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Minnesota Legislature

Office of the Revisor of Statutes

SF 933

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/07/2019 04:14pm

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to health; making technical changes to sections relating to the Board of
Examiners for Nursing Home Administrators; establishing licensure for health
services executives; amending Minnesota Statutes 2018, sections 144A.04,
subdivision 5; 144A.20, subdivision 1; 144A.24; 144A.26; proposing coding for
new law in Minnesota Statutes, chapter 144A; repealing Minnesota Rules, part
6400.6970.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 144A.04, subdivision 5, is amended to read:


Subd. 5.

Administrators.

deleted text begin(a)deleted text end Each nursing home must employ an administrator who
must be licensed or permitted as a nursing home administrator by the Board of deleted text beginExaminers
for Nursing Home Administrators
deleted text endnew text begin Executives for Long Term Services and Supportsnew text end. The
nursing home may share the services of a licensed administrator. The administrator must
maintain deleted text begina sufficientdeleted text endnew text begin annew text end on-site presence in the facility to effectively manage the facility in
compliance with applicable rules and regulations. The administrator must establish procedures
and delegate authority for on-site operations in the administrator's absence, but is ultimately
responsible for the management of the facility. Each nursing home must have posted at all
times the name of the administrator and the name of the person in charge on the premises
in the absence of the licensed administrator.

deleted text begin (b) Notwithstanding sections 144A.18 to 144A.27, a nursing home with a director of
nursing serving as an unlicensed nursing home administrator as of March 1, 2001, may
continue to have a director of nursing serve in that capacity, provided the director of nursing
has passed the state law and rules examination administered by the Board of Examiners for
Nursing Home Administrators and maintains evidence of completion of 20 hours of
continuing education each year on topics pertinent to nursing home administration.
deleted text end

Sec. 2.

Minnesota Statutes 2018, section 144A.20, subdivision 1, is amended to read:


Subdivision 1.

Criteria.

The Board of deleted text beginExaminersdeleted text endnew text begin Executivesnew text end may issue licenses to
qualified persons as nursing home administrators, and shall establish qualification criteria
for nursing home administrators. No license shall be issued to a person as a nursing home
administrator unless that person:

(1) is at least 21 years of age deleted text beginand otherwise suitably qualifieddeleted text end;

(2) has satisfactorily met standards set by the Board of deleted text beginExaminersdeleted text endnew text begin Executivesnew text end, which
standards shall be designed to assure that nursing home administrators will be individuals
who, by training or experience are qualified to serve as nursing home administrators; and

(3) has passed an examination approved by the board and designed to test for competence
in the deleted text beginsubject mattersdeleted text endnew text begin standardsnew text end referred to in clause (2), or has been approved by the Board
of deleted text beginExaminersdeleted text endnew text begin Executivesnew text end through the development and application of other appropriate
techniques.

Sec. 3.

Minnesota Statutes 2018, section 144A.24, is amended to read:


144A.24 DUTIES OF THE BOARD.

The Board of deleted text beginExaminersdeleted text endnew text begin Executivesnew text end shall:

(1) develop and enforce standards for nursing home administrator licensing, which
standards shall be designed to assure that nursing home administrators will be individuals
of good character who, by training or experience, are suitably qualified to serve as nursing
home administrators;

(2) develop appropriate techniques, including examinations and investigations, for
determining whether applicants and licensees meet the board's standards;

(3) issue licenses and permits to those individuals who are found to meet the board's
standards;

(4) establish and implement procedures designed to assure that individuals licensed as
nursing home administrators will comply with the board's standards;

(5) receive and investigate complaints and take appropriate action consistent with chapter
214, to revoke or suspend the license or permit of a nursing home administrator or acting
administrator who fails to comply with sections 144A.18 to 144A.27 or the board's standards;

(6) conduct a continuing study and investigation of nursing homes, and the administrators
of nursing homes within the state, with a view to the improvement of the standards imposed
for the licensing of administrators and improvement of the procedures and methods used
for enforcement of the board's standards; and

(7) approve or conduct courses of instruction or training designed to prepare individuals
for licensing in accordance with the board's standards. deleted text beginCourses designed to meet license
renewal requirements shall be designed solely to improve professional skills and shall not
include classroom attendance requirements exceeding 50 hours per year.
deleted text end The board may
approve courses conducted within or without this state.

Sec. 4.

Minnesota Statutes 2018, section 144A.26, is amended to read:


144A.26 RECIPROCITY WITH OTHER STATESnew text begin AND EQUIVALENCY OF
HEALTH SERVICES EXECUTIVE
new text end.

new text begin Subdivision 1. new text end

new text begin Reciprocity. new text end

The Board of Examiners 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 if the board finds that the standards
for licensure in the other jurisdiction are at least the substantial equivalent of those prevailing
in this state and that the applicant is otherwise qualified.

new text begin Subd. 2. new text end

new text begin Health services executive license. new text end

new text begin The Board of Examiners may issue a health
services executive license to any person who (1) has been validated by the National
Association of Long Term Care Administrator Boards as a health services executive, and
(2) has met the education and practice requirements for the minimum qualifications of a
nursing home administrator, assisted living administrator, and home and community-based
service provider. Licensure decisions made by the board under this subdivision are final.
new text end

Sec. 5.

new text begin [144A.291] FEES.
new text end

new text begin Subdivision 1. new text end

new text begin Payment types and nonrefundability. new text end

new text begin The fees imposed in this section
shall be paid by cash, personal check, bank draft, cashier's check, or money order made
payable to the Board of Executives for Long Term Services and Supports. All fees are
nonrefundable.
new text end

new text begin Subd. 2. new text end

new text begin Amount. new text end

new text begin The amount of fees may be set by the Board of Executives with the
approval of Minnesota Management and Budget up to the limits provided in this section
depending upon the total amount required to sustain board operations under 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:
new text end

new text begin (1) application for licensure, $150;
new text end

new text begin (2) 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;
new text end

new text begin (3) state examination, $75;
new text end

new text begin (4) licensed nursing home administrator initial license, $200 if issued between July 1
and December 31, $100 if issued between January 1 and June 30;
new text end

new text begin (5) acting administrator permit, $250;
new text end

new text begin (6) renewal license, $200;
new text end

new text begin (7) duplicate license, $10;
new text end

new text begin (8) fee to a sponsor for review of individual continuing education seminars, institutes,
workshops, or home study courses:
new text end

new text begin (i) for less than seven clock hours, $30; and
new text end

new text begin (ii) for seven or more clock hours, $50;
new text end

new text begin (9) 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:
new text end

new text begin (i) for less than seven clock hours total, $30; and
new text end

new text begin (ii) for seven or more clock hours total, $50;
new text end

new text begin (10) late renewal fee, $50;
new text end

new text begin (11) fee to a licensee for verification of licensure status and examination scores, $30;
new text end

new text begin (12) registration as a registered continuing education sponsor, $1,000; and
new text end

new text begin (13) health services executive initial license, $200 if issued between July 1 and December
31, $100 if issued between January 1 and June 30.
new text end

Sec. 6. new text beginREVISOR INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the phrases "Board of Examiners for Nursing Home
Administrators" to "Board of Executives for Long Term Services and Supports" and "Board
of Examiners" to "Board of Executives" wherever the phrases appear in Minnesota Statutes
and apply to the board established in Minnesota Statutes, section 144A.19.
new text end

Sec. 7. new text begin REPEALER.
new text end

new text begin Minnesota Rules, part 6400.6970, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Rule: S0933-1

6400.6970 FEES.

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 Management and Budget 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.