PROPOSED RULEMAKING
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
[ 49 PA. CODE CH. 39 ]
Temporary Permits
[38 Pa.B. 1168]
[Saturday, March 8, 2008]The State Board of Examiners of Nursing Home Administrators (Board) proposes to amend §§ 39.1, 39.4 and 39.17 (relating to definitions; admission to practice; and temporary permits--statement of policy) to read as set forth in Annex A.
A. Effective Date
The proposed amendments will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin.
B. Satutory Authority
Section 14 of the Nursing Home Administrators License Act (act) (63 P. S. § 1114) authorizes the Board to issue temporary permits. The Board is also authorized under section 4(c) of the act (63 P. S. § 1104(c)) to make rules and regulations as may be necessary for the proper performance of its duties.
C. Background and Need for Amendments
The Board is authorized to issue temporary permits to applicants in the event of unusual circumstances affecting the administration of a nursing home. The permits are issued without examination and permit the holder to serve as a nursing home administrator only in the particular facility indicated on the application for a period not to exceed 1 year. The proposed amendments would clarify, update and expand on the temporary permit requirements.
D. Description of Proposed Amendments
§ 39.1 (relating to definitions)
Section 39.1 defines a temporary permit as a permit issued by the Board for up to 1 year in the event of unusual circumstances affecting the administration of a nursing home. The Board proposes to amend the definition to clarify that the permit authorizes a person not licensed by the Board to serve as a nursing home administrator only in the particular facility indicated on the permit application for up to 1 year. The Board believes that this amended definition will remove the ambiguity in the current regulation by specifying that it is an unlicensed person who may be authorized to serve as a nursing home administrator.
§ 39.4 (relating to admission to practice; temporary permits)
The proposed amendments to § 39.4 expand, clarify and refine the conditions and requirements for the issuance of temporary permits. The Board is proposing to add three new substantive subparagraphs to § 39.4(3) and to renumber the remaining subparagraphs.
New subparagraph (iii) would move, refine and clarify the Board's present policy contained in § 39.17 (relating to policy statement regarding temporary permits) that the Board will not issue temporary permits to applicants who fail to pass the nursing home administrators licensing examination. If an individual has previously failed to pass the licensure examination, the Board believes that individual is unqualified to hold a temporary permit and to act as a nursing home administrator. Because the examination consists of both a National and State component, the Board makes it clear that applicants failing either part will not be granted a temporary permit.
New subparagraph (vi) would provide that a temporary permit will become void if the holder fails to pass any part of the nursing home administrators licensing examination. The Board receives many requests for permits from individuals who apply for licensure as a nursing home administrator either concurrently or subsequent to obtaining a temporary permit. Those individuals will be taking the licensure examination. As stated previously, if an individual fails to pass the licensure examination, that individual is unqualified to hold a temporary permit and to act as a nursing home administrator.
New subparagraph (vii) would clarify the current policy of the Board, which requires the temporary permitholder to relinquish and return the permit once the condition which necessitated the issuance of the temporary permit ceases or when the permit holder fails any part of the examination.
The Board proposes to retain and renumber the subparagraphs requiring public notice of the grant of temporary permit and requiring that the applicant and owner or representative of the governing body of the nursing home must appear before the Board prior to the issuance of a temporary permit.
§ 39.17 (relating to temporary permits--statement of policy)
Current § 39.17 is a policy statement regarding temporary permits. Subsection (a) clarifies that temporary permits will not be issued to fill positions that have been vacated due to intracompany promotions and transfers. The Board believes that temporary permits are for the benefit of facilities experiencing an unusual situation affecting the immediate administration of the nursing home and that intracompany transfers do not satisfy this requirement.
Subsection (b) clarifies that experience gained while holding a temporary permit will not be credited toward the experience requirement in § 39.5 (relating to requirements for admission to licensing examination; examination procedures). The Board believes that the temporary permit is for the benefit of the facility experiencing an unusual circumstance and not for the benefit of an individual applying to take the nursing home administrator examination. The Board has carefully considered the examination requirements and does not want those requirements circumvented with the use of a temporary permit.
E. Fiscal Impact
The proposed amendments will have no adverse fiscal impact on the Commonwealth or its political subdivisions because the costs of the Board's activities are supported by fees charged to licensees and others who benefit from specific activities of the Board.
F. Paperwork Requirements
The proposed amendments will impose no additional paperwork requirements upon the Commonwealth or its political subdivisions or the private sector.
G. Sunset Date
The Board continuously monitors the effectiveness of 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 February 27, 2008, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and to the Chairpersons of the Senate Consumer Protection and Professional Licensure Committee and the House Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey any comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections shall specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
I. Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Christina Stuckey, Administrator, State Board of Examiners of Nursing Home Administrators, P. O. Box 2649, Harrisburg, PA 17105-2649, (cstuckey@ state.pa.us) within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Please reference No. 16A-629 (Temporary Permits) when submitting comments.
BARRY S. RAMPER, II, NHA,
ChairpersonFiscal Note: 16A-629. 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:
* * * * * Temporary permit--A permit [which may be] issued by the Board which authorizes a person not licensed by the Board to serve as a nursing home administrator only in the particular facility indicated on the permit application for up to 1 year in the event of unusual circumstances affecting the administration of a nursing home, such as the death, disability, resignation or dismissal of the licensed administrator or other emergency as determined by the Board.
§ 39.4. Admission to practice; temporary permits.
Admission to the practice of nursing home administration in this Commonwealth will be granted by the Board as follows:
* * * * * (3) By issuance of a temporary permit to an applicant who meets the requirements of section 14 of the act (63 P. S. § 1114) and of this chapter. The issuance of a temporary permit is subject to the following conditions:
* * * * * (ii) The issuance of a temporary permit will not be construed to mean that the holder qualifies to sit for the nursing home administrators licensing examination.
(iii) The Board will not issue a temporary permit to an applicant who has failed to pass any part of the nursing home administrators licensing examination.
(iv) Public notice of the issuance of a temporary permit will be given by the Board in accordance with 45 Pa.C.S. §§ 301--310 (relating to the Newspaper Advertising Act), with the cost of advertising the notice to be paid by the holder of the temporary permit. The public notice concerning the temporary permit will be advertised in a daily newspaper published in the county where the nursing home is located, once a week for 3 consecutive weeks, and will contain the following information: the name and address of the holder of the temporary permit, the name and address of the nursing home which the holder of the temporary permit is permitted to serve, the reason for the issuance of the temporary permit, the period for which the temporary permit is issued, the date the temporary permit expires and other information the Board may require as relevant.
[(iv)] (v) Prior to the issuance of a temporary permit, the applicant shall appear before the Board accompanied by the manager, owner or representative of the governing body of the facility in which the applicant will be acting as a nursing home administrator if the permit is issued.
(vi) A temporary permit becomes void if either the holder fails to pass any part of the nursing home administrators licensing examination or the facility obtains the services of a licensed nursing home administrator and the holder must cease performing his duties as a temporary nursing home administrator immediately upon the occurrence of either event.
(vii) The temporary permit holder shall notify the Board and immediately return the temporary permit to the Board if the holder fails to pass any part of the nursing home administrators licensing examination or when the facility obtains the services of a licensed nursing home administrator.
§ 39.17. [Policy statement regarding temporary] Temporary permits--statement of policy.
(a) The Board will not issue temporary permits to applicants who wish to fill positions that have been vacated for reasons such as intracompany promotions and transfers. [The Board will not extend or reissue temporary permits to applicants who fail to pass the Nursing Home Administrators Licensing Examination.]
(b) The issuance of a temporary permit is not intended to create a suitable candidate for licensure. The Board will not consider any experience gained in the practice of nursing home administration while serving under a temporary permit to qualify an applicant for licensure by examination under § 39.5 (relating to requirements for admission to licensing examination; examination procedures).
[Pa.B. Doc. No. 08-397. Filed for public inspection March 7, 2008, 9:00 a.m.]
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