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H0005aa......................................................by MR. SPEAKER
Requested by Bureau of Occupational Licenses
NURSING HOME ADMINISTRATORS - Amends existing law to define "temporary
permit" and "administrator designee"; to provide that nursing homes may
operate under the supervision of a qualified administrator designee for up
to eight continuous weeks; to provide that a consulting agreement entered
into between an administrator designee and an Idaho licensed administrator
shall be submitted to the board; to increase the maximum fee which may be
charged for an application, license, renewal, permit or registration; to
remove the board's authority to issue temporary licenses on an emergency
basis; to increase the maximum fee which may be charged for reinstatement
of a license; and to provide for issuance of temporary permits.
01/08 House intro - 1st rdg - to printing
Rpt prt - to Health/Wel
02/15 Rpt out - to Gen Ord
02/20 Rpt out amen - to engros
02/21 Rpt engros - 1st rdg - to 2nd rdg as amen
02/22 2nd rdg - to 3rd rdg as amen
02/23 3rd rdg as amen - PASSED - 61-0-9
AYES -- Barraclough, Barrett, Bedke, Bell, Bieter, Black, Boe, Bolz,
Bradford, Bruneel, Callister, Campbell, Clark, Collins, Crow, Cuddy,
Deal, Denney, Ellis, Ellsworth, Eskridge, Field(13), Field(20),
Gagner, Hadley, Hammond, Harwood, Henbest, Higgins, Hornbeck, Jaquet,
Kellogg, Kunz, Lake, Langford, Loertscher, Mader, Marley, McKague,
Meyer, Mortensen, Moss, Moyle, Pearce, Pischner, Pomeroy, Raybould,
Roberts, Robison, Sali, Schaefer, Sellman, Shepherd, Stevenson,
Stone, Swan, Tilman, Trail, Wheeler, Wood, Young
NAYS -- None
Absent and excused -- Chase, Gould, Jones, Kendell, Montgomery,
Ridinger, Smith, Smylie, Mr. Speaker
Floor Sponsor -- Raybould
Title apvd - to Senate
02/26 Senate intro - 1st rdg - to Health/Wel
02/28 Rpt out - rec d/p - to 2nd rdg
03/01 2nd rdg - to 3rd rdg as amen
03/16 3rd rdg as amen - PASSED - 34-0-1
AYES -- Andreason, Branch(Bartlett), Boatright, Brandt, Bunderson,
Burtenshaw, Cameron, Danielson, Darrington, Davis, Deide, Dunklin,
Frasure, Geddes, Goedde, Hawkins, Ingram, Ipsen, Keough,
King-Barrutia, Lee, Lodge, Noh, Richardson, Risch, Sandy, Schroeder,
Sims, Sorensen, Stegner, Stennett, Thorne, Wheeler, Whitworth
NAYS -- None
Absent and excused -- Williams
Floor Sponsor -- Darrington
Title apvd - to House
03/19 To enrol
03/20 Rpt enrol - Sp signed
03/21 Pres signed
To Governor
03/22 Governor signed
Session Law Chapter 77
Effective: 07/01/01
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 5 BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO THE BOARD OF NURSING HOME ADMINISTRATORS; AMENDING SECTION 3 54-1601, IDAHO CODE, TO DEFINE "TEMPORARY PERMIT" AND "ADMINISTRATOR DES- 4 IGNEE" AND TO ALPHABETIZE THE TERMS; AMENDING SECTION 54-1602, IDAHO CODE, 5 TO PROVIDE THAT NURSING HOMES MAY OPERATE UNDER THE SUPERVISION OF A QUAL- 6 IFIED ADMINISTRATOR DESIGNEE FOR UP TO FOUR CONTINUOUS WEEKS AND TO PRO- 7 VIDE THAT A CONSULTING AGREEMENT ENTERED INTO BETWEEN THE ADMINISTRATOR 8 DESIGNEE AND AN IDAHO LICENSED ADMINISTRATOR SHALL BE SUBMITTED TO THE 9 BOARD; AMENDING SECTION 54-1604, IDAHO CODE, TO INCREASE THE MAXIMUM FEE 10 THE BOARD MAY CHARGE FOR AN APPLICATION, LICENSE OR RENEWAL OF A LICENSE, 11 PERMIT OR REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 12 54-1607, IDAHO CODE, TO REMOVE THE BOARD'S AUTHORITY TO ISSUE TEMPORARY 13 LICENSES ON AN EMERGENCY BASIS; AMENDING SECTION 54-1608, IDAHO CODE, TO 14 INCREASE THE MAXIMUM FEE THE BOARD MAY CHARGE FOR REINSTATEMENT OF A 15 LICENSE; AMENDING SECTION 54-1609, IDAHO CODE, TO PROVIDE THAT THE BOARD 16 MAY ISSUE A TEMPORARY PERMIT AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND- 17 ING SECTION 54-1610, IDAHO CODE, TO DELETE REFERENCE TO TEMPORARY PERMITS 18 AND TO MAKE A TECHNICAL CORRECTION. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 54-1601, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 54-1601. DEFINITIONS.(1)As used in this act, unless otherwise stated, 23 the following terms shall have the respective meanings hereinafter set forth 24 or indicated: 25 (1) "Administrator designee" means a qualified individual filling a 26 vacant nursing home administrator position pursuant to a signed agreement. 27 (2) "Board" means the board of examiners of nursing home administrators 28 of the state of Idaho. 29 (3) "Examiner" means a member of the board of examiners of nursing home 30 administrators of the state of Idaho. 31 (4) "Executive secretary" means the secretary of the board of examiners 32 of nursing home administrators of the state of Idaho. 33 (5) "Health care facility" means any institution or facility which sup- 34 plies all of the functional needs of an individual in need of residence care, 35 and defined as such for licensing purposes under state law or pursuant to the 36 rules for nursing homes, hospitals, residential or assisted living facilities, 37 whether proprietary or nonprofit, and shall include, but not be limited to, 38 health care facilities owned or administered by the state government or any 39 agency or political subdivisions thereof. 40 (6) "Nursing home administrator" means any individual responsible for 41 planning, organizing, directing, and controlling the operation of a nursing 42 home, or who in fact performs such functions, whether or not such functions 43 are shared by one (1) or more other persons. 2 1 (67) "Nursing home administrator-in-training" means an individual regis- 2 tered as such under and pursuant to the provisions of this act. 3 (78) "Practice of nursing home administration" means that planning, orga- 4 nizing, directing, and control of the operation of a nursing home. 5(8) "Health care facility" means any institution or facility which sup-6plies all of the functional needs of an individual in need of residence care,7and defined as such for licensing purposes under state law or pursuant to the8rules for nursing homes, hospitals, residential or assisted living facilities,9whether proprietary or nonprofit, and shall include, but not be limited to,10health care facilities owned or administered by the state government or any11agency or political subdivisions thereof.12 (9) "Temporary permit" means a privilege granted by the board to an indi- 13 vidual who has submitted an endorsement application evidencing a license in 14 good standing in another state allowing their temporary practice as a nursing 15 home administrator until their application is acted upon by the board. 16 SECTION 2. That Section 54-1602, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-1602. SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED -- EXCEPTION FOR 19 ADMINISTRATOR DESIGNEE -- PRACTICE BY UNLICENSED PERSON PROHIBITED. No nursing 20 home in the state shall be operated unless it is under the supervision of an 21 administrator who holds a currently valid nursing home administrator's license 22 issued pursuant to this act, except that after an administrator's position 23 becomes vacant, a nursing home may operate under a responsible person autho- 24 rized by signed agreement to act as an administrator designee. The administra- 25 tor designee shall be qualified by documented experience to assume delegated 26 duties, and shall not act for more than four (4) continuous weeks unless an 27 exception is granted by the board. An Idaho licensed administrator shall enter 28 into an agreement, which shall be submitted to the board, to consult with the 29 administrator designee. No person shall practice or offer to practice nursing 30 home administration in this state or use any title, sign, card, or device to 31 indicate that he is a nursing home administrator unless such person shall have 32 been duly licensed as a nursing home administrator as required by this act. 33 SECTION 3. That Section 54-1604, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-1604. FUNCTIONS AND DUTIES OF BOARD -- FEE FOR LICENSE APPLICANTS -- 36 RULES. (1) It shall be the functions and duties of such board to: 37 (a) Develop, impose, and enforce standards consistent with this act which 38 shall be met by individuals in order to receive and retain a license as a 39 nursing home administrator which standard shall be designed to insure that 40 nursing home administrators will be individuals who are of good character 41 and are otherwise suitable, and who, by training or experience in the 42 field of institutional administration, are qualified to serve as nursing 43 home administrators; 44 (b) Develop and apply appropriate techniques, including examinations and 45 investigations, for determining whether an individual meets such stan- 46 dards; 47 (c) Issue licenses to individuals determined, after application of such 48 techniques, to meet such standards, and revoke or suspend licenses previ- 49 ously issued by the board in any case where the individual holding any 50 such license is determined substantially to have failed to conform to the 51 requirements of such standards; 3 1 (d) Establish and carry out procedures designated to insure that individ- 2 uals licensed as nursing home administrators will, during any period that 3 they serve as such, comply with the requirements of such standards; 4 (e) Receive, investigate, and take appropriate action with respect to any 5 charge or complaint filed with the board charging that any individual 6 licensed as a nursing home administrator has failed to comply with the 7 requirements of such standards; 8 (f) Conduct a continuing study and investigation of administrators of 9 nursing homes within the state with a view to the improvement of the stan- 10 dards imposed for the licensing of such administrators and of procedures 11 and methods for the enforcement of such standards with respect to adminis- 12 trators of nursing homes who have been licensed as such; 13 (g) The fee to be paidby applicantsfor any application, licenses, 14 renewal,of licenses and applicants seeking a reciprocal endorsement of a15license issued by the proper authorities in another state,permit or reg- 16 istration shall be set by board rule in an amount not to exceedeighty-17fivetwo hundred dollars ($85.200). 18 (2) The board or any committee or member thereof or any hearing officer 19 designated by such board, acting in an official capacity, shall have powers 20 and duties as provided by law. 21 Such board shall not be bound by the strict rules of evidence in the con- 22 duct of its proceedings but any determinations made shall be founded upon suf- 23 ficient legal evidence to sustain them. 24 (3) The board shall also have the authority to make rules not inconsis- 25 tent with law as may be necessary for the proper performance of its duties, 26 and to take such other actions as may be necessary to enable the state to meet 27 the requirements set forth in section 1908 of the "SsocialSsecurityAact," 28 the federal rules promulgated thereunder, and other pertinent federal require- 29 ments. 30 (4) The board shall have the authority to collect from the state associa- 31 tion representing nursing homes in Idaho an amount as is necessary to fully 32 reimburse the board for all expenses relating to prelitigation panels con- 33 ducted pursuant to chapter 23, title 6, Idaho Code. Funds collected by the 34 board pursuant to this subsection shall be deposited into the occupational 35 licenses fund. 36 SECTION 4. That Section 54-1607, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 54-1607. ISSUANCE OF LICENSE -- EXEMPTION -- EDUCATIONAL PROGRAMS -- 39 ADMINISTRATION OF FEDERAL FUNDS BY BOARD. (1) An applicant for a license as a 40 nursing home administrator who has successfully complied with the requirements 41 of section 54-1605, Idaho Code, and the standards provided for therein, has 42 passed the examination provided for in section 54-1606, Idaho Code, and, where 43 applicable, has complied with the requirements of section 54-1610, Idaho Code, 44 shall be issued a license, on a form provided for that purpose by the board, 45 certifying that such applicant has met the requirements of the laws and rules 46 entitling him to serve, act, practice, and otherwise hold himself out as a 47 duly licensed nursing home administrator; provided, however, nothing in this 48 act or the rules thereunder shall be construed to require an applicant for a 49 license as a nursing home administrator, who is certified by a recognized 50 church or religious denomination which teaches reliance on spiritual means 51 alone for healing as having been approved to administer institutions certified 52 by such church or denomination for the care and treatment of the sick in 53 accordance with its teachings, to demonstrate proficiency in any medical tech- 4 1 niques or to meet any medical educational qualifications or medical standards 2 not in accord with the remedial care and treatment provided in such institu- 3 tions. 4 (2) Any license issued by the board under or pursuant to the provisions 5 of this section shall be under the hand and seal of the chairman and executive 6 secretary of the board. 7 (3) If the board finds that programs of training and instruction con- 8 ducted within the state are not sufficient in number or content to enable 9 applicants for nursing home administrators' licenses and nursing home adminis- 10 trators to meet requirements established pursuant to this act, it shall insti- 11 tute and conduct or arrange with others to conduct one (1) or more such pro- 12 grams, and shall make provision for their accessibility to appropriate resi- 13 dents of this state. The board may approve programs conducted within and with- 14 out this state as sufficient to meet education and training requirements 15 established pursuant to this act. For purposes of this subsection, the board 16 shall have the authority to receive and disburse federal funds received pursu- 17 ant to requirements of the "social security act." 18(4) Pending issuance of a license, the board may issue a temporary19license for a period not exceeding one (1) year, without examination to an20applicant who files a written application, who is otherwise qualified, and who21is applying to fill a vacancy on an emergency basis.22 SECTION 5. That Section 54-1608, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-1608. ATTENDANCE AT CONTINUING EDUCATION PROGRAM -- REVOCATION OR SUS- 25 PENSION -- RENEWAL OF LAPSED LICENSES. (1) Every individual who holds a valid 26 license as a nursing home administrator issued by the board under section 27 54-1607(1), Idaho Code, shall annually be required to apply to the board for a 28 renewal of license and report any facts requested by the board on forms pro- 29 vided for such purpose. A license not timely renewed shall be canceled immedi- 30 ately. 31 (2) Upon making an application for a renewal of license, such individual 32 shall pay an annual license fee, and at the same time shall submit evidence 33 satisfactory to the board that during the twelve (12) month period immediately 34 preceding such application for renewal of license he has successfully 35 attended a continuing education program or course of study as may be provided 36 in the rules of the board. 37 (3) Upon receipt of such application for renewal of license, the license 38 fee, and the evidence required with respect to continuing education, the board 39 shall issue a renewal of license to such nursing home administrator. 40 (4) The licensed nursing home administrator who fails to comply with the 41 provisions of this section, and who continues to act as a nursing home admin- 42 istrator, shall be subject to discipline by the board, in accordance with the 43 provisions of this act. 44 (5) A nursing home administrator who has been duly licensed in this state 45 and whose license shall not have been revoked or suspended, and whose license 46 has expired for a period of not longer than five (5) years, may renew his 47 license within the state upon complying with the provisions of this section 48 for renewal of license and also filing with the board an affidavit in accor- 49 dance with the rules of the board, and payment of atwenty-fiveone hundred 50 dollar ($25.100) reinstatement fee together with fees for back years. 51 (6) A nursing home administrator whose license has been expired for five 52 (5) or more years, must reapply for licensure under the provisions of section 53 54-1605, Idaho Code. 5 1 SECTION 6. That Section 54-1609, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-1609.INTERSTATE RECIPROCAL IENDORSEMENT OF LICENSES. The board, in 4 its discretion, and otherwise subject to the provisions of this act, and the 5 rules of the board promulgated thereunder prescribing the qualifications for a 6 nursing home administrator license, mayiendorse a nursing home administrator 7 license issued by the proper authorities of any other state upon payment of a 8 fee and upon submission of evidence satisfactory to the board that such other 9 state maintained a system and standard of qualifications and examinations for 10 a nursing home administrator license which were substantially equivalent to 11 those required in this state at the time such other license was issued by such 12 other state. On receipt of a completed application and fee, the board may 13 issue a temporary permit as defined in this chapter and by board rule. 14 SECTION 7. That Section 54-1610, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-1610. ADMINISTRATORS-IN-TRAINING --TEMPORARY PERMITS --EXAMINATION 17 AFTER ONE YEAR -- QUARTERLY REPORTS -- EXCEPTIONS. (1) Every applicant for a 18 nursing home administrator license who shall have otherwise qualified under 19 the provisions of section 54-1605, Idaho Code, shall serve for a one (1) year 20 period under the direct supervision of a duly licensed nursing home adminis- 21 trator in accordance with the rules of the board. At the expiration of the 22 one-year-in-training period said applicant shall be eligible to take the exam- 23 ination. 24 (2) The nursing home administrator-in-training shall submit quarterly 25 reports on forms provided therefor by the board. 26 (3) This section shall not apply to any individual who has successfully 27 completed a course of study for a master's degree in health administration 28 related to long-term care, or who has successfully completed a course of study 29 for a master's degree in health administration and has one (1) year management 30 experience in long-term care and who has been awarded such degree from an 31 accredited institution of higher learning. 32 (4) Every nursing home administrator-in-training shall register the fact 33 of such training with the board in accordance with the rules and on forms pro- 34 videdthereforby the board.
|||| LEGISLATURE OF THE STATE OF IDAHO ||||
Fifty-sixth Legislature First Regular Session - 2001
Moved by Ellis
Seconded by Sali
IN THE HOUSE OF REPRESENTATIVES
HOUSE AMENDMENT TO H.B. NO. 5
1 AMENDMENT TO SECTION 2
2 On page 2 of the printed bill, in line 26, delete "four (4)" and insert:
3 "eight (8)".
4 CORRECTION TO TITLE
5 On page 1, in line 6, delete "FOUR" and insert: "EIGHT".
|||| LEGISLATURE OF THE STATE OF IDAHO |||| Fifty-sixth Legislature First Regular Session - 2001IN THE HOUSE OF REPRESENTATIVES HOUSE BILL NO. 5, As Amended BY MR. SPEAKER Requested by: Bureau of Occupational Licenses 1 AN ACT 2 RELATING TO THE BOARD OF NURSING HOME ADMINISTRATORS; AMENDING SECTION 3 54-1601, IDAHO CODE, TO DEFINE "TEMPORARY PERMIT" AND "ADMINISTRATOR DES- 4 IGNEE" AND TO ALPHABETIZE THE TERMS; AMENDING SECTION 54-1602, IDAHO CODE, 5 TO PROVIDE THAT NURSING HOMES MAY OPERATE UNDER THE SUPERVISION OF A QUAL- 6 IFIED ADMINISTRATOR DESIGNEE FOR UP TO EIGHT CONTINUOUS WEEKS AND TO PRO- 7 VIDE THAT A CONSULTING AGREEMENT ENTERED INTO BETWEEN THE ADMINISTRATOR 8 DESIGNEE AND AN IDAHO LICENSED ADMINISTRATOR SHALL BE SUBMITTED TO THE 9 BOARD; AMENDING SECTION 54-1604, IDAHO CODE, TO INCREASE THE MAXIMUM FEE 10 THE BOARD MAY CHARGE FOR AN APPLICATION, LICENSE OR RENEWAL OF A LICENSE, 11 PERMIT OR REGISTRATION AND TO MAKE TECHNICAL CORRECTIONS; AMENDING SECTION 12 54-1607, IDAHO CODE, TO REMOVE THE BOARD'S AUTHORITY TO ISSUE TEMPORARY 13 LICENSES ON AN EMERGENCY BASIS; AMENDING SECTION 54-1608, IDAHO CODE, TO 14 INCREASE THE MAXIMUM FEE THE BOARD MAY CHARGE FOR REINSTATEMENT OF A 15 LICENSE; AMENDING SECTION 54-1609, IDAHO CODE, TO PROVIDE THAT THE BOARD 16 MAY ISSUE A TEMPORARY PERMIT AND TO MAKE TECHNICAL CORRECTIONS; AND AMEND- 17 ING SECTION 54-1610, IDAHO CODE, TO DELETE REFERENCE TO TEMPORARY PERMITS 18 AND TO MAKE A TECHNICAL CORRECTION. 19 Be It Enacted by the Legislature of the State of Idaho: 20 SECTION 1. That Section 54-1601, Idaho Code, be, and the same is hereby 21 amended to read as follows: 22 54-1601. DEFINITIONS.(1)As used in this act, unless otherwise stated, 23 the following terms shall have the respective meanings hereinafter set forth 24 or indicated: 25 (1) "Administrator designee" means a qualified individual filling a 26 vacant nursing home administrator position pursuant to a signed agreement. 27 (2) "Board" means the board of examiners of nursing home administrators 28 of the state of Idaho. 29 (3) "Examiner" means a member of the board of examiners of nursing home 30 administrators of the state of Idaho. 31 (4) "Executive secretary" means the secretary of the board of examiners 32 of nursing home administrators of the state of Idaho. 33 (5) "Health care facility" means any institution or facility which sup- 34 plies all of the functional needs of an individual in need of residence care, 35 and defined as such for licensing purposes under state law or pursuant to the 36 rules for nursing homes, hospitals, residential or assisted living facilities, 37 whether proprietary or nonprofit, and shall include, but not be limited to, 38 health care facilities owned or administered by the state government or any 39 agency or political subdivisions thereof. 40 (6) "Nursing home administrator" means any individual responsible for 41 planning, organizing, directing, and controlling the operation of a nursing 42 home, or who in fact performs such functions, whether or not such functions 43 are shared by one (1) or more other persons. 2 1 (67) "Nursing home administrator-in-training" means an individual regis- 2 tered as such under and pursuant to the provisions of this act. 3 (78) "Practice of nursing home administration" means that planning, orga- 4 nizing, directing, and control of the operation of a nursing home. 5(8) "Health care facility" means any institution or facility which sup-6plies all of the functional needs of an individual in need of residence care,7and defined as such for licensing purposes under state law or pursuant to the8rules for nursing homes, hospitals, residential or assisted living facilities,9whether proprietary or nonprofit, and shall include, but not be limited to,10health care facilities owned or administered by the state government or any11agency or political subdivisions thereof.12 (9) "Temporary permit" means a privilege granted by the board to an indi- 13 vidual who has submitted an endorsement application evidencing a license in 14 good standing in another state allowing their temporary practice as a nursing 15 home administrator until their application is acted upon by the board. 16 SECTION 2. That Section 54-1602, Idaho Code, be, and the same is hereby 17 amended to read as follows: 18 54-1602. SUPERVISION BY LICENSED ADMINISTRATOR REQUIRED -- EXCEPTION FOR 19 ADMINISTRATOR DESIGNEE -- PRACTICE BY UNLICENSED PERSON PROHIBITED. No nursing 20 home in the state shall be operated unless it is under the supervision of an 21 administrator who holds a currently valid nursing home administrator's license 22 issued pursuant to this act, except that after an administrator's position 23 becomes vacant, a nursing home may operate under a responsible person autho- 24 rized by signed agreement to act as an administrator designee. The administra- 25 tor designee shall be qualified by documented experience to assume delegated 26 duties, and shall not act for more than eight (8) continuous weeks unless an 27 exception is granted by the board. An Idaho licensed administrator shall enter 28 into an agreement, which shall be submitted to the board, to consult with the 29 administrator designee. No person shall practice or offer to practice nursing 30 home administration in this state or use any title, sign, card, or device to 31 indicate that he is a nursing home administrator unless such person shall have 32 been duly licensed as a nursing home administrator as required by this act. 33 SECTION 3. That Section 54-1604, Idaho Code, be, and the same is hereby 34 amended to read as follows: 35 54-1604. FUNCTIONS AND DUTIES OF BOARD -- FEE FOR LICENSE APPLICANTS -- 36 RULES. (1) It shall be the functions and duties of such board to: 37 (a) Develop, impose, and enforce standards consistent with this act which 38 shall be met by individuals in order to receive and retain a license as a 39 nursing home administrator which standard shall be designed to insure that 40 nursing home administrators will be individuals who are of good character 41 and are otherwise suitable, and who, by training or experience in the 42 field of institutional administration, are qualified to serve as nursing 43 home administrators; 44 (b) Develop and apply appropriate techniques, including examinations and 45 investigations, for determining whether an individual meets such stan- 46 dards; 47 (c) Issue licenses to individuals determined, after application of such 48 techniques, to meet such standards, and revoke or suspend licenses previ- 49 ously issued by the board in any case where the individual holding any 50 such license is determined substantially to have failed to conform to the 51 requirements of such standards; 3 1 (d) Establish and carry out procedures designated to insure that individ- 2 uals licensed as nursing home administrators will, during any period that 3 they serve as such, comply with the requirements of such standards; 4 (e) Receive, investigate, and take appropriate action with respect to any 5 charge or complaint filed with the board charging that any individual 6 licensed as a nursing home administrator has failed to comply with the 7 requirements of such standards; 8 (f) Conduct a continuing study and investigation of administrators of 9 nursing homes within the state with a view to the improvement of the stan- 10 dards imposed for the licensing of such administrators and of procedures 11 and methods for the enforcement of such standards with respect to adminis- 12 trators of nursing homes who have been licensed as such; 13 (g) The fee to be paidby applicantsfor any application, licenses, 14 renewal,of licenses and applicants seeking a reciprocal endorsement of a15license issued by the proper authorities in another state,permit or reg- 16 istration shall be set by board rule in an amount not to exceedeighty-17fivetwo hundred dollars ($85.200). 18 (2) The board or any committee or member thereof or any hearing officer 19 designated by such board, acting in an official capacity, shall have powers 20 and duties as provided by law. 21 Such board shall not be bound by the strict rules of evidence in the con- 22 duct of its proceedings but any determinations made shall be founded upon suf- 23 ficient legal evidence to sustain them. 24 (3) The board shall also have the authority to make rules not inconsis- 25 tent with law as may be necessary for the proper performance of its duties, 26 and to take such other actions as may be necessary to enable the state to meet 27 the requirements set forth in section 1908 of the "SsocialSsecurityAact," 28 the federal rules promulgated thereunder, and other pertinent federal require- 29 ments. 30 (4) The board shall have the authority to collect from the state associa- 31 tion representing nursing homes in Idaho an amount as is necessary to fully 32 reimburse the board for all expenses relating to prelitigation panels con- 33 ducted pursuant to chapter 23, title 6, Idaho Code. Funds collected by the 34 board pursuant to this subsection shall be deposited into the occupational 35 licenses fund. 36 SECTION 4. That Section 54-1607, Idaho Code, be, and the same is hereby 37 amended to read as follows: 38 54-1607. ISSUANCE OF LICENSE -- EXEMPTION -- EDUCATIONAL PROGRAMS -- 39 ADMINISTRATION OF FEDERAL FUNDS BY BOARD. (1) An applicant for a license as a 40 nursing home administrator who has successfully complied with the requirements 41 of section 54-1605, Idaho Code, and the standards provided for therein, has 42 passed the examination provided for in section 54-1606, Idaho Code, and, where 43 applicable, has complied with the requirements of section 54-1610, Idaho Code, 44 shall be issued a license, on a form provided for that purpose by the board, 45 certifying that such applicant has met the requirements of the laws and rules 46 entitling him to serve, act, practice, and otherwise hold himself out as a 47 duly licensed nursing home administrator; provided, however, nothing in this 48 act or the rules thereunder shall be construed to require an applicant for a 49 license as a nursing home administrator, who is certified by a recognized 50 church or religious denomination which teaches reliance on spiritual means 51 alone for healing as having been approved to administer institutions certified 52 by such church or denomination for the care and treatment of the sick in 53 accordance with its teachings, to demonstrate proficiency in any medical tech- 4 1 niques or to meet any medical educational qualifications or medical standards 2 not in accord with the remedial care and treatment provided in such institu- 3 tions. 4 (2) Any license issued by the board under or pursuant to the provisions 5 of this section shall be under the hand and seal of the chairman and executive 6 secretary of the board. 7 (3) If the board finds that programs of training and instruction con- 8 ducted within the state are not sufficient in number or content to enable 9 applicants for nursing home administrators' licenses and nursing home adminis- 10 trators to meet requirements established pursuant to this act, it shall insti- 11 tute and conduct or arrange with others to conduct one (1) or more such pro- 12 grams, and shall make provision for their accessibility to appropriate resi- 13 dents of this state. The board may approve programs conducted within and with- 14 out this state as sufficient to meet education and training requirements 15 established pursuant to this act. For purposes of this subsection, the board 16 shall have the authority to receive and disburse federal funds received pursu- 17 ant to requirements of the "social security act." 18(4) Pending issuance of a license, the board may issue a temporary19license for a period not exceeding one (1) year, without examination to an20applicant who files a written application, who is otherwise qualified, and who21is applying to fill a vacancy on an emergency basis.22 SECTION 5. That Section 54-1608, Idaho Code, be, and the same is hereby 23 amended to read as follows: 24 54-1608. ATTENDANCE AT CONTINUING EDUCATION PROGRAM -- REVOCATION OR SUS- 25 PENSION -- RENEWAL OF LAPSED LICENSES. (1) Every individual who holds a valid 26 license as a nursing home administrator issued by the board under section 27 54-1607(1), Idaho Code, shall annually be required to apply to the board for a 28 renewal of license and report any facts requested by the board on forms pro- 29 vided for such purpose. A license not timely renewed shall be canceled immedi- 30 ately. 31 (2) Upon making an application for a renewal of license, such individual 32 shall pay an annual license fee, and at the same time shall submit evidence 33 satisfactory to the board that during the twelve (12) month period immediately 34 preceding such application for renewal of license he has successfully 35 attended a continuing education program or course of study as may be provided 36 in the rules of the board. 37 (3) Upon receipt of such application for renewal of license, the license 38 fee, and the evidence required with respect to continuing education, the board 39 shall issue a renewal of license to such nursing home administrator. 40 (4) The licensed nursing home administrator who fails to comply with the 41 provisions of this section, and who continues to act as a nursing home admin- 42 istrator, shall be subject to discipline by the board, in accordance with the 43 provisions of this act. 44 (5) A nursing home administrator who has been duly licensed in this state 45 and whose license shall not have been revoked or suspended, and whose license 46 has expired for a period of not longer than five (5) years, may renew his 47 license within the state upon complying with the provisions of this section 48 for renewal of license and also filing with the board an affidavit in accor- 49 dance with the rules of the board, and payment of atwenty-fiveone hundred 50 dollar ($25.100) reinstatement fee together with fees for back years. 51 (6) A nursing home administrator whose license has been expired for five 52 (5) or more years, must reapply for licensure under the provisions of section 53 54-1605, Idaho Code. 5 1 SECTION 6. That Section 54-1609, Idaho Code, be, and the same is hereby 2 amended to read as follows: 3 54-1609.INTERSTATE RECIPROCAL IENDORSEMENT OF LICENSES. The board, in 4 its discretion, and otherwise subject to the provisions of this act, and the 5 rules of the board promulgated thereunder prescribing the qualifications for a 6 nursing home administrator license, mayiendorse a nursing home administrator 7 license issued by the proper authorities of any other state upon payment of a 8 fee and upon submission of evidence satisfactory to the board that such other 9 state maintained a system and standard of qualifications and examinations for 10 a nursing home administrator license which were substantially equivalent to 11 those required in this state at the time such other license was issued by such 12 other state. On receipt of a completed application and fee, the board may 13 issue a temporary permit as defined in this chapter and by board rule. 14 SECTION 7. That Section 54-1610, Idaho Code, be, and the same is hereby 15 amended to read as follows: 16 54-1610. ADMINISTRATORS-IN-TRAINING --TEMPORARY PERMITS --EXAMINATION 17 AFTER ONE YEAR -- QUARTERLY REPORTS -- EXCEPTIONS. (1) Every applicant for a 18 nursing home administrator license who shall have otherwise qualified under 19 the provisions of section 54-1605, Idaho Code, shall serve for a one (1) year 20 period under the direct supervision of a duly licensed nursing home adminis- 21 trator in accordance with the rules of the board. At the expiration of the 22 one-year-in-training period said applicant shall be eligible to take the exam- 23 ination. 24 (2) The nursing home administrator-in-training shall submit quarterly 25 reports on forms provided therefor by the board. 26 (3) This section shall not apply to any individual who has successfully 27 completed a course of study for a master's degree in health administration 28 related to long-term care, or who has successfully completed a course of study 29 for a master's degree in health administration and has one (1) year management 30 experience in long-term care and who has been awarded such degree from an 31 accredited institution of higher learning. 32 (4) Every nursing home administrator-in-training shall register the fact 33 of such training with the board in accordance with the rules and on forms pro- 34 videdthereforby the board.
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STATEMENT OF PURPOSE
RS 10485
54-1601, 1609 A Temporary Permit would allow an endorsement
applicant to work while waiting for the Board to approve their
application. The spelling of Endorsement is corrected.
54-1601, 1602 An Administrator Designee position would allow
for a Nursing Home to have a qualified person in the Administrator
position while searching for a replacement.
54-1604 All areas that require fees are listed to make the statute
simple to understand. The maximum the Board may charge for fees is
raised to $200.00. The increase in fees will generate additional
funding necessary for continued operation.
54-1607 Temporary License is deleted. The Administrator Designee
position will eliminate the need for a Temporary License on an
emergency basis.
54-1608 The reinstatement fee increase will assure the timeliness
of license renewals.
FISCAL IMPACT
There is no fiscal impact to the general fund. An increase in fees
will be necessary by rule to meet operating expenses. The overall
estimated increase in annual revenue is $10,000 in dedicated funds.
Contact
Name: Thomas Limbaugh, Bureau of Occupational Licenses,
Board of Nursing Home Administrators
Phone: 334-3233
STATEMENT OF PURPOSE/FISCAL NOTE H 5a