Current through September 18, 2024
32.3.1
License
Requirement
Pursuant to R.I. Gen. Laws §
5-45-5, no nursing home in Rhode
Island shall operate except under the supervision of a nursing home
administrator, and no person shall be a nursing home administrator unless he or
she is the holder of a sufficient nursing home administrator's license in
accordance with the statutory provisions of the Act and this Part.
32.3.2
Qualifications for
Licensure
A. In addition to the
qualifications for licensure stated in R.I. Gen. Laws §
5-45-7, an applicant seeking
licensure as a nursing home administrator in Rhode Island must:
1. Have satisfactorily completed in a
nationally or regionally accredited college or university of higher learning at
least a bachelor's degree in the field of health care administration or a
bachelor's degree and satisfactory evidence of completion of a minimum of
fifteen (15) credit hours in a course of instruction, in a nationally or
regionally accredited college or university of higher learning, to include each
of the five (5) content areas as set forth below:
a. Resident care management in nursing
homes;
b. Personnel
management;
c. Financial
management;
d. Environmental
management of nursing homes; and
e.
Governance and management of nursing homes.
2. Have satisfactorily completed a field
experience of at least three hundred fifty (350) hours, within a twelve (12)
month period in an Administrator-in-Training capacity in a licensed nursing
facility, which shall include training in the following areas:
a. Administration;
b. Human Resources;
c. Nursing Department;
d. Rehabilitation Department;
e. Medical/Patient Records;
f. Activities Department;
g. Social Services/Admissions;
h. Business Office;
i. Dietary Department;
j. Housekeeping/Laundry; and
k. Environment/ Maintenance.
l. At the conclusion of the field experience,
the administrator of the licensed nursing facility where the field experience
was performed must attest that the training included each area;
3. Have successfully completed the
licensing examination as determined by the Board and the Director in accordance
with the provisions of §32.3.4 of this Part.
32.3.3
Application for
Licensure
A. Application for licensure
to practice in Rhode Island as a nursing home 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:
1. Supporting official transcripts of
education and training credentials in accordance with §32.3.2 of this
Part; such documentation must be sent directly from the school to the
Department and must bear the signature of the registrar and the imprint of the
school seal;
2. For applicants
licensed in another state, the results of the nursing home administrator
examination must be sent directly from the state of original licensure or the
examination service to the Department;
3. Such other information as the Director may
deem necessary.
32.3.4
Licensing of Nursing Home
Administrators
A. By Examination
1. Applicants shall be required to pass a
written examination as determined by the Board and the Director to test the
qualifications of the applicants to practice as a nursing home administrator
pursuant to the provisions of the Act and this Part. Prior to sitting for the
written examination, an applicant for licensure shall be required to complete
all requirements for licensure, as approved by the Board, except for passing
the examination. Applicants who have previously tested unsuccessfully must meet
all requirements for licensure prevailing in Rhode Island at the time the
retest is administered.
a. For written
examination, the Board has designated the National Association of Board of
Examiners of Long Term Care Administrators (NAB) as the organization to test
the applicant's competency, skill and knowledge of nursing home
administration.
b. The national
examination recommended passing score will be accepted by the Department as the
minimal passing score.
B. By Endorsement
1. A license may be issued to a nursing home
administrator without examination to an applicant who holds a current license
in good standing as a nursing home administrator in another jurisdiction,
provided:
a. The Department finds that the
standards for licensure in such other jurisdiction are substantially equivalent
to those prevailing in Rhode Island at the time of application;
b. The licensing agency in each state in
which the applicant holds or has held a registration or license submits to the
Board a statement confirming the applicant to be or have been in good standing;
and the applicant provides written documentation from the nursing home
licensing authority in each jurisdiction where the applicant has been licensed
attesting to the absence of findings of substandard care, fines, or admission
restrictions in an administered licensed long-term care facility which he/she
administered within the most recent three (3) years prior to application. (If
such findings exist, the applicant may be allowed the opportunity to appear
before the Board to offer explanation); and
c. The applicant supplies evidence to the
Board of completion of forty (40) hours of continuing education in the most
recent two (2) years prior to application; and
d. The applicant submits a completed
licensure application in accordance with the provisions of §32.3.3 of this
Part; and
(1) The applicant meets the
qualifications required of nursing home administrators in Rhode Island as set
forth in §32.3.2 of this Part; or
(2) The applicant is currently certified by
and in good standing with the American College of Health Care Administrators
(ACHCA), or
(3) The applicant meets
all of the following requirements:
(AA) Has
earned a bachelor's degree; and
(BB) Has no less than three (3) years
experience (in the most recent five [5] years prior to application) as a
licensed nursing home administrator of a licensed long-term care facility or
has been in a management position with no less than three (3) years experience
(in the most recent five [5] years) having direct responsibility for overseeing
and directing three (3) or more licensed nursing home administrators;
and
(CC) Successful completion of
the national examination in accordance with §32.3.4(A)(1)(a) of this
Part.
32.3.5
Issuance and Renewal of License
and Fee
A. Upon the recommendation of
the Board, the Department shall issue to applicants who have satisfactorily met
the licensure requirements of this Part, a license to a nursing home
administrator to function as such in Rhode Island. Said license unless sooner
suspended or revoked shall expire on June 30th of the next regular expiration
date following the date of issuance of the original license and every two (2)
years on June 30th of the next even numbered year thereafter.
B. Every licensed person who wishes to renew
his or her license shall file with the Department by June 1st, a renewal
application together with a 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).
1. In
June of every even numbered year, application for renewal of licensure shall be
accompanied by or supported by evidence of the licensee's having completed a
minimum of forty (40) hours of continuing education as provided in §32.3.6
of this Part. Said requirement shall be pro-rated as necessary by the
Department to reflect periods of less than two (2) years of licensure prior to
renewal.
C. Any person
who allows his or her license 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 Department upon submission of an application and on payment of the current
renewal fee, and completion of the continuing education requirements in
accordance with §32.3.5(B)(1) of this Part within the immediate two (2)
years prior to the applicant's request for licensure renewal, unless license
has been suspended or revoked.
1. Any person
using the title of "nursing home administrator" or functioning as a nursing
home administrator during the time that his or her license has lapsed shall be
subject to the penalties for violation of the provisions of the Act and this
Part.
32.3.6
Mandatory Continuing Education
A. Programs for continuing education which
are acceptable for continuing education credits set forth in §32.3.5(B)(1)
of this Part and in accordance with §32.3.2(A)(1) of this Part for nursing
facility administrators shall be presented by:
1. The RI Health Care Association
2. The RI Association of Facilities for the
Aging/LeadingAge RI
3. The American
College of Health Care Administrators
4. The Alliance for Better Long Term
Care
5. Nationally recognized
associations of the aforementioned groups
6. Any duly accredited college or
university
7. Programs approved by
the National Continuing Education Review Service (NCERS) of the National
Association of Boards of Examiners of Long Term Care Administrators.
B. Thirty (30) hours of the
required forty (40) hours of continuing education in a two (2) year period
shall be contact hours, as defined in this Part. The remaining ten (10) hours
of continuing education may be non-contact hours.
C. It shall be the sole responsibility of the
individual nursing home 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.
D. An extension of time to complete the
continuing education requirements may be granted to a nursing home
administrator solely at the discretion of the Board for reasons of hardship or
other extenuating circumstances.
32.3.7
Grounds for Denial, Revocation
or Suspension of License
A. Pursuant
to the statutory provisions of R.I. Gen. Laws §
5-45-12, the Department may deny
issuance of a license or suspend or revoke any license issued under the
provisions of the Act and this Part, or may reprimand, censure or otherwise
discipline, upon decision and after hearing in accordance with §32.4.2 of
this Part upon proof that the licensee engaged in unprofessional conduct which
includes but is not limited to those grounds stated in R.I. Gen. Laws §
5-45-12(a), and:
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. Neglect or misconduct in professional
practice; and
3. Any departure from
or failure to conform to the minimal standards of acceptable and prevailing
practice in nursing home administration. Actual injury to a patient/client/
resident need not be established.
B. All hearings and reviews as may be
required by this Part shall be conducted in accordance with the provisions of
§32.4.2 of this Part.