Minnesota Session Laws - 1999, Regular Session

                            CHAPTER 102-S.F.No. 1273 
                  An act relating to professions; modifying provisions 
                  relating to nursing home administrator licensing, the 
                  board of examiners for nursing home administrators, 
                  immunity for board members and staff, and acting 
                  administrator permits; amending Minnesota Statutes 
                  1998, sections 144A.19, subdivision 1; 144A.20, 
                  subdivision 1; 144A.22; 144A.24; and 144A.27; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 144A; repealing Minnesota Statutes 1998, 
                  sections 144A.19, subdivision 3; 144A.20, subdivision 
                  2; and 144A.29. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1998, section 144A.19, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CREATION; MEMBERSHIP.] There is hereby 
        created the board of examiners for nursing home administrators 
        which shall consist of the following members: 
           (a) a designee of the commissioner of health who shall be a 
        nonvoting member; 
           (b) a designee of the commissioner of human services, or a 
        designee who shall be a nonvoting member; and 
           (c) the following members appointed by the governor: 
           (1) two members actively engaged in the management, 
        operation, or ownership of proprietary nursing homes; 
           (2) two members actively engaged in the management or 
        operation of nonprofit nursing homes; 
           (3) one member actively engaged in the practice of 
        medicine; 
           (4) one member actively engaged in the practice of 
        professional nursing; and 
           (5) three public members as defined in section 214.02. 
           Sec. 2.  Minnesota Statutes 1998, section 144A.20, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [CRITERIA.] The board of examiners 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: 
           (a) is at least 18 21 years of age and otherwise suitably 
        qualified; 
           (b) has satisfactorily met standards set by the board of 
        examiners, 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 
           (c) has passed an examination approved by the board and 
        designed to test for competence in the subject matters referred 
        to in clause (b), or has been approved by the board of examiners 
        through the development and application of other appropriate 
        techniques. 
           Sec. 3.  Minnesota Statutes 1998, section 144A.22, is 
        amended to read: 
           144A.22 [ORGANIZATION OF BOARD.] 
           The board of examiners shall elect from its membership a 
        chair, vice-chair and secretary-treasurer, and shall adopt rules 
        to govern its proceedings.  Except as otherwise provided by law 
        the board of examiners shall employ and fix the compensation and 
        duties of an executive director and other necessary personnel to 
        assist it in the performance of its duties.  The executive 
        director shall be in the unclassified service and shall not be a 
        member of the board of examiners. 
           Sec. 4.  Minnesota Statutes 1998, section 144A.24, is 
        amended to read: 
           144A.24 [DUTIES OF THE BOARD.] 
           The board of examiners shall: 
           (a) 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; 
           (b) develop appropriate techniques, including examinations 
        and investigations, for determining whether applicants and 
        licensees meet the board's standards; 
           (c) issue licenses and permits to those individuals who are 
        found to meet the board's standards; 
           (d) establish and implement procedures designed to assure 
        that individuals licensed as nursing home administrators will 
        comply with the board's standards; 
           (e) 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; 
           (f) 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 
           (g) approve or conduct courses of instruction or training 
        designed to prepare individuals for licensing in accordance with 
        the board's standards. Courses 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.  The board may approve courses 
        conducted within or without this state. 
           Sec. 5.  [144A.252] [IMMUNITY.] 
           Members of the board of examiners for nursing home 
        administrators and persons employed by the board or engaged in 
        the investigation of violations and in the preparation and 
        management of charges of violations of sections 144A.18 to 
        144A.27, or of rules adopted pursuant to sections 144A.18 to 
        144A.27 on behalf of the board, are immune from civil liability 
        and criminal prosecution for any actions, transactions, or 
        publication in execution of, or relating to, their duties under 
        sections 144A.18 to 144A.27 provided they are acting in good 
        faith. 
           Sec. 6.  Minnesota Statutes 1998, section 144A.27, is 
        amended to read: 
           144A.27 [ACTING ADMINISTRATORS.] 
           If a licensed nursing home administrator is removed from 
        the position by death or other unexpected cause, the controlling 
        persons of the nursing home suffering the removal may designate 
        an acting nursing home administrator who shall secure an acting 
        administrator's license permit within 30 days of appointment as 
        the acting administrator. 
           Sec. 7.  [REPEALER.] 
           Minnesota Statutes 1998, sections 144A.19, subdivision 3; 
        144A.20, subdivision 2; and 144A.29, are repealed. 
           Sec. 8.  [EFFECTIVE DATE.] 
           Sections 1 to 7 are effective the day following final 
        enactment. 
           Presented to the governor April 22, 1999 
           Signed by the governor April 26, 1999, 1:20 p.m.