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The rules below reflect rules changes approved and adopted as submitted as of June 12, 2000.
This chapter applies to:
A. individuals who:
(1) are applicants or prospective applicants for licensure as nursing home administrators under Minnesota Statutes, section 144A.20;
(2) are applicants for designation as acting administrators under Minnesota Statutes, section 144A.27;
(3) are licensees of the board; and
(4) hold permits issued by the board to serve as acting administrators under Minnesota Statutes, section 144A.27;
B. individuals and organizations which sponsor continuing education programs to enable licensees to update their knowledge and meet license renewal requirements; and
C. academic institutions which offer courses to meet the academic course requirements for nursing home administrator licensure.
Subpart 1. Scope. The terms used in this chapter have the meanings given them in this part.
Subp. 2. Accredited. "Accredited" means approved by a regional accrediting organization for higher education.
Subp. 3. Acting administrator. "Acting administrator" means an individual, designated by the controlling persons of the employing nursing facility, who has been issued a permit by the board under part 6400.6770.
Subp. 4. Assistant administrator. "Assistant administrator" means an individual who reports to the nursing home administrator, assumes charge of the facility in the administrator's absence, and has ongoing managerial and supervisory authority over both administrative and resident care functions, operations, and staff in a nursing facility.
Subp. 5. Board. "Board" means the Minnesota Board of Examiners for Nursing Home Administrators.
Subp. 6. CE credit. "CE credit" means a unit of measurement of continuing education activity.
Subp. 7. Clock hour. "Clock hour" means an instructional session of 60 consecutive minutes, excluding breaks, registration, meals, and social activities.
Subp. 8. Director of nurses. "Director of nurses" means the individual designated by a nursing facility to perform duties consistent with the responsibilities of the director of nursing services under part 4658.0505, whether in Minnesota or another jurisdiction.
Subp. 9. Domains of practice. "Domains of practice" means the tasks performed by nursing home administrators and the knowledges, skills, and abilities identified as necessary to perform those tasks by NAB in its job analysis of nursing home administrator. The NAB domains of practice for nursing home administrator are found in the Final Report of the Job Analysis of the Practice of Nursing Home Administrators prepared for the National Association of Boards of Examiners for Nursing Home Administrators (now National Association of Boards of Examiners for Long-Term Care Administrators), prepared by Patricia Muenzen, et. al., of the Department of Research and Development, Professional Examination Service, New York, NY, November 1996. This document is incorporated by reference. It is available at the state law library and is subject to change every five years.
Subp. 9a. Hospital. "Hospital" means a facility in which accommodation is furnished or offered for the reception and care of sick or injured patients for a continuous period longer than 24 hours for the purpose of diagnosis or treatment bearing on the physical or mental health of such persons. It does not mean a clinic or day surgery center.
Subp. 10. License. "License" means a written document issued by the board to indicate that the bearer has been found by the board to meet all requirements for practice as a licensed nursing home administrator in Minnesota. It includes an original license issued for meeting the requirements of part 6400.6000, a renewal license issued for meeting the requirements of part 6400.6700, and a reinstated license issued under part 6400.6750. It does not include a permit to serve as an acting administrator.
Subp. 11. Licensee. "Licensee" means an individual who holds a valid license to practice as a nursing home administrator granted by the board under this chapter.
Subp. 12. NAB. "NAB" means the National Association of Boards of Examiners for Long-Term Care Administrators, Inc.
Subp. 13. Nursing facility. "Nursing facility" means a facility licensed as a nursing home to provide nursing care to five or more persons under Minnesota Statutes, sections 144A.02 to 144A.10, by the Minnesota Department of Health or a similar facility licensed under similar provisions in another jurisdiction.
Subp. 14. Nursing home administrator. "Nursing home administrator" means an individual who has the responsibilities outlined in part 4658.0060 in a nursing facility in Minnesota or another jurisdiction and is licensed by the licensing authority of the jurisdiction responsible for the facility.
Subp. 15. Permit. "Permit" means the acting license referred to in Minnesota Statutes, section 144A.27, which, for purposes of this chapter, is a temporary authorization issued by the board to an individual who meets the qualifications of part 6400.6770.
Subp. 16. Preceptor. "Preceptor" means a nursing home administrator who meets the standards in part 6400.6600, subpart 3, and supervises an applicant for licensure during the practicum course.
Subp. 17. Related individual. "Related individual" means a spouse, natural or adoptive parent, stepparent, natural or adoptive grandparent, stepgrandparent, natural or adoptive child, sibling, guardian, stepbrother, stepsister, aunt, uncle, niece, nephew, first cousin, or spouse of any person named in the above groups even after the marriage ends by death or divorce.
6400.5200 USE OF TITLE.
Only an individual who is qualified as a licensed nursing home administrator and who holds a valid license under this chapter for the current licensure period may use the title "Licensed Nursing Home Administrator" and the abbreviation "L.N.H.A." after the individual's name.
6400.6000 LICENSURE REQUIREMENTS.
The board shall issue an individual a license to practice as a nursing home administrator in Minnesota upon determining that the individual:
A. has filed a completed application for licensure under part 6400.6100;
B. meets the requirements specified in Minnesota Statutes, section 144A.20;
C. has obtained a bachelor's degree from an accredited post-secondary institution;
D. has passed the national examination for nursing home administrator developed by NAB to test knowledge of subjects pertinent to the domains of practice of nursing home administration as identified in the NAB job analysis for nursing home administrator;
E. has passed the state examination given by the board to test knowledge of Minnesota laws and rules governing nursing facility operations in Minnesota;
F. has presented evidence, as specified in part 6400.6570, that the applicant has satisfactorily completed courses in each of the areas specified in part 6400.6500, or qualifies for waivers under part 6400.6560;
G. has not had an application rejected by the board under part 6400.6100, subpart 5; and
H. has paid the fees required under part 6400.6970.
6400.6100 APPLYING FOR LICENSURE.
Subpart 1. Application contents. An individual applying for licensure shall do so on forms provided by the board. The information requested shall include personal identifying and locating data including name, home and work addresses and telephone numbers, and social security number; education and degree information; employment and practice history; licensure and disciplinary history; and information relating to criminal convictions, use of alcohol and drugs, and other issues which may reflect on ability and fitness to practice.
Subp. 2. Applicant responsibility. An applicant must provide the board with all information, documents, and fees necessary to meet licensure requirements.
Subp. 3. Application expiration. Applications expire 18 months after the date the application form is filed with the board. If the applicant does not fulfill all licensure requirements within the 18-month application period, the applicant must resubmit the application and another application fee to continue to seek licensure.
Subp. 4. Examination score expiration. Examination scores expire two years after the date the examination was taken if the applicant has not become fully licensed within that two years.
Subp. 5. Grounds for rejection. The board shall reject an applicant who does not meet the requirements of part 6400.6000 within the time period of application validity. The board may reject an applicant who has been found to have committed acts in this or any other jurisdiction which, if performed by a licensee of the Minnesota board, would be grounds for discipline under part 6400.6900, subpart 1, taking into account the considerations in part 6400.6900, subpart 3.
Subp. 6. Notice of rejection. An applicant for licensure whose application has been rejected by the board shall be given written notice of the disqualification and the reasons for it and of the right to a hearing under Minnesota Statutes, chapter 14.
6400.6400 GENERAL COURSE REQUIREMENTS.
An applicant for licensure must satisfactorily complete courses to prepare the applicant to perform the duties of a nursing home administrator. The courses must include those specified in part 6400.6500.
6400.6500 SPECIFIC COURSE REQUIREMENTS.
Subpart 1. Organizational management. An applicant must complete a course in organizational management covering the basic management functions of:
A. planning and objective setting;
B. organizing and delegating; and
C. observing, monitoring, and evaluating outcomes, including customer satisfaction.
Subp. 2. Managerial accounting. An applicant must complete a course in managerial accounting, beyond introductory accounting, covering:
A. budgeting and fiscal resource allocation; and
B. interpreting financial information to monitor financial performance and position and to make managerial decisions.
Subp. 3. Gerontology. An applicant must complete a course in gerontology covering:
A. the physical, social, and psychological aspects of the aging process; and
B. programs and services designed to meet the needs of the aged population.
Subp. 4. Health care and medical needs. An applicant must complete a course in health care and medical needs of nursing facility residents covering:
A. differentiation between the aging process and the disease process;
B. common conditions, issues, diseases, illnesses, disabilities, and treatments of nursing facility residents including dementia (cognitive decline including Alzheimer's disease); AIDS; pressure sores; infections; mobility, falls, and restraints; incontinence and constipation; sensory impairments; depression; nutrition; iatrogenesis (health care system induced medical problems); drug use; and end-of-life pain management; and
C. medical and pharmacological terminology.
Subp. 5. Nursing facility services, programs, and issues. An applicant must complete a course in the organization, operations, functions, services, and programs of nursing facilities covering:
A. governing and oversight bodies and their relationship to the administrator;
B. administrative responsibilities and structures;
C. operations and functions of each facility department;
D. functions and roles of professional and nonprofessional staff and consulting personnel; and
E. issues of cultural diversity and human relationships between and among employees and residents of nursing facilities and their family members.
Subp. 6. Human resources. An applicant must complete a course in human resource management covering:
B. equal employment opportunity, affirmative action, and workforce diversity;
C. compensation and benefits;
D. coaching and performance management;
E. training and development;
F. labor relations, including union contract negotiation and administration; and
G. employment law.
Subp. 7. Regulatory management. An applicant must complete a course in regulatory management covering the legal, regulatory, and funding provisions and requirements governing operation of nursing facilities and health care programs including:
A. resident rights and protection from maltreatment;
B. professional and biomedical ethics, including advance directives;
C. guardianship and conservatorship;
D. liability, negligence, and malpractice;
E. data confidentiality, privacy, and practices;
F. professional licensing, certification, and reporting for staff and consulting personnel;
G. health and safety codes including OSHA and the National Life Safety Code;
H. Medicare and Medicaid, standards for managed care and subacute care, and third-party payer requirements and reimbursement;
I. federal and state nursing home survey and compliance regulations and processes;
J. requirements affecting the quality of care and life of residents, including measurement of outcomes from clinical and resident-satisfaction perspectives;
K. resident acuity and assessment methodology; and
L. quality assessment and assurance.
Subp. 8. Information uses. An applicant must complete a course in the accumulation and analysis of data to inform management decision making including:
A. strategic uses of data and information;
B. data accumulation, storage, integration from multiple sources, manipulation, and presentation;
C. needs assessment and analysis methodologies; and
D. measures, analysis, and assessment of outcomes including customer satisfaction and quality improvement.
Subp. 9. Practicum. An applicant must complete or have waived, based upon prior experience under part 6400.6650, subpart 1, item A, a practicum course as described in part6400.6600.
6400.6560 WAIVER OF ALL COURSE REQUIREMENTS
The board shall waive part 6400.6500 if the applicant meets all other licensure requirements and submits satisfactory evidence of having actively and effectively served full time for a minimum of two continuous years within the immediate past five years as the licensed nursing home administrator and chief executive officer of one or more nursing facilities in a single jurisdiction regulated by the licensing board of that jurisdiction. Time working as an acting administrator under an acting license or permit or as an administrator-in-training does not count to meet this requirement. To determine the effectiveness of the applicant's service, the board shall review the results of the two most recent regulatory inspections of the nursing facilities administered by the applicant.
6400.6570 EVIDENCE OF COURSE COMPLETION.
Subpart 1. Types of evidence. Evidence to verify satisfactory completion of requirements specified in part 6400.6500 must consist of one or more of the following:
A. transcripts showing completion at an accredited academic institution of a course of study approved by NAB as providing coverage of the domains of practice identified in the job analysis performed by NAB for nursing home administrator;
B. transcripts or attestation of the program director showing completion of an academic program designated by the board as an approved academic program under part 6400.6660; or
C. transcripts and other supporting documentation such as course outlines, course catalog descriptions, and text coverage information, showing completion of individual academic courses taken for credit at an accredited postsecondary institution which meet the requirements of part 6400.6500, provided that applicants may supplement evidence of completion of an accredited academic course which covers at least two-thirds of the topics listed in part 6400.6500, subpart 1, 4, 5, 6, 7, or 8, with evidence of completion of continuing education courses for the remaining topics. The continuing education courses must be approved by the board in the same manner as the board reviews and approves clock hours for continuing education courses for licensees under part 6400.6870, subparts 2 and 3.
Subp. 2. Supplementing evidence older than seven years. Evidence presented under subpart 1 for completion of academic programs or academic courses taken more than seven years prior to the submittal of the information to the board must be supplemented by either:
A. evidence that the applicant has been employed within the immediate past seven years in activities requiring use of the knowledge gained in the course; or
B. evidence that the applicant has completed continuing education within the past two years to renew and update knowledge gained in any academic course taken more than seven years prior.
Subp. 3. No additional fees required. No fees in excess of fees associated with the standard application process may be charged to applicants for review of continuing education courses submitted as evidence to meet course requirements.
6400.6600 PRACTICUM COURSE.
Subpart 1. Requirements and content. The practicum course must be approved by the board and taken for academic credit at an accredited postsecondary institution. It must provide practical learning experiences to complement the student's academic training and work or volunteer experience in long-term care, general health care, and management. Except as provided in this subpart, the practicum must include, but need not be limited to, the following:
A. a rotation through the departments of the nursing facility to provide the student exposure to and knowledge of all functions of the nursing facility. Whenever possible, the student shall be assigned to perform tasks not requiring special skill or licensure within each department. The time to be spent in each department for a student with prior experience shall vary in relation to the prior experience of the student. The time to be spent by a student without prior experience in management, health care, or long-term care must be divided approximately equally between administrative and resident care departments. The rotation experience of every student must include time at the facility during all work shifts;
B. participation in or review of the findings and results of regulatory inspections of the facility;
C. observation of the integrative and administrative role of the administrator through attendance with the administrator at meetings with staff, governing bodies, community groups, resident councils, and other groups;
D. observation of the relationships between the facility and community and other health care providers and organizations operating in the continuum of health care;
E. participation in an in-service education session; and
F. completion of a major project, study, or research effort designed to improve operations at the facility or provide information upon which a major decision facing the facility and its management can be made.
Items B and E need not be included in the practicum of a student taking a practicum of 200 hours or less if the student has participated in the specified activities during prior health care work experience.
Subp. 2. Facility requirements. The practicum course must be conducted within a nursing facility and require the student's attention to practicum activities at the facility for at least 20 hours per week. Upon mutual agreement of the academic institution and nursing facility preceptor, a licensed nursing facility may serve as the practicum site for a student who is employed by the nursing facility, provided that the student is relieved of all previous duties during the time of the practicum experience.
Subp. 3. Preceptor requirements. The practicum must be supervised by a preceptor who is a currently licensed nursing home administrator who has been licensed and practicing as a nursing home administrator for at least two years. A preceptor may not supervise a student who is a related individual or who resides in the immediate household of the preceptor.
Subp. 4. Faculty requirements. Each student practicum must be coordinated with a faculty advisor from an academic institution. The faculty advisor shall work cooperatively with the preceptor to review results of student practicum experiences in the preceptor's facility. The faculty advisor shall consult periodically with each student enrolled in the practicum to review the student's experience and assist the student in relating the facility practicum experience to the other required academic courses.
6400.6650 PRACTICUM DURATION.
Subpart 1. Waiver and minimum number of hours. The minimum number of hours to be spent by each individual in the practicum experience shall vary according to the following schedule:
A. waived for an individual who has one year of continuous full-time employment as the licensed administrator and chief executive officer or the assistant administrator of a nursing facility, provided that the individual presents the board evidence that the individual’s employment as assistant administrator included items A to F of section 6400.6600 subpart 1. Time working as an acting administrator under an acting license or permit in the same nursing facility where the individual also served as the licensed administrator or assistant administrator is counted in meeting this standard if the individual's employment under both titles combined was one continuous year;
B. 80 hours for an individual who has served one year or more full time as a hospital administrator or hospital assistant administrator with responsibility for both resident care and administrative functions, or who has served two or more years full time as the director of nurses in a nursing facility;
C. 200 hours for an individual who has served two or more years as a department manager with supervisory and budgetary responsibility in a hospital or nursing facility. This also applies to:
(1) an individual not meeting the requirements for assistant administrator under item B or the definition in part 6400.5100, but who has otherwise held that title in a nursing facility or hospital and performed under the title for two or more years;
(2) an individual who has served as director of nurses in a hospital for two or more years; and
(3) an individual who has served two or more years as an administrator or assistant administrator of one or more long-term care facilities for 25 or more developmentally disabled residents;
D. 300 hours for an individual who has two or more years of employment in a hospital or nursing facility in any professional capacity or in any direct patient care capacity;
E. 300 hours for an individual with two or more years of managerial or administrative employment experience, including supervision of at least 25 employees and responsibility for an annual budget of at least $250,000; or
F. 400 hours for an individual with none of the experience specified in items A to E.
The amount of experience required to qualify for a practicum reduction under items C, D, and E, shall be measured in full-time equivalency at the rate of 35 hours per week.
Subp. 2. Duration of individual student practicums. Each applicant must complete a 400-hour practicum unless presenting evidence to the board that the applicant has experience as described in subpart 1, items A to E, for a reduction in the number of practicum hours. The board shall determine the minimum number of hours of practicum to be completed by an applicant by comparing the applicant's experience to the requirements in subpart 1 and shall notify the applicant of the board's decision.
6400.6660 ACADEMIC PROGRAM REVIEW.
Subpart 1. Program review and approval. Upon request of an academic institution, the board shall review courses offered by the institution, and upon finding conformity between the proposed program and the requirements of this chapter, shall approve the institution as offering courses which meet all or some portion of the course requirements for licensure. If the institution offers courses which are approved by the board to meet all course requirements of part 6400.6500, the board shall designate the institution as an approved academic program. If the institution offers courses approved by the board to meet five or more of the courses required in part 6400.6500, the board shall designate the institution as an approved course provider.
Subp. 2. Requesting course review. In submitting a program of study offered by an academic institution to meet all or some of the course requirements, the institution shall provide the following information in an application package for review by the board:
A. indication of whether the institution is requesting designation as an approved program or as an approved course provider;
B. evidence of the institution's current accreditation by a regional accrediting organization for higher education;
C. designation of a faculty member to serve as program director to coordinate the institution's program or course offerings with the board. The program director shall have authority to accept courses of equivalent content to those accepted by the board to fulfill academic course requirements specified in part 6400.6500 from students transferring to the institution and the program and from students enrolled in the program who cannot arrange class schedules to permit timely completion of the board-approved courses. The program director must report approval of courses so substituted to the board for each affected student who makes application for licensure to the board;
D. evidence of the establishment and use of an advisory group of administrators and others in the long-term care industry, including names and experience of group members and frequency of meetings, to review course requirements and practicum activities in order to provide guidance to keep courses current and make student experiences reality based and practical;
E. a description of the course of study offered or recommended by the institution for those interested in licensure as a nursing home administrator in Minnesota. Nothing in this chapter restricts institutions from designing or implementing curricula, or establishing requirements for courses, majors, or other designations offered by the institution, more comprehensive than required under this chapter for licensure;
F. a topic-by-topic review of all course requirements outlined in part 6400.6500 showing where and how within the institution's course offerings the outlined topics are covered;
G. an outline of each course offered by the institution to fulfill one or more of the licensure course requirements listing texts and materials used in the course; and
H. identification of one or more qualified faculty members to:
(1) coordinate practicum experiences for students;
(2) ensure that all practicums are conducted according to the requirements of part 6400.6600;
(3) provide instruction to any administrator becoming a preceptor for the first time after September 1, 1997, regarding objectives for the practicum and procedures to follow to structure and supervise a successful practicum experience for a student; and
(4) ensure that each practicum is initiated with a signed learning agreement between the student, faculty advisor, and preceptor outlining the roles and responsibilities of all three parties, the time to be spent by the student in each facility department in relation to the student's prior experience, and the learning outcomes expected for the student.
Subp. 3. Review and approval process. Upon receipt of an application package for approval of an academic institution program to meet board course requirements, the board shall acknowledge receipt of the request and identify any missing requirements to the program director. Upon receipt of all required information, the board shall review all materials presented and may conduct an on-site visit or request an appearance by one or more representatives of the institution at a meeting to review all material for conformance to requirements. Board members shall base their decision to approve or reject an academic institution program on whether or not the application materials presented provide assurance that students completing the program at the institution will cover the course topics outlined in part 6400.6500 with sufficient depth to enable the board to infer student attainment of the knowledge, skills, and abilities to begin work as a nursing home administrator. If the application package and discussion with program officials fail to show compliance with the rules or to provide sufficient evidence to satisfy the board members that they can infer beginning level competency among students completing the proposed course offerings, the board shall notify the program director in writing of the deficiencies the institution must remedy. Once all deficiencies are satisfactorily remedied, the board shall grant approval to the program or courses in writing and include reference to the institution's offerings in its correspondence with students interested in learning where courses approved by the board to meet licensure requirements are available. If the deficiencies are not corrected, the board shall deny approval for the program by written notice to the program director.
Subp. 4. Annual update. Annually on or before September 1, the program director of an institution with an approved program or courses shall file with the board on forms prescribed by the board for that purpose a report indicating the following:
A. number of students with known intent to pursue licensure as nursing home administrators in Minnesota enrolled during the past academic year in courses meeting board requirements;
B. any changes in any of the information presented to satisfy the requirements outlined in this part and part 6400.6500 since the initial application or since the update report of the preceding year; and
C. to the extent available, a schedule of when throughout the academic year the approved courses will be offered by the institution.
Subp. 5. Five-year program review.
A. Every fifth year following the board's initial approval of an academic institution's program or courses, the program director shall provide a complete review of the institution's program by submitting to the board by September 1 of the fifth year, a review application package in the same format and incorporating the same information as required in subpart 2 for a new program approval application. Where no change has occurred since the initial application, the program director may submit a copy of the initially submitted information with an updated date and attestation that the information is current.
B. The board shall review the five-year program review package submitted by the institution and approve or deny continued board approval for the program as provided in subpart 3. Where the board finds it necessary to deny continued approval to a program or to specific courses, the board shall provide information to the program director about ways in which students currently enrolled in the program may obtain supplementary or alternative courses to complete the requirements for licensure in view of the revocation of approval for courses offered by the institution. The program director shall provide the information to all students enrolled in the previously approved program or courses and shall work with the students to provide a smooth transition to alternative institutions offering approved courses.
Subp. 6. Transition provisions. Academic institutions approved by the board on May 5, 1997, as offering courses to meet the requirements specified in Minnesota Rules 1995, parts 6400.0100 to 6400.3200, shall continue to be designated as approved programs or course providers until September 1, 1999, provided they submit to the board by September 1, 1997, satisfactory evidence of coverage of Minnesota Rules 1995, part 6400.6400, subpart 5, item E, in their program or courses or require students enrolled in their program or courses to complete that topic by continuing education under Minnesota Rules 1995, part 6400.6570, subpart 1, item C. To continue to be designated by the board as an approved program or course provider after September 1, 1999, the institutions must submit an application for review and approval under subparts 1 and 2 and have their program or courses approved under subpart 3 by September 1, 1999.
LICENSES AND PERMITS
The board shall issue a license to a nursing home administrator who has been issued and currently holds a license as a nursing home administrator in another jurisdiction provided that:
A. the other jurisdiction maintains requirements for nursing home administrator licensure which are substantially equivalent to those required under part 6400.6000 or the applicant is currently certified as a nursing home administrator and provides the board evidence of having successfully completed a professional certification program in nursing facility administration endorsed by NAB;
B. the applicant has passed the Minnesota state examination within the immediate past two years;
C. the applicant is in good standing as a nursing home administrator in each jurisdiction from which the applicant has ever received a nursing home administrator license; and
D. the applicant has made application for licensure under part 6400.6100 and paid the applicable fees under part 6400.6970.
6400.6710 LICENSEE RESPONSIBILITIES.
Each licensee shall:
A. comply with the laws of Minnesota and the rules of the board and other Minnesota state agencies regarding licensure as a nursing home administrator and operation of a nursing facility in Minnesota;
B. provide notice to the board within ten working days of any change in mailing address or telephone number pursuant to Minnesota Statutes section 13.41 subd. 2 (b);
C. provide notice to the board within ten working days of any change in employment as a nursing home administrator for a nursing facility;
D. provide notice to the board within ten working days of the occurrence of any reprimand, restriction, limitation, condition, revocation, suspension, surrender, or other disciplinary action or the bringing of charges against any license the licensee holds as a nursing home administrator or other health care professional in Minnesota or any other jurisdiction; and
E. cooperate with the board by providing data, reports, or information requested by the board and complying with requests to attend conferences, meetings, or hearings scheduled by the board concerning license renewal or complaint investigation and discipline.
6400.6720 DISPLAYING LICENSES.
All licensees actively practicing as nursing home administrators shall display their license in a conspicuous place in the facility which the licensee administers, visible to residents and visitors.
6400.6730 DUPLICATE LICENSES.
Upon receipt of a notarized statement from a licensee that the licensee's license has been lost, mutilated, or destroyed, or that the licensee has had a name change, the board shall issue a duplicate license. Licensees obtaining duplicate licenses are subject to the applicable fee under part 6400.6970.
6400.6740 RENEWING LICENSES.
Subpart 1. Forms, time for renewal. Every individual who holds a valid license as a nursing home administrator issued by the board shall annually apply to the board on or before June 1 for renewal of the individual's license and shall report any information pertinent to continued licensure requested by the board on forms provided for that purpose. The applicant shall submit evidence satisfactory to the board and subject to audit under part 6400.6800, subpart 3, that during the annual period immediately preceding the renewal application the licensee has complied with the rules of the board and completed continuing education requirements for license renewal.
Subp. 2. Fees. Upon making an application for license renewal, the licensee shall pay the annual fee as specified under part 6400.6970. If submitting CE credits which include clock hours for workshops, seminars, institutes, or home study courses which have not been preapproved by the board, the licensee shall also pay a fee for review of clock hours based upon the total number of nonpreapproved clock hours being submitted for CE credit to meet renewal requirements. If the application for renewal has not been received by June 30 of each year, the license shall lapse and the holder of a lapsed license shall be subject to the reinstatement procedure and late renewal fees.
6400.6750 LICENSE REINSTATEMENT.
A nursing home administrator previously licensed in this state whose license has lapsed may apply under items A to C for reinstatement of a license within five years of the date the individual was last licensed. If an individual's license has been revoked or if the individual has not been licensed for five years or more, the license cannot be reinstated but the former licensee may apply for relicensure under the requirements in part 6400.6000.
A. If a license has been lapsed in Minnesota for less than two years prior to the date of the application for reinstatement, the board must reinstate the license if the former licensee has not had disciplinary action against a license in Minnesota or another jurisdiction during the time the Minnesota license was lapsed and the former licensee:
(1) files with the board a completed application for reinstatement;
(2) provides evidence of having completed the continuing education requirements under part 6400.6800, subpart 2, for each of the years the license has lapsed; and
(3) pays the license renewal and late fees in part 6400.6970 for each of the years the license has lapsed.
B. If a license has been lapsed in Minnesota for more than two years but less than five years prior to the date of the application for reinstatement and the former licensee has been continuously licensed as a nursing home administrator in one or more other jurisdictions since the date the license lapsed in Minnesota, the board must reinstate the license if the former licensee has not had disciplinary action against a license in Minnesota or another jurisdiction during the time the Minnesota license was lapsed and the former licensee:
(1) files with the board a completed application for reinstatement;
(2) provides evidence of having completed the continuing education requirements under part 6400.6800, subpart 2, for each of the years the license has lapsed;
(3) pays the license renewal and late fees specified in part 6400.6970 for each of the years the license has lapsed; and
(4) successfully completes the state examination.
C. If a license has been lapsed in Minnesota for more than two years but less than five years prior to the date of the application for reinstatement and the former licensee has not been continuously licensed in one or more jurisdictions since the date the license lapsed in Minnesota, the board must reinstate the license if the former licensee has not had disciplinary action against a license in Minnesota or another jurisdiction during the time the Minnesota license was lapsed and the former licensee:
(1) files with the board a completed application for reinstatement;
(2) provides evidence of having completed the continuing education requirements under part 6400.6800, subpart 2, for each of the years the license has lapsed;
(3) pays the license renewal and late fees specified in part 6400.6970 for each of the years the license has lapsed;
(4) successfully completes the state examination; and
(5) successfully completes the NAB examination.
6400.6760 VERIFICATION OF MINNESOTA LICENSE.
Upon request and payment of a fee under part 6400.6970 by the licensee, the board shall issue a certified statement of the licensee's licensure status and examination scores to another jurisdiction.
6400.6770 ACTING ADMINISTRATOR PERMITS.
Subpart 1. Board to issue permits. When the controlling persons of a nursing home designate an acting nursing home administrator under Minnesota Statutes, section 144A.27, the designee must secure an acting administrator's permit within 30 days of the termination of the previous licensed administrator. The board shall issue a permit to serve a facility as an acting administrator for up to six months from the termination of the facility's previous licensed administrator to an individual who meets the qualifications specified in subpart 2. A permit to serve a facility as an acting administrator is valid only for the holder's work with that facility and shall not be transferable to another facility. A permit to serve as acting administrator is not renewable beyond the six months for which it was issued.
Subp. 2. Qualifications. An applicant for a permit to serve a facility as an acting nursing home administrator must furnish satisfactory evidence that the applicant:
A. has graduated from high school or holds a general education development (GED) certificate of equivalent competency or has completed an associate or higher degree from an accredited postsecondary institution;
B. is at least 21 years of age;
C. has experience in the management of a nursing home or related facility or program or has completed a majority of the courses required for licensure under part 6400.6500;
D. has passed within the last two years the state examination under part 6400.6000 E and part 6400.6100 subp.4;and
E. is in good standing in each jurisdiction from which the applicant has ever received a nursing facility administrator license.
6400.6800 CONTINUING EDUCATION REQUIREMENTS.
Subpart 1. Renewal requirements. At the time of license renewal, each licensee shall provide evidence satisfactory to the board that the licensee has completed in the preceding year 20 CE credits of acceptable continuing education activities as specified in this part and part 6400.6850. Licensees in their first year of licensure shall have the number of CE credits required for license renewal prorated for the number of months they were licensed during the preceding year. For purposes of obtaining and presenting CE credits, a year shall run from May 1 to April 30.
Subp. 2. Evidence of CE requirement completion. Licensees must maintain proof as described in part 6400.6850 of having completed the number of CE credits claimed at the time of renewal and shall, upon request of the board, make that proof available for audit to verify completion of the number and validity of credits claimed. Documentation to prove completion of CE credits must be maintained by each licensee for four years from the last day of the licensure year in which the credits were earned.
Subp. 3. Audit. The board shall annually select on a random basis at least five percent of the licensees applying for renewal to have their claims of CE credits audited for compliance with board requirements. Nothing in this subpart shall prevent the board from requiring any individual licensee to provide evidence satisfactory to the board of having completed the CE credits required for license renewal.
Subp. 4. Acceptable content for CE activities. Unless otherwise specified in part 6400.6850, the content of continuing education activities must relate to one or more of the following:
A. administration of services for persons needing long-term care;
B. current issues and trends in long-term care;
C. the relationship of long-term care to other aspects of the health care continuum; and
D. responsibilities, tasks, knowledges, skills, and abilities required to perform nursing home administrator functions as outlined in the NAB domains of practice.
Subp. 5. Unacceptable content for CE activities. Subjects for continuing education which will not be accepted to meet license renewal requirements include, but are not limited to, general personal development including stress management, facility or company orientation, facility or company policies or procedural issues, organizational functions such as business meetings and election of officers, and medical treatment at a clinical level beyond that required for licensure as a nursing home administrator.
6400.6850 NUMBER OF CE CREDITS FOR ACTIVITIES.
Acceptable activities to meet continuing education requirements for license renewal and the number of CE credits that licensees may obtain for each are described in items A to K.
A. A licensee who attends board-approved seminars, institutes, or workshops shall receive CE credit on a clock-hour basis for the actual amount of time spent in the seminar rounded to the nearest lower one-quarter hour. To verify clock hours of attendance at seminars, institutes, or workshops, a licensee must maintain an attendance certificate provided by the sponsoring organization.
B. A licensee who completes board-approved home study courses, including correspondence work, televised courses, and audio or video tapes, shall receive CE credit for the number of clock hours reasonably required to complete the home study course as determined by the board. To verify completion of the course, the licensee must maintain a certificate of course completion from the sponsor which must include evidence of successful completion of a test corrected by the sponsor to ascertain attainment of the knowledge conveyed in the course.
C. A licensee who attends seminars, institutes, or workshops, or completes home study courses approved by the NAB/National Continuing Education Review Service (NCERS), shall receive CE credit on the basis of clock hours assigned by NAB/NCERS. To verify clock hours of attendance at NAB approved seminars, institutes, or workshops, or completion of NAB approved home study courses, the licensee must maintain a certificate provided by the NAB approved sponsor.
D. A licensee who attends, in another state, seminars, institutes, or workshops approved by the nursing home administrator licensing authority of the other state shall receive CE credit on the basis of the number of clock hours attended. To verify clock hours of attendance at seminars, institutes, or workshops approved by another state licensing authority, the licensee must maintain a certificate of attendance from the sponsor including verification of the approval from the state licensing authority.
E. A licensee who completes academic courses taken at an accredited postsecondary institution shall receive nine CE credits per quarter credit and 12 CE credits per semester credit. To verify completion of academic courses the licensee must maintain a copy of an academic transcript showing the course grade and date it was awarded.
F. A licensee who writes an article on a topic related to long-term care that is published in a national periodical shall receive two CE credits for an article of 500 to 1,000 words and one additional CE credit for each additional 500 words to a maximum of ten credits per year. To verify publication the licensee must maintain a copy of the periodical containing the published article.
G. A licensee who presents a paper or lecture of at least one hour at a national or statewide meeting shall receive two CE credits per one hour of initially presented lectures and one CE credit per hour of lectures repeating earlier presented material to a maximum of ten CE credits per year. To verify presentation the licensee must maintain a copy of the text of the information delivered and a copy of the program for the conference or workshop at which the paper or lecture was delivered.
H. A licensee who delivers a lecture of at least one hour at an academic institution shall receive two CE credits per one hour of initially presented lecture and one CE credit per hour of lecture repeating earlier developed material to a maximum of ten CE credits per year. To verify lecture delivery the licensee shall maintain corroboration from the participating academic institution.
I. A licensee who serves as a member of a board, committee, council, or work group which includes members from several nursing facilities or organizations and deals primarily with issues in nursing facility operation or long-term care shall receive one clock hour per membership position provided the group meets at least quarterly or for at least four hours of work in a year to a maximum of six CE credits per year for all membership positions combined. Where the licensee verifies that the licensee's participation on a single board, committee, council, or work group exceeded the minimum specified for a single CE credit by double the amount of hours of attendance, the licensee shall receive two CE credits per membership position to a maximum of six CE credits per year for all membership positions combined. To verify board, committee, council, or work group participation the licensee must maintain written verification of membership and attendance from an officer of the group.
J. A licensee who serves as a preceptor for a student's nursing facility administration practicum shall receive two CE credits per month spent serving as a preceptor to a maximum of 16 CE credits per year. To verify preceptor service the licensee must maintain corroboration of service from the participating academic institution. A licensee who attends training sessions to prepare administrators to be preceptors shall receive CE credit on the same clock-hour basis as for seminars, institutes, and workshops under item A.
K. Other continuing education activities not specified in items A to J may be approved for up to ten CE credits per year on an individual basis upon submission of information to the board concerning the activity in which the licensee has engaged, the results of the learning, the number of hours involved, the number of CE credits requested, and some means of verifying completion of the activity. The board shall consider the information submitted and determine whether to approve the activity and, if so, what number of CE credits to award for the activity and shall notify the requesting licensee of the board's determination. In making its determination, the board shall consider whether the activity contributed to the advancement and extension of professional skill and knowledge of the licensee in matters related to the practice of nursing facility administration.
6400.6870 SPONSORING CONTINUING EDUCATION.
Subpart 1. Applying for program approval. Individuals, groups, or organizations wishing to sponsor educational seminars, institutes, workshops, or home study programs shall submit the following, in writing, to the board to obtain review and approval for clock hours of CE credit for licensees to use in meeting continuing education requirements for license renewal:
A. date, time, and location of presentation;
B. presentation content, showing specific time periods, topic titles, and speakers including their professional qualifications;
C. number of clock hours requested to be approved;
D. a statement indicating the sponsor's willingness to maintain a means of verifying attendance and provide each attendee a certificate of attendance or other appropriate means of attesting to the number of clock hours actually attended by each attendee;
E. for home study programs, evidence of a testing process to measure the participant's attainment of knowledge and information provided in study materials; and
F. a fee under part 6400.6970 based on the number of clock hours requested to be reviewed and approved.
Subp. 2. Licensee sponsored programs and courses. A licensed administrator who attends a seminar, institute, or workshop, or participates in a home study course which has not been reviewed and approved by the board for a sponsor, may serve as the sponsor of a program and obtain review of the program and assignment of clock hours by submitting to the board office:
A. a copy of the seminar program or other document identifying the program content and other information required of program sponsors under subpart 1, items A to C; and
B. a fee in the same amount as would be charged to a sponsor under part 6400.6970, based on the total number of clock hours requested to be reviewed and approved.
Subp. 3. Review of sponsor requests. The board shall review sponsor requests and approve CE credit clock hours for programs with acceptable content, qualified presenters, and acceptable means of verifying attendance or measuring knowledge attainment under subpart 1 and part 6400.6800, subpart 4, and notify the requesting sponsor of the decision.
Subp. 4. Designation of registered continuing education sponsors. An organization which annually sponsors many educational seminars, institutes, workshops, or home study courses, may request designation by the board as a registered continuing education sponsor on an annual basis beginning May 1 and ending April 30. Registered continuing education sponsors may assign CE credit clock hours to their own program offerings applying the provisions of this chapter. The board shall review and approve requests for designation and authority as a registered continuing education sponsor provided the requesting agency meets the following requirements:
A. the sponsor is a regionally accredited university or college or division thereof or a state or national membership organization in the field of health care;
B. the sponsor has been a proven sponsor of continuing education programs acceptable to the board under subpart 3, for the two years preceding the request to be named a registered sponsor;
C. the sponsor has complied fully with the board's criteria for sponsors of continuing education programming;
D. the sponsor has made application on forms prescribed by the board and paid a nonrefundable filing fee of ten percent of the registered continuing education sponsor fee as specified in part 6400.6970;
E. the sponsor has signed an agreement to comply with the rules of the board in assigning clock hours to continuing education programs, providing certificates of attendance to participants, and providing the board with pertinent information concerning sponsored programs; and
F. the sponsor has paid the balance of the registered sponsor fee specified in part 6400.6970 within 30 days of notification by the board of approval of the organization as a registered continuing education sponsor.
Subp. 5. Performance review of registered sponsors. The board shall review performance of registered sponsors annually upon the sponsor's request to renew the one-year sponsor agreement with the board or more frequently if determined necessary in the judgment of the board and may remove registered sponsor status from an organization upon 30 days' notice if the sponsor has been found to violate the terms of the agreement with the board.
6400.6900 DISCIPLINARY ACTION.
Subpart 1. Criteria. The board may impose disciplinary action as described in subpart 2 against an applicant, the holder of a permit to serve as an acting administrator, or a licensee, when the board determines, by a preponderance of the evidence and after due notice and an opportunity to be heard at a contested case hearing, that the applicant, permit holder, or licensee:
A. has been convicted of a felony or gross misdemeanor, including a finding or verdict of guilt, whether or not the adjudication of guilt has been withheld or not entered, an admission of guilt, or a no contest plea, when the felony or gross misdemeanor is reasonably related to the practice of nursing home administration, as evidenced by a certified copy of the conviction;
B. has been convicted of a crime against a minor, including a finding or verdict of guilt, whether or not adjudication of guilt has been withheld or not entered, an admission of guilt, or a no contest plea;
C. is not eligible to be employed as a nursing home administrator under Minnesota Statutes, section 144A.04, subdivision 6;
D. has failed to comply with Minnesota Statutes, section 626.557, the Vulnerable Adult Act;
E. has violated a statute, rule, or order that the board issued or is empowered to enforce or that pertains to administration of a nursing facility or to the responsibilities of a nursing home administrator;
F. has discriminated against any resident or employee, based on age, race, sex, religion, color, creed, national origin, marital status, status with regard to public assistance, sexual orientation, or disability;
G. has committed acts of misconduct substantially related to the qualifications, function, or duties of a nursing home administrator and evidenced unfitness to perform as a nursing home administrator in a manner consistent with protecting resident health, safety, and welfare;
H. has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the conduct relates to the practice of nursing home administration, that adversely affects the individual's ability or fitness to practice as a nursing home administrator;
I. has engaged in unprofessional conduct or any other conduct with potential for causing harm to the public or facility residents including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice, as specified in state and federal statutes and rules concerning administration of nursing home facilities, without actual injury having to be established;
J. has failed to exercise true regard for the safety, health, or life of a resident;
K. has willfully permitted the unauthorized or illegal disclosure of information relating to a resident;
L. has engaged in sexual harassment, made sexual advances toward, or engaged in sexual contact with any resident, student, or trainee under the licensee's supervision, or engaged in sexual harassment of an employee, consultant, or visitor to the facility in which the licensee practices;
M. has practiced fraud, deceit, cheating, or misrepresentation, or provided misleading omission or material misstatement of fact, in securing, procuring, renewing, or maintaining a nursing home administrator license;
N. has used the licensee's professional status, title, position, or relationship as a nursing home administrator or licensee to coerce, improperly influence, or obtain money, property, or services from a resident, resident's family member or visitor, employee, or any person served by or doing business with the nursing facility that the licensee administers or is employed by;
O. has paid, given, has caused to be paid or given, or offered to pay or give to any person, a commission or other consideration for solicitation or procurement either directly or indirectly for nursing home patronage. Nothing in this item shall be construed to limit or restrict commercial advertisement;
P. has knowingly aided, advised, or allowed an unlicensed person to engage in the unlicensed practice of nursing home administration;
Q. has practiced fraudulent, misleading, or deceptive advertising with respect to the facility of which the licensee is administrator;
R. has wrongfully transmitted or surrendered possession of the licensee's license to any other person, either temporarily or permanently;
S. has falsely impersonated another licensee;
T. has practiced without current licensure;
U. has made a false statement or knowingly provided false or misleading information to the board, failed to submit reports as required by the board, failed to cooperate with an investigation of the board, the office of the attorney general, or the Minnesota Department of Health, or violated an order of the board;
V. has been the subject of a reprimand, restriction, limitation, condition, revocation, suspension, surrender, or other disciplinary action against the person's nursing home administrator license in another jurisdiction;
W. has failed to report a reprimand, restriction, limitation, condition, revocation, suspension, surrender, or other disciplinary action against the person's license as a nursing home administrator in another jurisdiction or failed to report the existence of a complaint or other charges against the person's nursing home administrator license in this or another jurisdiction or has been refused a license as a nursing home administrator by any other jurisdiction for reasons not related strictly to a difference in academic or experience requirements among jurisdictions; or
X. has abused or is dependent on alcohol, a legend drug as defined in Minnesota Statutes, chapter 151, a chemical as defined in Minnesota Statutes, chapter 151, or a controlled substance as defined in Minnesota Statutes, chapter 152, and this abuse or dependency has affected the performance of the licensee's duties.
Subp. 2. Actions. If grounds for disciplinary action exist under subpart 1, the board shall take one or more of the following actions:
A. refuse to grant a permit;
B. refuse to grant or renew a license;
C. revoke a license or permit;
D. suspend a license or permit;
E. impose limitations or conditions on a license or permit;
F. censure or reprimand the licensee or permit holder;
G. refuse to permit an applicant to take the licensure examination or refuse to release an applicant's examination score; or
H. any other action authorized by statute.
Subp. 3. Considerations. In determining what action to take under subpart 2, the board shall consider:
A. responsibility and response of the individual prior to, during, and after the occurrence;
B. extenuating circumstances;
C. repeat complaints against the individual; and
D. severity of or potential harm to residents.
Subpart 1. Payment types and nonrefundability. The fees imposed in this part shall be paid by cash, personal check, bank draft, cashier's check, or money order made payable to the Board of Examiners for Nursing Home Administrators. All fees are nonrefundable.
Subp. 2. Amounts. The amount of fees may be set by the board with the approval of the Department of Finance up to the limits provided in this part depending upon the total amount required to sustain board operations under Minnesota Statutes, section 16A.1285, subdivision 2. Information about fees in effect at any time is available from the board office. The maximum amounts of fees are:
A. application for licensure, $150;
B. for a prospective applicant for a review of education and experience advisory to the license application, $50, to be applied to the fee for application for licensure if the latter is submitted within one year of the request for review of education and experience;
C. state examination, $75;
D. initial license, $200, if issued between July 1 and December 31, $100 if issued between January 1 and June 30;
E. acting administrator permit, $250;
F. renewal license, $200;
G. duplicate license, $10;
H. fee to a sponsor for review of individual continuing education seminars, institutes, workshops, or home study courses:
(1) for less than seven clock hours, $30; and
(2) for seven or more clock hours, $50;
I. fee to a licensee for review of continuing education seminars, institutes, workshops, or home study courses not previously approved for a sponsor and submitted with an application for license renewal:
(1) for less than seven clock hours total, $30; and
(2) for seven or more clock hours total, $50;
J. late renewal fee, $50;
K. fee to a licensee for verification of licensure status and examination scores, $30; and
L. registration as a registered continuing education sponsor, $1,000.