Date of Adoption: November 19, 1999.

Purpose: Amendatory sections and new sections reorganize and update existing language relating to examination for license. Amendatory language eliminates part 2, the state law examination, from the examination for nursing home administrators license. Amendatory section on endorsement includes reference to the American College of Health Care Administrators and clarifies that people licensed in another state are exempt from taking the current national examination if they have previously passed the exam. New section on temporary practice permits streamlines agency process to obtain a permit. Repealer eliminates language incorporated in amendatory and new sections.

Citation of Existing Rules Affected by this Order: Repealing WAC 246-843-080, 246-843-100, 246-843-110, 246-843-115, 246-843-120, 246-843-122, and 246-843-170; and amending WAC 246-843-070 and 246-843-230.

Statutory Authority for Adoption: Chapter 18.52 RCW.

Other Authority: Chapter 34.05 RCW, RCW 18.130.075.

Adopted under notice filed as WSR 99-20-093 on October 5, 1999.

Number of Sections Adopted in Order to Comply with Federal Statute: New 0, Amended 0, Repealed 0; Federal Rules or Standards: New 0, Amended 0, Repealed 0; or Recently Enacted State Statutes: New 0, Amended 0, Repealed 0.

Number of Sections Adopted at Request of a Nongovernmental Entity: New 0, Amended 0, Repealed 0.

Number of Sections Adopted on the Agency's Own Initiative: New 5, Amended 2, Repealed 7.

Number of Sections Adopted in Order to Clarify, Streamline, or Reform Agency Procedures: New 5, Amended 2, Repealed 7.

Number of Sections Adopted Using Negotiated Rule Making: New 0, Amended 0, Repealed 0; Pilot Rule Making: New 0, Amended 0, Repealed 0; or Other Alternative Rule Making: New 0, Amended 0, Repealed 0. Effective Date of Rule: Thirty-one days after filing.

November 24, 1999

Barbara A. Hayes

Program Manager

OTS-2406.3

AMENDATORY SECTION(Amending Order 141B, filed 3/1/91, effective 4/1/91)

WAC 246-843-070
((Scheduling of)) Examination((s and reexaminations)).

(1) The board ((shall determine the subjects of examination of applicants for license as a nursing home administrator, and the scope, content, form, and character of such examinations which in any examination shall be the same for all candidates.

(2) Examination shall be held not less then semiannually and at such times and places as shall be designated by the board.

(3) Following the close of every examination, a permanent record stating in detail the result of the examination for each candidate shall be kept by the board.)) approves subjects of examination for license. The scope, content, form, and character of examination shall be the same for all candidates taking the examination.

(2) The examination consists of the National Association of Boards of Examiners for Long-Term Care Administrators (NAB) national examination.

(3) Subjects for examination may include, but not be limited to: Resident care management, personnel management, financial management, environmental management, and governance and management.

(4) Examinations shall be given at least semiannually at times and places designated by the department.

[Statutory Authority: RCW 18.52.100.      91-06-060 (Order 141B), recodified as § 246-843-070, filed 3/1/91, effective 4/1/91; Order PL 107, § 308-54-070, filed 3/3/71.]

(1) An applicant must pay applicable fees and submit an application for initial credential on forms approved by the secretary. Refer to chapter 246-12 WAC, Part 2.

(2) Applications shall be completed in every respect prior to the examination date.

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(1) Failure to follow written or oral instructions relative to the conduct of an examination, including ending time of the examination, is ground for disqualification from the examination.

(2) Disqualified candidates shall be notified of the reasons for disqualification.

(3) Disqualified candidates may request an adjudicative proceeding. Refer to chapter 246-11 WAC.

(4) Disqualified candidates may submit a new application, provided the candidate meets current requirements.

(5) Candidates who fail an examination may update their application, pay the appropriate fee and retake the examination until obtaining a passing score.

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(1) An applicant for a nursing home administrator license is required to pass the national examination with a passing score established by the National Association of Boards of Examiners for Long-Term Care Administrators (NAB).

(2) The candidate shall be notified about their examination score in writing.

(3) The board and the department shall not disclose the candidate's score to anyone other than the candidate, unless requested to do so in writing by the candidate.

(4) The NAB examination is scored using a criterion-referenced method.

(5) A permanent record of the result of examination for each candidate shall be kept by the board.

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(1) Each individual candidate who does not pass the examination may request informal review of failed examination questions. The request must be in writing and postmarked within thirty days of notification of the examination result. The request must state the reasons the candidate feels the result of the examination should be changed. The board will allow review of failed questions only if the potentially revised score would be a passing score. The board will consider the following to be adequate reasons for review of failed examination questions:

(a) A showing of a significant procedural error in the examination process;

(b) Evidence of bias, prejudice, or discrimination in the examination process; or

(c) Other significant errors which result in substantial disadvantage to the candidate.

(2) In addition to the written request the candidate must contact the department to make an appointment to appear personally to review the failed examination questions.

(a) The candidate's incorrect answers will be available during the review. The candidate must identify the specific questions and state the specific reason why the candidate believes his or her answers are correct on a form provided by the department during the review.

(b) The candidate will be allowed one half the time originally allotted for examination to complete the review.

(c) The candidate may not use any resource materials while completing the review.

(d) The candidate may not remove any notes or materials from the site of the review.

(e) The candidate will be notified in writing of the board's decision on the review documentation.

(3) A candidate who is not satisfied with the board's decision may request a formal hearing. Such request must be postmarked within twenty days of service of the board's decision on the review of the failed examination questions. Refer to chapter 246-11 WAC, Section V.

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(1) The board((, at its discretion, and otherwise subject to the law pertaining to the licensing of nursing home administrators prescribing the qualifications for a nursing home administrator license)) may endorse a nursing home administrator ((license issued by the proper authorities of any other)) currently licensed in another state((, upon payment of the original license fee and the application fee, and upon submission of evidence satisfactory to the board:

(1) That such other state maintains a system and standard of qualification and examination for a nursing home administrator license, which are substantially equivalent to those required in this state;

(2) That such applicant for endorsement is examined and successfully passes the test related to Washington state local health and safety nursing home regulations; and

(3) That such applicant has not had a nursing home administrator license revoked or suspended in any state)) if that state requires qualifications substantially equivalent to qualifications required by RCW 18.52.071. To obtain a license by endorsement the applicant must:

(a) Pay applicable application fee;

(b) Submit an application on forms approved by the secretary;

(c) Submit a verification form from all states in which currently or previously licensed that verifies the applicant:

(i) Was or is currently licensed;

(ii) Has not had a nursing home administrator license revoked or suspended; and

(iii) Has passed the national examination;

(d) Submit a certified transcript of baccalaureate or higher degree, mailed to the department directly from the college or university;

(e) Have completed seven clock hours of AIDS education and training. Refer to chapter 246-12 WAC, Part 8.

(2) Applicants who are:

(a) Certified by the American College of Health Care Administrators (ACHCA) may submit verification of ACHCA certification in lieu of college degree transcript.

(b) Currently certified by ACHCA are exempt from taking the current NAB national examination.

(c) Licensed as a nursing home administrator in another state and who have previously passed the national examination are exempt from taking the current NAB national examination.

[Statutory Authority: RCW 43.70.280.      98-05-060, § 246-843-230, filed 2/13/98, effective 3/16/98.      Statutory Authority: RCW 18.52.100.      91-24-050 (Order 217B), § 246-843-230, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as § 246-843-230, filed 3/1/91, effective 4/1/91.      Statutory Authority: RCW 18.52.100(14).      87-02-008 (Order PM 633), § 308-54-230, filed 12/29/86; Order PL 107, § 308-54-230, filed 3/3/71.]

(1) A temporary practice permit may be issued for a period up to six months. A temporary practice permit holder is not eligible for a subsequent permit. A temporary practice permit shall be valid only for the specific nursing home for which it is issued and shall terminate upon the permit holder's departure from the nursing home, unless otherwise approved by the board. An applicant shall meet the following criteria:

(a) Submit temporary permit fee and application form approved by the secretary for initial credential;

(b) Submit verification from each state in which currently licensed that applicant is currently licensed and in good standing as a nursing home administrator in that state;

(c) Have a written agreement for consultation with a Washington state licensed nursing home administrator.

(2) Subsection (1)(b) of this section does not apply if the applicant is an administrator of a religious care facility acting under a limited licensed described in RCW 18.52.071.

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     The following sections of the Washington Administrative Code are repealed:

WAC 246-843-080	Application for examination.
WAC 246-843-100	Disqualification -- Reexamination.
WAC 246-843-110	Subjects for examination.
WAC 246-843-115	Examination procedures.
WAC 246-843-120	Grading examinations.
WAC 246-843-122	Examination review procedures.
WAC 246-843-170	Temporary permits.

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