1416.20. (a) The nursing home administrator licensing examination
shall cover the broad aspects of nursing home administration.
(b) Unless otherwise provided in this article, every applicant for
an initial license as a nursing home administrator shall pass a
nursing home administrator licensing examination, which shall consist
of a state and national examination. The state examination shall be
held at least four times a year, at a time and place determined by
the program. The national examination is computer-based and shall be
scheduled by the applicant after the applicant is notified by the
program of his or her eligibility to take the examination.
(c) If an applicant for licensure under this article, submits an
endorsement certificate from another state indicating that he or she
scored at least 75 percent on the national examination, the applicant
shall be required to take only the California state part of the
licensing examination. If the applicant scored less than 75 percent
on the national examination, he or she shall take both the state and
national examination.
1416.22. (a) To qualify for the licensing examination, an applicant
must be at least 18 years of age, be a citizen of the United States
or a legal resident, be of reputable and responsible character,
demonstrate an ability to comply with this chapter, and comply with
at least one of the following requirements:
(1) Have a master's degree in nursing home administration or a
related health administration field. The master's program in which
the degree was obtained must have included an internship or residency
of at least 480 hours in a skilled nursing facility or intermediate
care facility.
(2) (A) With regard to applicants who have a current valid license
as a nursing home administrator in another state and apply for
licensure in this state, meet the minimum education requirements that
existed in this state at the time the applicant was originally
licensed in the other state.
(B) The minimum education requirements that have existed in
California are as follows:
Prior to 7/1/73 None
From 7/1/73 to 6/30/74 30 semester units
From 7/1/74 to 6/30/75 45 semester units
From 7/1/75 to 6/30/80 60 semester units
From 7/1/80 to present Baccalaureate degree
(3) A doctorate degree in medicine, a current valid license as a
physician and surgeon, and the completion of a program-approved AIT
Program of at least 1,000 hours.
(4) A baccalaureate degree, and the completion of a
program-approved AIT Program of at least 1,000 hours.
(5) Ten years of recent full-time work experience, and a current
license, as a licensed registered nurse, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory or director of nursing position.
(6) Ten years of full-time work experience in any department of a
skilled nursing facility, an intermediate care facility, or an
intermediate care facility developmentally/disabled with at least 60
semester units (or 90 quarter units) of college or university
courses, and the completion of a program-approved AIT Program of at
least 1,000 hours. At least the most recent five years of the 10
years of work experience shall be in a position as a department
manager.
(7) Ten years of full-time hospital administration experience in
an acute care hospital with at least 60 semester units (or 90 quarter
units) of college or university courses, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory position.
(b) An applicant for the licensing examination may obtain from the
department a waiver of the education requirements in subdivision (a)
if they meet the requirements of Section 1416.23.
(c) If the applicant and the preceptor provide compelling evidence
that previous work experience of the applicant directly relates to
nursing home administrator duties, the program may accept a waiver
exception to a portion of the AIT Program that requires 1,000 hours.
An applicant seeking a waiver of the educational requirements
pursuant to Section 1416.23 shall not be eligible for a waiver under
this subdivision.
(d) The applicant shall submit an official transcript that
evidences the completion of required college and university courses,
degrees, or both. An applicant who applies for the licensing
examination on the basis of work experience shall submit a
declaration signed under penalty of perjury, verifying his or her
work experience. This declaration shall be signed by a licensed
nursing home administrator, physician and surgeon, chief of staff,
director of nurses, or registered nurse who can attest to the
applicant's work experience.
1416.23. (a) Upon request of an applicant who is a member of a
church or religious denomination, recognized by the Internal Revenue
Service under Section 501(c)(3) of the Internal Revenue Code, that
owns and operates a faith-based skilled nursing facility in
California, and whose teachings historically prohibit the acquisition
of the formal education that would otherwise be required to qualify
for the AIT Program and the licensing examination, that applicant may
seek an educational waiver. That applicant shall be required to
possess at least an accredited high school diploma or proof of
successfully passing a General Educational Development (GED) test of
the American Council on Education or the California High School
Proficiency Examination, as well as 10 years of full-time work
experience in business, health, or rehabilitation fields, with at
least five of the 10 years of work experience in business, health, or
rehabilitation management or administration.
(b) The department may review the applicant's church's or
religious denomination's Internal Revenue Code 501(c)(3) application,
including attachments, the Internal Revenue Service's Letter of
Determination of tax-exempt status to the church or religious
denomination, and the church's or religious denomination's bylaws,
constitution, or member orientation information to confirm an
applicant's eligibility for the educational waiver. The applicant's
church or religious denomination shall provide the foregoing
information to the department for its review and processing of the
educational waiver application. The department shall accept notarized
copies of these documents.
(c) If the educational requirements are waived, the applicant
successfully completes the program-approved 1,000 hour AIT Program,
and is successful in passing the national and state licensing
examinations, the applicant may only serve as a nursing home
administrator in a facility that is owned and operated by the
applicant's church or religious denomination.
1416.24. (a) An application for a nursing home administrator
license shall be submitted to the program on a form provided by the
program, with the appropriate nonrefundable fee for any required
examination, the application, and licensure. The application shall
contain information the program deems necessary to determine the
applicant's qualifications and a statement whether the individual has
been convicted of any crime other than a minor traffic violation.
Each applicant shall meet the current requirements for any required
examination and licensure. Applicants for licensure shall submit
evidence of electronic transmission of fingerprints or fingerprint
cards to the program.
(b) A completed application package, together with the examination
application, and licensure fees must be received by the program at
least 30 days prior to the examination date.
(c) (1) The withdrawal of an application for a license after it
has been filed with the department shall not, unless the department
consents in writing to the withdrawal, deprive the department of its
authority to institute or continue a proceeding against the applicant
for the denial of the license upon any ground provided by law or to
enter an order denying the license upon that ground.
(2) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, the suspension, forfeiture, or
cancellation by order of the department or a court of law of a
license, or the surrender without the written consent of the
department of a license, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any grounds.
(d) An application that is submitted to the program is valid for
only one year after the date of receipt. An applicant who fails to
meet all requirements for licensure, including successfully passing
the national and state examinations during that one-year period,
shall be required to submit another application and appropriate
application and examination fees to the program before attempting
further examinations.
(e) The program may extend the one-year period described in
subdivision (d) upon a showing of good cause. For purposes of this
subdivision, good causes shall include, but shall not be limited to,
delays in the processing of the application, or delays in applying
for and taking the examination caused by illness, accident, or other
extenuating circumstances.
(f) An applicant shall submit documentation and evidence to the
program of his or her eligibility for licensure.
(g) At the time of the examination, the applicant shall read and
sign the Examination Security Agreement and comply with its terms.
1416.26. (a) As part of the application process for a nursing home
administrator license, an applicant shall electronically submit
fingerprint images and related information, for a criminal offender
record information search, to the Department of Justice and the
Federal Bureau of Investigation, through the Department of Justice.
The applicant shall provide proof of electronic transmission of his
or her fingerprint images and related information to the Department
of Justice and the Federal Bureau of Investigation. Upon receipt of
the fingerprint images and related information, the Department of
Justice shall notify the department with a state or federal level
criminal offender record information search response. If no state or
federal level criminal record information has been recorded, the
Department of Justice shall provide the department with a statement
of that fact.
(b) This criminal record clearance shall be completed prior to
issuing a license. Applicants shall be responsible for any costs
associated with the criminal record clearance. The fee to cover the
processing costs of the Department of Justice, not including the
costs associated with capturing or transmitting the fingerprint
images and related information, shall not exceed thirty-two dollars
($32) for a state level criminal offender record information search,
and shall not exceed twenty-four dollars ($24) for a federal level
criminal offender record information search.
1416.28. (a) Notwithstanding any other law, the program shall at
the time of application, issuance, or renewal of a nursing home
administrator license require that the applicant or licensee provide
his or her federal employer identification number or his or her
social security number.
(b) Any applicant or licensee failing to provide his or her
federal identification number or social security number shall be
reported by the program to the Franchise Tax Board and, if failing to
provide after notification pursuant to paragraph (1) of subdivision
(b) of Section 19528 of the Revenue and Taxation Code, shall be
subject to the penalty provided in paragraph (2) of subdivision (b)
of Section 19528 of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), the
program may not process any application, original license, or renewal
of a license unless the applicant or licensee provides his or her
federal employer identification number or social security number
where requested on the application.
(d) The program shall, upon request of the Franchise Tax Board,
furnish to the Franchise Tax Board the following information with
respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number or social security
number.
(4) Type of license.
(5) Effective date of license or renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.
(f) The program shall provide to the Franchise Tax Board the
information required by this section at a time that the Franchise Tax
Board may require.
(g) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the social security
number and federal employer identification number furnished pursuant
to this section shall not be deemed to be a public record and shall
not be open to the public for inspection.
(h) Any deputy, agent, clerk, officer, or employee of the program
described in this chapter, any former officer or employee, or other
individual who in the course of his or her employment or duty has or
has had access to the information required to be furnished under this
chapter, may not disclose or make known in any manner that
information, except as provided in this section to the Franchise Tax
Board or as provided in subdivision (j).
(i) It is the intent of the Legislature in enacting this section
to utilize the social security account number or federal employer
identification number for the purpose of establishing the
identification of persons affected by state tax laws and for purposes
of compliance with Section 17520 of the Family Code and, to that
end, the information furnished pursuant to this section shall be used
exclusively for those purposes.
(j) If the program utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between
California and the state requesting release of the social security
number, any deputy, agent, clerk, officer, or employee of the program
described in this chapter may release a social security number to an
examination or licensing entity, only for the purpose of
verification of licensure or examination status.
1416.30. (a) The program shall require compliance with any judgment
or order for support prior to issuance or renewal of a license.
(b) Each applicant for the issuance or renewal of a nursing home
administrator license, who is not in compliance with a judgment or
order for support shall be subject to Section 11350.6 of the Welfare
and Institutions Code.
(c) "Compliance with a judgment or order of support" has the same
meaning as specified in paragraph (4) of subdivision (a) of Section
11350.6 of the Welfare and Institutions Code.
1416.32. (a) Prior to admission to the licensing examination, the
applicant shall read and sign an examination security agreement and
comply with its terms.
(b) The program may deny, suspend, revoke, or otherwise restrict
the license of an applicant or a licensee for any of the following
acts:
(1) Having or attempting to have an impersonator take the
examination on one's behalf.
(2) Impersonating or attempting to impersonate another to take the
examination on that person's behalf.
(3) Communicating or attempting to communicate about the
examination content with another examinee or with any person other
than the examination staff. This includes divulging the content of
specific written examination items to examination preparation
providers.
(4) Copying questions or making notes of examination materials or
revealing the content of the examination to others who are preparing
to take the NHAP examination or who are preparing others to take such
examination.
(5) Obstructing or attempting to obstruct the administration of
the examination in any way.
(c) It is a misdemeanor for any person to engage in any conduct
that subverts or attempts to subvert any licensing examination or the
administration of an examination, including, but not limited to, the
following conduct:
(1) Conduct that violates the security of the examination
materials, removing from the examination room any examination
materials without authorization, the unauthorized reproduction by any
means of any portion of the actual licensing examination, aiding by
any means the unauthorized reproduction of any portion of the actual
licensing examination, paying or using professional or paid
examination-takers for the purpose of reconstructing any portion of
the licensing examination, obtaining examination questions or other
examination material, except by specific authorization either before,
during, or after an examination, using or purporting to use any
examination questions or materials that were improperly removed or
taken from any examination for the purpose of instructing or
preparing any applicant for examination, or selling, distributing,
buying, receiving, or having unauthorized possession of any portion
of a future, current, or previously administered licensing
examination.
(2) Communicating with any other candidate during the
administration of a licensing examination, copying answers from
another examinee or permitting one's answers to be copied by another
examinee, having in one's possession during the administration of the
licensing examination any books, equipment, notes, written or
printed materials, or data of any kind, other than the examination
materials distributed, or otherwise authorized to be in one's
possession during the examination, or impersonating any examinee or
having an impersonator take the licensing examination on one's
behalf.
(d) Nothing in this section shall preclude prosecution under the
authority provided for in any other provision of law.
(e) In addition to any other penalties, a person found guilty of
violating this section, shall be liable for the actual damages
sustained by the agency administering the examination not to exceed
ten thousand dollars ($10,000) and the costs of litigation.
(f) The proceedings under this section shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure.
(g) The remedy provided for by this section shall be in addition
to, and not a limitation on, the authority provided for in any other
provision of law.
1416.34. (a) (1) In order to have a passing score on either the
national or state examination, an examinee shall earn a score of at
least 75 percent.
(2) An applicant who fails to pass either the national or state
examination shall retake the entire national or state examination.
(3) An applicant who fails to pass either the state or national
examination after three attempts shall receive additional training as
outlined by the program from a program-approved preceptor, prior to
participating in another examination.
(b) The examination shall be administered and evaluated by either
of the following:
(1) The department.
(2) A contractor or vendor pursuant to a written agreement with
the program or department.
(c) The results of the examination shall be provided to each
applicant in a timely manner, not to exceed 90 days from the date of
the examination.
(d) The program shall issue a license to an applicant who
successfully passes the required examination and has satisfied all
other requirements for licensure.
(e) A license shall be effective for a period of two years from
the date of issuance.
(f) The program shall issue a provisional license to candidates
who meet the provisional licensure requirements established by this
chapter.
(g) The program shall replace a lost, damaged, or destroyed
license certificate upon receipt of a written request from a licensee
and payment of the duplicate license fee. A licensee shall complete
a request for a duplicate license on the required program form, and
then submit it to the program.
(h) A licensee shall inform the program of the licensee's current
home address, mailing address, and if employed by a nursing facility,
the name and address of that employer. A licensee shall report a
change in any of this information to the program within 30 calendar
days. Failure of the licensee to provide timely notice to the program
may result in a citation penalty. A licensee shall provide to the
program an address to be included in the public files.
(i) A licensee shall display his or her license and show to anyone
upon request in order to inform patients or the public as to the
identity of the regulatory agency that they may contact if they have
questions or complaints regarding the licensee.
1416.36. (a) The fees prescribed by this chapter are as follows:
(1) The application fee for reviewing an applicant's eligibility
to take the examination shall be twenty-five dollars ($25).
(2) The application fee for persons applying for reciprocity
consideration licensure under Section 1416.40 shall be fifty dollars
($50).
(3) The application fee for persons applying for the AIT Program
shall be one hundred dollars ($100).
(4) The examination fees shall be:
(A) Two hundred seventy-five dollars ($275) for an automated
national examination.
(B) Two hundred ten dollars ($210) for an automated state
examination or one hundred forty dollars ($140) for a written state
examination.
(5) The fee for an initial license shall be one hundred ninety
dollars ($190).
(6) The renewal fee for an active or inactive license shall be one
hundred ninety dollars ($190).
(7) The delinquency fee shall be fifty dollars ($50).
(8) The duplicate license fee shall be twenty-five dollars ($25).
(9) The fee for a provisional license shall be two hundred fifty
dollars ($250).
(10) The fee for endorsement of credentials to the licensing
authority of another state shall be twenty-five dollars ($25).
(11) The preceptor certification fee shall be fifty dollars ($50)
for each three-year period.
(12) The biennial fee for approval of a continuing education
provider shall be one hundred fifty dollars ($150).
(13) The biennial fee for approval of a continuing education
course shall be not more than fifteen dollars ($15).
(b) Commencing July 1, 2002, fees provided in this section shall
be adjusted annually, as directed by the Legislature in the annual
Budget Act. The proposed adjustment in the examination fees shall not
exceed the increase in the California Consumer Price Index, except
as provided in subdivision (d). The department shall provide an
annual fiscal year program fee report to the Legislature each April
1, commencing on April 1, 2002.
(c) The department shall, by July 30 of each year, publish a list
of actual numerical fee charges as adjusted pursuant to this section.
This adjustment of fees and the publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) If the revenue projected to be collected is less than the
projected costs for the budget year, the department may propose that
fees be adjusted by not more than twice the increase in the Consumer
Price Index.
1416.38. (a) The Nursing Home Administrator's State License
Examining Board Fund in the Professions and Vocations Fund in the
State Treasury is hereby renamed the Nursing Home Administrator's
State License Examining Fund and continued in existence in the State
Treasury.
(b) Within 10 days after the beginning of every month, all fees
collected by the program for the month preceding, under this chapter,
shall be paid into the Nursing Home Administrator's State License
Examining Fund.
(c) The funding paid into the Nursing Home Administrator's State
License Examining Fund shall be continuously appropriated to the
program for expenditures in the manner prescribed by law to defray
the expenses of the program and in carrying out and enforcing the
provisions of this chapter.
1416.40. (a) For purposes of this chapter, "reciprocity applicant"
means any applicant who holds a current license as a nursing home
administrator in another state has been licensed and in good
standing, has passed the national examination, and the applicant is
otherwise qualified.
(b) An applicant who holds a current valid license as a nursing
home administrator in another state may be issued a one-year
provisional license as a reciprocity applicant pursuant to this
section. The provisional license authorizes the holder to work in
this state at a licensed nursing facility during the one-year
licensure period.
(c) The applicant shall obtain an application form from the
program, complete the form accurately, and, under penalty of perjury,
certify the experience, education, and criminal record history
information supplied in the application. The applicant shall submit
the application to the program, along with any supporting documents
to substantiate the application and the applicable provisional,
examination, and licensure fees.
(d) The provisional license may be granted to a reciprocity
applicant who complies with all of the following informational
requirements:
(1) Provides a statement of health consistent with an ability to
perform the duties of a nursing home administrator.
(2) Discloses the fact of and the circumstances surrounding any of
the following:
(A) Conviction of any criminal law violation of any country,
state, or municipality, except minor traffic violations. The
applicant shall submit appropriate criminal record information for
purposes of this subparagraph.
(B) Any discipline affecting nursing home administrator licensure
in any state.
(C) Any pending investigations or disciplinary actions concerning,
or surrender of, nursing home administrator licensure in any state.
The applicant shall submit an endorsement certificate to verify state
licensure and substantiate if he or she has no pending
investigation, disciplinary action, or surrender under this
subparagraph.
(3) Submits official transcripts as evidence of completed college
or university courses and degrees.
(4) Provides satisfactory evidence of current or recent employment
experience within the last five years as a licensed nursing home
administrator.
(5) Submits proof that the applicant is at least 18 years of age.
(e) The reciprocity applicant who holds a provisional license as
authorized by this section shall be required to pass the state
examination. If the provisional licensee, fails to pass the state
examination within the one-year provisional licensure period, the
provisional license shall expire and no further reciprocity
accommodations shall be allowed. The provisional license may not be
renewed or extended. At the expiration of the provisional license the
applicant may seek licensure in this state through standard
procedures.
1416.42. (a) Except for provisional licenses issued pursuant to
Section 1416.40, each license issued pursuant to this chapter shall
expire 24 months from the date of issuance.
(b) To renew an unexpired license the licensee shall, at least 30
days prior to the expiration of the license, submit an application
for renewal on a form provided by the program, accompanied by the
renewal fee. An applicant may request either an active license or an
inactive license. If an applicant requests an active license, he or
she shall submit proof of completion of the required hours of
program-approved continuing education.
(c) A delinquency fee is payable for license renewals not received
by the program one day after the license expires.
(d) A license which has expired may be reinstated within three
years following the date of expiration. The licensee shall apply for
reinstatement on a form provided by the program and submit the
completed form together with the current fee for license renewal. If
the licensee requests an active license, he or she shall furnish
proof of completion of the required hours of continuing education.
The reinstatement shall be effective on the date that the completed
application, including required fees, is submitted and approved.
1416.44. (a) Notwithstanding any other provision of law, a licensee
who permitted his or her license to expire while serving in any
branch of the armed services of the United States during a period of
war, as defined in subdivision (e), may, upon application, reinstate
his or her license without examination or penalty if the following
conditions are met:
(1) His or her license was valid at the time he or she entered the
armed services.
(2) The application for reinstatement is made while serving in the
armed services, not later than one year from the date of discharge
from active service or return to inactive military status, or within
three years following the license date of expiration whichever is the
most recent time period.
(3) The application for reinstatement is accompanied by an
affidavit showing the date of entrance into the service, whether
still in the service or date of discharge, and the renewal fee for
the current renewal period in which the application is filed is paid.
(4) The application for reinstatement indicates no criminal
convictions while absent from the profession.
(b) If application for reinstatement is filed more than one year
after discharge or return to inactive status, the applicant, in the
discretion of the licensing program, may be required to pass an
examination and pay additional fees.
(c) Unless otherwise specifically provided by law, any licensee
who, either part time or full time, practices in this state the
nursing home administrator profession shall be required to maintain
his or her license in good standing even though he or she is in
military service.
(d) For the purposes in this section, time spent by a licensee in
receiving treatment or hospitalization in any veterans' facility
during which he or she is prevented from practicing his or her
profession or vocation shall be excluded in determining the periods
specified in paragraph (2) of subdivision (a).
(e) As used in this section, "war" means any of the following
circumstances:
(1) Whenever Congress has declared war and peace has not formally
been restored.
(2) Whenever the United States is engaged in active military
operations against any foreign power, whether or not war has been
formally declared.
(3) Whenever the United States is assisting the United Nations, in
actions involving the use of armed force, to restore international
peace and security.
1416.45. A licensee may not engage in licensed activity while his
or her license is suspended or revoked, or after it has expired.
1416.46. (a) A revoked license may not be renewed.
(b) A licensee whose license has been revoked may petition the
program for reinstatement after a period of not less than one year
has elapsed from the effective date of the decision or from the date
of the denial of a similar petition. The petitioner shall be afforded
an opportunity to present either oral or written argument before the
program. The program shall decide the petition and the decision
shall include the reasons therefor, and any terms and conditions that
the program reasonably deems appropriate to impose as a condition of
reinstatement.
1416.48. A licensee who does not intend to engage in activity
requiring nursing home administrator licensure may file a request to
place his or her license in inactive status. An inactive license is
subject to all requirements for renewal, including payment of fees,
but completion of continuing education is not required to renew an
inactive license. However, proof of completion of 40 continuing
education credits during the last two years shall be submitted
together with an application for reinstatement of an active license.
1416.50. (a) For purposes of this chapter, "continuing education"
means any course of study offered by an educational institution,
association, professional society, or organization for the purpose of
providing continuing education for nursing home administrators.
(b) This section shall govern the continuing education
requirements needed by a nursing home administrator to renew his or
her nursing home administrator license.
(c) In order to renew a license, the applicant shall provide
evidence satisfactory to the program that he or she has completed 40
hours of program-approved continuing education courses, of which at
least 10 total hours shall be specifically in the area of aging or
patient care.
(d) The continuing education courses to be approved for credit
toward the continuing education requirements may include the
following subject areas offered by accredited colleges, universities,
community colleges, or a training entity approved by the department.
(1) Resident care.
(2) Personnel management.
(3) Financial management.
(4) Environmental management.
(5) Regulatory management.
(6) Organizational management.
(7) Patient care and aging.
(e) No continuing education credit shall be allowed for courses
failed according to the institution's grading determination.
(f) If the program finds that programs of training and instruction
conducted within the state are not sufficient in number or content
to enable nursing home administrators to meet requirements
established by law and this chapter, the program may approve courses
conducted within and without this state as sufficient to meet
educational requirements established by law and this chapter. For the
purposes of this subdivision, the program shall have the authority
to receive funds in a manner consistent with the requirements of the
federal government.
1416.20. (a) The nursing home administrator licensing examination
shall cover the broad aspects of nursing home administration.
(b) Unless otherwise provided in this article, every applicant for
an initial license as a nursing home administrator shall pass a
nursing home administrator licensing examination, which shall consist
of a state and national examination. The state examination shall be
held at least four times a year, at a time and place determined by
the program. The national examination is computer-based and shall be
scheduled by the applicant after the applicant is notified by the
program of his or her eligibility to take the examination.
(c) If an applicant for licensure under this article, submits an
endorsement certificate from another state indicating that he or she
scored at least 75 percent on the national examination, the applicant
shall be required to take only the California state part of the
licensing examination. If the applicant scored less than 75 percent
on the national examination, he or she shall take both the state and
national examination.
1416.22. (a) To qualify for the licensing examination, an applicant
must be at least 18 years of age, be a citizen of the United States
or a legal resident, be of reputable and responsible character,
demonstrate an ability to comply with this chapter, and comply with
at least one of the following requirements:
(1) Have a master's degree in nursing home administration or a
related health administration field. The master's program in which
the degree was obtained must have included an internship or residency
of at least 480 hours in a skilled nursing facility or intermediate
care facility.
(2) (A) With regard to applicants who have a current valid license
as a nursing home administrator in another state and apply for
licensure in this state, meet the minimum education requirements that
existed in this state at the time the applicant was originally
licensed in the other state.
(B) The minimum education requirements that have existed in
California are as follows:
Prior to 7/1/73 None
From 7/1/73 to 6/30/74 30 semester units
From 7/1/74 to 6/30/75 45 semester units
From 7/1/75 to 6/30/80 60 semester units
From 7/1/80 to present Baccalaureate degree
(3) A doctorate degree in medicine, a current valid license as a
physician and surgeon, and the completion of a program-approved AIT
Program of at least 1,000 hours.
(4) A baccalaureate degree, and the completion of a
program-approved AIT Program of at least 1,000 hours.
(5) Ten years of recent full-time work experience, and a current
license, as a licensed registered nurse, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory or director of nursing position.
(6) Ten years of full-time work experience in any department of a
skilled nursing facility, an intermediate care facility, or an
intermediate care facility developmentally/disabled with at least 60
semester units (or 90 quarter units) of college or university
courses, and the completion of a program-approved AIT Program of at
least 1,000 hours. At least the most recent five years of the 10
years of work experience shall be in a position as a department
manager.
(7) Ten years of full-time hospital administration experience in
an acute care hospital with at least 60 semester units (or 90 quarter
units) of college or university courses, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory position.
(b) An applicant for the licensing examination may obtain from the
department a waiver of the education requirements in subdivision (a)
if they meet the requirements of Section 1416.23.
(c) If the applicant and the preceptor provide compelling evidence
that previous work experience of the applicant directly relates to
nursing home administrator duties, the program may accept a waiver
exception to a portion of the AIT Program that requires 1,000 hours.
An applicant seeking a waiver of the educational requirements
pursuant to Section 1416.23 shall not be eligible for a waiver under
this subdivision.
(d) The applicant shall submit an official transcript that
evidences the completion of required college and university courses,
degrees, or both. An applicant who applies for the licensing
examination on the basis of work experience shall submit a
declaration signed under penalty of perjury, verifying his or her
work experience. This declaration shall be signed by a licensed
nursing home administrator, physician and surgeon, chief of staff,
director of nurses, or registered nurse who can attest to the
applicant's work experience.
1416.23. (a) Upon request of an applicant who is a member of a
church or religious denomination, recognized by the Internal Revenue
Service under Section 501(c)(3) of the Internal Revenue Code, that
owns and operates a faith-based skilled nursing facility in
California, and whose teachings historically prohibit the acquisition
of the formal education that would otherwise be required to qualify
for the AIT Program and the licensing examination, that applicant may
seek an educational waiver. That applicant shall be required to
possess at least an accredited high school diploma or proof of
successfully passing a General Educational Development (GED) test of
the American Council on Education or the California High School
Proficiency Examination, as well as 10 years of full-time work
experience in business, health, or rehabilitation fields, with at
least five of the 10 years of work experience in business, health, or
rehabilitation management or administration.
(b) The department may review the applicant's church's or
religious denomination's Internal Revenue Code 501(c)(3) application,
including attachments, the Internal Revenue Service's Letter of
Determination of tax-exempt status to the church or religious
denomination, and the church's or religious denomination's bylaws,
constitution, or member orientation information to confirm an
applicant's eligibility for the educational waiver. The applicant's
church or religious denomination shall provide the foregoing
information to the department for its review and processing of the
educational waiver application. The department shall accept notarized
copies of these documents.
(c) If the educational requirements are waived, the applicant
successfully completes the program-approved 1,000 hour AIT Program,
and is successful in passing the national and state licensing
examinations, the applicant may only serve as a nursing home
administrator in a facility that is owned and operated by the
applicant's church or religious denomination.
1416.24. (a) An application for a nursing home administrator
license shall be submitted to the program on a form provided by the
program, with the appropriate nonrefundable fee for any required
examination, the application, and licensure. The application shall
contain information the program deems necessary to determine the
applicant's qualifications and a statement whether the individual has
been convicted of any crime other than a minor traffic violation.
Each applicant shall meet the current requirements for any required
examination and licensure. Applicants for licensure shall submit
evidence of electronic transmission of fingerprints or fingerprint
cards to the program.
(b) A completed application package, together with the examination
application, and licensure fees must be received by the program at
least 30 days prior to the examination date.
(c) (1) The withdrawal of an application for a license after it
has been filed with the department shall not, unless the department
consents in writing to the withdrawal, deprive the department of its
authority to institute or continue a proceeding against the applicant
for the denial of the license upon any ground provided by law or to
enter an order denying the license upon that ground.
(2) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, the suspension, forfeiture, or
cancellation by order of the department or a court of law of a
license, or the surrender without the written consent of the
department of a license, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any grounds.
(d) An application that is submitted to the program is valid for
only one year after the date of receipt. An applicant who fails to
meet all requirements for licensure, including successfully passing
the national and state examinations during that one-year period,
shall be required to submit another application and appropriate
application and examination fees to the program before attempting
further examinations.
(e) The program may extend the one-year period described in
subdivision (d) upon a showing of good cause. For purposes of this
subdivision, good causes shall include, but shall not be limited to,
delays in the processing of the application, or delays in applying
for and taking the examination caused by illness, accident, or other
extenuating circumstances.
(f) An applicant shall submit documentation and evidence to the
program of his or her eligibility for licensure.
(g) At the time of the examination, the applicant shall read and
sign the Examination Security Agreement and comply with its terms.
1416.26. (a) As part of the application process for a nursing home
administrator license, an applicant shall electronically submit
fingerprint images and related information, for a criminal offender
record information search, to the Department of Justice and the
Federal Bureau of Investigation, through the Department of Justice.
The applicant shall provide proof of electronic transmission of his
or her fingerprint images and related information to the Department
of Justice and the Federal Bureau of Investigation. Upon receipt of
the fingerprint images and related information, the Department of
Justice shall notify the department with a state or federal level
criminal offender record information search response. If no state or
federal level criminal record information has been recorded, the
Department of Justice shall provide the department with a statement
of that fact.
(b) This criminal record clearance shall be completed prior to
issuing a license. Applicants shall be responsible for any costs
associated with the criminal record clearance. The fee to cover the
processing costs of the Department of Justice, not including the
costs associated with capturing or transmitting the fingerprint
images and related information, shall not exceed thirty-two dollars
($32) for a state level criminal offender record information search,
and shall not exceed twenty-four dollars ($24) for a federal level
criminal offender record information search.
1416.28. (a) Notwithstanding any other law, the program shall at
the time of application, issuance, or renewal of a nursing home
administrator license require that the applicant or licensee provide
his or her federal employer identification number or his or her
social security number.
(b) Any applicant or licensee failing to provide his or her
federal identification number or social security number shall be
reported by the program to the Franchise Tax Board and, if failing to
provide after notification pursuant to paragraph (1) of subdivision
(b) of Section 19528 of the Revenue and Taxation Code, shall be
subject to the penalty provided in paragraph (2) of subdivision (b)
of Section 19528 of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), the
program may not process any application, original license, or renewal
of a license unless the applicant or licensee provides his or her
federal employer identification number or social security number
where requested on the application.
(d) The program shall, upon request of the Franchise Tax Board,
furnish to the Franchise Tax Board the following information with
respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number or social security
number.
(4) Type of license.
(5) Effective date of license or renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.
(f) The program shall provide to the Franchise Tax Board the
information required by this section at a time that the Franchise Tax
Board may require.
(g) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the social security
number and federal employer identification number furnished pursuant
to this section shall not be deemed to be a public record and shall
not be open to the public for inspection.
(h) Any deputy, agent, clerk, officer, or employee of the program
described in this chapter, any former officer or employee, or other
individual who in the course of his or her employment or duty has or
has had access to the information required to be furnished under this
chapter, may not disclose or make known in any manner that
information, except as provided in this section to the Franchise Tax
Board or as provided in subdivision (j).
(i) It is the intent of the Legislature in enacting this section
to utilize the social security account number or federal employer
identification number for the purpose of establishing the
identification of persons affected by state tax laws and for purposes
of compliance with Section 17520 of the Family Code and, to that
end, the information furnished pursuant to this section shall be used
exclusively for those purposes.
(j) If the program utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between
California and the state requesting release of the social security
number, any deputy, agent, clerk, officer, or employee of the program
described in this chapter may release a social security number to an
examination or licensing entity, only for the purpose of
verification of licensure or examination status.
1416.30. (a) The program shall require compliance with any judgment
or order for support prior to issuance or renewal of a license.
(b) Each applicant for the issuance or renewal of a nursing home
administrator license, who is not in compliance with a judgment or
order for support shall be subject to Section 11350.6 of the Welfare
and Institutions Code.
(c) "Compliance with a judgment or order of support" has the same
meaning as specified in paragraph (4) of subdivision (a) of Section
11350.6 of the Welfare and Institutions Code.
1416.32. (a) Prior to admission to the licensing examination, the
applicant shall read and sign an examination security agreement and
comply with its terms.
(b) The program may deny, suspend, revoke, or otherwise restrict
the license of an applicant or a licensee for any of the following
acts:
(1) Having or attempting to have an impersonator take the
examination on one's behalf.
(2) Impersonating or attempting to impersonate another to take the
examination on that person's behalf.
(3) Communicating or attempting to communicate about the
examination content with another examinee or with any person other
than the examination staff. This includes divulging the content of
specific written examination items to examination preparation
providers.
(4) Copying questions or making notes of examination materials or
revealing the content of the examination to others who are preparing
to take the NHAP examination or who are preparing others to take such
examination.
(5) Obstructing or attempting to obstruct the administration of
the examination in any way.
(c) It is a misdemeanor for any person to engage in any conduct
that subverts or attempts to subvert any licensing examination or the
administration of an examination, including, but not limited to, the
following conduct:
(1) Conduct that violates the security of the examination
materials, removing from the examination room any examination
materials without authorization, the unauthorized reproduction by any
means of any portion of the actual licensing examination, aiding by
any means the unauthorized reproduction of any portion of the actual
licensing examination, paying or using professional or paid
examination-takers for the purpose of reconstructing any portion of
the licensing examination, obtaining examination questions or other
examination material, except by specific authorization either before,
during, or after an examination, using or purporting to use any
examination questions or materials that were improperly removed or
taken from any examination for the purpose of instructing or
preparing any applicant for examination, or selling, distributing,
buying, receiving, or having unauthorized possession of any portion
of a future, current, or previously administered licensing
examination.
(2) Communicating with any other candidate during the
administration of a licensing examination, copying answers from
another examinee or permitting one's answers to be copied by another
examinee, having in one's possession during the administration of the
licensing examination any books, equipment, notes, written or
printed materials, or data of any kind, other than the examination
materials distributed, or otherwise authorized to be in one's
possession during the examination, or impersonating any examinee or
having an impersonator take the licensing examination on one's
behalf.
(d) Nothing in this section shall preclude prosecution under the
authority provided for in any other provision of law.
(e) In addition to any other penalties, a person found guilty of
violating this section, shall be liable for the actual damages
sustained by the agency administering the examination not to exceed
ten thousand dollars ($10,000) and the costs of litigation.
(f) The proceedings under this section shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure.
(g) The remedy provided for by this section shall be in addition
to, and not a limitation on, the authority provided for in any other
provision of law.
1416.34. (a) (1) In order to have a passing score on either the
national or state examination, an examinee shall earn a score of at
least 75 percent.
(2) An applicant who fails to pass either the national or state
examination shall retake the entire national or state examination.
(3) An applicant who fails to pass either the state or national
examination after three attempts shall receive additional training as
outlined by the program from a program-approved preceptor, prior to
participating in another examination.
(b) The examination shall be administered and evaluated by either
of the following:
(1) The department.
(2) A contractor or vendor pursuant to a written agreement with
the program or department.
(c) The results of the examination shall be provided to each
applicant in a timely manner, not to exceed 90 days from the date of
the examination.
(d) The program shall issue a license to an applicant who
successfully passes the required examination and has satisfied all
other requirements for licensure.
(e) A license shall be effective for a period of two years from
the date of issuance.
(f) The program shall issue a provisional license to candidates
who meet the provisional licensure requirements established by this
chapter.
(g) The program shall replace a lost, damaged, or destroyed
license certificate upon receipt of a written request from a licensee
and payment of the duplicate license fee. A licensee shall complete
a request for a duplicate license on the required program form, and
then submit it to the program.
(h) A licensee shall inform the program of the licensee's current
home address, mailing address, and if employed by a nursing facility,
the name and address of that employer. A licensee shall report a
change in any of this information to the program within 30 calendar
days. Failure of the licensee to provide timely notice to the program
may result in a citation penalty. A licensee shall provide to the
program an address to be included in the public files.
(i) A licensee shall display his or her license and show to anyone
upon request in order to inform patients or the public as to the
identity of the regulatory agency that they may contact if they have
questions or complaints regarding the licensee.
1416.36. (a) The fees prescribed by this chapter are as follows:
(1) The application fee for reviewing an applicant's eligibility
to take the examination shall be twenty-five dollars ($25).
(2) The application fee for persons applying for reciprocity
consideration licensure under Section 1416.40 shall be fifty dollars
($50).
(3) The application fee for persons applying for the AIT Program
shall be one hundred dollars ($100).
(4) The examination fees shall be:
(A) Two hundred seventy-five dollars ($275) for an automated
national examination.
(B) Two hundred ten dollars ($210) for an automated state
examination or one hundred forty dollars ($140) for a written state
examination.
(5) The fee for an initial license shall be one hundred ninety
dollars ($190).
(6) The renewal fee for an active or inactive license shall be one
hundred ninety dollars ($190).
(7) The delinquency fee shall be fifty dollars ($50).
(8) The duplicate license fee shall be twenty-five dollars ($25).
(9) The fee for a provisional license shall be two hundred fifty
dollars ($250).
(10) The fee for endorsement of credentials to the licensing
authority of another state shall be twenty-five dollars ($25).
(11) The preceptor certification fee shall be fifty dollars ($50)
for each three-year period.
(12) The biennial fee for approval of a continuing education
provider shall be one hundred fifty dollars ($150).
(13) The biennial fee for approval of a continuing education
course shall be not more than fifteen dollars ($15).
(b) Commencing July 1, 2002, fees provided in this section shall
be adjusted annually, as directed by the Legislature in the annual
Budget Act. The proposed adjustment in the examination fees shall not
exceed the increase in the California Consumer Price Index, except
as provided in subdivision (d). The department shall provide an
annual fiscal year program fee report to the Legislature each April
1, commencing on April 1, 2002.
(c) The department shall, by July 30 of each year, publish a list
of actual numerical fee charges as adjusted pursuant to this section.
This adjustment of fees and the publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) If the revenue projected to be collected is less than the
projected costs for the budget year, the department may propose that
fees be adjusted by not more than twice the increase in the Consumer
Price Index.
1416.38. (a) The Nursing Home Administrator's State License
Examining Board Fund in the Professions and Vocations Fund in the
State Treasury is hereby renamed the Nursing Home Administrator's
State License Examining Fund and continued in existence in the State
Treasury.
(b) Within 10 days after the beginning of every month, all fees
collected by the program for the month preceding, under this chapter,
shall be paid into the Nursing Home Administrator's State License
Examining Fund.
(c) The funding paid into the Nursing Home Administrator's State
License Examining Fund shall be continuously appropriated to the
program for expenditures in the manner prescribed by law to defray
the expenses of the program and in carrying out and enforcing the
provisions of this chapter.
1416.40. (a) For purposes of this chapter, "reciprocity applicant"
means any applicant who holds a current license as a nursing home
administrator in another state has been licensed and in good
standing, has passed the national examination, and the applicant is
otherwise qualified.
(b) An applicant who holds a current valid license as a nursing
home administrator in another state may be issued a one-year
provisional license as a reciprocity applicant pursuant to this
section. The provisional license authorizes the holder to work in
this state at a licensed nursing facility during the one-year
licensure period.
(c) The applicant shall obtain an application form from the
program, complete the form accurately, and, under penalty of perjury,
certify the experience, education, and criminal record history
information supplied in the application. The applicant shall submit
the application to the program, along with any supporting documents
to substantiate the application and the applicable provisional,
examination, and licensure fees.
(d) The provisional license may be granted to a reciprocity
applicant who complies with all of the following informational
requirements:
(1) Provides a statement of health consistent with an ability to
perform the duties of a nursing home administrator.
(2) Discloses the fact of and the circumstances surrounding any of
the following:
(A) Conviction of any criminal law violation of any country,
state, or municipality, except minor traffic violations. The
applicant shall submit appropriate criminal record information for
purposes of this subparagraph.
(B) Any discipline affecting nursing home administrator licensure
in any state.
(C) Any pending investigations or disciplinary actions concerning,
or surrender of, nursing home administrator licensure in any state.
The applicant shall submit an endorsement certificate to verify state
licensure and substantiate if he or she has no pending
investigation, disciplinary action, or surrender under this
subparagraph.
(3) Submits official transcripts as evidence of completed college
or university courses and degrees.
(4) Provides satisfactory evidence of current or recent employment
experience within the last five years as a licensed nursing home
administrator.
(5) Submits proof that the applicant is at least 18 years of age.
(e) The reciprocity applicant who holds a provisional license as
authorized by this section shall be required to pass the state
examination. If the provisional licensee, fails to pass the state
examination within the one-year provisional licensure period, the
provisional license shall expire and no further reciprocity
accommodations shall be allowed. The provisional license may not be
renewed or extended. At the expiration of the provisional license the
applicant may seek licensure in this state through standard
procedures.
1416.42. (a) Except for provisional licenses issued pursuant to
Section 1416.40, each license issued pursuant to this chapter shall
expire 24 months from the date of issuance.
(b) To renew an unexpired license the licensee shall, at least 30
days prior to the expiration of the license, submit an application
for renewal on a form provided by the program, accompanied by the
renewal fee. An applicant may request either an active license or an
inactive license. If an applicant requests an active license, he or
she shall submit proof of completion of the required hours of
program-approved continuing education.
(c) A delinquency fee is payable for license renewals not received
by the program one day after the license expires.
(d) A license which has expired may be reinstated within three
years following the date of expiration. The licensee shall apply for
reinstatement on a form provided by the program and submit the
completed form together with the current fee for license renewal. If
the licensee requests an active license, he or she shall furnish
proof of completion of the required hours of continuing education.
The reinstatement shall be effective on the date that the completed
application, including required fees, is submitted and approved.
1416.44. (a) Notwithstanding any other provision of law, a licensee
who permitted his or her license to expire while serving in any
branch of the armed services of the United States during a period of
war, as defined in subdivision (e), may, upon application, reinstate
his or her license without examination or penalty if the following
conditions are met:
(1) His or her license was valid at the time he or she entered the
armed services.
(2) The application for reinstatement is made while serving in the
armed services, not later than one year from the date of discharge
from active service or return to inactive military status, or within
three years following the license date of expiration whichever is the
most recent time period.
(3) The application for reinstatement is accompanied by an
affidavit showing the date of entrance into the service, whether
still in the service or date of discharge, and the renewal fee for
the current renewal period in which the application is filed is paid.
(4) The application for reinstatement indicates no criminal
convictions while absent from the profession.
(b) If application for reinstatement is filed more than one year
after discharge or return to inactive status, the applicant, in the
discretion of the licensing program, may be required to pass an
examination and pay additional fees.
(c) Unless otherwise specifically provided by law, any licensee
who, either part time or full time, practices in this state the
nursing home administrator profession shall be required to maintain
his or her license in good standing even though he or she is in
military service.
(d) For the purposes in this section, time spent by a licensee in
receiving treatment or hospitalization in any veterans' facility
during which he or she is prevented from practicing his or her
profession or vocation shall be excluded in determining the periods
specified in paragraph (2) of subdivision (a).
(e) As used in this section, "war" means any of the following
circumstances:
(1) Whenever Congress has declared war and peace has not formally
been restored.
(2) Whenever the United States is engaged in active military
operations against any foreign power, whether or not war has been
formally declared.
(3) Whenever the United States is assisting the United Nations, in
actions involving the use of armed force, to restore international
peace and security.
1416.45. A licensee may not engage in licensed activity while his
or her license is suspended or revoked, or after it has expired.
1416.46. (a) A revoked license may not be renewed.
(b) A licensee whose license has been revoked may petition the
program for reinstatement after a period of not less than one year
has elapsed from the effective date of the decision or from the date
of the denial of a similar petition. The petitioner shall be afforded
an opportunity to present either oral or written argument before the
program. The program shall decide the petition and the decision
shall include the reasons therefor, and any terms and conditions that
the program reasonably deems appropriate to impose as a condition of
reinstatement.
1416.48. A licensee who does not intend to engage in activity
requiring nursing home administrator licensure may file a request to
place his or her license in inactive status. An inactive license is
subject to all requirements for renewal, including payment of fees,
but completion of continuing education is not required to renew an
inactive license. However, proof of completion of 40 continuing
education credits during the last two years shall be submitted
together with an application for reinstatement of an active license.
1416.50. (a) For purposes of this chapter, "continuing education"
means any course of study offered by an educational institution,
association, professional society, or organization for the purpose of
providing continuing education for nursing home administrators.
(b) This section shall govern the continuing education
requirements needed by a nursing home administrator to renew his or
her nursing home administrator license.
(c) In order to renew a license, the applicant shall provide
evidence satisfactory to the program that he or she has completed 40
hours of program-approved continuing education courses, of which at
least 10 total hours shall be specifically in the area of aging or
patient care.
(d) The continuing education courses to be approved for credit
toward the continuing education requirements may include the
following subject areas offered by accredited colleges, universities,
community colleges, or a training entity approved by the department.
(1) Resident care.
(2) Personnel management.
(3) Financial management.
(4) Environmental management.
(5) Regulatory management.
(6) Organizational management.
(7) Patient care and aging.
(e) No continuing education credit shall be allowed for courses
failed according to the institution's grading determination.
(f) If the program finds that programs of training and instruction
conducted within the state are not sufficient in number or content
to enable nursing home administrators to meet requirements
established by law and this chapter, the program may approve courses
conducted within and without this state as sufficient to meet
educational requirements established by law and this chapter. For the
purposes of this subdivision, the program shall have the authority
to receive funds in a manner consistent with the requirements of the
federal government.
1416.20. (a) The nursing home administrator licensing examination
shall cover the broad aspects of nursing home administration.
(b) Unless otherwise provided in this article, every applicant for
an initial license as a nursing home administrator shall pass a
nursing home administrator licensing examination, which shall consist
of a state and national examination. The state examination shall be
held at least four times a year, at a time and place determined by
the program. The national examination is computer-based and shall be
scheduled by the applicant after the applicant is notified by the
program of his or her eligibility to take the examination.
(c) If an applicant for licensure under this article, submits an
endorsement certificate from another state indicating that he or she
scored at least 75 percent on the national examination, the applicant
shall be required to take only the California state part of the
licensing examination. If the applicant scored less than 75 percent
on the national examination, he or she shall take both the state and
national examination.
1416.22. (a) To qualify for the licensing examination, an applicant
must be at least 18 years of age, be a citizen of the United States
or a legal resident, be of reputable and responsible character,
demonstrate an ability to comply with this chapter, and comply with
at least one of the following requirements:
(1) Have a master's degree in nursing home administration or a
related health administration field. The master's program in which
the degree was obtained must have included an internship or residency
of at least 480 hours in a skilled nursing facility or intermediate
care facility.
(2) (A) With regard to applicants who have a current valid license
as a nursing home administrator in another state and apply for
licensure in this state, meet the minimum education requirements that
existed in this state at the time the applicant was originally
licensed in the other state.
(B) The minimum education requirements that have existed in
California are as follows:
Prior to 7/1/73 None
From 7/1/73 to 6/30/74 30 semester units
From 7/1/74 to 6/30/75 45 semester units
From 7/1/75 to 6/30/80 60 semester units
From 7/1/80 to present Baccalaureate degree
(3) A doctorate degree in medicine, a current valid license as a
physician and surgeon, and the completion of a program-approved AIT
Program of at least 1,000 hours.
(4) A baccalaureate degree, and the completion of a
program-approved AIT Program of at least 1,000 hours.
(5) Ten years of recent full-time work experience, and a current
license, as a licensed registered nurse, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory or director of nursing position.
(6) Ten years of full-time work experience in any department of a
skilled nursing facility, an intermediate care facility, or an
intermediate care facility developmentally/disabled with at least 60
semester units (or 90 quarter units) of college or university
courses, and the completion of a program-approved AIT Program of at
least 1,000 hours. At least the most recent five years of the 10
years of work experience shall be in a position as a department
manager.
(7) Ten years of full-time hospital administration experience in
an acute care hospital with at least 60 semester units (or 90 quarter
units) of college or university courses, and the completion of a
program-approved AIT Program of at least 1,000 hours. At least the
most recent five years of the 10 years of work experience shall be in
a supervisory position.
(b) An applicant for the licensing examination may obtain from the
department a waiver of the education requirements in subdivision (a)
if they meet the requirements of Section 1416.23.
(c) If the applicant and the preceptor provide compelling evidence
that previous work experience of the applicant directly relates to
nursing home administrator duties, the program may accept a waiver
exception to a portion of the AIT Program that requires 1,000 hours.
An applicant seeking a waiver of the educational requirements
pursuant to Section 1416.23 shall not be eligible for a waiver under
this subdivision.
(d) The applicant shall submit an official transcript that
evidences the completion of required college and university courses,
degrees, or both. An applicant who applies for the licensing
examination on the basis of work experience shall submit a
declaration signed under penalty of perjury, verifying his or her
work experience. This declaration shall be signed by a licensed
nursing home administrator, physician and surgeon, chief of staff,
director of nurses, or registered nurse who can attest to the
applicant's work experience.
1416.23. (a) Upon request of an applicant who is a member of a
church or religious denomination, recognized by the Internal Revenue
Service under Section 501(c)(3) of the Internal Revenue Code, that
owns and operates a faith-based skilled nursing facility in
California, and whose teachings historically prohibit the acquisition
of the formal education that would otherwise be required to qualify
for the AIT Program and the licensing examination, that applicant may
seek an educational waiver. That applicant shall be required to
possess at least an accredited high school diploma or proof of
successfully passing a General Educational Development (GED) test of
the American Council on Education or the California High School
Proficiency Examination, as well as 10 years of full-time work
experience in business, health, or rehabilitation fields, with at
least five of the 10 years of work experience in business, health, or
rehabilitation management or administration.
(b) The department may review the applicant's church's or
religious denomination's Internal Revenue Code 501(c)(3) application,
including attachments, the Internal Revenue Service's Letter of
Determination of tax-exempt status to the church or religious
denomination, and the church's or religious denomination's bylaws,
constitution, or member orientation information to confirm an
applicant's eligibility for the educational waiver. The applicant's
church or religious denomination shall provide the foregoing
information to the department for its review and processing of the
educational waiver application. The department shall accept notarized
copies of these documents.
(c) If the educational requirements are waived, the applicant
successfully completes the program-approved 1,000 hour AIT Program,
and is successful in passing the national and state licensing
examinations, the applicant may only serve as a nursing home
administrator in a facility that is owned and operated by the
applicant's church or religious denomination.
1416.24. (a) An application for a nursing home administrator
license shall be submitted to the program on a form provided by the
program, with the appropriate nonrefundable fee for any required
examination, the application, and licensure. The application shall
contain information the program deems necessary to determine the
applicant's qualifications and a statement whether the individual has
been convicted of any crime other than a minor traffic violation.
Each applicant shall meet the current requirements for any required
examination and licensure. Applicants for licensure shall submit
evidence of electronic transmission of fingerprints or fingerprint
cards to the program.
(b) A completed application package, together with the examination
application, and licensure fees must be received by the program at
least 30 days prior to the examination date.
(c) (1) The withdrawal of an application for a license after it
has been filed with the department shall not, unless the department
consents in writing to the withdrawal, deprive the department of its
authority to institute or continue a proceeding against the applicant
for the denial of the license upon any ground provided by law or to
enter an order denying the license upon that ground.
(2) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, the suspension, forfeiture, or
cancellation by order of the department or a court of law of a
license, or the surrender without the written consent of the
department of a license, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any grounds.
(d) An application that is submitted to the program is valid for
only one year after the date of receipt. An applicant who fails to
meet all requirements for licensure, including successfully passing
the national and state examinations during that one-year period,
shall be required to submit another application and appropriate
application and examination fees to the program before attempting
further examinations.
(e) The program may extend the one-year period described in
subdivision (d) upon a showing of good cause. For purposes of this
subdivision, good causes shall include, but shall not be limited to,
delays in the processing of the application, or delays in applying
for and taking the examination caused by illness, accident, or other
extenuating circumstances.
(f) An applicant shall submit documentation and evidence to the
program of his or her eligibility for licensure.
(g) At the time of the examination, the applicant shall read and
sign the Examination Security Agreement and comply with its terms.
1416.26. (a) As part of the application process for a nursing home
administrator license, an applicant shall electronically submit
fingerprint images and related information, for a criminal offender
record information search, to the Department of Justice and the
Federal Bureau of Investigation, through the Department of Justice.
The applicant shall provide proof of electronic transmission of his
or her fingerprint images and related information to the Department
of Justice and the Federal Bureau of Investigation. Upon receipt of
the fingerprint images and related information, the Department of
Justice shall notify the department with a state or federal level
criminal offender record information search response. If no state or
federal level criminal record information has been recorded, the
Department of Justice shall provide the department with a statement
of that fact.
(b) This criminal record clearance shall be completed prior to
issuing a license. Applicants shall be responsible for any costs
associated with the criminal record clearance. The fee to cover the
processing costs of the Department of Justice, not including the
costs associated with capturing or transmitting the fingerprint
images and related information, shall not exceed thirty-two dollars
($32) for a state level criminal offender record information search,
and shall not exceed twenty-four dollars ($24) for a federal level
criminal offender record information search.
1416.28. (a) Notwithstanding any other law, the program shall at
the time of application, issuance, or renewal of a nursing home
administrator license require that the applicant or licensee provide
his or her federal employer identification number or his or her
social security number.
(b) Any applicant or licensee failing to provide his or her
federal identification number or social security number shall be
reported by the program to the Franchise Tax Board and, if failing to
provide after notification pursuant to paragraph (1) of subdivision
(b) of Section 19528 of the Revenue and Taxation Code, shall be
subject to the penalty provided in paragraph (2) of subdivision (b)
of Section 19528 of the Revenue and Taxation Code.
(c) In addition to the penalty specified in subdivision (b), the
program may not process any application, original license, or renewal
of a license unless the applicant or licensee provides his or her
federal employer identification number or social security number
where requested on the application.
(d) The program shall, upon request of the Franchise Tax Board,
furnish to the Franchise Tax Board the following information with
respect to every licensee:
(1) Name.
(2) Address or addresses of record.
(3) Federal employer identification number or social security
number.
(4) Type of license.
(5) Effective date of license or renewal.
(6) Expiration date of license.
(7) Whether license is active or inactive, if known.
(8) Whether license is new or a renewal.
(e) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.
(f) The program shall provide to the Franchise Tax Board the
information required by this section at a time that the Franchise Tax
Board may require.
(g) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the social security
number and federal employer identification number furnished pursuant
to this section shall not be deemed to be a public record and shall
not be open to the public for inspection.
(h) Any deputy, agent, clerk, officer, or employee of the program
described in this chapter, any former officer or employee, or other
individual who in the course of his or her employment or duty has or
has had access to the information required to be furnished under this
chapter, may not disclose or make known in any manner that
information, except as provided in this section to the Franchise Tax
Board or as provided in subdivision (j).
(i) It is the intent of the Legislature in enacting this section
to utilize the social security account number or federal employer
identification number for the purpose of establishing the
identification of persons affected by state tax laws and for purposes
of compliance with Section 17520 of the Family Code and, to that
end, the information furnished pursuant to this section shall be used
exclusively for those purposes.
(j) If the program utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between
California and the state requesting release of the social security
number, any deputy, agent, clerk, officer, or employee of the program
described in this chapter may release a social security number to an
examination or licensing entity, only for the purpose of
verification of licensure or examination status.
1416.30. (a) The program shall require compliance with any judgment
or order for support prior to issuance or renewal of a license.
(b) Each applicant for the issuance or renewal of a nursing home
administrator license, who is not in compliance with a judgment or
order for support shall be subject to Section 11350.6 of the Welfare
and Institutions Code.
(c) "Compliance with a judgment or order of support" has the same
meaning as specified in paragraph (4) of subdivision (a) of Section
11350.6 of the Welfare and Institutions Code.
1416.32. (a) Prior to admission to the licensing examination, the
applicant shall read and sign an examination security agreement and
comply with its terms.
(b) The program may deny, suspend, revoke, or otherwise restrict
the license of an applicant or a licensee for any of the following
acts:
(1) Having or attempting to have an impersonator take the
examination on one's behalf.
(2) Impersonating or attempting to impersonate another to take the
examination on that person's behalf.
(3) Communicating or attempting to communicate about the
examination content with another examinee or with any person other
than the examination staff. This includes divulging the content of
specific written examination items to examination preparation
providers.
(4) Copying questions or making notes of examination materials or
revealing the content of the examination to others who are preparing
to take the NHAP examination or who are preparing others to take such
examination.
(5) Obstructing or attempting to obstruct the administration of
the examination in any way.
(c) It is a misdemeanor for any person to engage in any conduct
that subverts or attempts to subvert any licensing examination or the
administration of an examination, including, but not limited to, the
following conduct:
(1) Conduct that violates the security of the examination
materials, removing from the examination room any examination
materials without authorization, the unauthorized reproduction by any
means of any portion of the actual licensing examination, aiding by
any means the unauthorized reproduction of any portion of the actual
licensing examination, paying or using professional or paid
examination-takers for the purpose of reconstructing any portion of
the licensing examination, obtaining examination questions or other
examination material, except by specific authorization either before,
during, or after an examination, using or purporting to use any
examination questions or materials that were improperly removed or
taken from any examination for the purpose of instructing or
preparing any applicant for examination, or selling, distributing,
buying, receiving, or having unauthorized possession of any portion
of a future, current, or previously administered licensing
examination.
(2) Communicating with any other candidate during the
administration of a licensing examination, copying answers from
another examinee or permitting one's answers to be copied by another
examinee, having in one's possession during the administration of the
licensing examination any books, equipment, notes, written or
printed materials, or data of any kind, other than the examination
materials distributed, or otherwise authorized to be in one's
possession during the examination, or impersonating any examinee or
having an impersonator take the licensing examination on one's
behalf.
(d) Nothing in this section shall preclude prosecution under the
authority provided for in any other provision of law.
(e) In addition to any other penalties, a person found guilty of
violating this section, shall be liable for the actual damages
sustained by the agency administering the examination not to exceed
ten thousand dollars ($10,000) and the costs of litigation.
(f) The proceedings under this section shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure.
(g) The remedy provided for by this section shall be in addition
to, and not a limitation on, the authority provided for in any other
provision of law.
1416.34. (a) (1) In order to have a passing score on either the
national or state examination, an examinee shall earn a score of at
least 75 percent.
(2) An applicant who fails to pass either the national or state
examination shall retake the entire national or state examination.
(3) An applicant who fails to pass either the state or national
examination after three attempts shall receive additional training as
outlined by the program from a program-approved preceptor, prior to
participating in another examination.
(b) The examination shall be administered and evaluated by either
of the following:
(1) The department.
(2) A contractor or vendor pursuant to a written agreement with
the program or department.
(c) The results of the examination shall be provided to each
applicant in a timely manner, not to exceed 90 days from the date of
the examination.
(d) The program shall issue a license to an applicant who
successfully passes the required examination and has satisfied all
other requirements for licensure.
(e) A license shall be effective for a period of two years from
the date of issuance.
(f) The program shall issue a provisional license to candidates
who meet the provisional licensure requirements established by this
chapter.
(g) The program shall replace a lost, damaged, or destroyed
license certificate upon receipt of a written request from a licensee
and payment of the duplicate license fee. A licensee shall complete
a request for a duplicate license on the required program form, and
then submit it to the program.
(h) A licensee shall inform the program of the licensee's current
home address, mailing address, and if employed by a nursing facility,
the name and address of that employer. A licensee shall report a
change in any of this information to the program within 30 calendar
days. Failure of the licensee to provide timely notice to the program
may result in a citation penalty. A licensee shall provide to the
program an address to be included in the public files.
(i) A licensee shall display his or her license and show to anyone
upon request in order to inform patients or the public as to the
identity of the regulatory agency that they may contact if they have
questions or complaints regarding the licensee.
1416.36. (a) The fees prescribed by this chapter are as follows:
(1) The application fee for reviewing an applicant's eligibility
to take the examination shall be twenty-five dollars ($25).
(2) The application fee for persons applying for reciprocity
consideration licensure under Section 1416.40 shall be fifty dollars
($50).
(3) The application fee for persons applying for the AIT Program
shall be one hundred dollars ($100).
(4) The examination fees shall be:
(A) Two hundred seventy-five dollars ($275) for an automated
national examination.
(B) Two hundred ten dollars ($210) for an automated state
examination or one hundred forty dollars ($140) for a written state
examination.
(5) The fee for an initial license shall be one hundred ninety
dollars ($190).
(6) The renewal fee for an active or inactive license shall be one
hundred ninety dollars ($190).
(7) The delinquency fee shall be fifty dollars ($50).
(8) The duplicate license fee shall be twenty-five dollars ($25).
(9) The fee for a provisional license shall be two hundred fifty
dollars ($250).
(10) The fee for endorsement of credentials to the licensing
authority of another state shall be twenty-five dollars ($25).
(11) The preceptor certification fee shall be fifty dollars ($50)
for each three-year period.
(12) The biennial fee for approval of a continuing education
provider shall be one hundred fifty dollars ($150).
(13) The biennial fee for approval of a continuing education
course shall be not more than fifteen dollars ($15).
(b) Commencing July 1, 2002, fees provided in this section shall
be adjusted annually, as directed by the Legislature in the annual
Budget Act. The proposed adjustment in the examination fees shall not
exceed the increase in the California Consumer Price Index, except
as provided in subdivision (d). The department shall provide an
annual fiscal year program fee report to the Legislature each April
1, commencing on April 1, 2002.
(c) The department shall, by July 30 of each year, publish a list
of actual numerical fee charges as adjusted pursuant to this section.
This adjustment of fees and the publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
(d) If the revenue projected to be collected is less than the
projected costs for the budget year, the department may propose that
fees be adjusted by not more than twice the increase in the Consumer
Price Index.
1416.38. (a) The Nursing Home Administrator's State License
Examining Board Fund in the Professions and Vocations Fund in the
State Treasury is hereby renamed the Nursing Home Administrator's
State License Examining Fund and continued in existence in the State
Treasury.
(b) Within 10 days after the beginning of every month, all fees
collected by the program for the month preceding, under this chapter,
shall be paid into the Nursing Home Administrator's State License
Examining Fund.
(c) The funding paid into the Nursing Home Administrator's State
License Examining Fund shall be continuously appropriated to the
program for expenditures in the manner prescribed by law to defray
the expenses of the program and in carrying out and enforcing the
provisions of this chapter.
1416.40. (a) For purposes of this chapter, "reciprocity applicant"
means any applicant who holds a current license as a nursing home
administrator in another state has been licensed and in good
standing, has passed the national examination, and the applicant is
otherwise qualified.
(b) An applicant who holds a current valid license as a nursing
home administrator in another state may be issued a one-year
provisional license as a reciprocity applicant pursuant to this
section. The provisional license authorizes the holder to work in
this state at a licensed nursing facility during the one-year
licensure period.
(c) The applicant shall obtain an application form from the
program, complete the form accurately, and, under penalty of perjury,
certify the experience, education, and criminal record history
information supplied in the application. The applicant shall submit
the application to the program, along with any supporting documents
to substantiate the application and the applicable provisional,
examination, and licensure fees.
(d) The provisional license may be granted to a reciprocity
applicant who complies with all of the following informational
requirements:
(1) Provides a statement of health consistent with an ability to
perform the duties of a nursing home administrator.
(2) Discloses the fact of and the circumstances surrounding any of
the following:
(A) Conviction of any criminal law violation of any country,
state, or municipality, except minor traffic violations. The
applicant shall submit appropriate criminal record information for
purposes of this subparagraph.
(B) Any discipline affecting nursing home administrator licensure
in any state.
(C) Any pending investigations or disciplinary actions concerning,
or surrender of, nursing home administrator licensure in any state.
The applicant shall submit an endorsement certificate to verify state
licensure and substantiate if he or she has no pending
investigation, disciplinary action, or surrender under this
subparagraph.
(3) Submits official transcripts as evidence of completed college
or university courses and degrees.
(4) Provides satisfactory evidence of current or recent employment
experience within the last five years as a licensed nursing home
administrator.
(5) Submits proof that the applicant is at least 18 years of age.
(e) The reciprocity applicant who holds a provisional license as
authorized by this section shall be required to pass the state
examination. If the provisional licensee, fails to pass the state
examination within the one-year provisional licensure period, the
provisional license shall expire and no further reciprocity
accommodations shall be allowed. The provisional license may not be
renewed or extended. At the expiration of the provisional license the
applicant may seek licensure in this state through standard
procedures.
1416.42. (a) Except for provisional licenses issued pursuant to
Section 1416.40, each license issued pursuant to this chapter shall
expire 24 months from the date of issuance.
(b) To renew an unexpired license the licensee shall, at least 30
days prior to the expiration of the license, submit an application
for renewal on a form provided by the program, accompanied by the
renewal fee. An applicant may request either an active license or an
inactive license. If an applicant requests an active license, he or
she shall submit proof of completion of the required hours of
program-approved continuing education.
(c) A delinquency fee is payable for license renewals not received
by the program one day after the license expires.
(d) A license which has expired may be reinstated within three
years following the date of expiration. The licensee shall apply for
reinstatement on a form provided by the program and submit the
completed form together with the current fee for license renewal. If
the licensee requests an active license, he or she shall furnish
proof of completion of the required hours of continuing education.
The reinstatement shall be effective on the date that the completed
application, including required fees, is submitted and approved.
1416.44. (a) Notwithstanding any other provision of law, a licensee
who permitted his or her license to expire while serving in any
branch of the armed services of the United States during a period of
war, as defined in subdivision (e), may, upon application, reinstate
his or her license without examination or penalty if the following
conditions are met:
(1) His or her license was valid at the time he or she entered the
armed services.
(2) The application for reinstatement is made while serving in the
armed services, not later than one year from the date of discharge
from active service or return to inactive military status, or within
three years following the license date of expiration whichever is the
most recent time period.
(3) The application for reinstatement is accompanied by an
affidavit showing the date of entrance into the service, whether
still in the service or date of discharge, and the renewal fee for
the current renewal period in which the application is filed is paid.
(4) The application for reinstatement indicates no criminal
convictions while absent from the profession.
(b) If application for reinstatement is filed more than one year
after discharge or return to inactive status, the applicant, in the
discretion of the licensing program, may be required to pass an
examination and pay additional fees.
(c) Unless otherwise specifically provided by law, any licensee
who, either part time or full time, practices in this state the
nursing home administrator profession shall be required to maintain
his or her license in good standing even though he or she is in
military service.
(d) For the purposes in this section, time spent by a licensee in
receiving treatment or hospitalization in any veterans' facility
during which he or she is prevented from practicing his or her
profession or vocation shall be excluded in determining the periods
specified in paragraph (2) of subdivision (a).
(e) As used in this section, "war" means any of the following
circumstances:
(1) Whenever Congress has declared war and peace has not formally
been restored.
(2) Whenever the United States is engaged in active military
operations against any foreign power, whether or not war has been
formally declared.
(3) Whenever the United States is assisting the United Nations, in
actions involving the use of armed force, to restore international
peace and security.
1416.45. A licensee may not engage in licensed activity while his
or her license is suspended or revoked, or after it has expired.
1416.46. (a) A revoked license may not be renewed.
(b) A licensee whose license has been revoked may petition the
program for reinstatement after a period of not less than one year
has elapsed from the effective date of the decision or from the date
of the denial of a similar petition. The petitioner shall be afforded
an opportunity to present either oral or written argument before the
program. The program shall decide the petition and the decision
shall include the reasons therefor, and any terms and conditions that
the program reasonably deems appropriate to impose as a condition of
reinstatement.
1416.48. A licensee who does not intend to engage in activity
requiring nursing home administrator licensure may file a request to
place his or her license in inactive status. An inactive license is
subject to all requirements for renewal, including payment of fees,
but completion of continuing education is not required to renew an
inactive license. However, proof of completion of 40 continuing
education credits during the last two years shall be submitted
together with an application for reinstatement of an active license.
1416.50. (a) For purposes of this chapter, "continuing education"
means any course of study offered by an educational institution,
association, professional society, or organization for the purpose of
providing continuing education for nursing home administrators.
(b) This section shall govern the continuing education
requirements needed by a nursing home administrator to renew his or
her nursing home administrator license.
(c) In order to renew a license, the applicant shall provide
evidence satisfactory to the program that he or she has completed 40
hours of program-approved continuing education courses, of which at
least 10 total hours shall be specifically in the area of aging or
patient care.
(d) The continuing education courses to be approved for credit
toward the continuing education requirements may include the
following subject areas offered by accredited colleges, universities,
community colleges, or a training entity approved by the department.
(1) Resident care.
(2) Personnel management.
(3) Financial management.
(4) Environmental management.
(5) Regulatory management.
(6) Organizational management.
(7) Patient care and aging.
(e) No continuing education credit shall be allowed for courses
failed according to the institution's grading determination.
(f) If the program finds that programs of training and instruction
conducted within the state are not sufficient in number or content
to enable nursing home administrators to meet requirements
established by law and this chapter, the program may approve courses
conducted within and without this state as sufficient to meet
educational requirements established by law and this chapter. For the
purposes of this subdivision, the program shall have the authority
to receive funds in a manner consistent with the requirements of the
federal government.
