Commerce, Occupational and Professional Licensing

Rule R156-15

Health Facility Administrator Act Rules

Notice of Proposed Rule

(Amendment)

DAR File No.: 33560
Filed: 04/15/2010 08:11:39 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Health Facility Administrator Licensing Board reviewed the rule and determined that the rule needs to be updated since the last substantive amendments to this rule were done in 1998.

Summary of the rule or change:

Throughout the rule, the term "rules" has been changed to "rule" where applicable. Also throughout the rule, various statute citations have been updated. In Section R156-15-102, added a definition of "distance learning" as it relates to continuing professional education. Updated the definition of "general supervision" to reflect the definition is as in Subsection R156-1-102a(4)(c). Reworded definition of "qualifying experience" to make easier to understand. In Section R156-15-302b, addition made to clarify the inclusion of Administrator-in-training (AIT) preceptorship hours as part of the education requirement. In Section R156-15-302c, additions are made to this section to clarify experience requirements. Added that 4,000 hours of the required qualifying experience hours shall be in a supervisory role and added that up to 500 hours of an approved AIT preceptorship, if in a supervisory role, may be included in the 4,000 hour requirement. In Section R156-15-302d, technical corrections are made to the section to provide better wording. In Section R156-15-307, amendments made to the section for further clarification and also added that a health facility administrator, to be approved as a preceptor, shall also be currently licensed and in good standing in Utah. In Section R156-15-309, additions clarify that: 1) continuing professional education is a condition for renewal or reinstatement of licenses; 2) no more than 10 hours shall be distance learning; and 3) education obtained from an accredited university or college in pursuit of an advanced degree may qualify as continuing education. Also amended paragraph regarding waiver from or extension of time to complete required continuing education hours.

State statutory or constitutional authorization for this rule:

• Subsection 58-15-3(3)
• Subsection 58-1-106(1)
• Subsection 58-1-202(1)

Anticipated cost or savings to:

the state budget:

The Division will incur minimal costs of approximately $50 to print and distribute the rule once the proposed amendments are made effective. Any costs incurred will be absorbed in the Division's current budget.

local governments:

The proposed amendments only apply to licensed health facility administrators and applicants for licensure in that classification. As a result, the proposed amendments do not apply to local governments.

small businesses:

The proposed amendments only apply to licensed health facility administrators and applicants for licensure in that classification. Licensees and applicants for licensure may work in a small business; however, the proposed amendments would not directly affect the business.

persons other than small businesses, businesses, or local governmental entities:

The proposed amendments only apply to licensed health facility administrators and applicants for licensure in that classification. Since the majority of the proposed amendments are further clarification of the rule or technical corrections, the Division has determined that licensees and applicants should not have any increased costs or savings as a result of these amendments.

Compliance costs for affected persons:

The proposed amendments only apply to licensed health facility administrators and applicants for licensure in that classification. Since the majority of the proposed amendments are further clarification of the rule or technical corrections, the Division has determined that licensees and applicants should not have any increased costs or savings as a result of these amendments.

Comments by the department head on the fiscal impact the rule may have on businesses:

As set forth in the rule summary, this rule filing which updates and clarifies qualifying experience, preceptorship and continuing education requirements is not anticipated to cause any fiscal impact to businesses.

Francine A. Giani, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Commerce
Occupational and Professional Licensing
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

• Sally Stewart at the above address, by phone at 801-530-6179, by FAX at 801-530-6511, or by Internet E-mail at sstewart@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/31/2010

Interested persons may attend a public hearing regarding this rule:

• 05/17/2010 10:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 474 (fourth floor), Salt Lake City, UT

This rule may become effective on:

06/07/2010

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-15. Health Facility Administrator Act Rule[s].

R156-15-101. Title.

[These rules are]This rule is known as the "Health Facility Administrator Act Rule[s]".

 

R156-15-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 15, as used in [Title 58, Chapters 1 and 15 or these]this rule[s]:

(1) "Administrator in training (AIT)" means an individual who is participating in a preceptorship with a licensed health facility administrator.

(2) "Board" means the Health Care Administrators Board.

(3) "Distance learning" means acquiring qualified professional education as referenced in Subsection R156-15-309(2) using technologies and other forms of learning, including internet, audio/visual recordings, mail or other correspondence.

([3]4) "General administration" as used in the definition of "administrator", Subsection 58-15-2(1), means that the administrator is responsible for operation of the health facility in accordance with all applicable laws regardless of whether the administrator is present full or part time in the facility or whether the administrator maintains an office inside or outside of the facility.

([4]5) "General supervision" means [that the supervising health facility administrator is usually and regularly present within the health care facility and when not present is available for consultation by direct voice communication with the person being supervised]general supervision as defined in Subsection R156-1-102a(4)(c).

([5]6) "Nursing home administrator" means a health facility administrator.

([6]7) "Preceptor" means a licensed health facility administrator who is responsible for the supervision and training of an AIT.

([7]8) "Preceptorship" means a formal training program approved by the division in collaboration with the board for an administrator in training (AIT), under the supervision of an approved licensed health facility administrator. The program is conducted in a licensed health facility.

([8]9) "Qualifying experience" [includes]means at least 8,000 hours of employment in a licensed health facility [of which at least 4,000]including hours [are ]in a supervisory role as referenced in Section R156-15-302c[, which includes being designated in writing to have administrative responsibility when the administrator is away].

 

R156-15-103. Authority - Purpose.

[These rules are]This rule is adopted by the division under the authority of Subsection 58-1-106(1) (a) to enable the division to administer Title 58, Chapter 15.

 

R156-15-302a. Qualifications for Licensure - Application Requirements.

In accordance with Subsections 58-1-203([2]1) (b) and 58-1-301(3), the application requirements for licensure in Section 58-15-4 are defined, clarified, or established as follows:

(1) Complete an approved AIT preceptorship consisting of a minimum of 1,000 hours.

(2) Meet either the education requirement in Section R156-15-302b or the experience requirement in Section R156-15-302c.

 

R156-15-302b. Qualifications for Licensure - Education Requirements.

In accordance with Subsections 58-1-203([2]1) (b) and 58-1-301(3), the education requirement for licensure in Subsection 58-15-4(2) is defined, clarified, or established as follows:

(1) The applicant shall graduate[Graduation] from an accredited university or college with a minimum of a baccalaureate degree.

(2) Up to 500 hours spent in an internship, practicum, or outside study program associated with a bachelor's degree in health facility administration or health care administration may be included as part of an approved AIT preceptorship as outlined in Section R156-15-307.

 

R156-15-302c. Qualifications for Licensure - Experience Requirements.

In accordance with Subsection 58-1-203([2]1) (b) and 58-1-301(3), the experience requirement for licensure in Subsection 58-15-4(2) [is]are defined, clarified, or established as follows:

(1) The applicant shall complete[Completion of] at least 8,000 hours of qualifying experience approved by the division in collaboration with the board.

(2) At least 4,000 hours of the qualifying experience shall be in a supervisory role.

(3) Subsection (1) may include up to 500 hours of an approved AIT preceptorship as outlined in Section R156-15-307, and if in a supervisory role may be included as part of Subsection (2).

 

R156-15-302d. Qualifications for Licensure - Examination Requirements.

In accordance with Subsections 58-1-203([2]1) (b) and 58-1-301(3), the examination requirement for licensure in Subsection 58-15-4(4) is defined, clarified, or established as follows:

(1) The National Association of Boards of Examiners for Nursing Home Administrators (NAB) examination is the qualifying examination required for licensure as a health facility administrator.

([a]2) The passing score on the NAB examination shall be a minimum scale score of 113.

 

R156-15-303. Renewal Cycle - Procedures.

(1) In accordance with Subsection 58-1-308(1), the renewal date for the two-year renewal cycle applicable to licensees under Title 58, Chapter 15 is established by rule in Section R156-1-308a(1).

(2) Renewal procedures shall be in accordance with Section R156-1-308c.

 

R156-15-307. AIT Preceptorship.

(1) [The clinical hours spent in an internship, practicum, or outside study program associated with a bachelor's degree in health facility administration or health care administration may count toward the required hours of the approved AIT preceptorship.

(2) The]A preceptor shall be allowed to supervise no[t] more than two AIT preceptees at a time.

([3]2) In order to be approved as a preceptor, the health facility administrator [must]shall:

(a) have been licensed for three years;

(b) be currently licensed and in good standing in Utah; and

(c) [and] be currently working in a licensed health facility.

([4]3) The AIT preceptee shall at all times be under the general supervision of the preceptor.

([5]4) The AIT preceptee may work in the facility either full or part time while completing the preceptorship requirements. Credit received for an AIT preceptorship training shall be earned only for duties related to AIT preceptorship training as set forth under Subsection ([6]5).

([6]5) An approved AIT preceptorship shall include the following:

(a) Patient [C]care including:

(i) health maintenance;

(ii) social and psychological needs;

(iii) food service program;

(iv) medical care;

(v) recreational and therapeutic recreational activities;

(vi) medical records;

(vii) pharmaceutical program; and

(viii) rehabilitation program;

(b) Personnel [M]management including:

(i) grievance procedures;

(ii) performance evaluation system;

(iii) job descriptions/performance standards;

(iv) interview and hiring procedures;

(v) training program;

(vi) personnel policies and procedures; and

(vii) employee health and safety program;

(c) Financial [M]management including:

(i) developing a budget;

(ii) financial planning

(iii) cash management system; and

(iv) establishing accurate financial records;

(d) Marketing and [P]public [R]relations including

(i) planning and implementing a public relations program; and

(ii) planning and implementing an effective marketing program;

(e) Physical [R]resource [M]management including:

(i) ground and codes, building maintenance;

(ii) sanitation and housekeeping procedures;

(iii) compliance with fire life safety codes;

(iv) security; and

(v) fire and disaster plan;

(f) Laws and [R]regulatory [C]codes including:

(i) knowledge of [m]Medicaid and [m]Medicare;

(ii) labor laws;

(iii) knowledge of building, fire and life safety codes;

(iv) OSHA/UOSHA;

(v) Bureau of Health Facility Licensure Law and Rule[s];

(vi) licensing and certification/professional licensing boards;

(vii) [h]Health [f]Facility [a]Administrator [l]Law and [r]Rule[s];

(viii) tax laws; and

(ix) establishing or working with a governing board.

 

R156-15-309. Continuing Education.

(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), there is created[There is hereby established] a continuing professional education requirement as a condition for renewal or reinstatement of licenses[for all individuals licensed] under Title 58, Chapter 15.

(2) During each two year period commencing on June 1 of each odd numbered year, a licensee shall be required to complete not less than 40 hours of qualified professional education directly related to the licensee's professional practice, of which no more than 10 hours shall be distance learning.

(3) The required number of hours of qualified professional education for an individual who first becomes licensed during the two year period shall be decreased in a pro-rata amount equal to any part of that two year period preceding the date on which that individual first became licensed.

(4) Qualified professional education under this section shall:

(a) have an identifiable clear statement of purpose and defined objective for the educational program directly related to the practice of a health facility administrator;

(b) be relevant to the licensee's professional practice;

(c) be presented in a competent, well organized, and sequential manner consistent with the stated purpose and objective of the program;

(d) be prepared and presented by individuals who are qualified by education, training and experience; and

(e) have associated with it a competent method of registration of individuals who actually completed the professional education program and records of that registration and completion are available for review.

(5) Education obtained from an accredited university or college in pursuit of an advanced degree may qualify as continuing education.

(6) A licensee shall be responsible for maintaining competent records of completed qualified professional education for a period of four years after close of the two year period to which the records pertain. It is the responsibility of the licensee to maintain such information with respect to qualified professional education to demonstrate it meets the requirements under this section.

([6]7) Waiver from or an extension of time to complete continuing education shall be in accordance with Section R156-1-308d. A licensee who receives a waiver or extension[documents they are engaged in full time activities or is subjected to circumstances which prevent that licensee from meeting the continuing professional education requirements established under this section] may be excused from the requirement for a period of up to three years.[ However, it is the responsibility of the licensee to document the reasons and justify why the requirement could not be met.]

 

KEY: licensing, health facility administrators[*]

Date of Enactment or Last Substantive Amendment: [May 5, 1998]2010

Notice of Continuation: November 30, 2006

Authorizing, and Implemented or Interpreted Law: 58-1-106(1); 58-1-202(1); 58-15-3(3)