74 (a) The time allowed for abatement of violation shall begin the first day after the order of abatement has been served or received. If a licensee who has been…
   • § 1416.75 The program may deny, or may suspend or revoke, a license upon any of the following grounds: (a) Gross negligence. (b) Incompetence. (c) The conviction of any…
   • § 1416.76 (a) The program may deny a nursing home administrator applicant or licensee, a license, based on one of the following grounds: (1) Conviction of a crime. A…
   • § 1416.77 The program may deny, or may suspend or revoke, a nursing home administrator license or participation in specific training program areas under this chapter…
   • § 1416.78 (a) The program may place a nursing home administrator license on probation in lieu of formal action to suspend or revoke the license if the department…
   • § 1416.80 Upon the determination to deny application for licensure for grounds specified in Section 1416.77, the program shall immediately notify the applicant in…
   • § 1416.82 (a) Proceedings to suspend or revoke licensure for grounds specified in Section 1416.77 shall be conducted in accordance with Section 100171. In the event of…
   • § 1416.84 Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of this chapter, the superior…
   • § 1416.86 If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions…