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S1066.................................................by HEALTH AND WELFARE
NURSING HOME ADMINISTRATORS - Amends and repeals existing law relating to
the Idaho Board of Nursing Home Administrators to remove references to
provisional licenses and registration; and to clarify a requirement that
applicants complete an administrator-in-training program.
01/29 Senate intro - 1st rdg - to printing
02/01 Rpt prt - to Health/Wel
02/24 Rpt out - rec d/p - to 2nd rdg
02/25 2nd rdg - to 3rd rdg
03/02 3rd rdg - PASSED - 34-0-1
AYES--Andreason, Boatright, Branch, Bunderson, Burtenshaw, Cameron,
Crow, Danielson, Darrington, Davis, Deide, Dunklin, Frasure, Geddes,
Hawkins, Ingram, Ipsen, Keough, King, Lee, McLaughlin, Noh,
Richardson, Riggs, Risch, Sandy, Schroeder, Sorensen, Stegner,
Stennett, Thorne, Twiggs, Wheeler, Whitworth
NAYS--None
Absent and excused--Parry
Floor Sponsor - Stegner
Title apvd - to House
03/03 House intro - 1st rdg - to Health/Wel
03/11 Rpt out - rec d/p - to 2nd rdg
03/12 2nd rdg - to 3rd rdg
03/16 3rd rdg - PASSED - 62-0-8
AYES -- Alltus, Barraclough, Barrett, Bell, Bieter, Boe, Bruneel,
Campbell, Chase, Clark, Crow, Cuddy, Deal, Denney, Ellsworth,
Field(13), Field(20), Geddes, Gould, Hadley, Hansen(23), Hansen(29),
Hornbeck, Jaquet, Jones, Judd, Kellogg, Kempton, Kendell, Kunz, Lake,
Limbaugh, Linford, Loertscher, Marley, McKague, Meyer(Duncan),
Montgomery, Mortensen, Moyle, Pischner, Pomeroy, Reynolds, Ridinger,
Ringo, Robison, Sali, Schaefer, Sellman, Smith, Smylie, Stevenson,
Stoicheff, Stone, Taylor, Tilman, Tippets, Trail, Watson, Williams,
Wood, Zimmermann
NAYS -- None
Absent and excused -- Black, Callister, Gagner, Hammond, Henbest,
Mader, Wheeler, Mr Speaker
Floor Sponsor - Loertscher
Title apvd - to Senate
03/17 To enrol - rpt enrol - Pres signed
03/18 Sp signed
03/19 To Governor
03/23 Governor signed
Session Law Chapter 161
Effective: 07/01/99
S1066|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-fifth Legislature First Regular Session - 1999IN THE SENATE SENATE BILL NO. 1066 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 STRIKE REFERENCES TO PROVISIONAL LICENSE AND TO 4 MAKE A TECHNICAL CORRECTION; AMENDING SECTION 54-1602, IDAHO CODE, TO 5 STRIKE REFERENCE TO PROVISIONAL LICENSE AND TO MAKE A TECHNICAL CORREC- 6 TION; AMENDING SECTION 54-1604, IDAHO CODE, TO STRIKE REFERENCE TO REGIS- 7 TRATION AND TO PROVIDE FOR RENEWAL OF LICENSES; AMENDING SECTION 54-1605, 8 IDAHO CODE, TO STRIKE OBSOLETE REQUIREMENTS AND TO REQUIRE COMPLETION OF 9 ADMINISTRATOR-IN-TRAINING PROGRAM; AMENDING SECTION 54-1607, IDAHO CODE, 10 TO STRIKE REFERENCE TO PROVISIONAL LICENSE, TO AUTHORIZE A TEMPORARY 11 LICENSE AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1608, IDAHO 12 CODE, TO GOVERN RENEWAL OF LICENSE AND TO MAKE A TECHNICAL CORRECTION; 13 AMENDING SECTION 54-1610, IDAHO CODE, TO GOVERN APPLICATION OF THE 14 ADMINISTRATOR-IN-TRAINING PROVISIONS AND TO MAKE TECHNICAL CORRECTIONS; 15 AMENDING SECTION 54-1611, IDAHO CODE, TO STRIKE REFERENCE TO REGISTRATION; 16 AMENDING SECTION 54-1612, IDAHO CODE, TO STRIKE REFERENCE TO REGISTRATION 17 AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 54-1613, IDAHO CODE, 18 TO STRIKE REFERENCE TO REGISTRATION; AND REPEALING SECTION 54-1615, IDAHO 19 CODE. 20 Be It Enacted by the Legislature of the State of Idaho: 21 SECTION 1. That Section 54-1601, Idaho Code, be, and the same is hereby 22 amended to read as follows: 23 54-1601. DEFINITIONS. (1) As used in this act, unless otherwise stated, 24 the following terms shall have the respective meanings hereinafter set forth 25 or indicated: 26 (2) "Board" means the board of examiners of nursing home administrators 27 of the state of Idaho. 28 (3) "Examiner" means a member of the board of examiners of nursing home 29 administrators of the state of Idaho. 30 (4) "Executive secretary" means the secretary of the board of examiners 31 of nursing home administrators of the state of Idaho. 32 (5) "Nursing home administrator" means any individual responsible for 33 planning, organizing, directing, and controlling the operation of a nursing 34 home, or who in fact performs such functions, whether or not such functions 35 are shared by one (1) or more other persons. 36 (6)"Provisional license" means a temporary license issued to a37provisional nursing home administrator under and pursuant to the provisions of38this act.39(7) "Provisional nursing home administrator" means an individual who has40been licensed as such under and pursuant to the provisions of this act.41(8)"Nursing home administrator-in-training" means an individual 42 registered as such under and pursuant to the provisions of this act. 43 (97 ) "Practice of nursing home administration" 2 1 means that planning, organizing, directing, and control of the operation of a 2 nursing home. 3 (108 ) "Health care facility" means any institu- 4 tion or facility which supplies all of the functional needs of an individual 5 in need of residence care and defined as such for licensing purposes under 6 state law or pursuant to the rules for nursing homes, hospitals, residential 7 care homes, whether proprietary or nonprofit, and shall include, but not be 8 limited to, health care facilities owned or administered by the state govern- 9 ment or any agency or political subdivisions thereof. 10 SECTION 2. That Section 54-1602, Idaho Code, be, and the same is hereby 11 amended to read as follows: 12 54-1602. SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED -- PRACTICE BY 13 UNLICENSED PERSON PROHIBITED .-- PROVISIONAL LICENSE.14Effective July 1, 1970, nN o nursing home in 15 the state shall be operated unless it is under the supervision of an adminis- 16 trator who holds a currently valid nursing home administrator's license17and registration, or provisional license,issued pursuant to this act. 18 No person shall practice or offer to practice nursing home administration in 19 this state or use any title, sign, card, or device to indicate that he is a 20 nursing home administrator unless such person shall have been duly licensed 21and registeredas a nursing home administratoror licensed22as a provisional nursing home administratoras required by this act. 23 SECTION 3. That Section 54-1604, Idaho Code, be, and the same is hereby 24 amended to read as follows: 25 54-1604. FUNCTIONS AND DUTIES OF BOARD -- FEE FOR LICENSE APPLICANTS -- 26 RULES .AND REGULATIONS.(1) It shall be the func- 27 tions and duties of such board to: 28 (a) Develop, impose, and enforce standards consistent with this act which 29 shall be met by individuals in order to receive and retain a license as a 30 nursing home administrator which standard shall be designed to insure that 31 nursing home administrators will be individuals who are of good character 32 and are otherwise suitable, and who, by training or experience in the 33 field of institutional administration, are qualified to serve as nursing 34 home administrators; 35 (b) Develop and apply appropriate techniques, including examinations and 36 investigations, for determining whether an individual meets such stan- 37 dards; 38 (c) Issue licensesand registrationsto individuals deter- 39 mined, after application of such techniques, to meet such standards, and 40 revoke or suspend licensesand registrationspreviously 41 issued by the board in any case where the individual holding any such 42 licenseor registrationis determined substantially to have 43 failed to conform to the requirements of such standards; 44 (d) Establish and carry out procedures designated to insure that individ- 45 uals licensed as nursing home administrators will, during any period that 46 they serve as such, comply with the requirements of such standards; 47 (e) Receive, investigate, and take appropriate action with respect to any 48 charge or complaint filed with the board charging that any individual 49 licensed as a nursing home administrator has failed to comply with the 50 requirements of such standards; 51 (f) Conduct a continuing study and investigation of administrators of 3 1 nursing homes within the state with a view to the improvement of the stan- 2 dards imposed for the licensing of such administrators and of procedures 3 and methods for the enforcement of such standards with respect to adminis- 4 trators of nursing homes who have been licensed as such; 5 (g) The fee to be paid by applicants for licenses,recertification6of registrationrenewal of licenses and applicants 7 seeking a reciprocal endorsement of a license issued by the proper author- 8 ities in another state, shall be set by board rule in an amount not to 9 exceed eighty-five dollars ($85.00). 10 (2) The board or any committee or member thereof or any hearing officer 11 designated by such board, acting in an official capacity, shall have powers 12 and duties as provided by law. 13 Such board shall not be bound by the strict rules of evidence in the con- 14 duct of its proceedings but any determinations made shall be founded upon 15 sufficient legal evidence to sustain them. 16 (3) The board shall also have the authority to make rules not inconsis- 17 tent with law as may be necessary for the proper performance of its duties, 18 and to take such other actions as may be necessary to enable the state to meet 19 the requirements set forth in section 1908 of the "Social Security Act," the 20 federal rules promulgated thereunder, and other pertinent federal require- 21 ments. 22 SECTION 4. That Section 54-1605, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-1605. QUALIFICATIONS FOR EXAMINATION FOR LICENSE. (1) The board shall 25 admit to examination for licensure as a nursing home administrator any candi- 26 date who pays a fee as determined by the board,andsubmits evi- 27 dence of good moral character and suitability prescribed by the board, 28 and is at least twenty-one (21) years old except:29(a) That on and after July 1, 1970, no applicant for license as a nursing30home administrator shall be admitted to such licensing examination nor31shall such applicant be entitled to or be granted a license as a nursing32home administrator unless such applicant shall submit written evidence, on33forms provided for such purpose by the board, that he has successfully34completed a course of study and has been graduated from a high school35approved and recognized by the educational authorities of the state in36which such school is located, or a political division thereof or has sub-37mitted a certificate indicating that he has obtained high school or sec-38ondary school equivalency, such certificate being duly certified by a39state educational authority or a political division thereof, and except40that he shall have complied with the provisions of subsection (2) of this41section.42(b) That on or after January 1, 1975, no applicant for license as a nurs-43ing home administrator shall be admitted to such licensing examination,44nor shall such applicant be entitled to or be granted a license as a nurs-45ing home administrator, unless such applicant shall submit written evi-46dence, on forms provided for such purpose by the board, that he has suc-47cessfully completed two (2) years of college level study after high school48study in an accredited institution of higher learning and except that he49shall have complied with the provisions of subsection (2) of this section.50(c) That on or after January 1, 1980,that no appli- 51 cant for license as a nursing home administrator shall be admitted to such 52 licensing examination nor shall such applicant be entitled to or be 53 granted a license as a nursing home administrator unless such applicant 4 1 shall submit written evidence, on forms provided for such purpose by the 2 board, that he has successfully completed a course of study for a bacca- 3 laureate degree and has been awarded such degree from an accredited insti- 4 tution of higher learning or its equivalent as provided in subsection (3) 5 of this section, and except that he shall have complied with the6provisions of subsection (2) of this section.7(2) On and after July 1, 1970, each applicant who has not completed a8regular course of study or program in an accredited institution of higher9learning, which course of study or program shall have been approved by the10board as being adequate academic preparation for nursing home administration,11shall in addition to meeting the requirements of subsection (1)(a) of this12section submit evidence satisfactory to the board that he has successfully13completed specialized courses or a program of study in the area of nursing14home administration as required and approved by the rules of the board. 15 (2) Additionally, the applicant shall have completed an 16 administrator-in-training program as described in section 54-1610, Idaho Code. 17 18 (3) A candidate who applies for examination under and pursuant to subsec- 19 tion (1)(b) or (c)of this section, in lieu of the educational 20 requirements provided for therein, may submit evidence satisfactory to the 21 board that such applicant has obtained two (2) years of satisfactory practical 22 experience innursing home administration or in a related health admin-23istration areamanagement in a health care facility for 24 each year of required posthigh school education. 25 SECTION 5. That Section 54-1607, Idaho Code, be, and the same is hereby 26 amended to read as follows: 27 54-1607. ISSUANCE OF LICENSE -- EXEMPTION -- EDUCATIONAL PROGRAMS -- 28 ADMINISTRATION OF FEDERAL FUNDS BY BOARD. (1) An applicant for a license as a 29 nursing home administrator who has successfully complied with the requirements 30 of section 54-1605 , Idaho Code, and the standards provided for 31 therein, has passed the examination provided for in section 54-1606 , 32 Idaho Code, and, where applicable, has complied with the requirements 33 of section 54-1610, Idaho Code, shall be issued a license, on a 34 form provided for that purpose by the board, certifying that such applicant 35 has met the requirements of the laws and rules entitling him to serve, act, 36 practice, and otherwise hold himself out as a duly licensed nursing home 37 administrator; provided, however, nothing in this act or the rulesand38regulationsthereunder shall be construed to require an applicant for a 39 license as a nursing home administrator ,or a provisional40license,who is certified by a recognized church or religious denomina- 41 tion which teaches reliance on spiritual means alone for healing as having 42 been approved to administer institutions certified by such church or denomina- 43 tion for the care and treatment of the sick in accordance with its teachings, 44 to demonstrate proficiency in any medical techniques or to meet any medical 45 educational qualifications or medical standards not in accord with the reme- 46 dial care and treatment provided in such institutions. 47 (2)(a) The board shall issue a provisional license to any individ-48ual applying therefor who has served as a nursing home administrator for all49of the calendar year immediately preceding July 1, 1970, meets the standards50of the board and of this article relating to good character, suitability, age,51and citizenship, and has paid the fee as set by the board. No license shall be52issued under this section prior to April 1, 1970.53(b) Such provisional license shall terminate two (2) years from date of5 1issuance or at midnight, June 30, 1972, whichever is earlier, but shall be2subject to the payment of the annual fee, and shall be canceled and be of no3legal force or effect thereafter; except that if, prior to the expiration of4such provisional license, such provisional nursing home administrator shall5have passed a qualifying examination and otherwise complied with the provi-6sions of section 54-1605, as required by the board, a nursing home administra-7tor license shall be issued to him.8(c) A provisional license may not be issued to any person after June 30,91972.10(3)Any license issued by the board under or pursuant to the 11 provisions of this section shall be under the hand and seal of the chairman 12 and executive secretary of the board. 13 (43 ) If the board finds that programs of train- 14 ing and instruction conducted within the state are not sufficient in number 15 or content to enable applicants for nursing home administrators' licenses and 16 nursing home administrators to meet requirements established pursuant to this 17 act, it shall institute and conduct or arrange with others to conduct one (1) 18 or more such programs, and shall make provision for their accessibility to 19 appropriate residents of this state. The board may approve programs conducted 20 within and without this state as sufficient to meet education and training 21 requirements established pursuant to this act. For purposes of this subsec- 22 tion, the board shall have the authority to receive and disburse federal funds 23 received pursuant to requirements of the "social security act." 24 (4) Pending issuance of a license, the board may issue a temporary 25 license for a period not exceeding one (1) year, without examination to an 26 applicant who files a written application, who is otherwise qualified, and who 27 is applying to fill a vacancy on an emergency basis. 28 SECTION 6. That Section 54-1608, Idaho Code, be, and the same is hereby 29 amended to read as follows: 30 54-1608.CERTIFICATE OF REGISTRATION --ATTENDANCE AT CON- 31 TINUING EDUCATION PROGRAM -- REVOCATION OR SUSPENSION -- RENEWAL OF LAPSED 32REGISTRATIONSLICENSES.-- REGISTER OF APPLI-33CATIONS.(1) Every individual who holds a valid license as a nursing 34 home administrator issued by the board under section 54-1607 (1), Idaho Code, 35 shallimmediately upon issuance thereof be deemed registered with the36board and be issued a certificate of registration. Thereafter, such individual37shallannually be required to apply to the board for arecertifi-38cation of registrationrenewal of license and report any 39 facts requested by the board on forms provided for such purpose. A 40 license not timely renewed shall be canceled immediately. 41 (2) Upon making an application for arecertification of registra-42tionrenewal of license , such individual shall pay an 43 annualregistrationlicense fee, and at the same 44 time shall submit evidence satisfactory to the board that during the 45 twelve-(12) month period immediately preceding such application 46 forrecertification of registrationrenewal of license 47 he has successfully attended a continuing education program or course 48 of study as may be provided in the rules of the board. 49 (3) Upon receipt of such application forrecertification of regis-50trationrenewal of license , theregistration51 license fee, and the evidence required with respect to continuing 52 education, the board shall issue arecertification of registration53renewal of license to such nursing home administrator. 6 1 (4) The license dof anursing home administra- 2 tor who fails to comply with the provisions of this section, and who continues 3 to act as a nursing home administrator, shall besuspended or revoked4subject to discipline by the board, in accordance with the 5 provisions of this act. 6 (5) A nursing home administrator who has been duly licensedand7registeredin this state and whose license shall not have been revoked 8 or suspended, and whoseregistrationlicense has 9 expired for a period of not longer than five (5) years, mayreregister10renew his license within the state upon complying with the 11 provisions of this section forrecertification of registration12 renewal of license and also filing with the board an affidavit in 13 accordance with the rules of the board, and payment of a twenty-five dollar 14 ($25.00) reinstatement fee together with fees for back years. 15 (6) A nursing home administrator whose license has been expired for five 16 (5) or more years, must reapply for licensure under the provisions of section 17 54-1605, Idaho Code. 18(7) The board shall maintain a register of all applications for19licensing and registration of nursing home administrators, which register20shall show: The place of residence, name and address of each applicant, the21name and address of employer or business connection of each applicant, the22date of application, complete information of educational and experiential23qualifications, the action taken by the board, the serial number of the24license and of registration certificates issued to the applicant, the date on25which the board reviewed and acted upon the application, and such other perti-26nent information as the board may deem necessary.27 SECTION 7. That Section 54-1610, Idaho Code, be, and the same is hereby 28 amended to read as follows: 29 54-1610. ADMINISTRATORS-IN-TRAINING -- TEMPORARY PERMITS -- EXAMINATION 30 AFTER ONE YEAR -- QUARTERLY REPORTS -- EXCEPTIONS .-- EMER-31GENCY PERMITS.(1)After July 1, 1972, eE very 32 applicant for a nursing home administrator license who shall have otherwise 33 qualified under the provisions of section 54-1606345 , Idaho Code,shall be granted a temporary permit35upon application to the board andshall serve for a one (1) year period 36 under the direct supervision of a duly licensedand regis-37terednursing home administrator in accordance with the rules of the 38 board. At the expiration of the one-year-in-training period said applicant 39 shall be eligible to take the examination. 40 (2) The nursing home administrator-in-training shall submit quarterly 41 reports on forms provided therefor by the board. 42 (3) This section shall not apply to any individual who has successfully 43 completed a course of study for a master ' s degree in health 44 administrationor in a related health care fieldrelated to 45 long-term care, or who has successfully completed a course of study for a 46 master's degree in health administration and has one (1) year management expe- 47 rience in long-term care and who has been awarded such degree from an 48 accredited institution of higher learning. 49 (4) Every nursing home administrator-in-training shall register the fact 50 of such training with the board in accordance with the rules and on forms pro- 51 vided therefor by the board. 52(5) Pending issuance of a license, the board may issue a temporary53permit for a period not exceeding one (1) year, without examination to an7 1applicant who files a written application for a temporary permit and who is2otherwise qualified but does not meet the experience requirements or who is3applying to fill a vacancy on an emergency basis.4 SECTION 8. That Section 54-1611, Idaho Code, be, and the same is hereby 5 amended to read as follows: 6 54-1611. MISDEMEANORS LISTED -- PENALTIES. (1) It shall be a misdemeanor 7 for any person to: 8 (a) Sell or fraudulently obtain or furnish any license or aid or abet 9 therein; or 10 (b) Practice as a nursing home administrator under cover of any license 11or registrationillegally or fraudulently obtained or unlaw- 12 fully issued; or 13 (c) Practice as a nursing home administrator or use in connection with 14 his or her name any designation tending to imply that he or she is a nurs- 15 ing home administrator unless duly licensedand registeredto 16 so practice under the provisions of this act; or 17 (d) Practice as a nursing home administrator during the time his or her 18 licenseor registrationissued under the provisions of this 19 article shall be suspended or revoked; or 20 (e) Otherwise violate any of the provisions of this act. 21 (2) Such misdemeanor shall be punishable by a fine of not more than five 22 hundred dollars ($500) or by imprisonment in the county jail for not more than 23 ninety (90) days, or by both such fine and imprisonment. 24 SECTION 9. That Section 54-1612, Idaho Code, be, and the same is hereby 25 amended to read as follows: 26 54-1612. REVOCATION OR SUSPENSION OF LICENSE ,OR REG-27ISTRATION,REPRIMAND, CENSURE, OR OTHER DISCIPLINE. (1) The license 28or registrationof any person practicing or offering to practice 29 nursing home administration, or the license of a provisional nursing30home administrator,may be revoked or suspended, or such licensee may 31 be reprimanded, censured, or otherwise disciplined in accordance with the pro- 32 visions of this section upon decision and after due hearing in any of the fol- 33 lowing cases: 34 (a) Upon proof that such licensee is reasonably unfit to operate a nurs- 35 ing home. 36 (b) Upon proof that such licensee haswilfullywill- 37 fully or repeatedly violated any of the provisions of this act or 38 the rules enacted in accordance with, orwilfullywill- 39 fully or repeatedly acted in a manner inconsistent with the health 40 and safety of the patients of the home in which he is the administrator. 41 (c) Upon proof that such licensee is guilty of fraud or deceit in the 42 practice of nursing home administration or related activities, or in his 43 or her admission to such practice. 44 (2) The board, or a hearing officer designated by it shall have jurisdic- 45 tion to hear all charges brought under the provisions of this section against 46 persons licensedand registeredas nursing home 47 administrators, or licensed as provisional nursing home administrators48, and upon such hearings shall determine such charges upon their merits. 49 If the board determines that such person is guilty of the charges, the board 50 may revoke his or her license ,and registration,51 suspend him or her from practice, or reprimand, censure, or otherwise disci- 8 1 pline such licensee. 2 (3) Proceedings under this section shall be initiated by filing with the 3 board, charges in writing and under oath. The board on its own motion may con- 4 duct an investigation and initiate charges. The procedures for notification 5 and the hearing on such charges, unless dismissed by the board as unfounded or 6 trivial, shall be conducted pursuant to the provisions of chapter 52, title 7 67, Idaho Code. 8 SECTION 10. That Section 54-1613, Idaho Code, be, and the same is hereby 9 amended to read as follows: 10 54-1613. REISSUANCE OF REVOKED LICENSE .OR REGISTRA-11TION.(1) The board may, in its discretion, reissue a licenseor12registrationto any person whose licenseor registration13 has been revoked. 14 (2) Application for the reissuance of a licenseor registration15shall be made in such manner as the board may direct in accordance with 16 its rules. 17 SECTION 11. That Section 54-1615, Idaho Code, be, and the same is hereby 18 repealed.
STATEMENT OF PURPOSE
RS08360C1
Idaho Board of Nursing Home Administrators
Amend existing statute to remove references to a provisional
license that became obsolete June 30, 1972; update language to
current usage without changing intent; clarify purpose of a
temporary permit; clarify that applicants must complete an
administrator in training program referenced in another section of
the code; clarify that experience in lieu of education must
consist of management in a health care facility.
FISCAL IMPACT
There is no fiscal impact to the General Fund or dedicated funds.
CONTACT
Name: Carmen Westberg
Agency:Bur. of Occupational License; ID Bd. of Nursing Home
Administrators
Phone: 334-3233
Statement of Purpose/Fiscal Impact S1066