Bill 3383

                    Current Status

Bill Number:               3383
Ratification Number:       450
Act Number                 390
Introducing Body:          House
Subject:                   Relating to the Board of Examiners for
                           Nursing Home Administrators

(A390, R450, H3383)

AN ACT TO AMEND SECTIONS 40-35-20, 40-35-30, 40-35-40, 40-35-50, AS AMENDED, 40-35-60, 40-35-70, 40-35-90 AND 40-35-100, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO CHANGE THE COMPOSITION AND QUALIFICATIONS OF THE MEMBERS AND VACANCY PROCEDURES, TO ESTABLISH LICENSURE EDUCATIONAL AND EXPERIENCE REQUIREMENTS, TO PROVIDE FOR EMERGENCY LICENSES, TO PROVIDE FOR BIENNIAL RENEWALS, TO CHANGE THE METHOD OF DETERMINING FEES, TO PROVIDE THAT FEES COLLECTED SHALL BE DEPOSITED IN THE GENERAL FUND, TO PROVIDE FOR PER DIEM AND EXPENSE ALLOWANCES, TO CHANGE OR ADD TO THE DUTIES OF THE BOARD, TO REQUIRE EXAMINATIONS OF PERSONS LICENSED BY OTHER JURISDICTIONS; AND TO AMEND ACT 608 OF 1978, RELATING TO THE SUNSET LAWS, SO AS TO CHANGE THE DATE FOR THE TERMINATION OF THE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS.

Be it enacted by the General Assembly of the State of South Carolina:

State Board of Examiners for Nursing Home Administrators

Section 1. Section 40-35-20 of the 1976 Code is amended to read:

"Section 40-35-20. There is created the State Board of Examiners for Nursing Home Administrators which shall be composed of nine members. Six shall be appointed by the Governor for three-year terms and until their successors are appointed and qualify, of which three shall be qualified nursing home administrators duly licensed under this chapter, at least one of whom shall be from a nonproprietary nursing home, one shall be a qualified hospital administrator, one shall be a medical doctor or nurse educator and one shall be a public member not engaged in the business of nursing home administrator.

The Commissioner of the Department of Social Services or his designee, the Commissioner of the Department of Health and Environmental Control or his designee and the Director of the Commission on Aging or his designee shall serve ex officio. In case of a vacancy the Governor shall appoint a successor to serve for the unexpired term. No appointive member shall serve more than two consecutive full terms. The board shall meet at least twice a year."

Licenses required--emergency licenses--unlawful acts

Section 2. Section 40-35-30 of the 1976 Code is amended to read:

"Section 40-35-30. The Board may issue licenses to qualified persons as nursing home administrators and shall establish qualification criteria. No license shall be issued to any person unless he shall have submitted evidence satisfactory to the board that he:

(1) is of legal age.

(3) is of sound physical and mental health.

(2) is of reputable and responsible character.

(4) has successfully completed a course of study for and been awarded a Baccalaureate Degree in Nursing Home Administration or related health care administration from an accredited college or university and has, in addition, completed one year of practical experience in Nursing Home Administration or related health care administration; or has successfully completed a non-health care related Baccalaureate Degree from an accredited college or university and has, in addition, completed two years of practical experience in Nursing Home Administration or related health care administration; or has completed a combination of education and experience acceptable under rules promulgated by the Board.

(5) has successfully completed the examination and paid the fee.

In the event of a bona fide emergency, such as the death of an administrator, departure of an administrator or similar event, the Board may issue an emergency license to an applicant who has met the above stated criteria but who has not passed the examination; provided, the holder must take the next regularly scheduled examination.

Emergency licenses shall not be renewable.

No nursing home within the State may operate except under the supervision of an administrator licensed in accordance with this chapter.

It shall be unlawful and constitute a misdemeanor for any person to act or serve in the capacity of a nursing home administrator unless he is the holder of a license as a nursing home administrator, issued in accordance with the provisions of this chapter. Any persons convicted of serving shall be subject to a fine not to exceed one hundred dollars or imprisonment not to exceed thirty days."

Licenses--further

Section 3. Section 40-35-40 of the 1976 Code is amended to read:

"Section 40-35-40. The board shall license nursing home administrators in accordance with the regulations issued, and from time to time revised by it. A nursing home administrator's license shall not be transferable and shall be valid until surrendered for cancellation or suspended or revoked for violation of this chapter or any other laws or regulations relating to the proper administration and management of a nursing home. Any denial of issuance or renewal, suspension, or revocation under any section of this chapter shall be subject to the review procedure of Section 40-35-130.

Licenses shall be renewable biennially on such dates as established by the Board, upon payment of the established fee and proof of requisite continuing education pursuant to Section 40-35-90(d)."

Fee schedule

Section 4. Section 40-35-50 of the 1976 Code, as last amended by Act 131 of 1979, is further amended to read:

"Section 40-35-50. The Board shall promulgate a fee schedule for the purpose of carrying out the provisions of this chapter pursuant to Act 176 of 1977."

Disposition of fees

Section 5. Section 40-35-60 of the 1976 Code is amended to read:

"Section 40-35-60. All fees collected by the board shall be deposited with the State Treasurer to the credit of the general fund."

Officers--compensation--personnel

Section 6. Section 40-35-70 of the 1976 Code is amended to read:

"Section 40-35-70. The board shall elect from its membership a chairman, vice chairman and secretary-treasurer and shall adopt regulations to govern its proceedings. The members of the board shall be compensated for their services at the regular per diem rate established by law for other state boards, committees and commissions and shall be reimbursed for actual and necessary expenses incurred in connection with and as a result of their work as members of the board. The board may employ and establish the duties of necessary personnel to assist it in the performance of its duties."

Powers and duties

Section 7. Section 40-35-90 of the 1976 Code is amended by striking items (d) and (e) and inserting:

"(d) Evaluate and approve necessary programs of training and instruction to enable all individuals granted a license to receive forty hours of continuing education biennially as a requirement of relicensure. This provision is to be effective beginning with the next relicensure period of each license.

(e) Evaluate and investigate complaints received by the board in order to ascertain whether the complaint reflects upon the administrator.

(f) Evaluate complaint and investigative information received from the Department of Health and Environmental Control, the nursing home ombudsman of the Governor's office, the Department of Social Services, the peer review of the S. C. Health Care Association or any other source, with a view to the improvement of the standards imposed for licensing, for decisions on revocation or suspension of licenses and for assessing the qualifications for relicensure of such administrators."

Licenses--reciprocity

Section 8. Section 40-35-100 of the 1976 Code is amended to read:

"Section 40-35-100. The board may issue a nursing home administrator's license to any person who holds a current license as a nursing home administrator from another jurisdiction if it finds that the standards for licensure in such other jurisdiction are at least the substantial equivalent of those prevailing in this State and if the applicant has passed the South Carolina portion of the licensure examination and is otherwise qualified."

Item repealed

Section 9. Subsection (A) of Section 6 of Act 608 of 1978 is amended by repealing item (4).

Termination date

Section 10. Subsection (C) of Section 6 of Act 608 of 1978 is amended by adding at the end:

"(7) Board of Examiners for Nursing Home Administrators."

Time effective

Section 11. This act shall take effect upon approval by the Governor.