AN ACT
Relating to nursing home administration; amending RCW 18.52.020, 18.52.030,
18.52.040, 18.52.050, 18.52.110, 18.52.130, and 18.52.140; adding new sections
to chapter 18.52 RCW; and repealing RCW 18.52.060, 18.52.100, 18.52.170, and
18.52.070.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
Sec.
1. RCW
18.52.020 and 1991 c 3 s 116 are each amended to read as follows:
When
used in this chapter, unless the context otherwise clearly requires:
(1)
"Board" means the state board ((of examiners for the licensing))
of nursing home administrators representative of the professions and
institutions concerned with the care of the chronically ill and infirm aged
patients.
(2)
"Secretary" means the secretary of health or the secretary's
designee.
(3)
"Nursing home" means any facility or portion thereof licensed under
state law as a nursing home.
(4)
"Nursing home administrator" means an individual ((in active
administrative charge of nursing homes as defined herein, whether or not having
an ownership interest in such homes, and although functions and duties may be
shared with or delegated to other persons: PROVIDED HOWEVER, That)) qualified
by education, experience, training, and examination to administer a nursing home.
A nursing home administrator administering a nursing home must be in active
administrative charge as defined by the board. Nothing in this definition
or this chapter shall be construed to prevent any person, so long as he or she
is otherwise qualified, from obtaining and maintaining a license even though he
or she has not administered or does not continue to administer a nursing home.
NEW
SECTION. Sec. 2. A new
section is added to chapter 18.52 RCW to read as follows:
In
addition to any other authority provided by law, the secretary shall have the
following authority:
(1) To
set all fees required in this chapter in accordance with RCW 43.70.250 which
may include fees for approval of continuing competency, supervision of
practical experience, all applications, verification, renewal, examination, and
late penalties;
(2) To
establish forms necessary to administer this chapter;
(3) To
issue a license to any applicant who has met the education, training, and
examination requirements for licensure and deny a license to applicants who do
not meet the minimum qualifications for licensure, except that proceedings
concerning the denial of licenses based on unprofessional conduct or impaired
practice shall be governed by the uniform disciplinary act, chapter 18.130 RCW;
(4) To
employ clerical, administrative, and investigative staff as needed to implement
and administer this chapter and to employ individuals including those licensed
under this chapter to serve as examiners or consultants as necessary to
implement and administer this chapter; and
(5) To
maintain the official department record of all applicants and licensees.
Sec.
3. RCW
18.52.030 and 1970 ex.s. c 57 s 3 are each amended to read as follows:
((On
or after July 1, 1970)) Nursing homes operating within this state ((must))
shall be under the active, overall administrative charge and supervision
of an on-site full-time administrator licensed as provided in this
chapter. ((An administrator may delegate functions and duties to other
persons.)) No person acting in any capacity, unless ((he is)) the
holder of a nursing home administrator's license issued under this chapter,
shall be charged with the overall responsibility to make decisions or direct
actions involved in managing the internal operation of a nursing home,
except as specifically delegated in writing by the administrator to identify a
responsible person to act on the administrator's behalf when the administrator
is absent. The administrator shall review the decisions upon the
administrator's return and amend the decisions if necessary. The board shall
define by rule the parameters for on-site full-time administrators in nursing
homes with small resident populations and nursing homes in rural areas, or
separately licensed facilities collocated on the same campus, as well as
provide for the administrative requirements for nursing homes that are
temporarily without administrators.
Sec.
4. RCW
18.52.040 and 1975 1st ex.s. c 97 s 1 are each amended to read as follows:
((There
is hereby created a)) The state board of ((examiners for))
nursing home administrators ((which)) shall consist of nine members
appointed by the governor. ((All members shall be representative of the
professions and institutions concerned with the care and treatment of
chronically ill or infirm elderly patients. However, at no time shall
representatives of a single profession or a single institutional category
compose a majority of the board membership. In addition, no member who is a
noninstitutional representative shall have any direct financial interest in
nursing homes while serving as a member of the board. For purposes of this
section, nursing home administrators are considered representatives of
institutions. Eight of the board's members shall be privately or self-employed
persons who the governor finds have had at least four years of actual
experience in the administration or overall management of licensed nursing
homes in this state immediately prior to the governor's appointment of them to
the board; or shall be representatives from the medical professions, or health
care administration education, or persons with four years actual experience in
the administration of the nursing home unit of a licensed hospital immediately
preceding the governor's appointment of them to the board; and shall be
privately or self-employed persons, or persons employed by educational
institutions, whom the governor appoints because of their special knowledge or
expertise in the field of long term care or the care of the aged and
chronically ill: PROVIDED, That one member shall be a citizen eligible for
medicare who shall have no financial interest in or family ownership connection
with nursing homes. Board members selected who meet any of the preceding
qualifications may in addition be nurses, physicians or other persons with
special health care training.)) Four members shall be persons licensed
under this chapter who have at least four years actual experience in the
administration of a licensed nursing home in this state immediately preceding
appointment to the board and who are not employed by the state or federal
government.
Four
members shall be representatives of the health care professions providing
medical or nursing services in nursing homes who are privately or
self-employed; or shall be persons employed by educational institutions who
have special knowledge or expertise in the field of health care administration,
health care education or long-term care or both, or care of the aged and
chronically ill.
One
member shall be a resident of a nursing home or a family member of a resident
or a person eligible for medicare. No member who is a nonadministrator
representative shall have any direct or family financial interest in nursing
homes while serving as a member of the board. The governor shall consult
with and seek the recommendations of the appropriate state-wide business and
professional organizations and societies primarily concerned with long term
health care facilities in the course of considering his appointments to the
board. Board members currently serving shall continue to serve until the
expiration of their appointments.
Sec.
5. RCW
18.52.050 and 1970 ex.s. c 57 s 5 are each amended to read as follows:
Members
of the board shall be citizens of the United States and residents of this
state. ((Except for the initial appointments to the first board,)) All
administrator members of the board shall be holders of licenses under this
chapter. ((Three members of the board shall be appointed initially for terms
of three years, three members shall be appointed for terms of two years, and
three members shall be appointed for terms of one year. Thereafter)) The
terms of all members shall be ((three)) five years. ((Members
of the board may be removed by the governor for cause after appropriate notice
and hearing.)) Any board member may be removed for just cause including
a finding of fact of unprofessional conduct or impaired practice. The governor
may appoint a new member to fill any vacancy on the board for the remainder of
the unexpired term. No board member may serve more than two consecutive terms,
whether full or partial. Board members shall serve until their successors are
appointed. Board members shall be compensated in accordance with RCW 43.03.240
and shall be reimbursed for travel expenses as provided in RCW 43.03.050 and
43.03.060. The board may elect annually a chair and vice-chair to direct the
meetings of the board. The board shall meet at least four times each year and
may hold additional meetings as called by the secretary or the chair.
NEW
SECTION. Sec. 6. A new
section is added to chapter 18.52 RCW to read as follows:
In
addition to any authority provided by law, the board shall have the following
authority:
(1) To
adopt rules in accordance with chapter 34.05 RCW necessary to implement this
chapter;
(2) To
prepare and administer or approve the preparation and administration of
examinations for licensure;
(3) To
conduct a hearing on an appeal of a denial of license based on the applicant's
failure to meet the minimum qualifications for licensure. The hearing shall be
conducted pursuant to chapter 34.05 RCW;
(4) To
establish by rule the procedures for an appeal of an examination failure;
(5) To
adopt rules implementing a continuing competency program;
(6) To
issue subpoenas, statements of charges, statements of intent to deny licenses,
and orders, and to delegate in writing to a designee to issue subpoenas; and
(7) To
issue temporary license permits under circumstances defined by the board.
NEW
SECTION. Sec. 7. A new
section is added to chapter 18.52 RCW to read as follows:
The
department shall issue a license to any person applying for a nursing home
administrator's license after July 1, 1993, who meets the following
requirements:
(1)
Successful completion of the requirements for a baccalaureate degree from a
recognized institution of higher learning: PROVIDED, That if education
requirements are adopted by the federal government, the board may adopt rules
requiring educational qualifications to meet those requirements;
(2)
Successful completion of a practical experience requirement as determined by
the board;
(3)
Successful completion of examinations administered or approved by the board, or
both, which shall be designed to test the candidate's competence to administer
a nursing home;
(4) At
least twenty-one years of age; and
(5)
Not having engaged in unprofessional conduct as defined in RCW 18.130.180 or
being unable to practice with reasonable skill and safety as defined in RCW
18.130.170. The board shall establish by rule what constitutes adequate proof
of meeting the above requirements.
A
limited license indicating the limited extent of authority to administer
institutions certified by such church or denomination teaching religious or
spiritual means for healing through prayer, shall be issued to individuals
demonstrating membership in such church or denomination. However, nothing in
this chapter shall be construed to require an applicant certified by any well
established and generally recognized church or religious denomination teaching
reliance on spiritual means alone to demonstrate proficiency in any medical
techniques or to meet any medical educational qualifications or medical
standards not in accord with the remedial care and treatment provided in such
institutions.
Sec.
8. RCW
18.52.110 and 1991 c 3 s 120 are each amended to read as follows:
(1)
Every holder of a nursing home administrator's license shall reregister ((it
annually with the secretary)) on dates specified by the secretary ((by
making application for reregistration on forms provided by the secretary)).
Such ((reregistration)) relicensure shall be granted ((automatically))
upon receipt of a fee determined by the secretary as provided in RCW 43.70.250,
and upon fulfilling the continuing competency requirement. In the event
that any license is not reregistered ((within thirty days after the date for
reregistration specified by the secretary)), the secretary ((shall, in
accordance with rules prescribed by the board, give notice to the license
holder, and)) may ((thereafter in accordance with rules prescribed by
the board)) charge up to double the ((normal reregistration)) relicensure
fee. In the event that the license of an individual is not ((reregistered))
relicensed within two years from the most recent date for ((reregistration))
relicensure it shall lapse and such individual must again apply for
licensing and meet all requirements of this chapter for a new applicant. The
board may prescribe rules for maintenance of a license at a reduced fee for
temporary or permanent withdrawal or retirement from the active practice of
nursing home administration.
(2) A
condition of ((reregistration)) relicensure shall be the
presentation of proof by the applicant that ((he or she has attended the
number of classroom hours of approved educational programs, classes, seminars,
or proceedings set by the board. The board shall have the power to approve
programs, classes, seminars, or proceedings offered in this state or elsewhere
by any accredited institution of higher learning or any national or local group
or society if such programs, classes, seminars, or proceedings are reasonably
related to the administration of nursing homes. The board shall establish
rules providing that the applicant for reregistration may present such proofs
yearly, or may obtain the cumulative number of required hours over a three year
period and present such proofs over periods of three years. In no event shall
the number of classroom hours required for any time period exceed the number of
such board approved classroom hours reasonably available over such time period
on an adult or continuing education basis to nonmatriculating participants in
this state.
(3)
An individual may obtain and reregister a license under this chapter although
he or she does not actively engage in nursing home administration. The
licensee shall meet requirements set by the board to ensure the individual's
continued competency)) the board requirement for
continuing competency related to the administration of nursing homes has been
met.
Sec.
9. RCW
18.52.130 and 1991 c 3 s 121 are each amended to read as follows:
The
secretary may issue a nursing home administrator's license to anyone who holds
a current administrator's license from another jurisdiction upon receipt of
an application fee ((determined by the secretary as provided in RCW
43.70.250)) and an annual license fee, ((the secretary may issue a
nursing home administrator's license, without examination, to any person who
holds a current license as a nursing home administrator from another
jurisdiction: PROVIDED, That the board finds that)) as provided in RCW
43.70.250, if the standards for licensing in such other jurisdiction are ((at
least the substantial)) substantially equivalent ((of)) to
those prevailing in this state, and that the applicant is otherwise qualified((.
In the event that there is developed a nationally recognized standard for the
licensing of nursing home administrators which is in fact utilized in licensing
procedures on a reasonably uniform basis the board may by rule or regulation
provide for granting reciprocal licensing on a showing of compliance with such
standard)) as determined by the board.
Sec.
10. RCW
18.52.140 and 1970 ex.s. c 57 s 14 are each amended to read as follows:
It
shall be unlawful and constitute a gross misdemeanor for any person to act or
serve in the capacity of a nursing home administrator unless he or she
is the holder of a nursing home administrator's license issued in accordance
with the provisions of this chapter: PROVIDED HOWEVER, That persons carrying
out functions and duties delegated by a licensed administrator as defined in
RCW 18.52.030 shall not be construed to be committing any unlawful act
under this chapter.
NEW
SECTION. Sec. 11. The
following acts or parts of acts are each repealed:
(1) RCW
18.52.060 and 1991 c 3 s 117, 1984 c 287 s 40, 1979 c 158 s 45, 1975-'76 2nd
ex.s. c 34 s 38, & 1970 ex.s. c 57 s 6;
(2) RCW
18.52.100 and 1991 c 3 s 119, 1987 c 150 s 33, 1977 ex.s. c 243 s 4, & 1970
ex.s. c 57 s 10; and
(3) RCW
18.52.170 and 1970 ex.s. c 57 s 19.
NEW
SECTION. Sec. 12. RCW
18.52.070 and 1991 c 3 s 118, 1984 c 279 s 65, 1977 ex.s. c 243 s 2, 1975 1st
ex.s. c 30 s 52, & 1970 ex.s. c 57 s 7 are each repealed, effective July 1,
1993.
