For Rule 64B10-11.002, F.A.C., to clarify existing rule provisions and assist applicants in establishing their eligibility for licensure; for Rule 64B10-11.003, F.A.C., to clarify and reword existing rule.

Notice of Proposed Rule

 

DEPARTMENT OF HEALTH

Board of Nursing Home Administrators

RULE NOS.:RULE TITLES:

64B10-11.002Eligibility for Licensure

64B10-11.003Reexamination

PURPOSE AND EFFECT: For Rule 64B10-11.002, F.A.C., to clarify existing rule provisions and assist applicants in establishing their eligibility for licensure; for Rule 64B10-11.003, F.A.C., to clarify and reword existing rule.

SUMMARY: For Rule 64B10-11.002, F.A.C., clarify existing rule provisions and assist applicants; for Rule 64B10-11.003, F.A.C., clarify existing rule.

SUMMARY OF STATEMENT OF ESTIMATED REGULATORY COST 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: For Rule 64B10-4.001, F.A.C., the rule language clarifies existing provisions and adds language which will assist applicants in establishing their eligibility for licensure. Because the language will reduce confusion, as well as streamline the processing of applications, the Board expects the amendments will reduce costs to applicants, small businesses, and the government; for Rule 64B10-4.004, F.A.C., the rewording clarifies the existing rule which will reduce confusion among those subject to the rule, thereby reducing costs to all entities, including small business and government.

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, (2), 468.1685(1), 468.1695(1), (2) FS.

LAW IMPLEMENTED: 456.017, (2), 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 ANNOUNCED IN THE NEXT AVAILABLE FLORIDA ADMINISTRATIVE REGISTER.

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

 

THE TEXT OF THE PROPOSED RULE IS:

 

64B10-11.002 Eligibility for Licensure.

(1) No change.

(a) The Board approves the Nursing Home Administrators Examination (national examination) developed and administered by the National Association of Boards of Examiners of Nursing Home Administrators.

(b) No change.

(2) To establish eligibility for licensure as a nursing home administrator by examination under Section 468.1695, F.S., the applicant must prove successfully pass the required examinations in subsection (1), and must provide that the applicant holds:

(a) Successfully passed the examinations required in subsection (1). If the applicant has previously taken the national examination in order to obtain licensure in another state, the Board will accept the results of that examination in satisfaction of the requirement in paragraph (1)(a) as long as the applicant achieved licensure in that state and obtained a passing score on or before the third (3rd) attempt.

(b)(a) A baccalaureate degree or higher from an accredited college or university with a major in health care administration, health services administration, or an equivalent major, or has credit for at least 60 semester hours in subjects as defined under Rule 64B10-11.007, F.A.C.; and

1. Completed a college-affiliated or university-affiliated internship of at least 650 hours with a Board-approved preceptor in a skilled nursing facility that has at least 60 beds. For any such internship begun prior to December 2, 2013, the Board will not require 650 hours if the institution offering the internship required less hours for successful completion; or

2. No change.

(c)(b) A baccalaureate or higher degree from an accredited college or university; and

1. through 2. No change.

b. In order to establish supervised direct management experience, the applicant must prove that, while under the ultimate supervision of a licensed nursing home administrator, he or she performed duties substantially equivalent to those required in the role of an executive manager, performing the same duties and skills expected of a Florida licensed nursing home administrator, and which duties must include including, at a minimum, responsibility over the primary direction of all facility departments of:

(I) through (VII) No change.

c. All duties performed by an applicant under this paragraph must be performed within a skilled nursing facility, hospital, hospice, or assisted living facility with a minimum of 60 licensed beds, or geriatric residential treatment program of at least 60 beds. Each applicant who claims one year’s supervised direct management experience would be individually reviewed by the full board to determine if that applicant’s experience meets the requirements of this rule. If, however, such experience is not in a skilled nursing facility the applicant must complete the requirements of a 1,000-hour nursing home administrator-in-training program approved by the Board.

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) To establish eligibility for licensure as a nursing home administrator by endorsement under Section 468.1705, F.S., the applicant must: successfully pass the required examinations in subsection (1); and

(a) Successfully pass the examinations required in subsection (1); Hold a valid active license to practice nursing home administration in another state, provided that the current requirements for licensure in that state are substantially equivalent to, or more stringent than, the current requirements in the state of Florida; and

(b) Have worked practiced as a nursing home administrator for 2 years within the 5-year period immediately preceding the application for licensure by endorsement; and

(c)1. Hold a valid active license to practice nursing home administration in another state, provided that the current requirements for licensure in that state are substantially equivalent to, or more stringent than, the current requirements in the state of Florida; or

2. Meet the qualifications for licensure contained in Section 468.1695, F.S.

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,____________.

 

(Substantial rewording of Rule 64B10-11.003 follows. See Florida Administrative Code for present text.)

64B10-11.003 Reexamination.

(1) An applicant must obtain passing scores on both examinations required for licensure as specified in subsection 64B10-11.002(1), F.A.C. within one (1) year of the date of application. Any applicant desiring to retake one or both of the required examinations must reapply to the Board and pay the fee required by subsection 64B10-12.006(2), F.A.C.

(2) Application for re-examination shall be made on the Application for Nursing Home Administrators Re-Examination form DH-MQA 1129 (revised 06/14), hereby adopted and incorporated by reference, and which can be obtained from http://www.flrules.org/Gateway/reference.asp?No=Ref-04503 or the Board's website at http://floridasnursinghomeadmin.gov/resources/.

(3) If the applicant fails to achieve passing scores on both examinations within the stated one year period, the applicant must reapply for licensure as specified in Rule 64B10-11.001, F.A.C., pay all required fees, and meet all then current licensing requirements.

Rulemaking Authority 456.017(2), 468.1685(1) FS. Law Implemented 456.017(2) FS. History–New 12-26-79, Amended 3-1-82, 6-14-82, Formerly 21Z-11.03, Amended 3-5-89, 8-19-92, Formerly 21Z-11.003, 61G12-11.003, Amended 6-2-96, Formerly 59T-11.003, Amended 5-15-00, 11-6-02, 2-15-06, 4-22-09, 10-11-10, 2-6-13, 9-10-14,__________.

 

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: February 20, 2015

DATE NOTICE OF PROPOSED RULE DEVELOPMENT PUBLISHED IN FAR: December 9, 2014