Nursing Home Administrator Rules

PART 1. GENERAL INFORMATION

1.1 THE BOARD'S PURPOSE

The State Board of Examiners for Nursing Home Administrators (which is referred to as the "Board" in this rule) has been created to protect the public health, safety and welfare. It does this by setting standards for issuing licenses, licensing only qualified applicants and regulating license holders and their practices.

1.2 BUSINESS ADDRESS

The Board's business location is The Office of the Secretary of State, Office of Professional Regulation, Heritage Building, 81 River Street, Montpelier, Vermont. The Board's mailing address is:

Board of Examiners for Nursing Home Administrators
Office of Professional Regulation
Heritage Building
81 River St. Drawer 09
Montpelier, Vermont 05602

1.3 REGULAR, SPECIAL AND EMERGENCY MEETINGS

The Board must hold at least two regular meetings a year. The chair or any three members may call a special or emergency meeting if it is necessary. Four members of the Board constitute a quorum for all meetings. A meeting schedule is available from the Office.

1.4 LAWS THAT GOVERN THE BOARD

The Board is governed by a specific state law that establishes its responsibilities for setting standards, issuing licenses and regulating the profession. The law is in Chapter 46, Title 18, Vermont Statutes Annotated. In addition, the Board is obligated to comply with several other state laws such as the Administrative Procedure Act (Title 3, VSA §§801-849), the "Open Meeting Law" (Title 1, VSA §§310-314) and the "Access to Public Records Law" (Title 1, VSA §§315-320). These laws set forth the rights of an applicant, license holder or member of the public.

The complete text of these laws is available at most libraries and town clerks' offices.

The Board is authorized to make these rules under 18 VSA §2053. They have the effect of law and govern Board proceedings.

1.6 DEFINITIONS:

In addition to the definitions found in 18 V.S.A. § 2051, the following definitions apply to these rules:

I. "Approved Program or Activity" is a continuing education program or activity which meets the standards set forth in these rules, and which has received approval by the Board.

III. "Licensee" means any person licensed to practice nursing home administration in the State of Vermont.

2.1 APPLICATIONS

• Applications for a license and information about the application process are available from the Office. An applicant shall submit a fully completed application form with all supporting documentation and the fee to the Office. The Board reviews applications only after the fully completed application and documentation is received, including evidence of any required education, supervision, employment, training, or evidence of a license in another jurisdiction and its licensing standards.



• An applicant issued an initial license within 90 days of the renewal date will not be required to renew or pay the renewal fee. The license will be issued through the next full license period. An applicant issued an initial license more than 90 days prior to the renewal expiration date will be required to renew and pay the renewal fee.

2.2 LICENSE BY EXAMINATION

To qualify to take the exam, the applicant must meet the following criteria:

II. hold at least a bachelor's degree from an accredited institution;

III. be in compliance with 3 V.S.A. §129a, which is grounds for denial of an application under these rules;

IV. be mentally and physically able to perform as a licensed nursing home administrator; and

V. have completed an administrator-in-training program approved by the Board.

VI. The Board may consider experience as a licensed Nursing Home Administrator in lieu of the educational requirements.

2.3 ADMINISTRATOR-IN-TRAINING PROGRAM

The Board has the exclusive authority to determine the qualifications, skill and fitness of any person to serve as a nursing home administrator and shall develop, impose and enforce standards designed to insure that nursing home administrators are, by training or experience in the field of institutional administration, qualified to serve as nursing home administrators. The Board has determined an administrator-in-training program is necessary to protect the public by insuring that nursing home administrators are experienced and qualified.

Administrator-in-training (AIT) program components:

• Content: The AIT program shall cover the subjects specified in the National Association of Boards of Long Term Care Administrators' Five Step Process for Use by Preceptor and AIT, as it may be amended from time to time, which is available from the Board office.



• Plan: The applicant must file a proposed plan for the AIT program for Board approval prior to starting the program. The plan must be submitted on forms provided by the Board and shall include the name and qualifications of the proposed preceptor.



• Supervision: The program must be completed under the supervision of a preceptor approved by the Board. "Supervision" means on-site supervision (on the premises of the facility). The supervisor must be readily available to assist and answer questions, but may be off the premises for limited periods of time for vacations, conferences, etc. but still must be available by phone, not to exceed an average of more than one day per week.



• Preceptors: To qualify for Board approval, preceptors must be currently licensed and in good standing as a Nursing Home Administrator in this state and have at least five years of experience as a licensed Nursing Home Administrator.



• Hours: The program must cover 1,000 total hours in the areas specified and must be completed within two years.



• Report: At the completion of the training program, the applicant must submit a final report, approved by the preceptor, verifying the completion of the training program. The report must be submitted on forms provided by the Board.



• Waiver of hours: The Board may waive the AIT program requirement or reduce the number of hours needed if it finds the applicant has gained practical experience that would satisfy the components of the program in the specific program areas. Some examples include, but are not limited to:

• A Nursing Home Administrator licensed in another state with relevant experience in a long-term care facility but who has not completed an AIT program.

• Relevant experience as a currently licensed registered nurse in a long-term care facility.



• Relevant training in a long-term care facility received as part of a practical component of a course of study in long-term care administration.



• Participation in an AIT program in another state which is substantially equivalent to Vermont's.

• Endorsement: Applicants who have completed an AIT program in another state which the Board determines to be substantially equivalent to Vermont's will not be required to complete an AIT program in Vermont prior to licensure.



• Transitional provision: The AIT requirements shall take effect for applications received on or after July 1, 2002.

2.4 EXAMINATIONS

• Applicants who are approved will be scheduled for examination in Vermont. If an applicant is disapproved, the exam portion of the fee will be refunded.



• The Board requires a written exam given by the National Association of Boards of Examiners of Long Term Care Administrators (NAB) and an exam on the laws in the State of Vermont, which may cover the Board's laws at 18 V.S.A. chapter 46, 3 V.S.A. chapter 5, subchapter 3, and the licensing and operating rules and regulations for nursing homes as per the Department of Aging and Disabilities, as amended.

III. An applicant who fails the exam given by NAB may retake it. After a second failure, the applicant must wait one year from the date of the exam before reapplying. A new application and fee must be submitted each time.

IV. After successful completion of the NAB exam, the applicant may schedule to take the Vermont exam. An applicant who fails the Vermont exam may retake it. After a second failure, the applicant must wait one year from the date of the exam before reapplying.

2.5 TRAINING COURSES

The Board is authorized to approve courses of instruction and training offered in Vermont or elsewhere for persons who want to become nursing home administrators.

2.6 LICENSE DENIALS, HEARINGS, APPEALS

• If the Board intends to deny an application for a license, the Board shall send the applicant written notice of the decision by certified mail. The notice shall include a statement of the reasons for the action and shall advise the applicant that the applicant may file a petition with the Board for review of its preliminary decision within 30 days of the date on which the notice is mailed. After the hearing, the Board shall affirm or reverse the preliminary denial, explaining the reason therefor in writing.



• A party aggrieved by a final decision of the Board may appeal that decision by filing a notice of appeal with the Director who shall assign the case to an appellate officer. The review shall be conducted on the basis of the record created before the Board. Persons wishing to appeal shall give written notice of their decision to appeal within 30 days of receipt of the Board's final decision to:

Director, Professional Regulation
Office of the Secretary of State
109 State Street
Montpelier, VT 05609-1106

III. The appellate officer's decision may be appealed to Washington Superior Court.

PART 3. INFORMATION FOR LICENSED NURSING HOME ADMINISTRATORS

3.1 RENEWAL

• The Office of Professional Regulation has a fixed 24-month licensing schedule. Licensees renew on a fixed biennial schedule: which is April 1st of the even years. A licensee shall renew by the expiration date printed on his or her license. Before the license expiration date, the Office will mail a renewal application and notice of renewal fee. A license will expire automatically if the complete renewal application, along with the required continuing education and fee are not returned to the Office by the expiration date.
   
• Renewals received after the expiration date will incur a late renewal penalty.

3.2 CONTINUING EDUCATION

The Board requires that licensed nursing home administrators continue their education in areas directly related to nursing home administration. Continuing education in nursing home administration is defined as specific learning experiences designed to enhance the knowledge and skills of nursing home administrators.

• BIENNIAL REQUIREMENT:



• First Renewal

• Biennial Renewal

For each subsequent renewal, a licensee shall accrue 40 hours of continuing education during the two year period immediately preceding the date of license renewal.

1. Carry-over of continuing education credit will not be permitted from one biennium to another.

2. Licensees shall maintain and submit copies of certificates of attendance or transcripts which demonstrate completion of the requirements. Evidence of the completion of the total 40 hour requirement shall be submitted before licenses are issued.

3. Failure to meet the continuing education requirement shall render the licensee ineligible for renewal until such time the continuing education requirement is met. Continuing education hours used to meet the late licensing requirement shall not be credited again in the next biennium.

4. The Board may temporarily waive the continuing education requirements of this policy in hardship cases.

5. Credits will be recorded by the Office and will be maintained on file for two years following renewal. Copies of each individual's credit hours will be sent to the individual upon written request only.

• COURSE CONTENT:



• The subject matter of each course shall be directly related to the duties and responsibilities of a nursing home administrator and in one of these areas:



• Patient and Resident Care
• Personnel Relations
• Management and Law
• Business and Finance
• Governmental Regulations



• APPROVED COURSE PROVIDERS:

A. The Board accepts courses presented as continuing education in the approved categories 3.2 (II) for nursing home administrators by organizations that meet the Board's criteria. A list of the currently approved course providers is available from the Office.

B. Courses of study offered by an education institution, association, professional society, or organization for the purpose of providing continuing education for nursing home administrators, not on the list of approved course providers, shall be submitted to the Board for approval on forms provided by the Board.

• DISTRIBUTION OF CONTINUING EDUCATION HOURS:

Hours must be taken in more than one of the categories in 3.2(II) above.

• Academic Credits:

1. The Board shall approve for continuing education credit those courses taken for college credit if the content meets the criteria set forth in Part III and a transcript including a passing grade from the college is presented with a course outline.

• Fifteen hours of continuing education credit for each college credit will be granted.



• Correspondence Courses: Continuing education credits shall be granted for successful completion of Board approved correspondence courses. Proof of completion shall be presented with a course outline.



• Workshops, Seminars & Conferences:

Attendance at workshops, seminars and conferences related to the role of Nursing Home Administrators in the approved categories of 3.2(II) are considered for approval.

• Other categories:

No credit will be granted for professional activities, publishing, or serving as an administrator-in-training.

3.3 CHANGE OF NAME OR ADDRESS

A licensee is responsible for notifying the Office promptly in writing of a legal name change if he or she changes name, mailing address or business address. A licensee requesting a change in his/her name must submit proof of the legal change in name.

3.4 UNPROFESSIONAL CONDUCT AND PENALTIES FOR VIOLATION

The Board may refuse to issue or renew a license or may suspend, revoke reprimand or otherwise condition a license if the licensee violates any provisions 3 V.S.A. §129a, which includes violations of these rules or any other laws or regulations relating to the proper administration and management of a nursing home.

3.5 COMPLAINT PROCEDURE

The Board follows the current investigation and disciplinary procedure adopted by the Office of Professional Regulation, except where these rules provide otherwise. Copies of the procedure, complaint forms and more information about the complaint process may be obtained from the Office.