Commerce, Occupational and Professional Licensing

Rule R156-15

Health Facility Administrator Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 34545
Filed: 03/31/2011 10:02:34 AM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and the Health Facility Administrators Licensing Board reviewed the rule and determined the rule needs to be updated to clarify the licensure by endorsement requirements and continuing education requirements for licensees.

Summary of the rule or change:

In Subsection R156-15-102(3), an incorrect rule citation is corrected; in Subsection R156-15-102(4), the definition of "general administration" is updated to comply with Health Department regulations in that a licensed health facility administrator may not exceed responsibility for more than one facility. In Section R156-15-308, additions clarify that an applicant applying for licensure by endorsement must also meet the examination requirement as stated in Section R156-15-302d. A new Subsection R156-15-309(6) is added to provide that continuing professional education under the sponsorship of or approved by the licensing agency of Utah or another state may qualify as continuing education. The remaining subsections are renumbered.

State statutory or constitutional authorization for this rule:

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

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. The proposed amendments should have no increased compliance cost or impact on licensed health facility administrators. An applicant for licensure as a health facility administrator who is applying by endorsement may incur a minimal cost of $75 to take an examination if it is determined the applicant does not meet the examination requirement for licensure. The Division is not able to determine an aggregate cost to applicants since it does not know how many applicants who are applying by endorsement will not meet the examination requirements.

Compliance costs for affected persons:

The proposed amendments only apply to licensed health facility administrators and applicants for licensure in that classification. The proposed amendments should have no increased compliance cost or impact on licensed health facility administrators. An applicant for licensure as a health facility administrator who is applying by endorsement may incur a minimal cost of $75 to take an examination if it is determined the applicant does not meet the examination requirement for licensure.

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

This rule filing clarifies definitions and standards for licensure by endorsement and continuing education. As indicated in the summary, some applicants for licensure by endorsement who do not meet the examination requirement may incur a $75 cost to take the examination. No other fiscal impact to businesses is anticipated.

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:

05/16/2011

Interested persons may attend a public hearing regarding this rule:

• 05/03/2011 09:00 AM, Heber Wells Bldg, 160 E 300 S, Conference Room 402, Salt Lake City, UT

This rule may become effective on:

05/23/2011

Authorized by:

Mark Steinagel, Director

R156. Commerce, Occupational and Professional Licensing.

R156-15. Health Facility Administrator Act Rule.

R156-15-102. Definitions.

In addition to the definitions in Title 58, Chapters 1 and 15, as used in this rule:

(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]4) using technologies and other forms of learning, including internet, audio/visual recordings, mail or other correspondence.

(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, but may not exceed responsibility for more than one facility.

(5) "General supervision" means general supervision as defined in Subsection R156-1-102a(4)(c).

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

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

(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.

(9) "Qualifying experience" means at least 8,000 hours of employment in a licensed health facility including hours in a supervisory role as referenced in Section R156-15-302c.

 

R156-15-308. License By Endorsement.

A license may be granted to an applicant in accordance with Section 58-1-302 and Subsection 58-15-4(6) who is :

(1) currently a licensed health facility administrator in good standing in another state[ in accordance with Section 58-1-302.]; and

(2) meets the examination requirement as stated in Section R156-15-302d.

 

R156-15-309. Continuing Education.

(1) In accordance with Subsections 58-1-203(1)(g) and 58-1-308(3)(b), there is created a continuing professional education requirement as a condition for renewal or reinstatement of licenses 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) Continuing professional education under the sponsorship of or approved by the licensing agency of Utah or another state may qualify as continuing education.

([6]7) 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.

([7]8) 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 may be excused from the requirement for a period of up to three years.

 

KEY: licensing, health facility administrators

Date of Enactment or Last Substantive Amendment: [June 7, 2010]2011

Notice of Continuation: November 30, 2006

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