PROPOSED RULEMAKING
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
[49 PA. CODE CH. 39]
Continuing Education
[39 Pa.B. 1005]
[Saturday, February 21, 2009]The State Board of Examiners of Nursing Home Administrators (Board) proposes to amend § 39.61 (relating to requirements), to read as set forth in Annex A. The proposed amendment would clarify, update and expand on the continuing education requirements.
A. Effective Date
The proposed amendment will be effective upon publication of final-form rulemaking in the Pennsylvania Bulletin.
B. Statutory Authority
The Board has authority to adopt regulations pertaining to continuing education under sections 4(c) and 9(b) of the Nursing Home Administrators License Act (act) (63 P. S. §§ 1104(c) and 1109(b)).
C. Background and Need for Amendments
Section 9(b) of the act requires licensees to complete continuing education as a condition of biennial renewal. The proposed amendments to § 39.61 clarify, update, and expand on the continuing education clock hour requirements.
D. Description of Proposed Amendments
The proposed amendment to § 39.61(b) clarifies that the 48 required continuing education clock hours must be completed in courses preapproved by the National Association of Boards of Examiners of Long-Term Care Administrators (NAB) or the Board, except in limited circumstances, including serving as an instructor or authoring an article, or when a course is approved retroactively under subsection (c)(5) for those continuing education courses that have not been preapproved.
Currently, there are restrictions placed on the number of continuing education clock hours that may be completed based on the modality of instruction. For example, licensees are required to take at least 24 hours in lecture or computer interactive courses; and licensees are permitted to take a maximum of 24 clock hours through college or university courses and a maximum of 12 hours in correspondence courses. The Board believes that these restrictions are outdated and should be lifted. The proposed amendment would permit licensees to take all 48 clock hours in any of the various modalities, including lecture, college or university, computer interactive, distance learning or correspondence courses, so long as the courses are approved by NAB or the Board.
In addition, the Board is proposing an amendment to increase the amount of time, from 30 days to 60 days, that a licensee would have in which to gain Board approval for authoring an article on long-term care after publication or for attending programs which have not been preapproved by NAB or the Board. Section 39.61(c)(5) would also raise the maximum number of clock hours that may be awarded for attending programs which have not been preapproved by NAB or the Board, from 6 to 12, so long as the licensee submits the required documentation to the Board within 60 days of attending the program.
Finally, § 30.61(f) would be amended to clarify that when the Board determines that a licensee requesting a waiver has not met the ''illness, emergency or hardship'' standard for grant of a waiver, the Board may elect to grant the licensee an extension of time to complete the continuing education clock hours.
E. Fiscal Impact
The proposed amendment will have no adverse fiscal impact on the Commonwealth or its political subdivisions.
F. Paperwork Requirements
The proposed amendment 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 cost 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 11, 2009, 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 Roberta Silver, Board Counsel, State Board of Examiners of Nursing Home Administrators, P. O. Box 2649, Harrisburg, PA 17105-2649, within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-6212 (Continuing Education) when submitting comments.
BARRY S. RAMPER, II,
ChairpersonFiscal Note: 16A-6212. 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
CLOCK HOURS REQUIREMENT § 39.61. Requirements.
(a) A licensee shall complete at least 48 clock hours of continuing education during the preceding biennial period.
(b) [Of the 48 hours required, the following apply:] All continuing education clock hours shall be completed in courses preapproved by NAB or the Board, except as provided in subsection (c)(2)--(5).
(c) Of the 48 clock hours required, the following apply:
(1) [At least 24 hours shall be taken in lecture or computer interactive courses approved by NAB or the Board.
(2) Up to 24 clock hours may be taken through college or university courses, including distance learning, approved by NAB or the Board.] Up to 48 clock hours may be taken in lecture, college or university, computer interactive, distance learning or correspondence courses preapproved by NAB or the Board.
[(3)] (2) A maximum of 12 clock hours may be [taken in the following categories:
(i) Individual study using NAB or Board-approved correspondence courses.
(ii) Serving] earned by serving as an instructor of a NAB or Board-approved continuing education program or as an instructor of a college or university course approved by NAB or the Board. Instructors may earn 1 clock hour for each hour of instruction up to 12 clock hours.
[(4) Authoring] (3) Clock hours may be earned by authoring an article on long-term care[.] as follows:
(i) Authors whose articles relating to long-term care are published in professional journals may earn 3 clock hours per article, up to a maximum of 12 clock hours per biennium.
(ii) Additional credit per article, up to 12 of the required clock hours, may be awarded based on the complexity of the subject matter or work.
(iii) In exceptional circumstances, when the article is published in a refereed journal, and the subject matter or work is complex, a licensee may be awarded up to 24 clock hours.
(iv) Published articles used for continuing education credit shall be submitted to the Board within [30] 60 days of publication. Upon review of the published article, the Board will determine the appropriate number of clock hours to be awarded based upon the complexity of the subject matter or work.
(4) Up to 24 clock hours may be obtained by serving as a supervisor in a Board-approved AIT program, when the AIT successfully completes the AIT program.
[(6)] (5) A maximum of [6] 12 clock hours may be awarded retroactively for attending programs, to include lectures, and college or university courses, which have not been preapproved. The attendee shall submit a written request for approval within [30] 60 days of attending the program and document attendance. The attendee shall demonstrate to the Board's satisfaction that the programs meet the requirements of §§ 39.14(a)(2) and 39.51 (relating to approval of programs of study; and standards for continuing education programs).
[(c)] (d) A licensee who obtains a license after the biennial period begins shall complete a prorated amount of clock hours equal to 2 clock hours per month through the end of the biennial period. For the purpose of calculating the number of clock hours required, partial months shall count as whole months.
[(d)] (e) A licensee suspended for disciplinary reasons is not exempt from the continuing education requirements in subsection (a).
[(e)] (f) 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] must explain why compliance is impossible, and include appropriate documentation. Waiver requests will be evaluated by the Board on a case-by-case basis. When the Board determines that a licensee has not met the illness, emergency or hardship requirement for the grant of a waiver, the Board may grant an extension of time for the licensee to complete the continuing education requirement.
[(f)] (g) 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.
[Pa.B. Doc. No. 09-300. Filed for public inspection February 20, 2009, 9:00 a.m.]
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