The Board proposes a rule amendment to update the rule language to clarify the eligibility requirements for licensure by examination and endorsement.

 

DEPARTMENT OF HEALTH

Board of Nursing Home Administrators

RULE NO.:RULE TITLE:

64B10-11.002Eligibility Requirements for Licensure

PURPOSE AND EFFECT: The Board proposes a rule amendment to update the rule language to clarify the eligibility requirements for licensure by examination and endorsement.

SUMMARY: The proposed rule amendment will clarify the rule language.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COSTS AND LEGISLATIVE RATIFICATION:

The Agency has determined that this will not have an adverse impact on small business or likely increase directly or indirectly regulatory costs in excess of $200,000 in the aggregate within one year after the implementation of the rule. A SERC has not been prepared by the Agency.

The Agency has determined that the proposed rule is not expected to require legislative ratification based on the statement of estimated regulatory costs or if no SERC is required, the information expressly relied upon and described herein: During discussion of the economic impact of this rule at its Board meeting, the Board concluded that this rule change will not have any impact on licensees and their businesses or the businesses that employ them. The rule will not increase any fees, business costs, personnel costs, will not decrease profit opportunities, and will not require any specialized knowledge to comply. This change will not increase any direct or indirect regulatory costs. Hence, the Board determined that a Statement of Estimated Regulatory Costs (SERC) was not necessary and that the rule will not require ratification by the Legislature. No person or interested party submitted additional information regarding the economic impact at that time.

Any person who wishes to provide information regarding a statement of estimated regulatory costs, or provide a proposal for a lower cost regulatory alternative must do so in writing within 21 days of this notice.

RULEMAKING AUTHORITY: 456.017, 468.1685(1), 468.1695(1), (2) FS.

LAW IMPLEMENTED: 456.017, 468.1685(2), 468.1695(1), (2), 468.1705 FS.

IF REQUESTED WITHIN 21 DAYS OF THE DATE OF THIS NOTICE, A HEARING WILL BE SCHEDULED AND ANNOUNCED IN THE FAR.

THE PERSON TO BE CONTACTED REGARDING THE PROPOSED RULE IS: Anthony Spivey, Executive Director, Board of Nursing Home Administrators, 4052 Bald Cypress Way, Bin #C07, Tallahassee, Florida 32399-3257, [e-mail].

 

THE FULL TEXT OF THE PROPOSED RULE IS:

 

64B10-11.002 Eligibility Requirements for Licensure.

(1) No change.

(2) Licensure by Examination. To establish eligibility for licensure as a nursing home administrator by examination under Section 468.1695, F.S., the applicant must prove that the applicant has:

(a) through (c) No change.

d. If a facility employs unlicensed individuals in the position of assistant administrator, the Board will consider such employment as evidence of the applicant's supervised direct management experience, but employment in the position of assistant administrator shall not be sufficient in itself to conclusively establish eligibility for licensure under this subparagraph.

(3) Licensure by Endorsement. To establish eligibility for licensure as a nursing home administrator by endorsement under Section 468.1705, F.S., the applicant must:

(a) through (c) No change.

Rulemaking Authority 456.017, 468.1685(1), 468.1695(1), (2) FS. Law Implemented 456.017, 468.1685(2), 468.1695(1), (2), 468.1705 FS. History–New 12-26-79, Amended 3-1-82, 7-29-82, Formerly 21Z-11.02, Amended 1-18-87, 6-2-87, 12-3-90, Formerly 21Z-11.002, 61G12-11.002, Amended 7-16-95, Formerly 59T-11.002, Amended 5-15-00, 11-6-02, 8-30-05, 11-8-07, 12-2-13, 7-8-15, 5-11-16,                    .

 

NAME OF PERSON ORIGINATING PROPOSED RULE: Board of Nursing Home Administrators

NAME OF AGENCY HEAD WHO APPROVED THE PROPOSED RULE: Board of Nursing Home Administrators

DATE PROPOSED RULE APPROVED BY AGENCY HEAD: August 14, 2020

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: October 15, 2020