Senate Bill No. 297

(By Senators Wooton, Dittmar, Schoonover, Oliverio and Bowman)


[Originating in the Committee on the Judiciary;

reported February 8, 1995.]


A BILL to amend and reenact sections four, five, six and seven, article twenty-five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, all relating to nursing home administrators license fees; and authorizing the West Virginia nursing home administrators licensing board to prescribe license fees by legislative rule- making review authority.

Be it enacted by the Legislature of West Virginia:
That sections four, five, six and seven, article twenty-five, chapter thirty of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended and reenacted, all to read as follows:
§30-25-4. Qualifications for license; exceptions; application; fees.

(a) To be eligible for a license as a nursing home administrator a person must:
(1) Be of good moral character;
(2) Possess such qualifications and meet such reasonable standards as the board may prescribe pursuant to subsection (a), section seven of this article;
(3) Pass the examination prescribed by the board in the subject of nursing home administration; and
(4) Have sufficient knowledge and soundness of judgment to be able to adequately discharge the functions of a nursing home administrator.
(b) Any person who holds a license or certificate as a nursing home administrator issued by any other state, the requirements for which license or certificate are found by the board to be at least as great as those provided in this article, may be granted a license without examination if he meets all of the other requirements for licensing in this state.
(c) Any applicant for any such license shall submit an application therefor at such time, in such manner, on such forms and containing such information as the board may prescribe and pay to the board a license fee, which fee shall be returned to the applicant if he is denied a license.
§30-25-5. Issuance of license; renewal of license; renewal fee; display of license.

Whenever the board finds that an applicant meets all of the requirements of this article for a license as a nursing home administrator, it shall forthwith issue to him such license; otherwise the board shall deny the same. The license shall be valid for a period ending on the thirtieth day of June next ensuing and may be renewed without examination upon application for renewal on a form prescribed by the board and payment to the board of a renewal fee: Provided, That the board may deny an application for renewal for any reason which would justify the denial of the original application for a license. The board shall prescribe the form of licenses and each such license shall be conspicuously displayed by the licensee at the nursing home which he administers.
§30-25-6. Emergency permit.
If a licensed nursing home administrator dies or is unable to continue as such from an unexpected cause, the owner, governing body or other appropriate authority in charge of the nursing home involved may designate an acting administrator to whom the board may immediately issue an emergency permit if it finds such appointment will not endanger the safety of the occupants of such nursing home. Such emergency permit shall be valid for a period determined by the board not to exceed six months and shall not be renewed. The fee for an emergency permit shall be paid to the board.
§30-25-7. Powers and duties of board.

(a) The board shall:
(1) Examine applicants and determine their eligibility for a license or emergency permit as a nursing home administrator;
(2) Prepare, conduct and grade an apt and proper examination of applicants for a license and determine the satisfactory passing score thereon;
(3) Propose an emergency rule to establish licensing fees for the year one thousand nine hundred ninety-five for promulgation, in accordance with the provisions of article three, chapter twenty- nine-a of this code, and to propose further rules for promulgation, in accordance with the provisions of said article to otherwise implement the provisions of this article and to exercise the powers and duties conferred upon the board hereby;
(4) Issue, renew, deny, suspend or revoke licenses and emergency permits in accordance with the provisions of this article and, in accordance with the administrative procedures hereinafter provided, may review, affirm, reverse, vacate or modify its order with respect to any such denial, suspension or revocation;
(5) Develop, impose and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to ensure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
(6) Employ, direct, discharge and define the duties of personnel necessary to effectuate the provisions of this article;
(7) Keep accurate and complete records of its proceedings, certify the same as may be appropriate and prepare, from time to time, a list showing the names and addresses of all licensees;
(8) Approve courses of study or training in the field of nursing home administration which sufficiently meet education and training requirements for nursing home administrators established by this article;
(9) Conduct a course of study or training of the type referred to in subdivision (8) of this subsection if such courses are not otherwise reasonably available to residents of this state; and
(10) Take such other action as may be reasonably necessary or appropriate to effectuate the provisions of this article.
(b) All moneys paid to the board shall be accepted by a person designated by the board and deposited by him with the treasurer of the state and credited to an account to be known as the "West Virginia Nursing Home Administrators Licensing Board Fund". Reimbursement of all reasonable and necessary costs and expenses actually incurred by members, and by the board in the administration of this article shall be paid from such fund.