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