Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Administrative Rules
CHAPTER 6400, LICENSING OF NURSING HOME ADMINISTRATORS
BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS
| Part | Title |
|---|---|
| 6400.0100 | Repealed by subpart |
| 6400.0200 | [Repealed, 21 SR 1564] |
| 6400.0300 | [Repealed, 21 SR 1564] |
| 6400.0400 | [Repealed, 21 SR 1564] |
| 6400.0450 | [Repealed, 21 SR 1564] |
| 6400.0500 | [Repealed, 21 SR 1564] |
| 6400.0600 | [Repealed, 21 SR 1564] |
| 6400.0700 | [Repealed, 21 SR 1564] |
| 6400.0800 | Repealed by subpart |
| 6400.0900 | [Repealed, 21 SR 1564] |
| 6400.1000 | [Repealed, 21 SR 1564] |
| 6400.1100 | [Repealed by amendment, 8 SR 1480] |
| 6400.1200 | [Repealed, 21 SR 1564] |
| 6400.1300 | [Repealed, 21 SR 1564] |
| 6400.1400 | [Repealed, 21 SR 1564] |
| 6400.1500 | [Repealed, 21 SR 1564] |
| 6400.1600 | [Repealed, 21 SR 1564] |
| 6400.1700 | [Repealed, 21 SR 1564] |
| 6400.1800 | [Repealed, 21 SR 1564] |
| 6400.1900 | [Repealed, 21 SR 1564] |
| 6400.2000 | [Repealed, 21 SR 1564] |
| 6400.2100 | [Repealed, 13 SR 2686] |
| 6400.2200 | Repealed by subpart |
| 6400.2300 | [Repealed, 13 SR 2686] |
| 6400.2400 | [Repealed, 21 SR 1564] |
| 6400.2500 | [Repealed, 21 SR 1564] |
| 6400.2600 | [Repealed, 8 SR 1480] |
| 6400.2700 | [Repealed, 13 SR 2686] |
| 6400.2800 | [Repealed, 13 SR 2686] |
| 6400.2900 | [Repealed, 21 SR 1564] |
| 6400.3000 | [Repealed, 21 SR 1564] |
| 6400.3100 | [Repealed, 21 SR 1564] |
| 6400.3200 | [Repealed, 21 SR 1564] |
| GENERAL | |
| 6400.5000 | SCOPE. |
| 6400.5100 | DEFINITIONS. |
| 6400.5200 | USE OF TITLE. |
| 6400.6000 | LICENSURE REQUIREMENTS. |
| 6400.6100 | APPLYING FOR LICENSURE. |
| COURSE REQUIREMENTS | |
| 6400.6400 | GENERAL COURSE REQUIREMENTS. |
| 6400.6500 | SPECIFIC COURSE REQUIREMENTS FOR APPLICANTS WHO APPLY BEFORE SEPTEMBER 1, 2017. |
| 6400.6550 | SPECIFIC COURSE REQUIREMENTS FOR APPLICANTS WHO APPLY ON OR AFTER SEPTEMBER 1, 2017. |
| 6400.6560 | WAIVER OF ALL COURSE REQUIREMENTS. |
| 6400.6570 | EVIDENCE OF COURSE COMPLETION. |
| 6400.6600 | PRACTICUM COURSE. |
| 6400.6650 | PRACTICUM DURATION FOR APPLICANTS WHO APPLY BEFORE SEPTEMBER 1, 2017. |
| 6400.6655 | PRACTICUM DURATION FOR APPLICANTS WHO APPLY ON OR AFTER SEPTEMBER 1, 2017. |
| 6400.6660 | ACADEMIC PROGRAM REVIEW. |
| LICENSES AND PERMITS | |
| 6400.6700 | RECIPROCITY. |
| 6400.6710 | LICENSEE RESPONSIBILITIES. |
| 6400.6720 | DISPLAYING LICENSES. |
| 6400.6730 | DUPLICATE LICENSES. |
| 6400.6740 | RENEWING LICENSES. |
| 6400.6750 | LICENSE REINSTATEMENT. |
| 6400.6760 | VERIFICATION OF MINNESOTA LICENSE. |
| 6400.6770 | ACTING ADMINISTRATOR PERMITS. |
| CONTINUING EDUCATION | |
| 6400.6800 | CONTINUING EDUCATION REQUIREMENTS. |
| 6400.6850 | NUMBER OF CE CREDITS FOR ACTIVITIES. |
| 6400.6870 | SPONSORING CONTINUING EDUCATION. |
| DISCIPLINE | |
| 6400.6900 | GROUNDS FOR DISCIPLINE. |
| FEES | |
| 6400.6970 | FEES. |
6400.0100
Published Electronically:
June 11, 2008
6400.0200
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.0300
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.0400
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.0450
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.0500
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.0600
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.0700
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.0800
Published Electronically:
June 11, 2008
6400.0900
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1000
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1100
[Repealed by amendment, 8 SR 1480]
Published Electronically:
June 11, 2008
6400.1200
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1300
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1400
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1500
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1600
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1700
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1800
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.1900
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.2000
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.2100
[Repealed, 13 SR 2686]
Published Electronically:
June 11, 2008
Published Electronically:
June 11, 2008
6400.2300
[Repealed, 13 SR 2686]
Published Electronically:
June 11, 2008
6400.2400
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.2500
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.2600
[Repealed, 8 SR 1480]
Published Electronically:
June 11, 2008
6400.2700
[Repealed, 13 SR 2686]
Published Electronically:
June 11, 2008
6400.2800
[Repealed, 13 SR 2686]
Published Electronically:
June 11, 2008
6400.2900
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.3000
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.3100
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
6400.3200
[Repealed, 21 SR 1564]
Published Electronically:
June 11, 2008
GENERAL
6400.5000 SCOPE.
This chapter applies to:
A.
individuals who:
(1)
are applicants or prospective applicants for licensure as nursing home administrators under Minnesota Statutes, section 144A.20;
B.
individuals and organizations which sponsor continuing education programs to enable licensees to update their knowledge and meet license renewal requirements; and
C.
academic institutions which offer courses to meet the academic course requirements for nursing home administrator licensure.
History:
21 SR 1564; 24 SR 1780
Published Electronically:
June 11, 2008
6400.5100 DEFINITIONS.
Subp. 2.
Accredited.
"Accredited" means approved by a regional accrediting organization for higher education.
Subp. 3.
Acting administrator.
"Acting administrator" means an individual, designated by the controlling persons of the employing nursing facility, who has been issued a permit by the board under part 6400.6770.
Subp. 4.
Assistant administrator.
"Assistant administrator" means an individual who reports to the nursing home administrator, assumes charge of the facility in the administrator's absence, and has ongoing managerial and supervisory authority over both administrative and resident care functions, operations, and staff in a nursing facility.
Subp. 7.
Clock hour.
"Clock hour" means an instructional session of 60 consecutive minutes, excluding breaks, registration, meals, and social activities.
Subp. 8.
Director of nurses.
"Director of nurses" means the individual designated by a nursing facility to perform duties consistent with the responsibilities of the director of nursing services under part 4658.0505, whether in Minnesota or another jurisdiction.
Subp. 9.
Domains of practice.
"Domains of practice" means the tasks performed by nursing home administrators and the knowledge, skills, and abilities identified as necessary to perform those tasks by NAB in its job analysis of nursing home administrator. The NAB domains of practice for nursing home administrator are found in the Final Report of the Job Analysis of the Practice of Nursing Home Administrators prepared for the National Association of Boards of Examiners for Long-Term Care Administrators. This document is incorporated by reference. It is available at the State Law Library and on the board's Web site and is subject to change every five years.
Subp. 9a.
Hospital.
"Hospital" means a facility in which accommodation is furnished or offered for the reception and care of sick or injured patients for a continuous period longer than 24 hours for the purpose of diagnosis or treatment bearing on the physical or mental health of the patients. It does not mean a clinic or day surgery center.
Subp. 10.
License.
"License" means a written document issued by the board to indicate that the bearer has been found by the board to meet all requirements for practice as a licensed nursing home administrator in Minnesota. It includes an original license issued for meeting the requirements of part 6400.6000, a renewal license issued for meeting the requirements of part 6400.6700, and a reinstated license issued under part 6400.6750. It does not include a permit to serve as an acting administrator.
Subp. 11.
Licensee.
"Licensee" means an individual who holds a valid license to practice as a nursing home administrator granted by the board under this chapter.
Subp. 12.
NAB.
"NAB" means the National Association of Boards of Examiners for Long-Term Care Administrators, Inc.
Subp. 13.
Nursing facility.
"Nursing facility" means a facility licensed as a nursing home to provide nursing care to five or more persons under Minnesota Statutes, sections 144A.02 to 144A.10, by the Minnesota Department of Health or a similar facility licensed under similar provisions in another jurisdiction.
Subp. 14.
Nursing home administrator.
"Nursing home administrator" means an individual who has the responsibilities outlined in part 4658.0060 in a nursing facility in Minnesota or another jurisdiction and is licensed by the licensing authority of the jurisdiction responsible for the facility.
Subp. 15.
Permit.
"Permit" means the acting license referred to in Minnesota Statutes, section 144A.27, which, for purposes of this chapter, is a temporary authorization issued by the board to an individual who meets the qualifications of part 6400.6770.
Subp. 16.
Preceptor.
"Preceptor" means a nursing home administrator who meets the standards in part 6400.6600, subpart 3, and supervises an applicant for licensure during the practicum course.
Subp. 17.
Related individual.
"Related individual" means a spouse, natural or adoptive parent, stepparent, natural or adoptive grandparent, stepgrandparent, natural or adoptive child, sibling, guardian, stepbrother, stepsister, aunt, uncle, niece, nephew, first cousin, or spouse of any person named in the above groups even after the marriage ends by death or divorce.
History:
21 SR 1564; 24 SR 1780; 41 SR 599
Published Electronically:
December 20, 2016
6400.5200 USE OF TITLE.
Only an individual who is qualified as a licensed nursing home administrator and who holds a valid license under this chapter for the current licensure period may use the title "Licensed Nursing Home Administrator" and the abbreviation "L.N.H.A." after the individual's name.
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6000 LICENSURE REQUIREMENTS.
The board shall issue an individual a license to practice as a nursing home administrator in Minnesota upon determining that the individual:
D.
has passed the national examination for nursing home administrator developed by NAB to test knowledge of subjects pertinent to the domains of practice of nursing home administration as identified in the NAB job analysis for nursing home administrator;
E.
has passed the state examination given by the board to test knowledge of Minnesota laws and rules governing nursing facility operations in Minnesota;
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6100 APPLYING FOR LICENSURE.
Subpart 1.
Application contents.
An individual applying for licensure shall do so on forms provided by the board. The information requested shall include personal identifying and locating data including name, home and work addresses and telephone numbers, and social security number; education and degree information; employment and practice history; licensure and disciplinary history; and information relating to criminal convictions, use of alcohol and drugs, and other issues which may reflect on ability and fitness to practice. The application shall also include a recent full-face two-inch by three-inch photograph affixed to the application as indicated and notarized as a true likeness. The notary seal shall be placed next to the picture and shall fall partly upon the photograph and partly upon the application.
Subp. 2.
Applicant responsibility.
An applicant must provide the board with all information, documents, and fees necessary to meet licensure requirements.
Subp. 3.
Application expiration.
Applications expire 18 months after the date the application form is filed with the board. If the applicant does not fulfill all licensure requirements within the 18-month application period, the applicant must resubmit the application and another application fee to continue to seek licensure.
Subp. 4.
Examination attempts and score expiration.
A.
If an applicant does not pass the NAB or state examination on the second attempt, the applicant must submit to the board a study plan and wait six months from the date of the examination attempt to sit for the examination a third time. If an applicant does not pass the NAB or state examination on the third attempt, the applicant must submit a revised study plan and wait one year from the date of the third examination attempt to sit for the examination a fourth time. The applicant may also be required to reapply in order to comply with subpart 3.
B.
Examination scores expire two years after the date the examination was taken if the applicant has not become fully licensed within that two years.
Subp. 5.
Grounds for rejection.
The board shall reject an applicant who does not meet the requirements of part 6400.6000 within the time period of application validity. The board may reject an applicant who has been found to have committed acts in this or any other jurisdiction which, if performed by a licensee of the Minnesota board, would be grounds for discipline under part 6400.6900, subpart 1, taking into account the considerations in part 6400.6900, subpart 3.
Subp. 6.
Notice of rejection.
An applicant for licensure whose application has been rejected by the board shall be given written notice of the disqualification and the reasons for it and of the right to a hearing under Minnesota Statutes, chapter 14.
History:
21 SR 1564; 41 SR 599
Published Electronically:
December 20, 2016
COURSE REQUIREMENTS
6400.6400 GENERAL COURSE REQUIREMENTS.
An applicant for licensure must satisfactorily complete courses to prepare the applicant to perform the duties of a nursing home administrator. The courses must include those specified in part 6400.6500.
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6500 SPECIFIC COURSE REQUIREMENTS FOR APPLICANTS WHO APPLY BEFORE SEPTEMBER 1, 2017.
Subpart 1.
Organizational management.
An applicant must complete a course in organizational management covering the basic management functions of:
Subp. 2.
Managerial accounting.
An applicant must complete a course in managerial accounting, beyond introductory accounting, covering:
B.
interpreting financial information to monitor financial performance and position and to make managerial decisions.
Subp. 4.
Health care and medical needs.
An applicant must complete a course in health care and medical needs of nursing facility residents covering:
B.
common conditions, issues, diseases, illnesses, disabilities, and treatments of nursing facility residents including dementia (cognitive decline including Alzheimer's disease); AIDS; pressure sores; infections; mobility, falls, and restraints; incontinence and constipation; sensory impairments; depression; nutrition; iatrogenesis (health care system induced medical problems); drug use; and end-of-life pain management; and
Subp. 5.
Nursing facility services, programs, and issues.
An applicant must complete a course in the organization, operations, functions, services, and programs of nursing facilities covering:
E.
issues of cultural diversity and human relationships between and among employees and residents of nursing facilities and their family members.
Subp. 6.
Human resources.
An applicant must complete a course in human resource management covering:
Subp. 7.
Regulatory management.
An applicant must complete a course in regulatory management covering the legal, regulatory, and funding provisions and requirements governing operation of nursing facilities and health care programs including:
H.
Medicare and Medicaid, standards for managed care and subacute care, and third-party payer requirements and reimbursement;
J.
requirements affecting the quality of care and life of residents, including measurement of outcomes from clinical and resident-satisfaction perspectives;
Subp. 8.
Information uses.
An applicant must complete a course in the accumulation and analysis of data to inform management decision making including:
D.
measures, analysis, and assessment of outcomes including customer satisfaction and quality improvement.
Subp. 9.
Practicum.
An applicant must complete or have waived, based upon prior experience under part 6400.6650, subpart 1, item A, a practicum course as described in part 6400.6600.
Subp. 10.
Effective date.
An applicant who applies before September 1, 2017, must follow the requirements in this part.
History:
21 SR 1564; 24 SR 1780; 41 SR 599
Published Electronically:
December 20, 2016
6400.6550 SPECIFIC COURSE REQUIREMENTS FOR APPLICANTS WHO APPLY ON OR AFTER SEPTEMBER 1, 2017.
Subpart 1.
Organizational management.
An applicant must complete a course in organizational management covering the basic management functions of:
Subp. 2.
Managerial accounting.
An applicant must complete a course in managerial accounting, beyond introductory accounting, covering:
B.
interpreting financial information to monitor financial performance and position and to make managerial decisions.
Subp. 4.
Health care and medical needs.
An applicant must complete a course in health care and medical needs of nursing facility residents covering:
B.
the impact and management of common syndromes associated with aging, including vision and hearing impairment, nutrition and malnutrition, and balance and mobility impairment;
E.
common psychiatric and neurodegenerative disorders such as dementias (including Alzheimer's), depression, anxiety, psychotic disorders, and alcohol and drug abuse;
Subp. 5.
Long-term care supports and services.
An applicant must complete a course in the organization, operations, functions, services, and programs of long-term care supports and services covering:
E.
issues of cultural diversity and human relationships between and among employees and residents of nursing facilities and their family members.
Subp. 6.
Human resources.
An applicant must complete a course in human resource management covering:
Subp. 7.
Regulatory management.
An applicant must complete a course in regulatory management covering the legal, regulatory, and funding provisions and requirements governing operations of long-term care supports and services and health care programs including:
H.
Medicare and Medicaid, standards for managed care and subacute care, and third-party payer requirements and reimbursement;
J.
requirements affecting the quality of care and life of residents, including measurement of outcomes from clinical and resident-satisfaction perspectives;
Subp. 8.
Quality measurement and performance improvement.
An applicant must complete a course in the accumulation and analysis of data to inform management decision making including:
D.
measures, analysis, and assessment of outcomes, including customer satisfaction and quality improvement;
Subp. 9.
Practicum.
An applicant must complete or have waived, based upon prior experience under part 6400.6650, subpart 1, item A, a practicum course as described in part 6400.6600.
Subp. 10.
Effective date.
An applicant who applies on or after September 1, 2017, must follow the requirements in this part.
History:
41 SR 599
Published Electronically:
December 20, 2016
6400.6560 WAIVER OF ALL COURSE REQUIREMENTS.
Subpart 1.
Waiver of all course requirements.
The board shall waive part 6400.6500 if the applicant meets all other licensure requirements and submits satisfactory evidence of having actively and effectively served full time for a minimum of two continuous years within the immediate past five years as the licensed nursing home administrator and chief executive officer of one or more nursing facilities in a single jurisdiction regulated by the licensing board of that jurisdiction. Time working as an acting administrator under an acting license or permit or as an administrator-in-training does not count to meet this requirement. To determine the effectiveness of the applicant's service, the board shall review the results of the two most recent regulatory inspections of the nursing facilities administered by the applicant.
History:
21 SR 1564; 24 SR 1780
Published Electronically:
June 11, 2008
6400.6570 EVIDENCE OF COURSE COMPLETION.
Subpart 1.
Types of evidence.
Evidence to verify satisfactory completion of requirements specified in part 6400.6500 must consist of one or more of the following:
A.
transcripts showing completion at an accredited academic institution of a course of study approved by NAB as providing coverage of the domains of practice identified in the job analysis performed by NAB for nursing home administrator;
B.
transcripts or attestation of the program director showing completion of an academic program designated by the board as an approved academic program under part 6400.6660; or
C.
transcripts and other supporting documentation such as course outlines, course catalog descriptions, and text coverage information, showing completion of individual academic courses taken for credit at an accredited postsecondary institution which meet the requirements of part 6400.6500, provided that applicants may supplement evidence of completion of an accredited academic course which covers at least two-thirds of the topics listed in part 6400.6500, subpart 1, 4, 5, 6, 7, or 8, with evidence of completion of continuing education courses for the remaining topics. The continuing education courses must be approved by the board in the same manner as the board reviews and approves clock hours for continuing education courses for licensees under part 6400.6870, subparts 2 and 3.
Subp. 2.
Supplementing evidence older than seven years.
Evidence presented under subpart 1 for completion of academic programs or academic courses taken more than seven years prior to the submittal of the information to the board must be supplemented by either:
A.
evidence that the applicant has been employed within the immediate past seven years in activities requiring use of the knowledge gained in the course; or
B.
evidence that the applicant has completed continuing education within the past two years to renew and update knowledge gained in any academic course taken more than seven years prior.
Subp. 3.
No additional fees required.
No fees in excess of fees associated with the standard application process may be charged to applicants for review of continuing education courses submitted as evidence to meet course requirements.
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6600 PRACTICUM COURSE.
Subpart 1.
Requirements and content.
The practicum course must be approved by the board and taken for academic credit at an accredited postsecondary institution. It must provide practical learning experiences to complement the student's academic training and work or volunteer experience in long-term care, general health care, and management. Except as provided in this subpart, the practicum must include, but need not be limited to, the following:
A.
a rotation through the departments of the nursing facility to provide the student exposure to and knowledge of all functions of the nursing facility. Whenever possible, the student shall be assigned to perform tasks not requiring special skill or licensure within each department. The time to be spent in each department for a student with prior experience shall vary in relation to the prior experience of the student. The time to be spent by a student without prior experience in management, health care, or long-term care must be divided approximately equally between administrative and resident care departments. The rotation experience of every student must include time at the facility during all work shifts;
B.
participation in or review of the findings and results of regulatory inspections of the facility;
C.
observation of the integrative and administrative role of the administrator through attendance with the administrator at meetings with staff, governing bodies, community groups, resident councils, and other groups;
D.
observation of the relationships between the facility and community and other health care providers and organizations operating in the continuum of health care;
F.
completion of a major project, study, or research effort designed to improve operations at the facility or provide information upon which a major decision facing the facility and its management can be made.
Items B and E need not be included in the practicum of a student taking a practicum of 200 hours or less if the student has participated in the specified activities during prior health care work experience.
Subp. 2.
Facility requirements.
The practicum course must be conducted within a nursing facility and require the student's attention to practicum activities at the facility for at least 20 hours per week. Upon mutual agreement of the academic institution and nursing facility preceptor, a licensed nursing facility may serve as the practicum site for a student who is employed by the nursing facility, provided that the student is relieved of all previous duties during the time of the practicum experience.
Subp. 3.
Preceptor requirements.
The practicum must be supervised by a preceptor who is a currently licensed nursing home administrator who has been licensed and practicing as a nursing home administrator for at least two years. A preceptor may not supervise a student who is a related individual or who resides in the immediate household of the preceptor.
Subp. 4.
Faculty requirements.
Each student practicum must be coordinated with a faculty advisor from an academic institution. The faculty advisor shall work cooperatively with the preceptor to review results of student practicum experiences in the preceptor's facility. The faculty advisor shall consult periodically with each student enrolled in the practicum to review the student's experience and assist the student in relating the facility practicum experience to the other required academic courses.
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6650 PRACTICUM DURATION FOR APPLICANTS WHO APPLY BEFORE SEPTEMBER 1, 2017.
Subpart 1.
Waiver and minimum number of hours.
The minimum number of hours to be spent by each individual in the practicum experience shall vary according to the following schedule:
A.
waived for an individual who has one year of continuous full-time employment as the licensed administrator and chief executive officer or the assistant administrator of a nursing facility, provided that the individual presents the board evidence that the individual's employment as assistant administrator included items A to F of part 6400.6600, subpart 1. Time working as an acting administrator under an acting license or permit in the same nursing facility where the individual also served as the licensed administrator or assistant administrator is counted in meeting this standard if the individual's employment under both titles combined was one continuous year;
B.
80 hours for an individual who has served one year or more full time as a hospital administrator or hospital assistant administrator with responsibility for both resident care and administrative functions, or who has served two or more years full time as the director of nurses in a nursing facility;
C.
200 hours for an individual who has served two or more years as a department manager with supervisory and budgetary responsibility in a hospital or nursing facility. This also applies to:
(1)
an individual not meeting the requirements for assistant administrator under item B or the definition in part 6400.5100, but who has otherwise held that title in a nursing facility or hospital and performed under the title for two or more years;
(3)
an individual who has served two or more years as an administrator or assistant administrator of one or more long-term care facilities for 25 or more developmentally disabled residents;
D.
300 hours for an individual who has two or more years of employment in a hospital or nursing facility in any professional capacity or in any direct patient care capacity;
E.
300 hours for an individual with two or more years of managerial or administrative employment experience, including supervision of at least 25 employees and responsibility for an annual budget of at least $250,000; or
F.
400 hours for an individual with none of the experience specified in items A to E.
The amount of experience required to qualify for a practicum reduction under items C, D, and E shall be measured in full-time equivalency at the rate of 35 hours per week.
Subp. 2.
Duration of individual student practicums.
Each applicant must complete a 400-hour practicum unless presenting evidence to the board that the applicant has experience as described in subpart 1, items A to E, for a reduction in the number of practicum hours. The board shall determine the minimum number of hours of practicum to be completed by an applicant by comparing the applicant's experience to the requirements in subpart 1 and shall notify the applicant of the board's decision.
Subp. 3.
Effective date.
An applicant who applies before September 1, 2017, must follow the requirements in this part.
History:
21 SR 1564; 24 SR 1780; 41 SR 599
Published Electronically:
December 20, 2016
6400.6655 PRACTICUM DURATION FOR APPLICANTS WHO APPLY ON OR AFTER SEPTEMBER 1, 2017.
Subpart 1.
Duration of individual student practicums.
An applicant must complete a 1,000-hour practicum unless the applicant presents evidence to the board that the applicant has experience as described in subpart 2 for a reduction in the number of practicum hours. The board shall determine the minimum number of hours of practicum to be completed by an applicant by comparing the applicant's expertise to the requirements in subpart 2 and shall notify the applicant of the board's decision.
Subp. 2.
Waiver and minimum number of hours.
An individual may qualify for a reduction in hours or waiver of the 1,000-hour practicum by providing evidence of the following documented health care experience and satisfying the board-approved assessment tool:
A.
750 hours for an individual with two or more years of managerial or administrative employment experience, including supervision of at least 25 employees and responsibility for an annual budget of at least $1,000,000;
B.
750 hours for an individual who has two or more years of employment in a hospital or nursing facility in any professional capacity or in any direct patient care capacity;
C.
500 hours for an individual who has served two or more years as a department manager with supervisory and budgetary responsibility and meets one or more of the following criteria:
(1)
the individual does not meet the requirements for assistant administrator under item D or the definition in part 6400.5100, but has otherwise held that title in a nursing facility or hospital and has performed under the title for two or more years;
(2)
the individual has served, for two or more years, as director of nurses in a hospital or registered housing with services establishment that has an arranged comprehensive home care license; or
(3)
the individual has served as a housing manager in a registered housing with services establishment that has an arranged comprehensive home care license;
D.
200 hours for an individual who has served one or more years as a full-time hospital administrator or hospital assistant administrator with responsibility for both resident care and administrative functions, or who has served two or more years as a full-time director of nurses in a nursing facility; or
E.
the documented experience requirement is waived for an individual who has one year of continuous full-time employment as the assistant administrator, chief executive officer, or equivalent role with responsibility for both resident care and administrative functions. Time working as an acting administrator under an acting license or permit in the same nursing facility where the individual also served as the assistant administrator, chief executive officer, or equivalent role meets this requirement if the individual's employment under both titles combined was one continuous year.
Subp. 3.
Method of measuring experience.
The amount of experience required to qualify for a practicum reduction under subpart 2, items C, D, and E, shall be measured in full-time equivalency at the rate of 35 hours per week.
Subp. 4.
Effective date.
An applicant who applies on or after September 1, 2017, must follow the requirements in this part.
History:
41 SR 599
Published Electronically:
December 20, 2016
6400.6660 ACADEMIC PROGRAM REVIEW.
Subpart 1.
Program review and approval.
Upon request of an academic institution, the board shall review courses offered by the institution, and upon finding conformity between the proposed program and the requirements of this chapter, shall approve the institution as offering courses which meet all or some portion of the course requirements for licensure. If the institution offers courses which are approved by the board to meet all course requirements of part 6400.6500, the board shall designate the institution as an approved academic program. If the institution offers courses approved by the board to meet five or more of the courses required in part 6400.6500, the board shall designate the institution as an approved course provider.
Subp. 2.
Requesting course review.
In submitting a program of study offered by an academic institution to meet all or some of the course requirements, the institution shall provide the following information in an application package for review by the board:
A.
indication of whether the institution is requesting designation as an approved program or as an approved course provider;
B.
evidence of the institution's current accreditation by a regional accrediting organization for higher education;
C.
designation of a faculty member to serve as program director to coordinate the institution's program or course offerings with the board. The program director shall have authority to accept courses of equivalent content to those accepted by the board to fulfill academic course requirements specified in part 6400.6500 from students transferring to the institution and the program and from students enrolled in the program who cannot arrange class schedules to permit timely completion of the board-approved courses. The program director must report approval of courses so substituted to the board for each affected student who makes application for licensure to the board;
D.
evidence of the establishment and use of an advisory group of administrators and others in the long-term care industry, including names and experience of group members and frequency of meetings, to review course requirements and practicum activities in order to provide guidance to keep courses current and make student experiences reality based and practical;
E.
a description of the course of study offered or recommended by the institution for those interested in licensure as a nursing home administrator in Minnesota. Nothing in this chapter restricts institutions from designing or implementing curricula, or establishing requirements for courses, majors, or other designations offered by the institution, more comprehensive than required under this chapter for licensure;
F.
a topic-by-topic review of all course requirements outlined in part 6400.6500 showing where and how within the institution's course offerings the outlined topics are covered;
G.
an outline of each course offered by the institution to fulfill one or more of the licensure course requirements listing texts and materials used in the course; and
H.
identification of one or more qualified faculty members to:
(3)
provide instruction to any administrator becoming a preceptor for the first time after September 1, 1997, regarding objectives for the practicum and procedures to follow to structure and supervise a successful practicum experience for a student; and
(4)
ensure that each practicum is initiated with a signed learning agreement between the student, faculty advisor, and preceptor outlining the roles and responsibilities of all three parties, the time to be spent by the student in each facility department in relation to the student's prior experience, and the learning outcomes expected for the student.
Subp. 3.
Review and approval process.
Upon receipt of an application package for approval of an academic institution program to meet board course requirements, the board shall acknowledge receipt of the request and identify any missing requirements to the program director. Upon receipt of all required information, the board shall review all materials presented and may conduct an on-site visit or request an appearance by one or more representatives of the institution at a meeting to review all material for conformance to requirements. Board members shall base their decision to approve or reject an academic institution program on whether or not the application materials presented provide assurance that students completing the program at the institution will cover the course topics outlined in part 6400.6500 with sufficient depth to enable the board to infer student attainment of the knowledge, skills, and abilities to begin work as a nursing home administrator. If the application package and discussion with program officials fail to show compliance with the rules or to provide sufficient evidence to satisfy the board members that they can infer beginning level competency among students completing the proposed course offerings, the board shall notify the program director in writing of the deficiencies the institution must remedy. Once all deficiencies are satisfactorily remedied, the board shall grant approval to the program or courses in writing and include reference to the institution's offerings in its correspondence with students interested in learning where courses approved by the board to meet licensure requirements are available. If the deficiencies are not corrected, the board shall deny approval for the program by written notice to the program director.
Subp. 4.
Annual update.
Annually on or before September 1, the program director of an institution with an approved program or courses shall file with the board on forms prescribed by the board for that purpose a report indicating the following:
A.
number of students with known intent to pursue licensure as nursing home administrators in Minnesota enrolled during the past academic year in courses meeting board requirements;
B.
any changes in any of the information presented to satisfy the requirements outlined in this part and part 6400.6500 since the initial application or since the update report of the preceding year; and
C.
to the extent available, a schedule of when throughout the academic year the approved courses will be offered by the institution.
Subp. 5.
Five-year program review.
A.
Every fifth year following the board's initial approval of an academic institution's program or courses, the program director shall provide a complete review of the institution's program by submitting to the board by September 1 of the fifth year, a review application package in the same format and incorporating the same information as required in subpart 2 for a new program approval application. Where no change has occurred since the initial application, the program director may submit a copy of the initially submitted information with an updated date and attestation that the information is current.
B.
The board shall review the five-year program review package submitted by the institution and approve or deny continued board approval for the program as provided in subpart 3. Where the board finds it necessary to deny continued approval to a program or to specific courses, the board shall provide information to the program director about ways in which students currently enrolled in the program may obtain supplementary or alternative courses to complete the requirements for licensure in view of the revocation of approval for courses offered by the institution. The program director shall provide the information to all students enrolled in the previously approved program or courses and shall work with the students to provide a smooth transition to alternative institutions offering approved courses.
C.
In addition to the five-year program review, if the board receives information that the success rates fall below the national average for candidates from the program who, during any January 1 through December 31 period, wrote for the first time the national examination for nursing home administrators developed by NAB, the board must take one of the actions described in subitems (1) to (3).
(1)
If success rates are below the national average for one period, the board shall require the director to identify factors that are potentially affecting the low success rate on the licensure examination. The director shall submit a plan of corrective action by a specified date. The plan of action must be on a board-supplied form and include the signature of the director and another institutional administrative academic representative. If the following year the success rate is above the national average, no action by the board is required.
(2)
If success rates are below the national average for any two consecutive periods, the board shall notify the director of a survey to identify additional factors affecting the low success rate and review progress on the plan for corrective action submitted the previous year. The survey must include the director, faculty, students, and an institutional administrative academic representative. The director shall submit a revised plan of corrective action by a specified date. The plan of corrective action must be on a board-supplied form and include the signature of the director and another institutional administrative academic representative. If the following year the success rate is above the national average, no action is required by the board.
(3)
If success rates are below the national average for any three consecutive periods, the board shall require the director and another institutional administrative academic representative to meet with a committee of board members and board staff for a survey for compliance with all applicable rules and for the implementation of the plan for corrective action submitted the previous year. Upon completion of the survey, the board shall take action in compliance with subpart 3.
History:
21 SR 1564; 41 SR 599
Published Electronically:
December 20, 2016
LICENSES AND PERMITS
6400.6700 RECIPROCITY.
The board shall issue a license to a nursing home administrator who has been issued and currently holds a license as a nursing home administrator in another jurisdiction provided that:
A.
the other jurisdiction maintains requirements for nursing home administrator licensure which are substantially equivalent to those required under part 6400.6000 or the applicant is currently certified as a nursing home administrator and provides the board evidence of having successfully completed a professional certification program in nursing facility administration endorsed by NAB;
C.
the applicant is in good standing as a nursing home administrator in each jurisdiction from which the applicant has ever received a nursing home administrator license; and
History:
21 SR 1564; 24 SR 1780
Published Electronically:
June 11, 2008
6400.6710 LICENSEE RESPONSIBILITIES.
Each licensee shall:
A.
comply with the laws of Minnesota and the rules of the board and other Minnesota state agencies regarding licensure as a nursing home administrator and operation of a nursing facility in Minnesota;
B.
provide notice to the board within five working days of any change in mailing address or telephone number pursuant to Minnesota Statutes, section 13.41, subdivision 2, paragraph (b);
C.
provide notice to the board within five working days of any change in employment as a nursing home administrator for a nursing facility;
D.
provide notice to the board within five working days of the occurrence of any reprimand, restriction, limitation, condition, revocation, suspension, surrender, or other disciplinary action or the bringing of charges against any license the licensee holds as a nursing home administrator or other health care professional in Minnesota or any other jurisdiction; and
E.
cooperate with the board by providing data, reports, or information requested by the board and complying with requests to attend conferences, meetings, or hearings scheduled by the board concerning license renewal or complaint investigation and discipline.
History:
21 SR 1564; 24 SR 1780; 41 SR 599
Published Electronically:
December 20, 2016
6400.6720 DISPLAYING LICENSES.
A licensee actively practicing as a nursing home administrator shall display the board-issued license, not a photocopy, in a conspicuous place in the facility which the licensee administers, visible to residents and visitors.
History:
21 SR 1564; 41 SR 599
Published Electronically:
December 20, 2016
6400.6730 DUPLICATE LICENSES.
Upon receipt of a notarized statement from a licensee that the licensee's license has been lost, mutilated, or destroyed, or that the licensee has had a name change, the board shall issue a duplicate license. Licensees obtaining duplicate licenses are subject to the applicable fee under part 6400.6970.
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6740 RENEWING LICENSES.
Subpart 1.
Forms, time for renewal.
Every individual who holds a valid license as a nursing home administrator issued by the board shall annually apply to the board on or before June 1 for renewal of the individual's license and shall report any information pertinent to continued licensure requested by the board on forms provided for that purpose. The applicant shall submit evidence satisfactory to the board and subject to audit under part 6400.6800, subpart 3, that during the annual period immediately preceding the renewal application the licensee has complied with the rules of the board and completed continuing education requirements for license renewal.
Subp. 2.
Fees.
Upon making an application for license renewal, the licensee shall pay the annual fee as specified under part 6400.6970. If submitting CE credits which include clock hours for workshops, seminars, institutes, or home study courses which have not been preapproved by the board, the licensee shall also pay a fee for review of clock hours based upon the total number of nonpreapproved clock hours being submitted for CE credit to meet renewal requirements. If the application for renewal has not been received by June 30 of each year, the license shall lapse and the holder of a lapsed license shall be subject to the reinstatement procedure and late renewal fees.
Subp. 3.
Exemption from renewal.
Pursuant to Minnesota Statutes, section 326.56, a licensee who is in active military service, as defined in Minnesota Statutes, section 190.05, for the armed forces of the United States or is employed outside the United States in employment that is essential to the prosecution of any war or the national defense, as defined in Minnesota Statutes, section 326.56, and whose license was in effect at the time of entry into the armed forces or engagement in employment outside the United States, is not obligated to renew licensure. The board must be notified in writing by the licensee regarding the qualifications for this exemption. The exemption ceases six months after discharge from active service or termination of the aforementioned employment. A license renewal notice shall be sent to the licensee at the time that a license renewal notice would normally be sent to the licensee. The licensee may be requested to reconfirm exempt status. If the licensee no longer qualifies for the exemption, the requirements for license renewal must be met.
History:
21 SR 1564; 41 SR 599
Published Electronically:
December 20, 2016
6400.6750 LICENSE REINSTATEMENT.
A nursing home administrator previously licensed in this state whose license has lapsed may apply under items A to C for reinstatement of a license within five years of the date the individual was last licensed. If an individual's license has been revoked or if the individual has not been licensed for five years or more, the license cannot be reinstated but the former licensee may apply for relicensure under the requirements in part 6400.6000.
A.
If a license has been lapsed in Minnesota for less than two years prior to the date of the application for reinstatement, the board must reinstate the license if the former licensee has not had disciplinary action against a license in Minnesota or another jurisdiction during the time the Minnesota license was lapsed and the former licensee:
B.
If a license has been lapsed in Minnesota for more than two years but less than five years prior to the date of the application for reinstatement and the former licensee has been continuously licensed as a nursing home administrator in one or more other jurisdictions since the date the license lapsed in Minnesota, the board must reinstate the license if the former licensee has not had disciplinary action against a license in Minnesota or another jurisdiction during the time the Minnesota license was lapsed and the former licensee:
(2)
provides evidence of having completed the continuing education requirements under part 6400.6800, subpart 2, for each of the years the license has lapsed;
C.
If a license has been lapsed in Minnesota for more than two years but less than five years prior to the date of the application for reinstatement and the former licensee has not been continuously licensed in one or more jurisdictions since the date the license lapsed in Minnesota, the board must reinstate the license if the former licensee has not had disciplinary action against a license in Minnesota or another jurisdiction during the time the Minnesota license was lapsed and the former licensee:
(2)
provides evidence of having completed the continuing education requirements under part 6400.6800, subpart 2, for each of the years the license has lapsed;
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6760 VERIFICATION OF MINNESOTA LICENSE.
Upon request and payment of a fee under part 6400.6970 by the licensee, the board shall issue a certified statement of the licensee's licensure status and examination scores to another jurisdiction.
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6770 ACTING ADMINISTRATOR PERMITS.
Subpart 1.
Board to issue permits.
When the controlling persons of a nursing home designate an acting nursing home administrator under Minnesota Statutes, section 144A.27, the designee must secure an acting administrator's permit within 30 days of the termination of the previous licensed administrator. The board shall issue a permit to serve a facility as an acting administrator for up to six months from the termination of the facility's previous licensed administrator to an individual who meets the qualifications specified in subpart 2. A permit to serve a facility as an acting administrator is valid only for the holder's work with that facility and shall not be transferable to another facility. A permit to serve as acting administrator is not renewable beyond the six months for which it was issued. The board may issue a second permit to serve a facility as an acting administrator for up to six months from the expiration of the original acting administrator permit when the board finds the second permit to be in the best interests of the public. In no event shall the board issue successive permits for a total duration of longer than one year.
Subp. 2.
Qualifications.
An applicant for a permit to serve a facility as an acting nursing home administrator must furnish satisfactory evidence that the applicant:
A.
has graduated from high school or holds a general education development (GED) certificate of equivalent competency or has completed an associate or higher degree from an accredited postsecondary institution;
C.
has experience in the management of a nursing home or related facility or program or has completed a majority of the courses required for licensure under part 6400.6500;
D.
has passed within the last two years the state examination under parts 6400.6000, item E, and 6400.6100, subpart 4; and
E.
is in good standing in each jurisdiction from which the applicant has ever received a nursing facility administrator license.
History:
21 SR 1564; 24 SR 1780; 41 SR 599
Published Electronically:
December 20, 2016
CONTINUING EDUCATION
6400.6800 CONTINUING EDUCATION REQUIREMENTS.
Subpart 1.
Renewal requirements.
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 CE credits of acceptable continuing education activities as specified in this part and part 6400.6850. Licensees in their first year of licensure shall have the number of CE credits required for license renewal prorated for the number of months they were licensed during the preceding year. For purposes of obtaining and presenting CE credits, a year shall run from May 1 to April 30.
Subp. 2.
Evidence of CE requirement completion.
Licensees must maintain proof as described in part 6400.6850 of having completed the number of CE credits claimed at the time of renewal and shall, upon request of the board, make that proof available for audit to verify completion of the number and validity of credits claimed. Documentation to prove completion of CE credits must be maintained by each licensee for four years from the last day of the licensure year in which the credits were earned.
Subp. 3.
Audit.
The board shall annually select on a random basis at least five percent of the licensees applying for renewal to have their claims of CE credits audited for compliance with board requirements. Nothing in this subpart shall prevent the board from requiring any individual licensee to provide evidence satisfactory to the board of having completed the CE credits required for license renewal.
Subp. 4.
Acceptable content for CE activities.
Unless otherwise specified in part 6400.6850, the content of continuing education activities must relate to one or more of the following:
D.
responsibilities, tasks, knowledges, skills, and abilities required to perform nursing home administrator functions as outlined in the NAB domains of practice.
Subp. 5.
Unacceptable content for CE activities.
Subjects for continuing education which will not be accepted to meet license renewal requirements include, but are not limited to, general personal development including stress management, facility or company orientation, facility or company policies or procedural issues, organizational functions such as business meetings and election of officers, and medical treatment at a clinical level beyond that required for licensure as a nursing home administrator.
History:
21 SR 1564
Published Electronically:
June 11, 2008
6400.6850 NUMBER OF CE CREDITS FOR ACTIVITIES.
Acceptable activities to meet continuing education requirements for license renewal and the number of CE credits that licensees may obtain for each are described in items A to K.
A.
A licensee who attends board-approved seminars, webinars, institutes, or workshops shall receive CE credit on a clock-hour basis for the actual amount of time spent in the seminar rounded to the nearest lower one-quarter hour. To verify clock hours of attendance at seminars, institutes, or workshops, a licensee must maintain an attendance certificate provided by the sponsoring organization.
B.
A licensee who completes board-approved home study courses, including correspondence work, televised courses, and audio or video tapes, shall receive CE credit for the number of clock hours reasonably required to complete the home study course as determined by the board. To verify completion of the course, the licensee must maintain a certificate of course completion from the sponsor which must include evidence of successful completion of a test corrected by the sponsor to ascertain attainment of the knowledge conveyed in the course.
C.
A licensee who attends seminars, webinars, institutes, or workshops, or completes home study courses approved by the NAB/National Continuing Education Review Service (NCERS), shall receive CE credit on the basis of clock hours assigned by NAB/NCERS. To verify clock hours of attendance at NAB approved seminars, institutes, or workshops, or completion of NAB approved home study courses, the licensee must maintain a certificate provided by the NAB approved sponsor.
D.
A licensee who attends, in another state, seminars, webinars, institutes, or workshops approved by the nursing home administrator licensing authority of the other state shall receive CE credit on the basis of the number of clock hours attended. To verify clock hours of attendance at seminars, institutes, or workshops approved by another state licensing authority, the licensee must maintain a certificate of attendance from the sponsor including verification of the approval from the state licensing authority.
E.
A licensee who completes academic courses applicable to the domains of practice taken at an accredited postsecondary institution shall receive nine CE credits per quarter credit and 12 CE credits per semester credit. To verify completion of academic courses the licensee must maintain a copy of an academic transcript showing the course grade and date it was awarded.
F.
A licensee who writes an article on a topic related to long-term care that is published in a national periodical shall receive two CE credits for an article of 500 to 1,000 words and one additional CE credit for each additional 500 words to a maximum of ten credits per year. To verify publication the licensee must maintain a copy of the periodical containing the published article.
G.
A licensee who presents a paper or lecture of at least one hour at a national or statewide meeting shall receive two CE credits per one hour of initially presented lectures and one CE credit per hour of lectures repeating earlier presented material to a maximum of ten CE credits per year. To verify presentation the licensee must maintain a copy of the text of the information delivered and a copy of the program for the conference or workshop at which the paper or lecture was delivered.
H.
A licensee who delivers a lecture of at least one hour at an academic institution shall receive two CE credits per one hour of initially presented lecture and one CE credit per hour of lecture repeating earlier developed material to a maximum of ten CE credits per year. To verify lecture delivery the licensee shall maintain corroboration from the participating academic institution.
I.
A licensee who serves as a member of a board, committee, council, or work group which includes members from several nursing facilities or organizations and deals primarily with issues in nursing facility operation or long-term care shall receive one clock hour per membership position provided the group meets at least quarterly or for at least four hours of work in a year to a maximum of six CE credits per year for all membership positions combined. Where the licensee verifies that the licensee's participation on a single board, committee, council, or work group exceeded the minimum specified for a single CE credit by double the amount of hours of attendance, the licensee shall receive two CE credits per membership position to a maximum of six CE credits per year for all membership positions combined. To verify board, committee, council, or work group participation the licensee must maintain written verification of membership and attendance from an officer of the group and must provide the learning objectives of the meeting.
J.
A licensee who serves as a preceptor for a student's nursing facility administration practicum shall receive two CE credits per month spent serving as a preceptor to a maximum of 16 CE credits per year. To verify preceptor service the licensee must maintain corroboration of service from the participating academic institution. A licensee who attends training sessions to prepare administrators to be preceptors shall receive CE credit on the same clock-hour basis as for seminars, institutes, and workshops under item A.
K.
Other continuing education activities not specified in items A to J may be approved for up to ten CE credits per year on an individual basis upon submission of information to the board concerning the activity in which the licensee has engaged, the results of the learning, the number of hours involved, the number of CE credits requested, and some means of verifying completion of the activity. The board shall consider the information submitted and determine whether to approve the activity and, if so, what number of CE credits to award for the activity and shall notify the requesting licensee of the board's determination. In making its determination, the board shall consider whether the activity contributed to the advancement and extension of professional skill and knowledge of the licensee in matters related to the practice of nursing facility administration.
History:
21 SR 1564; 41 SR 599
Published Electronically:
December 20, 2016
6400.6870 SPONSORING CONTINUING EDUCATION.
Subpart 1.
Applying for program approval.
Individuals, groups, or organizations wishing to sponsor educational seminars, institutes, workshops, or home study programs shall submit the following, in writing, to the board to obtain review and approval for clock hours of CE credit for licensees to use in meeting continuing education requirements for license renewal:
B.
presentation content, showing specific time periods, topic titles, and speakers including their professional qualifications;
D.
a statement indicating the sponsor's willingness to maintain a means of verifying attendance and provide each attendee a certificate of attendance or other appropriate means of attesting to the number of clock hours actually attended by each attendee;
E.
for home study programs, evidence of a testing process to measure the participant's attainment of knowledge and information provided in study materials; and
Subp. 2.
Licensee sponsored programs and courses.
A licensed administrator who attends a seminar, institute, or workshop, or participates in a home study course which has not been reviewed and approved by the board for a sponsor, may serve as the sponsor of a program and obtain review of the program and assignment of clock hours by submitting to the board office:
A.
a copy of the seminar program or other document identifying the program content and other information required of program sponsors under subpart 1, items A to C; and
Subp. 3.
Review of sponsor requests.
The board shall review sponsor requests and approve CE credit clock hours for programs with acceptable content, qualified presenters, and acceptable means of verifying attendance or measuring knowledge attainment under subpart 1 and part 6400.6800, subpart 4, and notify the requesting sponsor of the decision.
Subp. 4.
Designation of registered continuing education sponsors.
An organization which annually sponsors many educational seminars, institutes, workshops, or home study courses, may request designation by the board as a registered continuing education sponsor on an annual basis beginning May 1 and ending April 30. Registered continuing education sponsors may assign CE credit clock hours to their own program offerings applying the provisions of this chapter. The board shall review and approve requests for designation and authority as a registered continuing education sponsor provided the requesting agency meets the following requirements:
A.
the sponsor is a regionally accredited university or college or division thereof or a state or national membership organization in the field of health care;
B.
the sponsor has been a proven sponsor of continuing education programs acceptable to the board under subpart 3, for the two years preceding the request to be named a registered sponsor;
C.
the sponsor has complied fully with the board's criteria for sponsors of continuing education programming;
D.
the sponsor has made application on forms prescribed by the board and paid a nonrefundable filing fee of ten percent of the registered continuing education sponsor fee as specified in part 6400.6970;
E.
the sponsor has signed an agreement to comply with the rules of the board in assigning clock hours to continuing education programs, providing certificates of attendance to participants, and providing the board with pertinent information concerning sponsored programs; and
Subp. 5.
Performance review of registered sponsors.
The board shall review performance of registered sponsors annually upon the sponsor's request to renew the one-year sponsor agreement with the board or more frequently if determined necessary in the judgment of the board and may remove registered sponsor status from an organization upon 30 days' notice if the sponsor has been found to violate the terms of the agreement with the board.
History:
21 SR 1564
Published Electronically:
June 11, 2008
DISCIPLINE
6400.6900 GROUNDS FOR DISCIPLINE.
Subpart 1.
Criteria.
The board may impose disciplinary action as described in subpart 2 against an applicant, the holder of a permit to serve as an acting administrator, or a licensee, when the board determines, by a preponderance of the evidence and after due notice and an opportunity to be heard at a contested case hearing, that the applicant, permit holder, or licensee:
A.
has been convicted of a felony or gross misdemeanor, including a finding or verdict of guilt, whether or not the adjudication of guilt has been withheld or not entered, an admission of guilt, or a no contest plea, when the felony or gross misdemeanor is reasonably related to the practice of nursing home administration, as evidenced by a certified copy of the conviction;
B.
has been convicted of a crime against a minor, including a finding or verdict of guilt, whether or not adjudication of guilt has been withheld or not entered, an admission of guilt, or a no contest plea;
C.
is not eligible to be employed as a nursing home administrator under Minnesota Statutes, section 144A.04, subdivision 6;
E.
has violated a statute, rule, or order that the board issued or is empowered to enforce or that pertains to administration of a nursing facility or to the responsibilities of a nursing home administrator;
F.
has discriminated against any resident or employee, based on age, race, sex, religion, color, creed, national origin, marital status, status with regard to public assistance, sexual orientation, or disability;
G.
has committed acts of misconduct substantially related to the qualifications, function, or duties of a nursing home administrator and evidenced unfitness to perform as a nursing home administrator in a manner consistent with protecting resident health, safety, and welfare;
H.
has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the conduct relates to the practice of nursing home administration, that adversely affects the individual's ability or fitness to practice as a nursing home administrator;
I.
has engaged in unprofessional conduct or any other conduct with potential for causing harm to the public or facility residents including any departure from or failure to conform to the minimum standards of acceptable and prevailing practice, as specified in state and federal statutes and rules concerning administration of nursing home facilities, without actual injury having to be established;
K.
has willfully permitted the unauthorized or illegal disclosure of information relating to a resident;
L.
has engaged in sexual harassment, made sexual advances toward, or engaged in sexual contact with any resident, student, or trainee under the licensee's supervision, or engaged in sexual harassment of an employee, consultant, or visitor to the facility in which the licensee practices;
M.
has practiced fraud, deceit, cheating, or misrepresentation, or provided misleading omission or material misstatement of fact, in securing, procuring, renewing, or maintaining a nursing home administrator license;
N.
has used the licensee's professional status, title, position, or relationship as a nursing home administrator or licensee to coerce, improperly influence, or obtain money, property, or services from a resident, resident's family member or visitor, employee, or any person served by or doing business with the nursing facility that the licensee administers or is employed by;
O.
has paid, given, has caused to be paid or given, or offered to pay or give to any person, a commission or other consideration for solicitation or procurement either directly or indirectly for nursing home patronage. Nothing in this item shall be construed to limit or restrict commercial advertisement;
P.
has knowingly aided, advised, or allowed an unlicensed person to engage in the unlicensed practice of nursing home administration;
Q.
has practiced fraudulent, misleading, or deceptive advertising with respect to the facility of which the licensee is administrator;
R.
has wrongfully transmitted or surrendered possession of the licensee's license to any other person, either temporarily or permanently;
U.
has made a false statement or knowingly provided false or misleading information to the board, failed to submit reports as required by the board, failed to cooperate with an investigation of the board, the Office of the Attorney General, or the Minnesota Department of Health, or violated an order of the board;
V.
has been the subject of a reprimand, restriction, limitation, condition, revocation, suspension, surrender, or other disciplinary action against the person's nursing home administrator license in another jurisdiction;
W.
has failed to report a reprimand, restriction, limitation, condition, revocation, suspension, surrender, or other disciplinary action against the person's license as a nursing home administrator in another jurisdiction or failed to report the existence of a complaint or other charges against the person's nursing home administrator license in this or another jurisdiction or has been refused a license as a nursing home administrator by any other jurisdiction for reasons not related strictly to a difference in academic or experience requirements among jurisdictions; or
X.
has abused or is dependent on alcohol, a legend drug as defined in Minnesota Statutes, chapter 151, a chemical as defined in Minnesota Statutes, chapter 151, or a controlled substance as defined in Minnesota Statutes, chapter 152, and this abuse or dependency has affected the performance of the licensee's duties.
Subp. 2.
Actions.
If grounds for disciplinary action exist under subpart 1, the board shall take one or more of the following actions:
G.
refuse to permit an applicant to take the licensure examination or refuse to release an applicant's examination score; or
Subp. 3.
Considerations.
In determining what action to take under subpart 2, the board shall consider:
History:
21 SR 1564
Published Electronically:
December 15, 2015
FEES
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:
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;
D.
initial license, $200 if issued between July 1 and December 31, $100 if issued between January 1 and June 30;
H.
fee to a sponsor for review of individual continuing education seminars, institutes, workshops, or home study courses:
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:
History:
21 SR 1564; 24 SR 1780; L 2009 c 101 art 2 s 109
Published Electronically:
August 7, 2009
Official Publication of the State of Minnesota
Revisor of Statutes