STATEMENTS OF POLICY
Title 49--PROFESSIONAL AND VOCATIONAL STANDARDS
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS
[49 PA. CODE CH. 39]
Subordinate Supervision
[29 Pa.B. 1617] The State Board of Examiners of Nursing Home Administrators (Board) adopts the following statement of policy relating to the supervision of an applicant for a license as a nursing home administrator.
Section 39.5(b) (relating to requirements for admission to licensing examination, examination procedures) requires applicants to acquire experience in the practice of nursing home administration under the supervision of a full-time nursing home administrator. Frequently, applicants question whether experience obtained under the supervision by a subordinate of the applicant constitutes experience which satisfies this requirement.
The purpose of this statement of policy is to clarify the regulations and advise applicants that supervision by a subordinate does not constitute acceptable experience unless the subordinate is a full-time nursing home administrator licensed in this Commonwealth and has the authority to direct the applicant during the period of qualified work experience, including transferring, suspending, assigning or discharging the applicant.
This statement of policy is effective upon publication in the Pennsylvania Bulletin.
ROBERT MORROW,
Chairperson(Editor's Note: The regulations of the Board, 49 Pa. Code Chapter 39, are amended by adding a statement of policy in § 39.181 (relating to subordinate supervision--statement of policy.)
Fiscal Note: 16A-624. 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 § 39.18. Subordinate supervision--statement of policy
(a) Background and purpose. Section 39.5 (relating to requirements for admission to licensing examination; examination procedures) requires applicants to acquire experience in the practice of nursing home administration under the supervision of a full-time nursing home administrator. Frequently, the Board is asked to recognize an applicant's experience acquired under the supervision of a nursing home administrator who is a subordinate of the applicant.
(b) Guidelines.
(1) The Board does not view supervision by an applicant's subordinate as acceptable supervisory experience. The Board believes that supervisors need to have the ability to oversee and direct the applicant during the period of qualified work experience, including the ability to transfer, suspend, assign or discharge individuals under their supervision. The Board believes that in most circumstances subordinates, because of the supervisor-subordinate relationship, do not possess the requisite degree of oversight over their supervisor to comply with § 39.5.
(2) The Board recognizes that there may be rare circumstances in which an apparent supervisor-subordinate relationship exists, but the subordinate in fact has the ability to exercise the requisite oversight and direction of the applicant's work experience. In those instances, the applicant would have the burden of proving the supervisory relationship, and the applicant will be given the opportunity to prove to the Board's satisfaction that the subordinate in fact possessed the requisite degree of oversight to comply with the regulation.
[Pa.B. Doc. No. 99-503. Filed for public inspection March 26, 1999, 9:00 a.m.]
No part of the information on this site may be reproduced for profit or sold for profit.This material has been drawn directly from the official Pennsylvania Bulletin full text database. Due to the limitations of HTML or differences in display capabilities of different browsers, this version may differ slightly from the official printed version.
