Senate Bill No. 490
(By Senators Manchin and Wooton)
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[Introduced February 21, 1994; referred to the Committee
on Health and Human Resources; and then to the Committee
on Finance.]
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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,
relating to nursing home administrators; removing certain
license fees; and authorizing the board to establish fees by
administrative rules.
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 to read as follows:
ARTICLE 25. NURSING HOME ADMINISTRATORS.
§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, from time to
time, by reasonable rules and regulations prescribe and pay to
the board a the prescribed license fee of two hundred dollars,
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 homeadministrator, 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 June thirty 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 the
prescribed renewal fee: of one hundred dollars
§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 prescribed fee for an
emergency permit shall be one hundred dollars 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) Promulgate reasonable rules and regulations implementing
the provisions of this article and the powers and duties
conferred upon the board hereby, all of which reasonable rules
and regulations shall be promulgated in accordance with the
provisions of article three, chapter twenty-nine-a of this code:
(a) For the proper performance of its duties; and (b) to
establish fees for examinations, permits, licenses and renewals
as are necessary to cover the costs of administration;
(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.
NOTE: The purpose of this bill is to remove specific
statutory fees for licenses and permits issued by the Nursing
Home Administrators Licensing Board and to authorize the Board to
establish these fees by administrative rules.
Strike-throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.