1998 Legislation
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SENATE BILL NO. 1395 – Nursing home administrators license

SENATE BILL NO. 1395

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S1395.................................................by HEALTH AND WELFARE
NURSING HOME ADMINISTRATORS - Amends and repeals existing law relating to
nursing home administrators to delete obsolete language and references
relating to registration and provisional licensure, to provide for an
administrator-in-training program for applicants for licensure, with
certain exceptions, and to provide a sunset date for certain requirements
for licensure.

02/05    Senate intro - 1st rdg - to printing
02/06    Rpt prt - to Health/Wel

Bill Text


S1395


                                                                        
 ||||              LEGISLATURE OF THE STATE OF IDAHO             ||||
Fifty-fourth Legislature                 Second Regular Session - 1998
                                                                        

                                      IN THE SENATE

                                   SENATE BILL NO. 1395

                             BY HEALTH AND WELFARE COMMITTEE

 1                                        AN ACT
 2    RELATING TO THE IDAHO BOARD OF NURSING HOME ADMINISTRATORS;  AMENDING  SECTION
 3        54-1601, IDAHO CODE, TO DELETE OBSOLETE REFERENCES, TO ALPHABETIZE DEFINI-
 4        TIONS  AND TO MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1602, IDAHO
 5        CODE, TO DELETE OBSOLETE REFERENCES; AMENDING SECTION 54-1604, IDAHO CODE,
 6        TO DELETE OBSOLETE REFERENCES, TO PROVIDE FOR RENEWAL OF LICENSES  AND  TO
 7        INCREASE  THE MAXIMUM FEE FOR LICENSES AND RENEWAL OF LICENSES TO ONE HUN-
 8        DRED DOLLARS; AMENDING SECTION 54-1605, IDAHO  CODE,  TO  DELETE  OBSOLETE
 9        LANGUAGE  RELATING  TO  EDUCATIONAL REQUIREMENTS FOR LICENSURE, TO REQUIRE
10        THAT  APPLICANTS COMPLETE AN ADMINISTRATOR-IN-TRAINING PROGRAM, TO PROVIDE
11        FOR ACCEPTANCE OF MANAGEMENT EXPERIENCE IN A HEALTH CARE FACILITY IN  LIEU
12        OF  EDUCATIONAL  REQUIREMENTS AND TO PROVIDE A SUNSET DATE FOR APPLICATION
13        OF THE SECTION; AMENDING SECTION 54-1607, IDAHO CODE, TO ELIMINATE  PROVI-
14        SIONAL  LICENSURE, TO PROVIDE FOR TEMPORARY LICENSES AND TO MAKE TECHNICAL
15        CORRECTIONS; AMENDING SECTION 54-1608, IDAHO CODE, TO DELETE OBSOLETE REF-
16        ERENCES, TO PROVIDE FOR RENEWAL OF LICENSES, TO PROVIDE  FOR  CANCELLATION
17        OF LICENSES NOT TIMELY RENEWED, TO ELIMINATE THE REQUIREMENT THAT A REGIS-
18        TER  OF  APPLICATIONS  FOR LICENSING BE MAINTAINED AND TO MAKE A TECHNICAL
19        CORRECTION; AMENDING SECTION 54-1610, IDAHO CODE, TO CORRECT A CODE REFER-
20        ENCE, TO PROVIDE THE REQUIREMENTS FOR COMPLETION OF  AN  ADMINISTRATOR-IN-
21        TRAINING PROGRAM FOR EVERY APPLICANT FOR LICENSURE, TO PROVIDE EXCEPTIONS,
22        TO DELETE OBSOLETE REFERENCES AND TO MAKE A TECHNICAL CORRECTION; AMENDING
23        SECTION  54-1611, IDAHO CODE, TO DELETE OBSOLETE REFERENCES; AMENDING SEC-
24        TION 54-1612, IDAHO CODE, TO DELETE OBSOLETE REFERENCES; AMENDING  SECTION
25        54-1613,  IDAHO CODE, TO DELETE OBSOLETE REFERENCES; AND REPEALING SECTION
26        54-1615, IDAHO CODE.

27    Be It Enacted by the Legislature of the State of Idaho:

28        SECTION 1.  That Section 54-1601, Idaho Code, be, and the same  is  hereby
29    amended to read as follows:

30        54-1601.  DEFINITIONS.  (1)  As used in this act, unless other-
31    wise  stated, the following terms shall have the respective meanings hereinaf-
32    ter set forth or indicated:
33        ( 2  1 )  "Board" means the board  of  examiners  of
34    nursing home administrators of the state of Idaho.
35        (  3  2 )  "Examiner" means a member of the board of
36    examiners of nursing home administrators of the state of Idaho.
37        ( 4  3 )  "Executive secretary" means the  secretary
38    of  the  board  of  examiners  of  nursing home administrators of the state of
39    Idaho.
40         (4)  "Health care facility" means any institution or facility  which
41    supplies  all  of  the  functional needs of an individual in need of residence
42    care and defined as such for licensing purposes under state law or pursuant to
43    the rules for nursing homes, hospitals, residential care homes,  whether  pro-


                                          2

 1    prietary  or  nonprofit, and shall include, but not be limited to, health care
 2    facilities owned or administered by the state  government  or  any  agency  or
 3    political subdivisions thereof. 
 4        (5)  "Nursing  home  administrator"  means  any individual responsible for
 5    planning, organizing, directing, and controlling the operation  of  a  nursing
 6    home,  or  who  in fact performs such functions, whether or not such functions
 7    are shared by one  (1)  or more other persons.
 8        (6)   "Provisional license" means a temporary  license  issued  to  a
 9    provisional nursing home administrator under and pursuant to the provisions of
10    this act.
11        (7)  "Provisional  nursing home administrator" means an individual who has
12    been licensed as such under and pursuant to the provisions of this act.
13        (8)   "Nursing home administrator-in-training" means  an  individual
14    registered as such under and pursuant to the provisions of this act.
15        (  9  7 )  "Practice of nursing home administration"
16    means that planning, organizing, directing, and control of the operation of  a
17    nursing home.
18         (10)  "Health care facility" means any institution or facility which
19    supplies  all  of  the  functional needs of an individual in need of residence
20    care and defined as such for licensing purposes under state law or pursuant to
21    the rules for nursing homes, hospitals, residential care homes,  whether  pro-
22    prietary  or  nonprofit, and shall include, but not be limited to, health care
23    facilities owned or administered by the state  government  or  any  agency  or
24    political subdivisions thereof. 

25        SECTION  2.  That  Section 54-1602, Idaho Code, be, and the same is hereby
26    amended to read as follows:

27        54-1602.  SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED  --  PRACTICE  BY
28    UNLICENSED  PERSON  PROHIBITED  .      -- PROVISIONAL LICENSE.
29     Effective July 1, 1970, no nursing home in the state shall be  operated
30    unless  it  is under the supervision of an administrator who holds a currently
31    valid nursing home administrator's license  and registration,  or  provi-
32    sional  license,   issued pursuant to this act. No person shall practice
33    or offer to practice nursing home administration in  this  state  or  use  any
34    title, sign, card, or device to indicate that he is a nursing home administra-
35    tor unless such person shall have been duly licensed and registered as a nurs-
36    ing  home administrator  or licensed as a provisional nursing home admin-
37    istrator  as required by this act.

38        SECTION 3.  That Section 54-1604, Idaho Code, be, and the same  is  hereby
39    amended to read as follows:

40        54-1604.  FUNCTIONS  AND  DUTIES OF BOARD -- FEE FOR LICENSE APPLICANTS --
41    RULES AND REGULATIONS. (1) It shall be the functions and duties of such  board
42    to:
43        (a)  Develop, impose, and enforce standards consistent with this act which
44        shall  be met by individuals in order to receive and retain a license as a
45        nursing home administrator which standard shall be designed to insure that
46        nursing home administrators will be individuals who are of good  character
47        and  are  otherwise  suitable,  and  who, by training or experience in the
48        field of institutional administration, are qualified to serve  as  nursing
49        home administrators;
50        (b)  Develop  and apply appropriate techniques, including examinations and
51        investigations, for determining whether an  individual  meets  such  stan-


                                          3

 1        dards;
 2        (c)  Issue  licenses   and registrations  to individuals deter-
 3        mined, after application of such techniques, to meet such  standards,  and
 4        revoke  or  suspend  licenses    and  registrations  previously
 5        issued by the board in any case where  the  individual  holding  any  such
 6        license    or registration  is determined substantially to have
 7        failed to conform to the requirements of such standards;
 8        (d)  Establish and carry out procedures designated to insure that individ-
 9        uals licensed as nursing home administrators will, during any period  that
10        they serve as such, comply with the requirements of such standards;
11        (e)  Receive, investigate, and take appropriate action with respect to any
12        charge  or  complaint  filed  with  the board charging that any individual
13        licensed as a nursing home administrator has failed  to  comply  with  the
14        requirements of such standards;
15        (f)  Conduct  a  continuing  study  and investigation of administrators of
16        nursing homes within the state with a view to the improvement of the stan-
17        dards imposed for the licensing of such administrators and  of  procedures
18        and methods for the enforcement of such standards with respect to adminis-
19        trators of nursing homes who have been licensed as such;
20        (g)  The  fee to be paid by applicants for licenses,  recertification
21        of registration   renewal of  licenses    and  applicants
22        seeking a reciprocal endorsement of a license issued by the proper author-
23        ities  in  another  state,  shall be set by board rule in an amount not to
24        exceed  eighty-five   one hundred   dollars  ($
25        85.  1 00).
26        (2)  The  board  or any committee or member thereof or any hearing officer
27    designated by such board, acting in an official capacity,  shall  have  powers
28    and duties as provided by law.
29        Such  board shall not be bound by the strict rules of evidence in the con-
30    duct of its proceedings but any determinations made shall be founded upon suf-
31    ficient legal evidence to sustain them.
32        (3)  The board shall also have the authority to make rules  not  inconsis-
33    tent  with  law  as may be necessary for the proper performance of its duties,
34    and to take such other actions as may be necessary to enable the state to meet
35    the requirements set forth in section 1908 of the "Social Security  Act,"  the
36    federal  rules  promulgated  thereunder,  and other pertinent federal require-
37    ments.

38        SECTION 4.  That Section 54-1605, Idaho Code, be, and the same  is  hereby
39    amended to read as follows:

40        54-1605.  QUALIFICATIONS  FOR EXAMINATION FOR LICENSE. (1) The board shall
41    admit to examination for licensure as a nursing home administrator any  candi-
42    date  who pays a fee as determined by the board,  and  submits evi-
43    dence of good moral character and suitability prescribed by the  board,  
44    and  is at least twenty-one (21) years old except : 
45          (a)  That  on and after July 1, 1970, no applicant for license as a
46        nursing home administrator shall be admitted to such licensing examination
47        nor shall such applicant be entitled to or be granted a license as a nurs-
48        ing home administrator unless such applicant  shall  submit  written  evi-
49        dence,  on  forms provided for such purpose by the board, that he has suc-
50        cessfully completed a course of study and has been graduated from  a  high
51        school approved and recognized by the educational authorities of the state
52        in  which  such  school is located, or a political division thereof or has
53        submitted a certificate indicating that he has  obtained  high  school  or


                                          4

 1        secondary  school  equivalency, such certificate being duly certified by a
 2        state educational authority or a political division  thereof,  and  except
 3        that  he shall have complied with the provisions of subsection (2) of this
 4        section.
 5        (b)  That on or after January 1, 1975, no applicant for license as a nurs-
 6        ing home administrator shall be admitted to  such  licensing  examination,
 7        nor shall such applicant be entitled to or be granted a license as a nurs-
 8        ing  home  administrator,  unless such applicant shall submit written evi-
 9        dence, on forms provided for such purpose by the board, that he  has  suc-
10        cessfully completed two (2) years of college level study after high school
11        study  in  an accredited institution of higher learning and except that he
12        shall have complied with the provisions of subsection (2) of this section.
13        (c)  That on or after January 1, 1980,   that  no  appli-
14        cant for license as a nursing home administrator shall be admitted to such
15        licensing  examination  nor  shall  such  applicant  be  entitled to or be
16        granted a license as a nursing home administrator  unless  such  applicant
17        shall  submit  written evidence, on forms provided for such purpose by the
18        board, that he has successfully completed a course of study for  a  bacca-
19        laureate degree and has been awarded such degree from an accredited insti-
20        tution  of higher learning or its equivalent as provided in subsection (3)
21        of this section .  , and except that he  shall  have  com-
22        plied with the provisions of subsection (2) of this section. 
23        (2)   On and after July 1, 1970, each applicant who has not completed
24    a  regular  course  of study or program in an accredited institution of higher
25    learning, which course of study or program shall have  been  approved  by  the
26    board  as being adequate academic preparation for nursing home administration,
27    shall in addition to meeting the requirements of  subsection  (1)(a)  of  this
28    section  submit  evidence  satisfactory  to the board that he has successfully
29    completed specialized courses or a program of study in  the  area  of  nursing
30    home  administration as required and approved by the rules of the board 
31     Additionally, the applicant shall have  completed  an  administrator-in-
32    training program as described in section 54-1610, Idaho Code .
33        (3)  A candidate who applies for examination under and pursuant to subsec-
34    tion  (1)  (b)  or (c)  of this section, in lieu of the educational
35    requirements provided for therein, may submit  evidence  satisfactory  to  the
36    board that such applicant has obtained two (2) years of satisfactory practical
37    experience  in  nursing home administration or in a related health admin-
38    istration area   management in a health care  facility    for
39    each  year of required posthigh school education.  Upon implementation of
40    the omnibus budget reconciliation act (OBRA), 42  USC  section  1396,  but  no
41    later  than  January  1, 2000, subsection (3) shall be null and void and of no
42    further force and effect. 

43        SECTION 5.  That Section 54-1607, Idaho Code, be, and the same  is  hereby
44    amended to read as follows:

45        54-1607.  ISSUANCE  OF  LICENSE  --  EXEMPTION  -- EDUCATIONAL PROGRAMS --
46    ADMINISTRATION OF FEDERAL FUNDS BY BOARD. (1) An applicant for a license as  a
47    nursing home administrator who has successfully complied with the requirements
48    of  section  54-1605  , Idaho Code,  and the standards provided for
49    therein, has passed the examination provided for  in  section  54-1606  ,
50    Idaho  Code,   and, where applicable, has complied with the requirements
51    of section 54-1610,  Idaho Code,  shall be issued a license,  on  a
52    form  provided  for  that purpose by the board, certifying that such applicant
53    has met the requirements of the laws and rules entitling him  to  serve,  act,


                                          5

 1    practice,  and  otherwise  hold  himself  out  as a duly licensed nursing home
 2    administrator; provided, however, nothing in this act or the rules    and
 3    regulations  thereunder shall be construed to require an applicant for a
 4    license  as  a nursing home administrator ,   or a provisional
 5    license,  who is certified by a recognized church or religious denomina-
 6    tion which teaches reliance on spiritual means alone  for  healing  as  having
 7    been approved to administer institutions certified by such church or denomina-
 8    tion  for the care and treatment of the sick in accordance with its teachings,
 9    to demonstrate proficiency in any medical techniques or to  meet  any  medical
10    educational  qualifications  or medical standards not in accord with the reme-
11    dial care and treatment provided in such institutions.
12        (2)  (a)  The board shall issue a provisional license to any individ-
13        ual applying therefor who has served as a nursing home  administrator  for
14        all  of  the  calendar  year immediately preceding July 1, 1970, meets the
15        standards of the board and of this article  relating  to  good  character,
16        suitability,  age,  and  citizenship,  and  has paid the fee as set by the
17        board. No license shall be issued under this section  prior  to  April  1,
18        1970.
19        (b)  Such  provisional  license shall terminate two (2) years from date of
20        issuance or at midnight, June 30, 1972, whichever is earlier, but shall be
21        subject to the payment of the annual fee, and shall be canceled and be  of
22        no  legal force or effect thereafter; except that if, prior to the expira-
23        tion of such provisional license, such provisional nursing  home  adminis-
24        trator  shall  have passed a qualifying examination and otherwise complied
25        with the provisions of section 54-1605, as required by the board, a  nurs-
26        ing home administrator license shall be issued to him.
27        (c)  A  provisional license may not be issued to any person after June 30,
28        1972.
29        (3)   Any license issued by the board under or pursuant to the  pro-
30    visions  of  this section shall be under the hand and seal of the chairman and
31    executive secretary of the board.
32        ( 4  3 )  If the board finds that programs of train-
33    ing and instruction conducted within the state are not sufficient in number or
34    content to enable applicants for nursing  home  administrators'  licenses  and
35    nursing  home administrators to meet requirements established pursuant to this
36    act, it shall institute and conduct or arrange with others to conduct one  (1)
37    or  more  such  programs,  and shall make provision for their accessibility to
38    appropriate residents of this state. The board may approve programs  conducted
39    within  and  without  this  state as sufficient to meet education and training
40    requirements established pursuant to this act. For purposes  of  this  subsec-
41    tion, the board shall have the authority to receive and disburse federal funds
42    received pursuant to requirements of the "social security act."
43          (4)  Pending issuance of a license, the board may issue a temporary
44    license for a period not exceeding one (1) year, without  examination,  to  an
45    applicant who files a written application, who is otherwise qualified, and who
46    is applying to fill a vacancy on an emergency basis. 

47        SECTION  6.  That  Section 54-1608, Idaho Code, be, and the same is hereby
48    amended to read as follows:

49        54-1608.   CERTIFICATE OF REGISTRATION --  ATTENDANCE  AT  CON-
50    TINUING  EDUCATION  PROGRAM  --  REVOCATION OR SUSPENSION -- RENEWAL OF LAPSED
51     REGISTRATIONS -- REGISTER OF APPLICATIONS   LICENSES  .
52    (1) Every individual who holds a valid license as a nursing home administrator
53    issued by the board under section 54-1607 (1), Idaho Code, shall  immedi-


                                          6

 1    ately  upon issuance thereof be deemed registered with the board and be issued
 2    a certificate of registration. Thereafter, such individual shall   annu-
 3    ally  be  required to apply to the board for a  recertification of regis-
 4    tration   renewal of license  and report any facts  requested
 5    by  the  board  on forms provided for such purpose.  A license not timely
 6    renewed will be cancelled immediately. 
 7        (2)  Upon making an application for a  recertification  of  registra-
 8    tion      renewal  of  license , such individual shall pay an
 9    annual  registration   license  fee,  and  at  the  same
10    time  shall  submit evidence satisfactory to the board that during the twelve-
11     (12)  month period  immediately  preceding  such  application  for
12      recertification  of registration   renewal of license 
13    he has successfully attended a continuing education program or course of study
14    as may be provided in the rules of the board.
15        (3)  Upon receipt of such application for  recertification of  regis-
16    tration    renewal of license , the  registration 
17     license  fee, and the evidence required with respect to continuing
18    education, the board shall  issue  a    recertification  of  registration
19      renewal of license  to such nursing home administrator.
20        (4)  The    license  of  a    licensed  nursing home
21    administrator who fails to comply with the provisions of this section, and who
22    continues to act as a nursing home administrator, shall be  suspended  or
23    revoked    subject to discipline  by the board, in accordance
24    with the provisions of this act.
25        (5)  A nursing home administrator who has been  duly  licensed    and
26    registered   in this state and whose license shall not have been revoked
27    or suspended, and whose  registration     license    has
28    expired  for  a period of not longer than five (5) years, may  reregister
29      renew his license  within the state upon complying with the
30    provisions of this section for  recertification  of  registration  
31     renewal of license  and also filing with the board an affidavit in
32    accordance  with  the  rules of the board, and payment of a twenty-five dollar
33    ($25.00) reinstatement fee together with fees for back years.
34        (6)  A nursing home administrator whose license has been expired for  five
35    (5)  or more years, must reapply for licensure under the provisions of section
36    54-1605, Idaho Code.
37         (7)  The board shall maintain a register  of  all  applications  for
38    licensing  and  registration  of  nursing  home administrators, which register
39    shall show: The place of residence, name and address of  each  applicant,  the
40    name  and  address  of  employer or business connection of each applicant, the
41    date of application, complete  information  of  educational  and  experiential
42    qualifications,  the  action  taken  by  the  board,  the serial number of the
43    license and of registration certificates issued to the applicant, the date  on
44    which the board reviewed and acted upon the application, and such other perti-
45    nent information as the board may deem necessary. 

46        SECTION  7.  That  Section 54-1610, Idaho Code, be, and the same is hereby
47    amended to read as follows:

48        54-1610.  ADMINISTRATORS-IN-TRAINING -- TEMPORARY PERMITS  --  EXAMINATION
49    AFTER ONE YEAR -- QUARTERLY REPORTS -- EXCEPTIONS .   -- EMER-
50    GENCY PERMITS.  (1)  After July 1, 1972, e  E very
51    applicant  for  a  nursing home administrator license who shall have otherwise
52    qualified  under    the    provisions  of  section  54-160   6
53      5  ,  Idaho Code,  shall be granted a temporary permit


                                          7

 1    upon application to the board and  shall serve for a one (1) year period
 2    under the  direct  supervision of a duly licensed  and  regis-
 3    tered    nursing  home administrator in accordance with the rules of the
 4    board. At the expiration of the  one-year-in-training  period  said  applicant
 5    shall be eligible to take the examination.
 6        (2)  The  nursing  home  administrator-in-training  shall submit quarterly
 7    reports on forms provided therefor by the board.
 8        (3)  This section shall not apply to any individual who  has  successfully
 9    completed  a  course  of  study  for  a master ' s degree in health
10    administration  or in a  related   health  care  field  
11      to  long-term care, or who has successfully completed a course of study
12    for a master's degree in health administration and has one (1) year of manage-
13    ment experience in long-term care  and who has been awarded such  degree
14    from an accredited institution of higher learning.
15        (4)  Every  nursing home administrator-in-training shall register the fact
16    of such training with the board in accordance with the rules and on forms pro-
17    vided therefor by the board.
18         (5)  Pending issuance of a license, the board may issue a  temporary
19    permit  for  a  period  not  exceeding one (1) year, without examination to an
20    applicant who files a written application for a temporary permit  and  who  is
21    otherwise  qualified  but  does not meet the experience requirements or who is
22    applying to fill a vacancy on an emergency basis. 

23        SECTION 8.  That Section 54-1611, Idaho Code, be, and the same  is  hereby
24    amended to read as follows:

25        54-1611.  MISDEMEANORS  LISTED -- PENALTIES. (1) It shall be a misdemeanor
26    for any person to:
27        (a)  Sell or fraudulently obtain or furnish any license  or  aid  or  abet
28        therein; or
29        (b)  Practice  as  a nursing home administrator under cover of any license
30         or registration  illegally or fraudulently obtained or  unlaw-
31        fully issued; or
32        (c)  Practice  as  a  nursing home administrator or use in connection with
33        his or her name any designation tending to imply that he or she is a nurs-
34        ing home administrator unless duly licensed  and registered  to
35        so practice under the provisions of this act; or
36        (d)  Practice as a nursing home administrator during the time his  or  her
37        license  or registration issued under the provisions of this article shall
38        be suspended or revoked; or
39        (e)  Otherwise violate any of the provisions of this act.
40        (2)  Such misdemeanor shall be punishable by a fine of not more than  five
41    hundred dollars ($500) or by imprisonment in the county jail for not more than
42    ninety (90) days, or by both such fine and imprisonment.

43        SECTION  9.  That  Section 54-1612, Idaho Code, be, and the same is hereby
44    amended to read as follows:

45        54-1612.  REVOCATION OR SUSPENSION OF LICENSE ,   OR  REG-
46    ISTRATION,    REPRIMAND,  CENSURE,  OR OTHER DISCIPLINE. (1) The license
47     or registration  of any person practicing or offering to  practice
48    nursing  home  administration,    or the license of a provisional nursing
49    home administrator,  may be revoked or suspended, or such  licensee  may
50    be reprimanded, censured, or otherwise disciplined in accordance with the pro-
51    visions of this section upon decision and after due hearing in any of the fol-


                                          8

 1    lowing cases:
 2        (a)  Upon  proof that such licensee is reasonably unfit to operate a nurs-
 3        ing home.
 4        (b)  Upon proof that such licensee has wilfully or repeatedly violated any
 5        of the provisions of this act or the rules enacted in accordance with,  or
 6        wilfully  or repeatedly acted in a manner inconsistent with the health and
 7        safety of the patients of the home in which he is the administrator.
 8        (c)  Upon proof that such licensee is guilty of fraud  or  deceit  in  the
 9        practice  of  nursing home administration or related activities, or in his
10        or her admission to such practice.
11        (2)  The board, or a hearing officer designated by it shall have jurisdic-
12    tion to hear all charges brought under the provisions of this section  against
13    persons  licensed   and registered  as nursing home administrators,
14     or licensed as provisional nursing home administrators,  and  upon
15    such  hearings  shall  determine  such charges upon their merits. If the board
16    determines that such person is guilty of the charges, the board may revoke his
17    or her license ,   and registration,  suspend him or her
18    from practice, or reprimand, censure, or otherwise discipline such licensee.
19        (3)  Proceedings under this section shall be initiated by filing with  the
20    board, charges in writing and under oath. The board on its own motion may con-
21    duct  an  investigation  and initiate charges. The procedures for notification
22    and the hearing on such charges, unless dismissed by the board as unfounded or
23    trivial, shall be conducted pursuant to the provisions of  chapter  52,  title
24    67, Idaho Code.

25        SECTION  10.  That Section 54-1613, Idaho Code, be, and the same is hereby
26    amended to read as follows:

27        54-1613.  REISSUANCE OF REVOKED LICENSE .    OR  REGISTRA-
28    TION.   (1) The board may, in its discretion, reissue a license  or
29    registration  to any person whose license  or  registration  
30    has been revoked.
31        (2)  Application  for  the  reissuance  of a license  or registration
32     shall be made in such manner as the board may direct in accordance with
33    its rules.

34        SECTION 11.  That Section 54-1615, Idaho Code, be, and the same is  hereby
35    repealed.

Statement of Purpose / Fiscal Impact


    





                            STATEMENT OF PURPOSE
                                 RS 07341C2
    
    Amend existing statute to delete references to provisional 
    license; delete references to registration and 
    recertification and replace with renewal license, and 
    increasing cap for license fee and renewal fee to $100.00; 
    delete obsolete requirements for licensure, add applicant 
    must complete an administrator in training program, add 
    practical experience must be in management in a health care 
    facility, add expiration date for this section of the law; 
    delete reference to provisional license, and add temporary 
    permit may be issued pending issuance of a license; delete 
    reference to registration and recertification and replace 
    with renewal of license, add if license is not timely renewed 
    it will be canceled immediately, delete that failure to 
    comply with the provisions of this section license shall be 
    suspended or revoked and add shall be subject to discipline; 
    delete emergency permits, add that a nursing home 
    administrator shall serve one year under the direct 
    supervision of a licensed nursing home administrator, delete 
    acceptance of a degree in a related health care field and add 
    related to long term care, or successful completion of a 
    course of study for a masters degree in health administration 
    and has one year management experience in long term care and 
    delete temporary permit may be issued pending issuance of a 
    license; delete reference to registration and licensed 
    provisional nursing home administrator; delete reference to 
    registration; and delete section 54 - 1615.
    
    
                                 FISCAL NOTE
    
    There is no fiscal impact to the General Fund. The board 
    intends to make a rule establishing a renewal fee for 
    $85.00  not the requested cap of $100.00. The current fee 
    is set at $65.00. The impact would be $20.00 X 146 active 
    licensees. The impact would be $2,920.
    
    
    CONTACT: Carmen Westberg
             Bureau of Occupational Licenses; Idaho Board of 
             Nursing
             Home Administrators
             334 -3233
             
    
    STATEMENT OF PURPOSE/FISCAL NOTE
    
    Bill No S1395