H. B. 2489
(By Delegate Mezzatesta)
[Passed March 9, 1996; in effect ninety days from passage.]
AN ACT to amend article five-c, chapter sixteen of the code of
West Virginia, one thousand nine hundred thirty-one, as
amended, by adding thereto a new section, designated section
nineteen; and to amend and reenact sections four, five, six
and seven, article twenty-five, chapter thirty of said code,
all relating to nursing homes, personal care homes and
residential board and care homes; authorizing the department
to promulgate legislative rules to comply with federal law
and regulations; and authorizing the nursing home
administrators licensing board to propose by legislative
rule the amounts of licensing fees for nursing home
Be it enacted by the Legislature of West Virginia:
That article five-c, chapter sixteen of the code of West
Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new section, designated section
nineteen; and that sections four, five, six and seven, article
twenty-five, chapter thirty of said code be amended and
reenacted, all to read as follows:
CHAPTER 16. PUBLIC HEALTH.
ARTICLE 5C. NURSING AND PERSONAL CARE HOMES AND RESIDENTIAL
BOARD AND CARE HOMES.
§16-5C-19. Federal law; legislative rules.
Notwithstanding any provision in this code to the contrary,
the department shall promulgate legislative rules, in compliance
with the provisions of article three, chapter twenty-nine-a of
this code, pertaining to nursing homes, when those rules are
required for compliance with federal law or regulations. The
rules may be filed as emergency rules.
CHAPTER 30. PROFESSIONS AND OCCUPATIONS.
ARTICLE 25. NURSING HOME ADMINISTRATORS.
§30-25-4. Qualifications for license; exceptions; application;
(a) To be eligible for a license as a nursing home
administrator a person must:
(1) Be of good moral character;
(2) Possess the qualifications and meet any 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
(b) Any person who holds a license or certificate as a
nursing home administrator issued by any other state, the
requirements for which 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 or she meets all of the other
requirements for licensing in this state.
(c) Any applicant for any license shall submit an
application for the license at the time, in the manner, on the
forms and containing the information as the board may, from time
to time, by reasonable legislative rules prescribe and pay to the
board the prescribed license fee, which fee shall be returned to
the applicant if he or she 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 immediately issue the license to the
applicant; otherwise the board shall deny the applicant a
license. The license is 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 the prescribed renewal fee:
Provided, That the board may deny an application for renewal for
any reason that would justify the denial of the original
application for a license. The board shall prescribe the form of
licenses and each license shall be conspicuously displayed by the
licensee at the nursing home that he or she administers.
§30-25-6. Emergency permit.
If a licensed nursing home administrator dies or is unable
to continue due to 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 the
appointment will not endanger the safety of the occupants of the
nursing home. An emergency permit is 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 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 on the examination;
(3) Promulgate reasonable legislative rules in accordance
with and subject to the provisions of article three, chapter
twenty-nine-a of this code, for the proper performance of its
duties and shall establish fees for examinations, permits,
licenses and renewals sufficient to cover the costs of
administration of this article;
(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
provided in this article, may review, affirm, reverse, vacate or
modify its order with respect to any denial, suspension or
(5) Develop, impose and enforce standards which must be met
by individuals in order to receive a license as a nursing home
administrator. The 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 records 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 the courses
are not otherwise reasonably available to residents of this
(10) Take 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 or her 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 the fund.