SENATE BILL NO. 94
AS AMENDED BY
SENATE AMENDMENT NO. 1
AN ACT TO AMEND TITLES 16 AND 24 OF THE DELAWARE CODE RELATING TO NURSING HOME ADMINISTRATORS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :
Section 1. Amend Title 24 of the Delaware Code by striking Chapter 52 in its entirety and by substituting the following in lieu thereof:
“CHAPTER 52. NURSING HOME ADMINISTRATORS
Subchapter 1. Board of Examiners of Nursing Home Administrators.
§ 5201. Objectives.
The primary objective of the Board of Examiners of Nursing Home Administrators, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this Chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.
The secondary objectives of the Board are to maintain minimum standards of practitioner competency; and, to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions when necessary against licensed practitioners.
§ 5202. Definitions.
The following words, terms, and phrases, when used in this Chapter, shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:
(1) ‘Board’ shall mean the State Board of Examiners of Nursing Home Administrators established in this Chapter.
(2) ‘Direct supervision’ shall mean oversight on the premises of a nursing home.
(3) ‘Division’ shall mean the State Division of Professional Regulation.
(4) ‘Excessive use or abuse of drugs’ shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed health care provider, or the abuse of alcoholic beverage such that it impairs his or her ability to perform the work of a nursing home administrator.
(5) ‘Nursing home’ shall mean any licensed residential health facility for aged, infirm, chronically ill or convalescent persons, excluding neighborhood homes and group homes licensed by the Division of Long Term Care Residents Protection, that provides shelter and food to more than four persons who: (i) because of their physical and/or mental condition require a level of care and services suitable to their needs to contribute to their health, comfort, and welfare; and (ii) who are not related within the second degree of consanguinity to the controlling person or persons of the facility.
(6) ‘Nursing Home Administrator’ shall mean the individual licensed under this Chapter to practice nursing home administration.
(7) ‘Nursing Home Administrator-in-Training’ or ‘AIT’ shall mean an individual who is registered with the Board to obtain the experience for licensure under the direct supervision of a preceptor.
(8) ‘Person’ shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities.
(9) ‘Preceptor’ shall mean a State-licensed nursing home administrator who is qualified under this Chapter and approved by the Board to exercise direct supervision of a registered nursing home administrator-in-training.
(10) ‘Practice of nursing home administration’ shall mean the performance of any act or the making of any decision involved in the planning, organizing, directing, or controlling of the operations of a nursing home, whether or not such acts are performed, or decisions made, by one or more persons.
(11) ‘State’ shall mean the State of Delaware.
(12) ‘Substantially related’ means the nature of the criminal conduct, for which the person was convicted, has a direct bearing on the fitness or ability to perform one or more of the duties or responsibilities necessarily related to nursing home administration.
§ 5203. Board of Examiners of Nursing Home Administrators; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.
(a) There is created a State Board of Examiners of Nursing Home Administrators, which shall administer and enforce this Chapter.
(b) The Board shall consist of nine members, appointed by the Governor, who are residents of this state:
(1) Three (3) nursing home administrators licensed under this Chapter;
(2) Two (2) non-administrator from a profession concerned with the care of chronically ill and infirm, aged persons; and
(3) Four (4) public members.
(a) Except as provided in subsection (e) of this section, each member shall serve a term of three (3) years, and may succeed himself or herself for one additional term; provided, however, that if a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.
(b) The public members shall not be, nor ever have been, nursing home administrators, nor members of the immediate family of a nursing home administrator; shall not have been employed by a nursing home, nursing home administrator, or a company engaged in the practice of administering nursing homes; shall not have a material interest in the providing of goods and services to nursing homes; nor have been engaged in an activity directly related to nursing home administration. The public members shall be accessible to inquiries, comments and suggestions from the general public.
(c) A person, who has never served on the Board, may be appointed to the Board for two consecutive terms; but no such person shall thereafter be eligible for two consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.
(d) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.
(e) The Governor may suspend or remove a member of the Board for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A Board member may appeal any suspension or removal to the Superior Court.
(f) No member of the Board, while serving on the Board, shall hold a leadership position in any professional association representing nursing home administrators, or serve as head of a Political Action Committee (PAC) for any professional association representing nursing home administrators.
(g) The provisions set forth in Chapter 58 of Title 29 of the Delaware Code shall apply to all members of the Board.
(h) Any member, who is absent without adequate reason for three consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.
(i) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, according to Division of Professional Regulation policy; and, in addition shall receive not more than $50.00 for each meeting attended but not more than $500.00 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.
(j) A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded.
§ 5204. Organization; meetings; officers; quorum.
(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or, at the request of a majority of Board members.
(b) The Board annually shall elect a President, Vice-President, and Secretary. Each officer shall serve for one year and shall not succeed himself or herself for more than two consecutive terms.
(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least five members of the Board.
(d) Minutes of all meetings shall be recorded and the Division of Professional Regulation shall maintain copies. At any hearing in which evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.
§ 5205. Records.
The Division of Professional Regulation shall keep a register of all approved applications for license as a nursing home administrator, registration as a nursing home administrator-in-training, and license as an acting nursing home administrator, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.
§ 5206. Powers and duties.
The Board of Examiners of Nursing Home Administrators shall have authority to:
(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall implement or clarify a specific section of this Chapter;
(2) Designate the application form to be used by all applicants and process all applications;
(3) Designate a written national examination, prepared by either a recognized national professional association or by a recognized legitimate national testing service and approved by the Division of Professional Regulation. The examination shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. The examination shall be taken by all persons applying for licensure and graded by a national testing service. Applicants who qualify for licensure by reciprocity shall have achieved a passing score on all parts of the designated national examination or a comparable, alternative national or, if a national examination was not available at the time of the applicant’s original licensure, regional examination;
(4) Establish minimum education, training, and experience requirements for licensure as nursing home administrators;
(5) Evaluate the credentials of all persons applying for a license as a nursing home administrator in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this Chapter;
(6) Conduct a criminal history background check on all applicants for registration and licensure, including temporary licensure and licensure by reciprocity;
(7) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure;
(8) Register applicants as nursing home administrators-in-training;
(9) Issue temporary licenses pursuant to §5211 of this title;
(10) Establish by rule and regulation continuing education standards required for license renewal;
(11) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction as a nursing home administrator, has engaged in any act or offense that would be grounds for disciplinary action under this Chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses;
(12) Refer all complaints from licensees and the public concerning licensed nursing home administrators, practices of the Board, or of the profession to the Division of Professional Regulation for investigation pursuant to §8735 of Title 29 of the Delaware Code; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;
(13) Conduct hearings and issue orders in accordance with the Administrative Procedures Act, Chapter 101 of Title 29;
(14) Promulgate regulations specifically identifying those crimes which are substantially related to the practice of nursing home administration; and
(15) When it has been determined after a hearing that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.
Subchapter II. License.
§ 5207. License required.
(a) No person shall engage in the practice of nursing home administration or hold himself or herself out to the public in this State as being qualified to act as nursing home administrator; or use in connection with his or her name, or otherwise assume or use, any title or description conveying or tending to convey the impression that he or she is qualified to act as nursing home administrator, unless such person has been duly licensed under this Chapter.
(b) Whenever a license to practice as a nursing home administrator in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a nursing home administrator in this state.
(c) No person shall act as a nursing home administrator-in-training, or hold out that that person is a nursing home administrator-in-training, unless such person has been duly registered by the Board under this Chapter.
§ 5208. Criminal History Background Checks.
(a) Applicants for original licensure, licensure by reciprocity, temporary licensure, registration, or licensure renewal shall submit, at the applicant's expense, fingerprints and other necessary information in order to obtain the following:
(1) a report of the applicant's entire criminal history record from the State Bureau of Identification or a statement from the State Bureau of Identification that the State Central Repository contains no such information relating to that person, and
(2) a report of the applicant's entire federal criminal history record pursuant to the Federal Bureau of Investigation appropriation of Title II of Public Law 92-544 (28 U.S.C. § 534).
(a) The State Bureau of Identification shall be the intermediary for purposes of this section and the Board of Examiners of Nursing Home Administrators shall be the screening point for the receipt of said federal criminal history records.
§ 5209. Qualifications of applicant; report to Attorney General; judicial review.
(a) An applicant applying for original licensure as a nursing home administrator under this Chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person:
(1) has completed a Board-approved course of study in nursing home administration at an accredited educational institution and meets the educational and experience requirements of the Board, including:
a. having received a baccalaureate or graduate degree from an accredited college or university with a major in health and human services, hospital administration, nursing or business administration; has been registered by the Board; and successfully completed a six month, pre-approved nursing home administrator-in-training program (AIT) under the direct supervision of a Board-approved preceptor; or
b. having received a baccalaureate or graduate degree in a field other than health and human services, hospital administration, nursing or business administration; has been registered by the Board; and successfully completed a nine month, pre-approved nursing home administrator-in-training program (AIT) under the direct supervision of a Board-approved preceptor; or
c. having received an associate degree in any field from an accredited college or university, or holding a current Delaware license as a registered nurse; has been registered by the Board; and successfully completed a twelve month, pre-approved nursing home administrator-in-training program (AIT) under the direct supervision of a Board-approved preceptor;
(1) has achieved a passing score on all examinations prescribed by the Board;
(2) has not received any administrative penalties regarding his or her practice as a nursing home administrator, including but not limited to fines, formal reprimands, license suspensions or revocation (other than for nonpayment of renewal fees), probationary limitations, and/or has not entered into any ‘consent agreements’ which contain conditions placed by a licensing board on his or her professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether an administrative penalty is grounds to deny licensure;
(3) does not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as a nursing home administrator in a manner consistent with the safety of the public;
(4) has not been adjudicated mentally incompetent by any court or administrative entity under any circumstances that would limit the applicant’s ability to act as a nursing home administrator in a manner consistent with the safety of the public. The Board may determine after a hearing whether such mental incompetence is grounds to deny licensure; and
(5) has complied with the provisions of §5208 regarding criminal background records and does not have a criminal conviction record nor pending criminal charge which is substantially related to nursing home administration. However, after a hearing, the Board, by an affirmative vote of a majority of the quorum, may waive this paragraph (a)(6) of this section, if it finds all of the following:
a. More than five (5) years have elapsed since the applicant has fully discharged all imposed sentences. As used herein, the term "sentence" includes, but is not limited to, all periods of modification of a sentence, probation, parole, or suspension. However, sentence does not include fines, restitution, or community service, as long as the applicant is in substantial compliance with such fines, restitution, and community service.
b. The applicant is capable of practicing nursing home administration in a competent and professional manner.
c. The granting of the waiver will not endanger the public health, safety, or welfare.
(b) If the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.
(c) If the application of a person has been refused or rejected, and such applicant has reason to believe the Board acted without justification; has imposed higher or different standards for him or her than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
§ 5210. Criteria for registration as a nursing home administrator-in-training; preceptors; requirements of supervision.
(a) The Board may, upon the written request of a nursing home administrator who wishes to act as a preceptor, register an individual as a nursing home administrator-in-training under the following circumstances:
(1) The preceptor has submitted his or her request in a form approved by the Board;
(2) The preceptor has been licensed in this State or in any other jurisdiction for at least the two years immediately prior to date of the written request;
(3) The written request includes a clear statement by the preceptor agreeing to act as preceptor for the individual for whom he or she is seeking registration;
(4) The written request includes a clear statement by the preceptor of the specific functions and responsibilities that the individual for whom he or she is seeking registration will perform;
(5) The written request includes a clear statement by both the preceptor and the individual for whom he or she is seeking registration indicating that the individual has met the requirements of §5208 and §5209(a)(4) through (a)(6) of this title; and
(6) The written request includes, as attachments when necessary, evidence satisfactory to the Board supporting the veracity of the statement required by paragraph (5) of this subsection.
(b) Persons presented to the Board by a preceptor shall provide a notarized statement to the Board that they will:
(1) only perform those specific functions which have been delineated in the preceptor’s statement;
(2) only practice under the direct supervision of a preceptor; and
(3) not represent themselves to the public, residents, or patients as licensed nursing home administrators.
(c) The preceptor shall be responsible and available to provide direction, observation, aid, training, and instruction to the administrator-in-training, including the submission of progress reports. This is an interactive process between the preceptor and the administrator-in-training intended to ensure the extent, quality, and scope of experience of the duties performed as a nursing home administrator.
(d) The Board, in its regulations, shall determine the number of nursing home administrators-in-training that a preceptor may supervise and the requirements of their supervision.
§ 5211. Temporary licensure.
(a) Immediately upon receipt of an application therefore, the Board may issue a temporary license to an individual who wishes to serve as a temporary nursing home administrator in the event that a facility’s licensed nursing home administrator is removed from the position by death or other unexpected cause. The owner, governing body, or other appropriate authority of the nursing home suffering such removal may designate an individual to serve as a temporary nursing home administrator subject to such regulations set forth and approved by the Board. The owner, governing body, or other appropriate authority of the nursing home, not the individual serving as the temporary nursing home administrator, must submit:
(1) a written application for temporary licensure to the Board, in a form approved by the Board, immediately after the individual begins undertaking the functions of a nursing home administrator;
(2) a clear statement that the individual has not held a temporary license issued pursuant to this section within the preceding 12 months;
(1) a clear statement that the individual understands that the temporary license will expire 90 days after the date of its issuance, that the temporary license may only be renewed once, for an additional 90 days, at the Board’s discretion, and that he or she is not eligible for a subsequent temporary license within the 12 months immediately following its expiration;
(2) an affidavit from the individual that he or she has three years of health care management experience acceptable to the Board; and
(3) verification that the individual holds either a degree in any field from an accredited college or university or holds a current Delaware license as a registered nurse.
(b) A temporary license issued pursuant to this section shall expire 90 days after the date of its issuance and may only be renewed once, for an additional 90 days, at the Board’s discretion. No person having previously been issued a temporary license may, within 12 months following its expiration, be granted a subsequent temporary license pursuant to this section.
(c) The Board shall not grant more than one temporary license to be used at a single facility at any one time.
(d) The Board shall not grant consecutive temporary licenses for use at a single facility.
(e) No person serving as a nursing home administrator pursuant to this section shall be permitted to concurrently serve as a registered nursing home administrator-in-training.
(f) A temporary license is only valid for the individual named in the license to work as a temporary nursing home administrator in the facility that submitted the temporary licensure application.
(g) The Board shall designate one of its members to review temporary licensure applications received between regular Board meetings. The designated Board member will have the authority to approve or deny such applications on behalf of the Board between regular Board meetings. At the subsequent regular Board meeting, the Board will review the temporary licensure application and either ratify or overturn the individual Board member’s decision.
§ 5212. Administrator-in-Training Program.
The Board shall approve an administrator-in-training program that complies with the guidelines of the National Association of Boards of Long-Term Care Administrators (NAB), and contains at a minimum the following:
(1) Introduction and orientation;
(2) Admission procedures;
(3) Medical records requirements;
(4) Resident rights
(6) Food service;
(9) Medical and allied health;
(11) Rehabilitation services;
(12) Social services;
(13) Disaster/emergency services;
(15) Professional ethics; and
(16) Applicable state and federal laws and regulations.
§ 5213. Reciprocity.
Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board:
(1) The Board shall grant a license to each applicant who presents proof of current licensure in ‘good standing’ in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State; and
(2) The Board may grant a license to an applicant who presents proof of current licensure in ‘good standing’ in another state, the District of Columbia, or territory of the United States, whose standards are not substantially similar to those of this state, provided that the applicant shall have practiced in that state for a minimum of three (3) years after licensure; and provided further that the applicant would not be prohibited from being licensed pursuant to this chapter because of his or her criminal or administrative record, any impairment related to drugs or alcohol, or mental incompetence.
§ 5214. Fees.
The amount to be charged for each fee imposed under this Chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. At the beginning of each licensure biennium, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.
§ 5215. Issuance and renewal of licenses.
(a) The Board shall issue a license to each applicant, who meets the requirements of this Chapter for licensure as a nursing home administrator and who pays the fee established under §5214 of this Chapter.
(b) Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee has met the continuing education requirements established by the Board.
(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed nursing home administrator may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.
(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive.
§ 5216. Grounds for discipline.
(a) A practitioner licensed under this Chapter shall be subject to disciplinary actions set forth in §5218 of this Chapter, if, after a hearing, the Board finds that the nursing home administrator:
(1) has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a nursing home administrator; has impersonated another person holding a license, or allowed another person to use his or her license, or aided or abetted a person not licensed as a nursing home administrator to represent himself or herself as a nursing home administrator;
(2) has illegally, incompetently or negligently practiced nursing home administration;
(3) has been convicted of any offense, which is substantially related to the practice of nursing home administration. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore;
(4) has excessively used or abused drugs either in the past two years or currently;
(5) has engaged in an act of abuse, neglect, mistreatment or financial exploitation of a nursing home resident or patient;
(6) has violated a lawful provision of this Chapter, or any lawful regulation established there under;
(7) has had his or her license as a nursing home administrator suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute one or more of the acts defined in this Chapter. Every person licensed as a nursing home administrator in this State shall be deemed to have given consent to the release of this information by the Board of Examiners of Nursing Home Administrators or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(8) has failed to notify the Board that his or her license as a nursing home administrator in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or
(9) has a physical condition such that the performance of nursing home administration is or may be injurious or prejudicial to the public.
(b) Subject to the provisions of Subchapter IV of Chapter 101 of Title 29 of the Delaware Code, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice nursing home administration shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act.
§ 5217. Complaints.
(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with §8735 of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.
(b) When it is determined that an individual is engaging, or has engaged, in the practice of nursing home administration, or is using the title ‘nursing home administrator’ or other title implying that he or she is competent to act as a ‘nursing home administrator’ and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.
§ 5218. Disciplinary sanctions.
(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in §5216 of this Chapter applies to a practitioner regulated by this Chapter:
(1) issue a letter of reprimand;
(2) censure a practitioner;
(3) place a practitioner on probationary status, and require the practitioner to:
a. report regularly to the Board upon the matters, which are the basis of the probation;
b. limit all practice and professional activities to those areas prescribed by the Board;
(1) suspend any practitioner’s license;
(2) revoke any practitioner’s license;
(3) impose a monetary penalty not to exceed $500.00 for each violation.
(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action, have been remedied.
(a) The Board may temporarily suspend a practitioner’s license in advance of a final adjudication, during the appeals process, but only in cases where there is clear and immediate danger to the health and safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed to Superior Court.
(b) When a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.
§ 5219. Hearing procedures.
(a) If a complaint is filed with the Board pursuant to §8735 of Title 29 of the Delaware Code, alleging violation of §5216 of this Chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code.
(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that action(s) constituting grounds for discipline have been proven, the Board shall take such action permitted under this Chapter, as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner.
(c) If the practitioner is in disagreement with the action of the Board, he or she may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him or her whichever is greater. Stays shall be granted in accordance with §10144 of Title 29 of the Delaware Code.
§ 5220. Reinstatement of a suspended license; removal from probationary status; replacement of license.
(a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.
(b) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this Chapter may also be required, as appropriate.
(c) A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge shall be made for such issuance.
Subchapter III. Other Provisions
§ 5221. Exemptions.
Nothing in this Chapter shall be construed to prevent the practice of nursing home administration by persons registered with the Board and working under the direct supervision of a Delaware licensed nursing home administrator; such licensed nursing home administrator shall be responsible for the activities of the unlicensed person practicing nursing home administration in this State.
§ 5222. Penalty.
A person, not currently licensed as a nursing home administrator under this Chapter, when guilty of engaging in the practice of nursing home administration, or using in connection with his or her name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that he or she is qualified to practice nursing home administration, such offender shall be guilty of a misdemeanor. Upon the first offense, he or she shall be fined not less than $500.00 or more than $1,000.00 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000.00 or more than $2,000.00 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this Chapter.
Section 2. Amend §1103, Title 16 of the Delaware Code, by designating the existing language thereof as subsection (a) and by adding thereto a new subsection as follows:
“(b) No nursing home within this State, as defined in Chapter 52 of Title 24, shall operate except under the direction of an individual authorized or licensed pursuant to that Chapter to perform the functions of a nursing home administrator.”
Section 3. Rules and regulations in effect on the date of enactment of this Act shall remain valid to the extent they are not inconsistent with this Act. The Board shall update and revise all forms and regulations to ensure that they do not exceed the authority granted to the Board by this Act.
Section 4. Members who are currently serving on the Board shall complete their terms of office.
Section 5. Except as provided in this Section, this Act shall become effective upon its enactment into law. The provisions of this Act governing temporary licensure shall apply only to those persons seeking such temporary licensure on or after the 180th day following the date this Act is enacted into law. The provisions of this Act governing preceptors and administrators-in-training shall apply only to those persons submitting written preceptor requests and AIT statements on or after the 180th day following the date this Act is enacted into law. The provisions of this Act governing applications for original and renewal licensure, shall apply to all applications therefore submitted to the Board on or after the 180th day following the date this Act is enacted into law.
Approved July 05, 2007