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PA Bulletin, Doc. No. 99-187

PROPOSED RULEMAKING

STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

[49 PA. CODE CH. 39]

Continuing Professional Education

[29 Pa.B. 662]

   The State Board of Examiners of Nursing Home Administrators (Board) proposes to amend its regulations in §§ 39.1, 39.11, 39.14, 39.41, 39.43, 39.51--39.61 and 39.72, to delete §§ 39.31 and 39.32, 39.42 and 39.62--39.64 and to add §§ 39.44 and 39.65, as set forth in Annex A. The proposed amendments relate to continuing education requirements.

A.  Effective Date

   The proposed amendments would be effective upon publication of the final-form regulations in the Pennsylvania Bulletin. The continuing education requirement will apply to the 2001--2003 biennial renewal.

B.  Statutory Authority

   The Board has authority to adopt regulations pertaining to continuing education under section 9(b) of the Nursing Home Administrators License Act (act) (63 P. S. § 1109(b)).

C.  Background and Purpose

   Section 9(b) of the act (63 P. S. § 1109(b)), requires licensees to complete continuing education as a condition of biennial renewal. Current §§ 39.31--39.64 of the Board's regulations establish the parameter of the continuing education requirement. The proposed amendments clarify, update and expand on those provisions.

D.  Description of Amendments

Substantive amendments

   1.  Program preapproval.

   Section 39.41 (relating to provider registration) of the current regulations requires continuing education providers to be preapproved by the Board. Individual programs, however, do not require preapproval under current § 39.52(b). Rather, after the program is offered or completed, licensees file individual applications with the Board, under § 39.64, seeking program approval. If the Board believes that the program satisfies its qualifications, approval will be granted. If the Board does not believe the program satisfies its qualifications, the licensee will not receive any credit and will be required to obtain additional continuing education.

   As proposed, the Board's continuing education regulations would be amended to require preapproval of all programs. The Board believes that preapproval will be of assistance to licensees since they would know in advance that the program has been approved and the number of hours granted. In order to assure that the preapproval process would not burden providers, proposed § 39.52(b) would be amended to reduce the program application submission date from 90 days to 60 days. Programs limited to significant changes in State or Federal law or regulations which will be implemented within 60 days of their publications need only be submitted to the Board for approval within 30 days of their presentation.

   In addition to reducing the time for seeking program approval, the proposed amendments would also reduce the paperwork requirements on providers. Under proposed § 39.43 (relating to standards for provider approval), prospective providers would no longer need to inform the Board of the provider's area of expertise, the adequacy of the facilities, qualifications, reputation and character of the instructors and appropriateness of the educational materials on the provider applications.

   The proposed amendments would also eliminate the restrictions on providers by deleting current § 39.42 which identifies categories of providers.

   The proposed amendments would also eliminate the individual program application fee in current section 39.72.

   2.  Clock hour and reporting requirements.

   Proposed § 39.61 consolidates and refines the requirements in current §§ 39.61--39.64. Under proposed subsection (b), licensees may complete the 48 clock hours per biennium in lecture or computer interactive courses approved by the National Association of Boards of Examiners of Long-Term Care Administrators (NAB) or the Board, college or university courses, including distance learning, individual study, serving as an instructor or author of a book, article or continuing education program.

   Under the proposed amendments, current § 39.61(b)(2)(i)--(iv), regarding community, professional and health-care activities, would be eliminated. The Board believes that while these activities are worthwhile to the community and the licensee, they do not constitute education or learning which contributes directly to the professional competence of nursing home administrators

   Current §§ 39.61(b)(2)(vi)--(vii), 39.63 and 39.64, regarding home study, individual study, or serving as an instructor or author, would be consolidated into § 39.61(b)(3). Proposed subsection (b)(3)(ii) expands the publication credit for licensees. Under the current regulation, authors may only obtain 3 clock hours per article. Under this provision, up to 12 clock hours may be awarded based on the complexity of the subject matter or work. In exceptional circumstances, where an article is published in a refereed journal, a licensee may be awarded up to 24 clock hours.

   Proposed subsection (b)(3)(ii) also expands the credit available for instructors. Under the current regulation, licensees are capped at 3 clock hours. Under the proposed regulation, instructors may earn 1 clock hour for each hour of participation up to 12 clock hours.

   Proposed subsections (c) and (e) would set forth the exceptions to the credit hour requirement codifying current Board policy. A licensee who obtains a license after the biennial period begins would only need to complete 24 clock hours, of which 12 must be taken in NAB or Board-approved programs. Under new subsection (e) licensees who cannot meet the continuing education requirement due to illness, emergency or hardship would be able to seek a waiver from the Board.

   New subsection (d) clarifies that licensees whose license is suspended would not be exempt from the continuing education requirement. New subsection (f) clarifies that licensees will not receive credit for repeating a program in the same renewal period unless the subject matter has substantially changed during that period.

   New § 39.65 would describe the reporting requirements. Licensees would be required to certify that they have met the continuing education requirements on their application for biennial renewal. Documentation, listed in subsection (b), which would evidence completion of the continuing education requirement, would only have to be provided to the Board upon request. Licensees would be responsible for maintaining a copy of the documentation for 4 years. Failure to provide documentation when requested or falsification of the requested information would constitute a violation of the act and could result in disciplinary action.

   3.  Subject matter.

   Under the current regulations, licensees must complete their continuing education hours in the subjects listed in §§ 39.7 and 39.14. Current § 39.14 repeats the approved subject areas in both subsections (a) and (b). In the proposed amendments, § 39.14 would be amended to delete the redundant reference in subsection (b). In addition, subsection (b)(2) has been amended to clarify that the appropriate subject areas must be appropriate to long-term care. The reference to § 39.7 has also been deleted in proposed § 39.51(a) as unnecessary.

   Current section 39.51(b) would be amended to codify current Board policy that two types of programs, while capable of being in the subject areas listed in § 39.14, are not deemed acceptable to the Board: inservice programs which are not open to any licensee and programs limited to the organization and operation of the employer. The Board believes that these programs are designed to enhance job performance rather than improve clinical competency.

   4.  Provider responsibilities.

   New § 39.44 would delineate provider responsibilities ranging from the disclosure obligations prior to presenting a program to verification requirements following the presentation of the program.

Technical amendments

   Section 39.1 would be amended to add definitions of ''continuing education certificate,'' ''clock hour,'' ''individual study'' and ''NAB.''

   The amendments to § 39.11 would clarify that licensees shall complete 48 clock hours of continuing education during the preceding renewal period as a condition of biennial renewal. In addition, subsection (e) would clarify that licensees whose licenses have expired shall not only submit the required late fee, if they have practiced during the preceding renewal period, or a verification of nonpractice, if they have not practiced during the preceding renewal period, but also shall provide documentation evidencing the satisfactory completion of the continuing education requirement for the preceding biennial period. This requirement is in lieu of the personal hearing previously required in current subsection (f).

   Current §§ 39.13 and 39.32 are being deleted as unnecessary or redundant. Relevant subsections have been reinserted where appropriate.

E.  Compliance with Executive Order 1996-1.

   In accordance with the requirements of Executive Order 1996-1 (February 6, 1996), in drafting and promulgating the proposed amendments the Board solicited input and suggestions from the regulated community by providing drafts to organizations and entities which represent the professions, educational institutions and interested individuals.

F.  Fiscal Impact and Paperwork Requirements

   1.  Commonwealth--There is no fiscal impact associated with this proposal. Current regulations require the Board to assure compliance with the continuing education requirement before renewing a license. The costs associated with the regulations, including an audit, are borne by the general licensee population through biennial renewal fees which generate revenue for all Board activities. Additional paperwork will be incurred by the Board to amend renewal application forms.

   2.  Political subdivisions--There will be no adverse fiscal impact or paperwork requirements imposed.

   3.  Private sector--There will be no adverse fiscal impact or paperwork requirements imposed.

G.  Sunset Date

   The Board continuously monitors its regulations. Therefore, no sunset date has been assigned.

H.  Regulatory Review

   Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on January 27, 1999, the Board submitted a copy of these proposed amendments to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee (Committees). In addition to submitting the proposed amendments, the Board has provided IRRC and the Committees with a copy of a detailed Regulatory Analysis Form prepared by the Board in compliance with Executive Order 1996-1, ''Regulatory Review and Promulgation.'' A copy of this material is available to the public upon request.

I.  Public Comment

   Interested persons are invited to submit written comments, suggestions or objections regarding the proposed amendments to Robert G. Cameron, Counsel, State Board of Examiners of Nursing Home Administrators, 116 Pine Street, Post Office Box 2649, Harrisburg, PA 17105-2649, within 30 days of publication of this proposed rulemaking. Please reference No. 16A-623 (Continuing Education), when submitting comments.

ROBERT H. MORROW,   
Chairperson

   Fiscal Note:  16A-623. No fiscal impact; (8) recommends adoption.

ANNEX A

TITLE 49.  PROFESSIONAL AND VOCATIONAL STANDARDS

PART I.  DEPARTMENT OF STATE

Subpart A.  PROFESSIONAL AND OCCUPATIONAL AFFAIRS

CHAPTER 39.  STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS

GENERAL

§ 39.1.  Definitions.

   The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

*      *      *      *      *

   Continuing education record--A document issued by the provider to the participant which contains the title of the program, the hours of education and the dates attended or completed.

   Clock hour--A minimum unit of education consisting of 60 minutes of instruction. Programs longer than 60 minutes will be credited in 30 minute increments.

*      *      *      *      *

   Individual study--A continuing education course which does not have an instructor or other interactive learning methodologies and which requires a passing grade on a written examination or workbook.

*      *      *      *      *

   NAB--The National Association of Boards of Examiners of Long-Term Care Administrators.

*      *      *      *      *

§ 39.11.  [Registration] Biennial renewal.

   (a)  [Certificate of registration for nursing home administrators are required to be renewed] Licenses are renewable each biennium, [2 years,] in the even-numbered years.

   (b)  Applications for [a new certificate of registration shall] renewal will be forwarded [biennially] to each active [registrant] licensee at the licensee's address of record with the Board prior to the expiration [date] of the current [biennium certification of registration] biennial period. [However, if for any reason the renewal application is not received, the licensee is obligated to make inquiry of the Board.]

   (c)  [Upon making application for a new certificate, the applicant] As a condition of biennial renewal, licensees shall [submit evidence satisfactory to the Board that] complete 48 clock hours of continuing education during the preceding biennial period [immediately preceding the application for registration, he has attended a Board approved continuation education program or course of study of not less than 24 clock hours] as required in § 39.61 (relating to requirements).

   (d) Renewal [application forms] applications shall be completed and returned to the Board office accompanied by the required renewal fee. Upon approval of each application, the applicant shall receive a certificate of registration for the current renewal period.

   (e) An application for the renewal of a license which has expired shall be accompanied by a late fee, [as determined by the Board in addition to] or a verification of nonpractice, the [prescribed] renewal fee and documentation evidencing the satisfactory completion of the continuing education requirement for the preceding biennial period.

   [(f) The Board may require a personal hearing and representation of satisfactory proof of compliance with section 9(e) of the act (63 P. S. § 1109(e)) before issuing a certificate of registration to a licensee whose certificate of registration has expired for the reasons therein contained.]

§ 39.14.  Approval of programs of study.

   (a)  A program of study designated to [train] educate and qualify an applicant for licensure as a nursing home administrator [as required by the act and this chapter] offered by an accredited university or college shall be deemed acceptable and approved for the purpose, if the program:

   (1)  [The program has been] Is registered with the Board.

   (2)  [The program includes] Includes a minimum of 7 1/2 [contact] clock hours [or their equivalent], in [each of] the following subject areas, appropriate to long-term care:

   (i) [General administration] Administration, organization and management [in nursing homes].

*      *      *      *      *

   (iii)  The role of government in health policy[,] and regulation [and reimbursement].

*      *      *      *      *

   (vi)  [Third-party] Government and third-party reimbursement.

   (vii)  Preparing for licensure/certification/accreditation surveys and meeting other regulatory requirements.

*      *      *      *      *

   (ix)  The nursing department and [patient] resident care management.

*      *      *      *      *

   (xiii)  Dietary department and [patient] resident nutrition.

   (xiv)  Social services, family and community relationships and [patient] resident rights.

*      *      *      *      *

   (b)  [A program of study designed and offered by an association, professional society or organization other than an accredited college or university to meet the requirements and qualifications for biennial registration shall be approved by the Board if:

   (1)  The program has been registered with the Board. The following general subject areas or their equivalents will be considered by the Board for approval for continuing educational hours:

   (i)  General administration, organization and management in nursing homes.

   (ii)  Gerontology, diseases of aging, death and dying.

   (iii)  The role of government in health policy, regulation and reimbursement.

   (iv)  Fiscal management, budgeting and accounting.

   (v)  Personnel management and labor relations.

   (vi)  Third-party reimbursement.

   (vii)  Preparing for licensure/certification surveys and meeting other regulatory requirements.

   (viii)  Understanding regulations, deficiencies, plans of correction and quality assurance.

   (ix)  The nursing department and patient care management.

   (x)  Rehabilitation services and special care services.

   (xi)  Health support services: pharmacy, medical records and diagnostic services.

   (xii)  Facility support services: building/grounds, housekeeping, laundry and central supply.

   (xiii)  Dietary department and patient nutrition.

   (xiv) Social services, family and community relationships and patient rights.

   (xv)  Risk management, safety and insurance.

   (xvi)  Strategic planning, marketing and public relations.

   (2)  The program of study has been submitted to the Board for approval prior to announcement or publication, at least 2 months prior to the anticipated registration of students.

   (c)]  Upon completion of an approved program of study, the sponsors of the program shall issue certificates of attendance or other evidence of attendance satisfactory to the Board.

CONTINUING EDUCATION FOR NURSING HOME ADMINISTRATORS

§ 39.31.  [Purpose] (Reserved).

   [(a)  The Board believes the mandate of continuing education for relicensure of nursing home administrators constitutes a major responsibility of the Board in relation to approval of educational programs. The almost overwhelming growth of the health-care field, with a great proportion of this growth affecting the aging population and long- term facilities, demands that those individuals who assume a leadership role in this area of health-care be knowledgeable in subject matter and skilled in performance. To be effective, this knowledge shall be current and transferable to permit the individual to function in the total sphere of the health-care system.

   (b)  The Board believes that a formal educational setting which is staffed and equipped to offer health and other related educational programs is the preferred setting to accomplish these objectives and that the pattern established at this time will greatly determine the future course of professionalism of the nursing home administrator.]

§ 39.32.  [Guidelines] (Reserved).

   [The following guidelines are to be used to help insure that the educational program is a meaningful, educational experience:

   (1)  The program should provide a clear statement of its educational objectives.

   (2)  The program should selectively utilize the faculty format and educational modalities best suited to the topic.

   (3)  The program should conclude with an evaluation to determine if the educational objectives have been accomplished.]

APPROVAL PROCESS--PROVIDERS

§ 39.41.  Provider registration.

   [(a)  An agency, organization, institution or center] Anyone seeking to offer [an organized] a program for continuing education [may apply to the Board as a provider.

   (b)  Providers seeking Board approval of continuing education programs] shall [complete and submit an application]:

   (1)  Apply for approval as a provider [of continuing education. The application shall be submitted to] on forms provided by the Board [for approval or rejection.

   (c)  Statements made in the application shall be sworn to be true and correct to the best of the provider's information, knowledge and belief.

   (d)  Upon approval of a qualified provider, a provider number will be assigned.

   (e)  Each provider shall indicate the area of expertise on the provider application form supplied by the Board. Programs will be approved only in that area of expertise. A change in the area of expertise shall be recorded and communicated to the Board within 60 days of that change.

   (f)  Each approved provider shall request reregistration each biennium and each application for reregistration shall be accompanied by a statement

   (g)  Applications for initial registration and future reregistration will be sent on request.]

   (2)  File the application at least 60 days prior to the first scheduled date of the program.

   (3)  Register biennially outlining major changes in the information previously submitted.

§ 39.42. [Provider categories] (Reserved).

   [Categories of providers shall include:

   (1)  Academic institutions properly accredited by regional or Pennsylvania Educational Authorities.

   (2)  Health-care or professional organizations.

   (3)  Government agencies.

   (4)  Private recognized institutions or centers.]

§ 39.43.  Standards for [providers] provider approval.

   [(a)  Prior to approval each provider] Prospective providers shall document the following on their applications:

   (1)  [Establish a] The mechanism measuring the quality of the program being offered.

   (2)  [Establish] The criteria for selecting and evaluating faculty instructors, subject matter and instructional materials.

   (3)  [Establish] The criteria for [the evaluation of] evaluating each program [upon completion] to determine its effectiveness.

   [(b)  The provider shall provide adequate facilities and appropriate instructional materials to carry out continuing education programs.

   (c)  The provider shall ensure that the instructors have suitable qualifications and are of good reputation and character.

   (d)  After the completion of each program, the provider shall submit to the Board a roster of those persons completing the program.

   (e)  The provider shall comply with this section, §§ 39.41, 39.42 and 39.51--39.54 as a sponsoring agency for continuing education of nursing home administrators.]

   (4)  A clear statement of educational objectives.

   (5)  The subjects in which proposed programs will be offered.

§ 39.44.  Provider responsibilities.

   For each program, providers shall:

   (1)  Disclose the objectives, content, teaching method and number of clock hours in advance to prospective participants.

   (2)  Open each program to licensees.

   (3)  Provide adequate physical facilities for the number of anticipated participants and the teaching methods to be used.

   (4)  Provide accurate instructional materials.

   (5)  Employ qualified instructors who are knowledgeable in the subject matter.

   (6)   Evaluate the program through the use of questionnaires of the participants and instructors.

   (7)  Issue continuing education records.

   (8)  Retain attendance records, written outlines and a summary of evaluations for a 5-year period.

APPROVAL PROCESS--PROGRAMS

§ 39.51.  Standards for continuing education programs.

   (a)  [The subject material for continuing education shall be within the course subject areas] A program shall consist of the subjects listed in §[§ 39.7 and] 39.14(a)(2 (relating to [subject matter for examinations; and] approval of programs of study). [In addition, providers will be limited to present programs within their area of expertise as indicated on the provider application.]

   (b)  The [content, length and instruction of programs to be approved by the Board shall be consistent in quality with the standards deemed acceptable to the Board and shall be of value in developing skills in long-term or related health-care administrations.] The Board does not deem the following programs acceptable:

   [(c)] (1)  Inservice programs [will not be approved for continuing education credits.

   (d)  A number system code for approved programs will be established by the Board.

   (e)  Each program will do the following:

   (1)  Be subject to onsite review of the program being presented.

   (2)  Establish a mechanism measuring the quality of the program.

   (3)  Establish criteria for selecting and evaluating the faculty.

   (4)  Establish criteria for evaluation of each program upon completion] which are not open to licensees.

   (2)  Programs limited to the organization and operation of the employer.

§ 39.52.  [Application for program approval] Program registration.

   (a)  All programs require preapproval.

   [(a)] (b)  [Each approval provider shall submit a properly documented] An application for program approval shall be submitted at least [90] 60 days before the scheduled starting date. The Board may consider an application submitted within 30 days if the program is limited to significant changes in State or Federal law or regulations which will be implemented within 60 days of their publication.

   [(b)  With the exception of programs listed under §§ 39.62 and 39.64 (relating to college or university courses; and individual programs) only program applications submitted by approved providers will be considered by the Board.]

   (c)  The provider number [of the program sponsor] shall appear on the program application.

   (d)  [Subject material shall be within the course subject areas as listed in §§ 39.7 and 39.14 (relating to subject matter for examinations; and approval of programs of study).

   (e)  Disapproval will include a statement setting forth reasons. Applicants may submit new applications within 10 days after receipt of disapproval. New applications shall document alterations in program to meet Board requirements. Notification will occur as soon as possible within the Board's capability on action taken on new applications.

   (f)]  An [application] applicant for program approval shall [contain] provide the following information:

   (1)  [Full] The full name and address of the eligible provider.

   (2)  [Title] The title of the program.

   (3)  [Dates] The dates and location of the program.

   (4)  Faculty names, [titles, affiliations and degrees] and biographical sketches, including curriculum vitae.

   (5)  [Schedule] A schedule of program--title of subject, lecturer, time allotted and the like.

   (6)  [Total] The total number of [credit] clock hours requested.

   (7)  [Attendance] An attendance certification method.

   (8)  [Provider] A provider number.

   (9)  [Provider category.

   (10)]  Objectives.

   [(11)  Admission requirements.]

   [(12)] (10)  Core subjects.

   [(13)  Program] (11)    The program coordinator.

   [(14)  Instruction and evaluation methods.]

   [(g)] (e)  A program number will be issued on approval of program.

§ 39.53.  [Issuance of program number; revocation] Revocation or suspension of approval.

   (a)  [Once a program has been reviewed and approved by the Board, a program number will be assigned.

   (b)]  A provider may not indicate in any manner that approval has been granted [as a provider or for a program unless a provider number or program number] until notification has been [issued] received from the Board.

   [(c)] (b)  * * *

§ 39.54.  Review.

   (a)  [The Continuing Education Committee of the Board will review provider applications and continuing education program applications submitted. The Committee will make recommendations to the Board for approval or rejection of the applications. Reasons for rejection will be communicated in writing. No member of the Committee will participate in the review of an application in which they have a vested interest.

   (b)]  Approved providers shall be subject to onsite and offsite review of the program being presented by representatives of the Board.

   [(c)] (b)  Ongoing review of a provider will be on a selected basis subject to the physical presence of Board members or appointed representatives selected by the Board to evaluate program content, relevancy and acceptability.

[CREDIT] CLOCK HOURS REQUIREMENT

§ 39.61.  Requirements.

   (a)  [Continuing education consisting of] A licensee shall complete at least 48 clock hours [per biennium shall be required for each licensee] during the preceding biennial period.

   (b)  Of the 48 hours required, the following applies:

   (1)  [Twenty-four hours as a minimum] At least 24 hours shall be [earned by attendance at educational seminars which provide a program previously approved by the Board. Programs presented by seminars shall consist of core subjects listed in §§ 39.7 and 39.14 (relating to subject matter for examinations; and approval of programs of study)] taken in lecture or computer interactive courses approved by NAB or the Board.

   (2)  [A licensee may earn a total of 12 credit hours by actively participating in community, professional and health-care activities. Examples follow:

   (i)  Serving as an elected officer of a health-care-related association or organization recognized by the Board and requiring attendance and participation at all yearly meetings may earn one credit hour per meeting.

   (ii)  Serving on committees, boards, advisory groups and the like of a health-care-related organization recognized by the Board--including government appointment--may earn one credit hour per meeting.

   (iii)  Attending and participating in the annual business meeting of recognized organizations irrespective of holding office or committee membership may earn one credit hour per meeting.

   (iv)  Actively participating as an officer or committee member in voluntary community health-care-related organizations that are recognized by the Board may earn two credit hours per meeting.]

   Up to 24 clock hours may be taken through college or university courses, including distance learning.

   (3)  A maximum of 12 clock hours may be taken in any of the following categories:

   (i)  Individual study.

   [(v)  Publication of professional] (ii) Authoring an article on long-term care. Authors whose articles [relating to nursing home administration] are published in professional journals may earn [three credit] 3 clock hours per article. Additional credit, up to 12 of the required hours may be awarded based on the complexity of the subject matter or work. In exceptional circumstances, if an article is published in a refereed journal, a licensee may be awarded up to 24 clock hours.

   [(iv)  Participation as lecturer in] (iii) Serving as an instructor of a continuing education program or a college or university course. Instructors may earn [three credit hours per presentation] clock hour for each hour of instruction up to 12 clock hours.

   (c)  A licensee who obtains a license after the biennial period begins shall complete only 24 clock hours, of which 12 clock hours shall be taken in NAB or Board approved programs.

   (d)  A licensee suspended for disciplinary reasons is not exempt from the continuing education requirements in subsection (a).

   (e)  A licensee who cannot meet the continuing education requirement due to illness, emergency or hardship may apply to the Board in writing prior to the end of the renewal period for a waiver. The request shall explain why compliance is impossible, and include appropriate documentation. Waiver requests will be evaluated by the Board on a case-by-case basis.

   (f)  A licensee will not be credited for repeating a program in the same renewal period unless the subject matter has substantially changed during that period.

§ 39.62.  [College or university courses] (Reserved).

   [(a)  Credit will be given only for hours actually spent in the classroom, with no more than 24 hours of continuing education credits granted by the Board in any biennium for courses obtained in an accredited university or college.

   (b)  The requests for credits shall be submitted in an application for program approval and assigned a number if approved. Prior approval of the program will not be required. Programs presented by college or university shall consist of core subjects listed in §§ 39.7 and 39.14 (relating to subject matter for examinations; and approval of programs of study).]

§ 39.63.  [Home study courses] (Reserved).

   [No more than 18 hours of continuing education credits will be granted by the Board in any biennium for home study courses. The home study courses shall have prior approval of the Board. Prior approval shall be obtained by the filing of a provider registration approval application by the provider sponsoring the course and by submission of an application for program approval as required by §§ 39.41, 39.51 and 39.54 (relating to provider registration; standards for continuing education programs; and review).]

§ 39.64.  [Individual programs] (Reserved).

   [Credit hours may be obtained on an individual basis for attendance at programs which have not had prior approval of the Board subject to the following:

   (1)  Individuals shall submit proper application for program approval as set forth in § 39.51 (relating to standards for continuing education programs).

   (2)  Individuals must submit supporting documentation and verify attendance.

   (3)  Program subject material shall meet the requirements of core subjects as set forth in § 39.7 and 39.14 (relating to subject matter for examinations; and approval of programs of study).

   (4)  The Board reserves the right to withhold granting credit hours for previously nonapproved individual programs until the review process in § 39.54 (relating to review) is satisfactorily completed.]

§ 39.65.  Reporting continuing education clock hours.

   (a)  A licensee shall provide a copy of the required documentation supporting the completion of the required hours when requested to do so by the Board.

   (b)  Acceptable documentation consists of:

   (1)  A continuing education certificate or sponsor-generated printout.

   (2)  A certified transcript of courses taken for credit in an accredited university or college. For noncredit courses taken, a statement of hours of attendance, signed by the instructor.

   (3)  Evidence of publication for published articles, books or continuing education programs.

   (4)  Evidence obtained from the provider of having been an instructor, including an agenda and time schedule.

   (c)  A licensee is responsible for documenting the continuing education requirements. Required documentation shall be maintained for 4 years after the completion of the program.

   (d)  Failure to comply with this section shall constitute grounds for disciplinary action under section 9(d) of the act (63 P. S. § 1109(d)).

RENEWAL

§ 39.72.  Fees.

   The following is the schedule of fees charged by the Board:

*      *      *      *      *

   Continuing education program application fee
per [credit] clock hour$10

   [Continuing education individual program
application fee$20]

[Pa.B. Doc. No. 99-187. Filed for public inspection February 5, 1999, 9:00 a.m.]



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