DAR File No. 38337

Commerce, Occupational and Professional Licensing

Rule R156-15

Health Facility Administrator Act Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 38337
Filed: 03/11/2014 02:39:29 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The Division and Health Facility Administrators Licensing Board are proposing amendments to: 1) clarify responsibilities and supervision of Administrator-in-Training (AIT) preceptorships which will expand current practices which limited the availability of experienced health facility administrators in the training of new professionals; and 2) make certain corrections in administration in connection with Department of Health rules.

Summary of the rule or change:

Throughout the rule, the terms "division" and "board" have been capitalized. Subsection R156-15-102(4) is amended to make a change to general administration of licensed facilities as permitted by the Department of Health rules on facilities requiring licensed health facility administrators. Subsection R156-15-102(7) is amended to expand who may supervise AIT preceptorship training. Subsection R156-15-307(2) is amended to permit additional licensed health facility administrators with experience to supervise the training of an AIT.

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. The proposed amendments will provide more training opportunities for applicants and may also provide additional employment opportunities for licensees; but should have no impact on small businesses.

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 will increase the availability of prospective licensees to training with experienced licensees to the benefit and safety of the public. The Division does not anticipate any substantial costs or savings as a result of the proposed amendments.

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 will increase the availability of prospective licensees to training with experienced licensees to the benefit and safety of the public. The proposed amendments should have no increased compliance cost or impact for health facility administrators. If the proposed increased training opportunities and employment opportunities occur, there may be some unknown costs which the Division is not able to determine due to a wide range of circumstances.

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

As stated in the rule analysis, this filing will allow certain licensees who are working in executive positions with licensed health facilities to supervise up to two administrators in training. No 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
HEBER M WELLS BLDG
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:

05/01/2014

This rule may become effective on:

05/08/2014

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(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]the number of licensed facilities in accordance with Utah Administrative Code R432-150 or R432-200.

(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 meeting the qualifications of Subsection R156-15-307(2), who is responsible for the supervision and training of an AIT.

(8) "Preceptorship" means a formal training program approved by the [d]Division in collaboration with the [b]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.

 

R156-15-103. Authority - Purpose.

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

 

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

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

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

 

R156-15-307. AIT Preceptorship.

(1) A preceptor shall be allowed to supervise no more than two AIT preceptees at a time.

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

(a) have been licensed for three years;

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

(c) (i) be currently working in a licensed health facility; or

(ii) be currently working in an executive position related to a licensed health facility.

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

(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 (5).

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

(a) Patient 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 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 management including:

(i) developing a budget;

(ii) financial planning

(iii) cash management system; and

(iv) establishing accurate financial records;

(d) Marketing and public relations including

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

(ii) planning and implementing an effective marketing program;

(e) Physical resource management including:

(i) ground and codes, building maintenance;

(ii) sanitation and housekeeping procedures;

(iii) compliance with fire and life safety codes;

(iv) security; and

(v) fire and disaster plan;

(f) Laws and regulatory codes including:

(i) knowledge of Medicaid and 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;

(vi) licensing and certification/professional licensing boards;

(vii) Health Facility Administrator Law and Rule;

(viii) tax laws; and

(ix) establishing or working with a governing board.

 

KEY: licensing, health facility administrators

Date of Enactment or Last Substantive Amendment: [May 26, 2011]2014

Notice of Continuation: October 13, 2011

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