Minnesota Legislature
SF 3283
as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am
Current Version - as introduced
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A bill for an act
relating to health-related licensing; requiring licensing for assisted living
administrators; amending Minnesota Statutes 2006, section 144A.19, subdivision
1; proposing coding for new law in Minnesota Statutes, chapter 144A.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2006, section 144A.19, subdivision 1, is amended to
read:
Subdivision 1.
Creation; membership.
new text begin (a) new text end There is hereby created the Board of
Examiners for deleted text begin Nursing Homedeleted text end new text begin Long-Term Carenew text end Administrators which shall consist of
the following members:
deleted text begin (a)deleted text end new text begin (1)new text end a designee of the commissioner of health who shall be a nonvoting member;
deleted text begin (b)deleted text end new text begin (2)new text end a designee of the commissioner of human services who shall be a nonvoting
member; deleted text begin and
deleted text end
new text begin
(3) a designee of the Office of Ombudsman for Long-Term Care who shall be a
nonvoting member; and
new text end
deleted text begin (c)deleted text end new text begin (4)new text end the following members appointed by the governor:
deleted text begin (1)deleted text end new text begin (i)new text end two members actively engaged in the management, operation, or ownership of
proprietary nursing homes;
deleted text begin (2)deleted text end new text begin (ii)new text end two members actively engaged in the management or operation of nonprofit
nursing homes;
new text begin
(iii) two members actively engaged in the management or operation of proprietary
assisted living facilities;
new text end
new text begin
(iv) two members actively engaged in the management or operation of nonprofit
assisted living facilities;
new text end
deleted text begin (3)deleted text end new text begin (v)new text end one member actively engaged in the practice of medicine;
deleted text begin (4)deleted text end new text begin (vi)new text end one member actively engaged in the practice of professional nursing; deleted text begin and
deleted text end
deleted text begin (5)deleted text end new text begin (vii)new text end three public members as defined in section 214.02new text begin ; and
new text end
new text begin (viii) one member from a public nonprofit statewide consumer advocacy groupnew text end .
new text begin
(b) At least 50 percent of the membership of the board shall consist of representatives
who reside outside the following nine-county metropolitan area: Anoka, Carver, Chisago,
Dakota, Hennepin, Isanti, Ramsey, Scott, and Washington counties.
new text end
Sec. 2.
new text begin
[144A.245] ASSISTED LIVING ADMINISTRATOR LICENSES.
new text end
new text begin Subdivision 1. new text end
new text begin License required. new text end
new text begin
The Board of Examiners for Long-Term
Care Administrators shall develop and enforce standards for licensing assisted living
administrators, who act as administrators of assisted living services under chapter 144G,
or assisted living facilities under chapter 144G. The board of examiners shall promulgate
rules to establish licensure criteria for assisted living administrators.
new text end
new text begin Subd. 2. new text end
new text begin Criteria. new text end
new text begin
The board of examiners shall establish qualification criteria for
assisted living administrators, and may issue licenses to qualified persons as assisted living
administrators. No license may be issued to a person as an assisted living administrator
unless that person:
new text end
new text begin
(1) is at least 21 years of age and otherwise suitably qualified;
new text end
new text begin
(2) has satisfactorily met standards set by the board of examiners, which shall be
designed to assure that assisted living administrators will be individuals who, by training
and experience, are qualified to serve as assisted living administrators; and
new text end
new text begin
(3) has passed an examination approved by the board and designed to test for
competence in the subject matters referred to in clause (2), or has been approved by
the board of examiners through the development and application of other appropriate
techniques.
new text end
new text begin Subd. 3. new text end
new text begin Continuing education requirements. new text end
new text begin
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 continuing education credits of acceptable continuing education
activities as specified by the board. Licensees in their first year of licensure shall have
the number of continuing education credits required for license renewal prorated for the
number of months they were licensed during the preceding year.
new text end
new text begin Subd. 4. new text end
new text begin Fees. new text end
new text begin
The board of examiners may impose the following fees:
new text end
new text begin
(1) application fee, $100;
new text end
new text begin
(2) license fee, $100;
new text end
new text begin
(3) license renewal fee, $60;
new text end
new text begin
(4) acting permit fee, $150;
new text end
new text begin
(5) license verification fee, $30;
new text end
new text begin
(6) examination fee, $75;
new text end
new text begin
(7) less than seven continuing education hours, $35;
new text end
new text begin
(8) seven or more continuing education hours, $55; and
new text end
new text begin
(9) education providers initial review, $250.
new text end
Sec. 3.
new text begin
[144A.246] ADMINISTRATOR'S LICENSE; PENALTY.
new text end
new text begin
No person shall act as an assisted living administrator or purport to be an assisted
living administrator unless that person is licensed by the Board of Examiners for
Long-Term Care Administrators. A violation of this section is a gross misdemeanor.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective December 31, 2009.
new text end
Sec. 4. new text begin APPROPRIATION.
new text end
new text begin
$75,000 is appropriated from the state government special revenue fund for
fiscal year 2009 to the Board of Examiners for Long-Term Care Administrators for the
rulemaking process and to administer licensing of assisted living administrators. This
appropriation is in addition to the funds appropriated to the Board of Examiners for
Nursing Home Administrators in Laws 2007, chapter 147, article 19, section 6.
new text end
Sec. 5. new text begin REVISOR'S INSTRUCTION.
new text end
new text begin
The revisor of statutes shall change the term "Board of Examiners for Nursing Home
Administrators" to "Board of Examiners for Long-Term Care Administrators," wherever
that term appears in Minnesota Statutes and Minnesota Rules.
new text end