CSHB 124(HES): "An Act transferring the regulation of nursing home administrators to the Department of Commerce and Economic Development; abolishing the Board of Nursing Home Administrators; and providing for an effective date."
00CS FOR HOUSE BILL NO. 124(HES) 01 "An Act transferring the regulation of nursing home administrators to the 02 Department of Commerce and Economic Development; abolishing the Board of 03 Nursing Home Administrators; and providing for an effective date." 04 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 05 * Section 1. AS 08.01.010 is amended by adding a new paragraph to read: 06 (36) regulation of nursing home administrators under AS 08.70. 07 * Sec. 2. AS 08.01.050(a) is amended to read: 08 (a) The department shall perform the following administrative and budgetary 09 services when appropriate: 10 (1) collect and record fees; 11 (2) maintain records and files; 12 (3) issue and receive application forms; 13 (4) notify applicants of acceptance or rejection as determined by the 14 board or as determined by the department under AS 08.06 for acupuncturists, under
01 AS 08.11 for audiologists, under AS 08.18 for contractors, under AS 08.40 for 02 electrical and mechanical administrators, under AS 08.45 for naturopaths, [OR] under 03 AS 08.55 for hearing aid dealers, or under AS 08.70 for nursing home 04 administrators; 05 (5) designate dates examinations are to be held and notify applicants; 06 (6) publish notice of examinations and proceedings; 07 (7) arrange space for holding examinations and proceedings; 08 (8) notify applicants of results of examinations; 09 (9) issue licenses or temporary licenses as authorized by the board or 10 as authorized by the department under AS 08.06 for acupuncturists, under AS 08.11 11 for audiologists, under AS 08.18 for contractors, under AS 08.40 for electrical and 12 mechanical administrators, under AS 08.45 for naturopaths, [OR] under AS 08.55 for 13 hearing aid dealers, or under AS 08.70 for nursing home administrators; 14 (10) issue duplicate licenses upon submission of a written request by 15 the licensee attesting to loss of or the failure to receive the original and payment by 16 the licensee of a fee established by regulation adopted by the department; 17 (11) notify licensees of renewal dates at least 30 days before the 18 expiration date of their licenses; 19 (12) compile and maintain a current register of licensees; 20 (13) answer routine inquiries; 21 (14) maintain files relating to individual licensees; 22 (15) arrange for printing and advertising; 23 (16) purchase supplies; 24 (17) employ additional help when needed; 25 (18) perform other services that may be requested by the board; 26 (19) provide inspection, enforcement, and investigative services to the 27 boards and for the occupations listed in AS 08.01.010, regarding all licenses issued by 28 or through the department; 29 (20) retain and safeguard the official seal of a board and prepare, sign, 30 and affix a board seal, as appropriate, for licenses approved by a board; 31 (21) issue business licenses under AS 43.70.
01 * Sec. 3. AS 08.70.050 is amended to read: 02 Sec. 08.70.050. REGULATION BY DEPARTMENT [DUTIES AND 03 POWERS OF THE BOARD]. (a) The department [BOARD] shall 04 (1) adopt standards for licensing nursing home administrators to ensure 05 [INSURE] that licensees have knowledge and experience in health care and 06 institutional administration necessary for competent administrators, and update the 07 standards when necessary; 08 (2) examine, approve issuance of licenses to, and renewal of licenses 09 of qualified persons; 10 (3) establish procedures to ensure that licensees continue to uphold the 11 department's [BOARD'S] standards; impose disciplinary sanctions upon persons who 12 fail to uphold the standards; 13 (4) adopt criteria for educational programs for persons preparing for the 14 licensing examination and for the continuing education of licensees; review the 15 educational programs available in the state and accredit the programs meeting the 16 criteria; 17 [(5) KEEP A RECORD OF ITS PROCEEDINGS AND SUBMIT 18 ANNUAL REPORTS TO THE GOVERNOR AND THE LEGISLATURE; 19 (6)] adopt regulations ensuring that renewal of a license is contingent 20 upon proof of continued competency by the licensee. 21 (b) The department [BOARD] may adopt regulations necessary for the 22 performance of its duties and to meet the requirements of Title 19 of the Social 23 Security Act, the federal regulations adopted under it, and other federal requirements. 24 * Sec. 4. AS 08.70.110 is amended to read: 25 Sec. 08.70.110. LICENSING. (a) The department [BOARD] shall license 26 (1) applicants who pass the written examination administered by the 27 department [BOARD] and meet the standards established by the department 28 [BOARD] under AS 08.70.050; 29 (2) persons licensed under emergency regulations 7 AAC 12.045 30 promulgated in Register 51, July 8, 1974, who have practiced as administrators since 31 licensing.
01 (b) The department [BOARD] may issue a license without examination to a 02 person holding a current license as a nursing home administrator from another 03 jurisdiction, if the department [BOARD] finds that the standards for licensing in the 04 other jurisdiction are substantially equivalent to those in this state, and the person is 05 otherwise qualified. 06 * Sec. 5. AS 08.70.120 is amended to read: 07 Sec. 08.70.120. EXAMINATION. The purpose of the examination is to test 08 the applicant's knowledge of the health and safety standards of the state and the 09 applicant's experience in the practice of health care. The department shall determine 10 [BOARD DETERMINES] the content, scope, format, and grading procedure. 11 Examinations shall be given at least annually, at the time and place chosen by the 12 department [BOARD]. 13 * Sec. 6. AS 08.70.130(a) is amended to read: 14 (a) A provisional license may be granted without examination to a person who 15 meets the standards adopted by the department [BOARD] under AS 08.70.050 and 16 who is needed to fill a vacancy in an administrative position. 17 * Sec. 7. AS 08.70.155 is amended to read: 18 Sec. 08.70.155. GROUNDS FOR IMPOSITION OF DISCIPLINARY 19 SANCTIONS. The department [AFTER A HEARING THE BOARD] may impose 20 the disciplinary sanctions authorized for boards under AS 08.01.075 or otherwise 21 authorized for the department under AS 08.01 when it finds that a licensee 22 (1) secured a license through deceit, fraud, or intentional 23 misrepresentation; 24 (2) engaged in deceit, fraud, or intentional misrepresentation in the 25 course of providing professional services or engaging in professional activities; 26 (3) advertised professional services in a false or misleading manner; 27 (4) intentionally or negligently engaged in or permitted the performance 28 of patient care by persons under the licensee's supervision that [WHICH] does not 29 conform to minimum professional standards regardless of whether actual injury to the 30 patient occurred; 31 (5) failed to comply with this chapter, with a regulation adopted under
01 this chapter, or with an order of the department [BOARD]; 02 (6) continued to practice after becoming unfit due to 03 (A) professional incompetence; 04 (B) addiction or severe dependency on alcohol or other drugs 05 that [WHICH] impairs the licensee's ability to practice safely; 06 (C) physical or mental disability; 07 (7) sold or furnished a license to another; 08 (8) practiced as a nursing home administrator or used a designation 09 tending to imply that the licensee is a nursing home administrator without a license 10 issued under this chapter unless exempted from licensure requirements under 11 AS 08.70.080. 12 * Sec. 8. AS 08.70.180(3) is amended to read: 13 (3) "license" means the certificate awarded by the department 14 [BOARD] to a qualified person that [WHICH] entitles the person to be a nursing 15 home administrator in this state; 16 * Sec. 9. AS 08.70.180(4) is amended to read: 17 (4) "licensee" means a person who has been granted a license to be a 18 nursing home administrator in this state by the department [BOARD]; 19 * Sec. 10. AS 44.62.330(a)(50) is amended to read: 20 (50) Department of Commerce and Economic Development 21 concerning the licensing and regulation of nursing home administrators [BOARD 22 OF NURSING HOME ADMINISTRATORS]; 23 * Sec. 11. AS 08.01.010(18); AS 08.03.010(c)(18); AS 08.70.010, 08.70.020, 08.70.030, 24 08.70.040, 08.70.055, and 08.70.180(1) are repealed. 25 * Sec. 12. TRANSITION. (a) A regulation adopted by the Board of Nursing Home 26 Administrators and in effect on the effective date of this Act remains in effect and shall be 27 implemented and enforced by the Department of Commerce and Economic Development after 28 the effective date of this Act until the department amends the regulation. To be consistent 29 with the changes made by this Act, wherever in the regulations adopted by the Board of 30 Nursing Home Administrators the board is identified, that reference shall be read as referring 31 to the Department of Commerce and Economic Development. Under AS 44.62.125(b)(6), the
01 regulations attorney shall implement this subsection in the administrative regulations. 02 (b) All litigation, hearings, investigations, and other proceedings pending under a law 03 amended or repealed by this Act, or in connection with functions transferred by this Act, 04 continue in effect and may be continued and completed notwithstanding a transfer or 05 amendment or repeal provided for in this Act. Licenses and orders issued under authority of 06 a law amended or repealed by this Act remain in effect for the term issued, or until revoked, 07 vacated, or otherwise modified under the provisions of this Act. All contracts, rights, 08 liabilities, and obligations created by or under a law amended or repealed by this Act, and in 09 effect on the effective date of this Act remain in effect notwithstanding this Act's taking 10 effect. Records, equipment, and other property of the Board of Nursing Home Administrators 11 are transferred to the Department of Commerce and Economic Development. 12 * Sec. 13. This Act takes effect immediately under AS 01.10.070(c).