Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 40 - Professional licensing and facility regulation
Subchapter 05 - Professional Licensing
Part 18 - Assisted Living Residence Administrators
Section 216-RICR-40-05-18.3 - Certification Requirements for Assisted Living Residence Administrators
Universal Citation: 216 RI Code of Rules 40 05 18.3
Current through September 18, 2024
18.3.1 Certification Requirements
A. An assisted living
residence shall have an administrator who is certified by the Department in
accordance with regulations established in this Part, in charge of the
maintenance and operation of the residence and the services to the
residents.
B. No person shall act
as an assisted living residence administrator unless he or she is the holder of
an assisted living residence administrator's certification in accordance with
the statutory provisions of the Act and this Part.
C. The licensing agency shall perform a
criminal background records check on any person applying or reapplying for
certification as an administrator. If disqualifying information is found, the
licensing agency shall make a judgment regarding certification for that
person.
18.3.2 Qualifications for Certification
A. The Department shall issue a certification
as an administrator of an assisted living residence for a period of two (2)
years if the applicant meets all of the following requirements:
1. Eighteen years (18) of age or
older;
2. Good moral
character;
3. Initial training that
meets one (1) of the following criteria:
a.
Successful completion of a training program administered by a Department
approved organization and successful completion of a residential care assisted
living administrator licensing examination as approved by the Department, with
a passing grade as determined by the Department; and have satisfactorily
completed a field experience of at least eighty (80) hours, within a twelve
(12) month period in a training capacity in a Rhode Island-licensed assisted
living residence(s) that shall include training in the following areas:
Administration, Nursing, Activities Department, Admissions, Dietary Department,
Environment/Maintenance.
(1) At the
conclusion of the field experience, the administrator(s) of the licensed
assisted living residence(s) where the field experience was performed shall
attest that the training included each area as set forth above;
or
b. Successful
completion of a degree in a health care-related field from an accredited
college or university that includes coursework as follows:
(1) Gerontology;
(2) Personnel management; and
(3) Financial management.
(4) And have satisfactorily completed a field
experience of at least eighty (80) hours, within a twelve (12) month period in
a training capacity in a Rhode Island licensed assisted living residence(s)
that shall include training in the following areas: Administration, Nursing,
Activities Department, Admissions, Dietary Department,
Environment/Maintenance.
(5) At the
conclusion of the field experience, the administrator(s) of the licensed
assisted living residence(s) where the field experience was performed shall
attest that the training included each area.
(6) And successful completion of a
residential care assisted living administrator licensing examination as
approved by the Department, with a passing grade as determined by the
Department; or
c.
Possession of a current Rhode Island nursing home administrator's license in
good standing.
18.3.3 Application for Certification
A. Application for
certification to practice in this state as an assisted living residence
administrator shall be made on forms provided by the Department which shall be
completed and submitted thirty (30) days prior to the scheduled date of the
Board meeting. Such application shall be accompanied by the following documents
and any required fees as set forth in the Fee Structure for Licensing,
Laboratory and Administrative Services Provided by the Department of Health
(Part 10-05-2 of this Title):
1. Proof of
lawful entry into the country:
a. For U.S.
born applicants, a certified or notarized copy of birth certificate;
b. For foreign born applicants, proof of
lawful entry into the country and eligibility for employment in the United
States.
2. Good Moral
Character: Signed statement on application.
3. Examinations: the results of any required
examination under § 18.3.2 of this Part must be submitted directly to the
Department.
4. Supporting evidence
of education and training credentials in accordance with § 18.3.2 of this
Part: such documentation must be sent directly from the school or training
program to the Department;
5. One
(1) unmounted recent photograph of the applicant (head and shoulder view)
approximately 2 x 3 inches in size;
6. For applicants licensed in another state,
the results of the assisted living residence administrator examination must be
sent directly from the state of original licensure or the examination service
to the Department;
7. Such other
information as the Department may deem necessary.
18.3.4 Certification by Examination / Certification by Endorsement
A. By Examination
1. All applicants, except those applicants
licensed under the provisions of § 18.3.2(A)(3)(c) of this Part, shall be
required to pass a written examination as determined by the Department to test
the qualifications of the applicants to practice as an assisted living
residence administrator pursuant to the statutory and regulatory requirements
of this Part. Prior to sitting for the written examination, an applicant for
certification shall be required to complete all requirements for certification,
as approved by the Board, except for passing the examination.
a. Applicants who have previously tested
unsuccessfully must meet all requirements for licensure prevailing in this
state at the time the retest is administered.
b. In order to qualify for re-examination
after three (3) failures, the applicant must request the same in writing from
the Board, at which time requirements (consisting of additional coursework
and/or training) for re-examination will be determined and must be fulfilled
prior to admittance to a future examination.
B. By Endorsement
1. A certification may be issued to an
assisted living residence administrator without examination to an applicant who
has been licensed by examination in an alternate jurisdiction and who holds a
current license in good standing as an assisted living residence administrator
in said jurisdiction, provided:
a. The Board
finds that the standards for licensure in such other jurisdiction are
substantially equivalent to those prevailing in this state at the time of
application and the applicant meets the qualifications required of assisted
living residence administrators in this state as set forth in §18.3.2 of
this Part;
b. The licensing agency
in each state in which the applicant holds or has held a registration or
license submits to the Board in this state a statement confirming the applicant
to be or have been in good standing;
c. The applicant submits thirty (30) days
prior to the scheduled meeting of the Board, a completed certification
application in accordance with the provisions of § 18.3.4 of this
Part.
18.3.5 Issuance and Renewal of Certification
A. Upon the
recommendation of the Board, the Director shall issue to applicants who have
satisfactorily met the certification requirements of this Part, a certification
to an assisted living residence administrator to function as such in this
state.
B. Assisted living residence
administrator certification, unless sooner suspended or revoked, shall be valid
for a period of two (2) years and shall expire on June 30th of the next
even-numbered year thereafter.
1. Every
person so certified who wishes to renew his or her certification shall file
with the Department by May 1st of the even-numbered years, a renewal
application duly executed together with a two (2) year renewal fee as set forth
in the Fee Structure for Licensing, Laboratory and Administrative Services
Provided by the Department of Health (Part 10-05-2 of this
Title).
C. In May of
every even-numbered year, application for renewal of licensure shall be
accompanied by an attestation statement of the licensee's having completed a
minimum of thirty-two (32) hours biannually of continuing education as provided
in § 18.3.6 of this Part.
1. Assisted
living residence administrators initially licensed after the May 1st renewal
date shall be exempt from the continuing education requirements stated in this
Part until the date of the next renewal cycle (i.e., April 30th of the next
even-numbered year).
D.
Any person who allows his or her certification to lapse by failing to renew it
on or before the first day of July every two (2) years as provided above, may
be reinstated by the Director upon submission of an application, and upon
payment of the current renewal fee, and completion of the continuing education
requirements in accordance with § 18.3.6 of this Part within the immediate
two (2) years prior to the applicant's request for licensure renewal, unless
the certification has been suspended or revoked.
1. Any person using the title of "assisted
living residence administrator" or functioning as an assisted living residence
administrator during the time that his or her certification has lapsed shall be
subject to the penalties for violation of the statutory and regulatory
provisions of this Part.
18.3.6 Mandatory Continuing Education Requirements
A. To be eligible for
re-licensure every two (2) years following initial licensure, a certified
assisted living residence administrator shall have completed thirty-two (32)
hours of Department approved continuing education within the previous two (2)
years.
B. Sixteen (16) hours of the
required thirty-two (32) hours of continuing education in a two-year period
shall be contact hours. The remaining sixteen (16) hours of continuing
education may be non-contact hours.
C. Approved continuing education programs in
assisted-living related areas include those offered or approved by:
1. Rhode Island Association of Facilities and
Services for the Aging (RIAFSA)/LeadingAge RI;
2. Rhode Island Assisted Living Association
(RIALA);
3. Rhode Island Health
Care Association (RIHCA);
4.
Alliance for Better Long Term Care;
5. Rhode Island Chapter, Alzheimer's
Association;
6. Appropriate
coursework from any regionally accredited college;
7. A national affiliate of any of the
organizations listed above;
8. Any
other organizations as may be approved by the Board.
D. It shall be the sole responsibility of the
individual assisted living residence administrator to obtain documentation from
the recognized sponsoring or co-sponsoring organizations, agencies or other, of
his or her participation in the learning experience and the number of dated
credits earned. Furthermore, it shall be the sole responsibility of the
individual to safeguard the documents for review by the Board, if required.
These documents shall be retained by each licensee for no less than four (4)
years and are subject to random audit by the Department.
E. An extension of time to complete the
continuing education requirements may be granted to an assisted living
residence administrator solely at the discretion of the Board for reasons of
hardship or other extenuating circumstances.
18.3.7 Grounds for Denial, Revocation or Suspension of Certification
A. The
Department may suspend, revoke, or refuse to renew the certification of an
assisted living residence administrator for cause, including but not limited
to, failure to maintain compliance with the above qualifications, repeated or
intentional violations of the Act or this Part, or conviction (including but
not limited to a plea of nolo contendere) to charges of resident abuse under
the provisions of R.I. Gen. Laws Chapter 23-17.8, or a conviction of a felony,
or exploitation.
B. The Department
may deny issuance of a certification, suspend, revoke, or refuse to renew any
certification issued under the provisions of the Act and this Part, or may
reprimand, censure or otherwise discipline, or may require participation in
continuing education or professional mentoring or may place an administrator on
probation, upon decision and after hearing in accordance with § 18.4.2 of
this Part upon proof that the licensee engaged in unprofessional conduct which
includes but is not limited to:
1. Has become
unfit or incompetent by reason of negligence, habits, or other causes such as
physical and mental impairment that would interfere with proper performance of
duties;
2. Is in violation of any
of the provisions of the Act or this Part, or acted in a manner inconsistent
with the health and safety of the residents of the residence in which he or she
is the administrator;
3. Has
engaged in fraud or deceit in the practice of assisted living residence
administration or in his or her admission to such practice;
4. Has been convicted in a court of competent
jurisdiction, either within or without this state, of a felony;
5. Neglect or misconduct in professional
practice;
6. Any departure from or
failure to conform to the minimal standards of acceptable and prevailing
practice in assisted living residence administration. Actual injury to a
resident need not be established.
C. If an assisted living residence
administrator is placed on probation, the Department may require the licensee
to:
1. Report regularly to the Department on
matters that are the basis of the probation;
2. Limit practice to the areas prescribed by
the Department; or
3. Complete a
prescribed program of continuing professional education until the licensee
attains a degree of skill satisfactory to the Department in those areas that
are the basis of the probation.
D. All hearings and reviews as may be
required in this Part shall be conducted in accordance with the provisions of
§ 18.4.2 of this Part.
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