RULES AND REGULATIONS
Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
[ 49 PA. CODE CH. 39 ]
Notice Requirements
[46 Pa.B. 7272]
[Saturday, November 19, 2016]The State Board of Examiners of Nursing Home Administrators (Board) adds §§ 39.92 and 39.93 (relating to reporting of crimes and disciplinary actions; and return of actively suspended or revoked licenses) to read as set forth in Annex A.
Effective Date
This final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Statutory Authority
Sections 8.1(b) and 12(a)(4) and (6) of the Nursing Home Administrators License Act (act) (63 P.S. §§ 1108.1(b) and 1112(a)(4) and (6)) authorize the Board to discipline licensees who have been convicted of or plead guilty or nolo contendere to a felony or have been disciplined by the licensing authority of another state, territory or country. Section 9.1 of the act (63 P.S. § 1109.1) requires licensees to notify the Board of disciplinary sanctions by other licensing boards within 90 days of disposition or on biennial renewal applications, whichever is sooner. Additionally, section 13(a.1) of the act (63 P.S. § 1113(a.1)) directs the Board to require a person whose license has been suspended or revoked to return the license in the manner the Board directs.
Background and Purpose
Although the previously cited sections of the act authorize the Board to discipline licensees with felony convictions, the Board's regulations do not require that its licensees report these convictions to the Board in advance of biennial renewal. It may be almost 2 years before the Board first learns of the convictions. To ensure that the Board receives information about these convictions in a timelier manner, the Board adds § 33.92 to expedite the reporting of felony convictions. Because the Board is adding the reporting requirements for felony convictions, the Board finds it prudent to include the reporting requirement for disciplinary sanctions taken by other states against licensees as provided in section 9.1 of the act.
Additionally, although the act directs the Board to require licensees to return suspended and revoked licenses to the Board, there was no requirement that they be returned within a specified time. To ensure that licensees return their licensure documents in a timelier manner, the Board is adding § 39.93 to require their return within 30 days of a voluntary surrender, suspension or revocation.
Summary and Responses to Comments
Notice of proposed rulemaking was published at 44 Pa.B. 5490 (August 16, 2014), with a 30-day public comment period during which the Board did not receive any comments. The Independent Regulatory Review Commission (IRRC) submitted a letter advising that it did not have objections, comments or recommendations. Neither the House Professional Licensure Committee (HPLC) nor the Senate Consumer Protection and Professional Licensure Committee (SCP/PLC) submitted comment.
As there were no comments, objections or recommendations regarding the proposed rulemaking, the Board has not made substantive amendments to this final-form rulemaking. However, the Board is correcting an error made in the publication of the proposed rulemaking pertaining to the use of the legal term of art ''disposition in lieu of trial'' which is used in section 12(a)(4) of the act and is commonly used in criminal law. See, for example, section 18 of The Controlled Substance, Drug, Device and Cosmetic Act (35 P.S. § 780-118).
Fiscal Impact and Paperwork Requirements
The requirement that licensees report criminal actions and disciplinary sanctions to the Board within 30 and 90 days, respectively, should have a slight fiscal and paperwork impact on the Board and licensees. Currently, licensees report this information on their biennial renewal applications. Under this final-form rulemaking, these reports shall be made sooner, triggering additional paperwork responsibilities for licensees. The Board anticipates that it will see an increase in reports as licensees comply with the regulatory requirement thereby incurring additional enforcement costs.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P.S. § 745.5(a)), on August 5, 2014, the Board submitted a copy of the notice of proposed rulemaking, published at 44 Pa.B. 5490, to IRRC and the Chairpersons of the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, the Board shall submit to IRRC, the HPLC and the SCP/PLC copies of comments received during the public comment period, as well as other documents when requested.
Under section 5.1(j.2) of the Regulatory Review Act (71 P.S. § 745.5a(j.2)), on October 19, 2016, the final-form rulemaking was deemed approved by the HPLC and the SCP/PLC. Under section 5(g) of the Regulatory Review Act, the final-form rulemaking was deemed approved by IRRC effective October 19, 2016.
Additional Information
Additional information may be obtained by writing to Christina Stuckey, Board Administrator, State Board of Examiners of Nursing Home Administrators, P.O. Box 2649, Harrisburg, PA 17105-2649, ST-NHA@pa.gov.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P.L. 769, No. 240) (45 P.S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) This final-form rulemaking is necessary and appropriate for the regulation of nursing home administrators in this Commonwealth.
Order
The Board orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 39, are amended by adding §§ 39.92 and 39.93 to read as set forth in Annex A.
(b) The Board shall submit a copy of Annex A to the Office of the Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall submit this order and Annex A to IRRC, the HPLC and the SCP/PLC as required by law.
(d) The Board shall certify this order and Annex A and shall deposit them with the Legislative Reference Bureau as required by law.
(e) The regulations shall take effect immediately upon publication in the Pennsylvania Bulletin.
MARY ANN HEWSTON,
Chairperson(Editor's Note: See 46 Pa.B. 7051 (November 5, 2016) for IRRC's approval order.)
Fiscal Note: Fiscal Note 16A-6217 remains valid for the final adoption of the subject regulations.
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
STANDARDS OF PROFESSIONAL PRACTICE AND PROFESSIONAL CONDUCT § 39.92. Reporting of crimes and disciplinary actions.
(a) A licensee shall notify the Board of having been convicted of a felony, or having received probation without verdict, disposition in lieu of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges, within 30 days of the conviction or other disposition, or on the biennial renewal application, whichever is sooner. As used in this section, ''convicted'' includes a judgment, an admission of guilt or a plea of nolo contendere.
(b) A licensee shall notify the Board of disciplinary action in the nature of a final order taken against the licensee by the licensing authority of another state, territory or country within 90 days of receiving notice of the disciplinary action, or on the biennial renewal application, whichever is sooner.
§ 39.93. Return of actively suspended or revoked licenses.
A licensee who has voluntarily surrendered a license instead of discipline or whose license has been actively suspended or revoked by the Board shall return the surrendered, suspended or revoked license to the Board within 30 days of the action.
[Pa.B. Doc. No. 16-1987. Filed for public inspection November 18, 2016, 9:00 a.m.]
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