CHAPTER 1. REGULATION OF HEALTH FACILITY ADMINISTRATORS . CREATION OF BOARD
IC 25-19
ARTICLE 19. HEALTH FACILITYADMINISTRATORS
IC 25-19-1
Chapter 1. Regulation of Health Facility Administrators .Creation of Board
IC 25-19-1-1
Definitions
Sec. 1. (a) As used in this chapter, "board" refers to the Indianastate board of health facility administrators.
(b) As used in this chapter, "health facility administrator" meansa natural person who administers, manages, supervises, or is ingeneral administrative charge of a licensed health facility whethersuch individual has an ownership interest in the health facility andwhether the person's functions and duties are shared with one (1) ormore individuals.
(c) As used in this chapter, "health facility" means any institutionor facility defined as such for licensing under IC 16-28 and classifiedinto care categories by rules adopted under IC 16-28.
(Formerly: Acts 1969, c.84, s.1; Acts 1971, P.L.374, SEC.1.) Asamended by Acts 1982, P.L.29, SEC.5; P.L.149-1987, SEC.38;P.L.2-1993, SEC.139.
IC 25-19-1-2
State board of health facility administrators
Sec. 2. (a) There is created the Indiana state board of healthfacility administrators composed of thirteen (13) members asfollows:
(1) The state health commissioner or the commissioner'sdesignee.
(2) The director of the division of family resources or thedirector's designee.
(3) The state long term care ombudsman or the state long termcare ombudsman's designee.
(4) The chief administrative officer of the Indiana Universitymedical center at Indianapolis or the chief administrativeofficer's designee.
(5) One (1) member of the medical profession holding anunlimited license to practice medicine in Indiana.
(6) Four (4) administrators of licensed proprietary healthfacilities.
(7) Two (2) administrators of licensed nonproprietary healthfacilities.
(8) Two (2) members representing the public at large, who:
(A) are residents of Indiana; and
(B) have never been associated with health facility servicesor administration in any way other than as a resident or a
family member of a resident of a health facility.
(b) Those members of the board other than the representatives ofstate agencies and institutions shall be appointed by the governorafter consultation with the associations and societies appropriate tothe disciplines and professions representative of the position to befilled. The original and all subsequent physician and hospitaladministrator appointments shall be for terms of four (4) years. Allappointments shall be for four (4) year terms, except that in case ofa vacancy prior to term completion, the appointment shall be for theremainder of the unexpired term. Any vacancy, either prior to or atterm completion, shall be filled by the governor after consultationwith the associations and societies appropriate to the discipline orprofessions representative of the vacancy. In all cases, the appointeesshall serve until their successors are appointed and qualified.
(c) The governor may remove any member of the board other thanthe representative of a state agency or institution for misconduct,incapacity, incompetence, or neglect of duty after the member hasbeen served with a written statement of charges and has been givenan opportunity to be heard. Designated representatives of the stateagencies or institutions may be removed by the original appointingauthority for any of those causes.
(Formerly: Acts 1969, c.84, s.2.) As amended by Acts 1981, P.L.222,SEC.136; P.L.149-1987, SEC.39; P.L.2-1992, SEC.775;P.L.43-1998, SEC.1; P.L.145-2006, SEC.161; P.L.105-2008,SEC.33.
IC 25-19-1-3
Qualifications for license; examination
Sec. 3. (a) The board may issue licenses to qualified persons ashealth facility administrators and shall establish qualification criteriafor health facility administrators. The board shall adopt rulesestablishing standards for the competent practice of a health facilityadministrator. A person who applies to the board to practice as ahealth facility administrator must:
(1) not have been convicted of a crime that has a direct bearingon the person's ability to practice competently;
(2) have:
(A) satisfactorily completed a course of instruction andtraining prescribed by the board, which course shall be sodesigned as to content and so administered as to presentsufficient knowledge of the needs properly to be served byhealth facilities, laws governing the operation of healthfacilities and the protection of the interests of patientstherein, and the elements of good health facilitiesadministration; or
(B) presented evidence satisfactory to the board of sufficienteducation, training, or experience in the foregoing fields toadminister, supervise, and manage a health facility; and
(3) have passed an examination administered by the board anddesigned to test for competence in the subject matter referred to
in subdivision (2).
(b) The board may issue a provisional license for a single periodnot to exceed six (6) months for the purpose of enabling a qualifiedindividual to fill a health facility administrator position that has beenunexpectedly vacated. Before an individual is issued a provisionallicense, the individual must fulfill the requirements in subdivision(a)(1) in addition to complying with other standards and rulesestablished by the board.
(Formerly: Acts 1969, c.84, s.3; Acts 1973, P.L.252, SEC.9.) Asamended by Acts 1978, P.L.128, SEC.1; Acts 1981, P.L.222,SEC.137; Acts 1982, P.L.113, SEC.53; P.L.149-1987, SEC.40;P.L.152-1988, SEC.11; P.L.33-1993, SEC.26.
IC 25-19-1-3.5
Temporary permit; issuance; conditions
Sec. 3.5. (a) The board may issue a temporary permit to practiceas a health facility administrator to a person who:
(1) has applied to the board for a license to practice as a healthfacility administrator;
(2) has a current license as a health facility administrator inanother state;
(3) has met the educational requirements of the board;
(4) has completed a board approved training program or boarddetermined equivalent; and
(5) has successfully completed the national examination with ascore equivalent to the score required by this state.
(b) The board may substitute for the requirements in subsection(a)(3) or (a)(4) the experience of a person as a licensed health facilityadministrator in another state.
(c) A temporary permit issued under this section expires upon:
(1) the issuance of a license to the holder of the temporarypermit; or
(2) the receipt by the holder of the temporary permit of noticefrom the board that the holder of the temporary permit hasfailed the required examination for licensure.
(d) A person holding a temporary permit to practice as a healthfacility administrator is subject to the disciplinary provisions of thischapter.
(e) The board may establish, by rules adopted under IC 4-22-2 andIC 25-19-1-4, application procedures and requirements for theissuance of temporary permits under this section.
As added by P.L.149-1987, SEC.41.
IC 25-19-1-4
Rules for licensure; cancellation, suspension, or revocation oflicense
Sec. 4. The board shall license health facility administrators inaccordance with rules issued and from time to time revised by it. Ahealth facility administrator's license shall not be transferable andshall be valid until surrendered for cancellation or suspended or
revoked for violation of this chapter or any other laws or rulesrelating to the proper administration and management of a healthfacility. Any denial of issuance or renewal, suspension, or revocationunder any section of this chapter shall be appealable upon the timelyrequest of the applicant or licensee and pursuant to IC 4-21.5.
(Formerly: Acts 1969, c.84, s.4.) As amended by Acts 1982, P.L.154,SEC.76; P.L.7-1987, SEC.124.
IC 25-19-1-5
Classification as comprehensive health facilities and residentialhealth facilities; administrator's license; fee
Sec. 5. (a) The Indiana health facilities council, pursuant toauthority provided by IC 16-28, has, by rule duly promulgated,classified health facilities into comprehensive health facilities andresidential health facilities. The fee for a health facilityadministrator's license in either classification shall be set by theboard under section 8 of this chapter.
(b) Such fee and application shall be submitted to the board, andthe board shall transmit all such funds so received to the treasurer ofstate to be deposited by him in the general fund of the state. Allexpenses incurred in the administration of this chapter shall be paidfrom the general fund upon appropriation being made therefor in themanner provided by law for making such appropriations.
(c) The administrator of a comprehensive care facility must havea comprehensive care facility administrator license issued by theboard in accordance with rules adopted under section 8 of thischapter.
(d) The administrator of a residential care facility must have one(1) of the following licenses issued by the board under rules adoptedunder section 8 of this chapter:
(1) A comprehensive care facility administrator license.
(2) A residential care facility administrator license.
(Formerly: Acts 1969, c.84, s.5; Acts 1971, P.L.374, SEC.2; Acts1975, P.L.270, SEC.1.) As amended by Acts 1976, P.L.119, SEC.16;Acts 1982, P.L.29, SEC.6; P.L.169-1985, SEC.59; P.L.2-1993,SEC.140; P.L.54-2007, SEC.1.
IC 25-19-1-5.1
Fee; payment
Sec. 5.1. Notwithstanding section 5 of this chapter, the fee for ahealth facility administrator's license shall be submitted to theIndiana professional licensing agency for it to transmit to the statetreasurer.
As added by Acts 1981, P.L.222, SEC.138. Amended byP.L.169-1985, SEC.60; P.L.1-2006, SEC.438.
IC 25-19-1-6
Organization and government of board; compensation; expenses;employees
Sec. 6. (a) The board shall elect from its membership annually a
chairperson and vice chairperson and shall adopt rules to govern itsproceedings.
(b) Each member of the board who is not a state employee isentitled to the minimum salary per diem provided byIC 4-10-11-2.1(b). Such a member is also entitled to reimbursementfor traveling expenses and other expenses actually incurred inconnection with the member's duties, as provided in the state travelpolicies and procedures established by the department ofadministration and approved by the state budget agency.
(c) The Indiana professional licensing agency shall supplynecessary personnel to assist the board in the performance of itsduties.
(d) Seven (7) members of the board constitute a quorum forconsideration of all matters before the board. A majority vote of thequorum is required for action of the board.
(Formerly: Acts 1969, c.84, s.6.) As amended by Acts 1981, P.L.222,SEC.139; P.L.169-1985, SEC.61; P.L.149-1987, SEC.42;P.L.28-1999, SEC.1; P.L.1-2006, SEC.439; P.L.105-2008, SEC.34.
IC 25-19-1-7
Determination of qualifications for license
Sec. 7. The Board shall have sole and exclusive authority todetermine the qualifications, skill and fitness of any person to serveas an administrator of a health facility under the provisions of thischapter, and the holder of a license under the provisions of thischapter, shall be deemed qualified to serve as the administrator ofthat type of health facility for which he is licensed.
In carrying out its responsibilities under this chapter, The Boardmay seek the advice of various disciplines, agencies, institutions andindividuals having an interest in long-term care.
(Formerly: Acts 1969, c.84, s.7; Acts 1971, P.L.374, SEC.3.)
IC 25-19-1-8
Powers and duties of the board
Sec. 8. The board shall do the following:
(1) Adopt rules establishing:
(A) standards for the competent practice of a health facilityadministrator; and
(B) separate education, experience, and trainingrequirements for licensure in each of the followingclassifications described in section 5 of this chapter:
(i) Comprehensive health facility administrator.
(ii) Residential health facility administrator.
(2) Develop and apply appropriate techniques, includingexamination and investigations, for determining whether anindividual meets the standards.
(3) Issue licenses to individuals determined, after application ofthe appropriate criteria, to meet the standards, and for cause,after due notice and hearing, impose sanctions under IC 25-1-9,including placing the licensee on probation and revoking or
suspending licenses previously issued by the board in any casewhere the individual holding the license is determinedsubstantially to have failed to conform to the requirements ofthe standards.
(4) Establish and carry out the procedures designed to ensurethat individuals licensed as health facility administrators will,during any period that they serve as such, comply with therequirements of the standards.
(5) Subject to IC 25-1-7, receive, investigate, and takeappropriate action under IC 25-1-9 with respect to, andincluding probation, suspension, or the revocation of a licenseif necessary after due notice and hearing and for cause, anycharge or complaint filed with the board to the effect that anyindividual licensed as a health facility administrator has failedto comply with the requirements of the standards.
(6) Conduct a continuing study and investigation of healthfacilities and administrators of health facilities in the state toimprove the standards imposed for the licensing of theadministrators and of procedures and methods for theenforcement of the standards with respect to licensed healthfacility administrators.
(7) Conduct, or cause to be conducted, one (1) or more coursesof instruction and training sufficient to meet the requirementsof this chapter, and shall make provisions for the courses andtheir accessibility to residents of this state unless it finds andapproves a sufficient number of courses conducted by otherswithin this state. The board may approve courses conducted inor outside this state sufficient to meet the education and trainingrequirements of this chapter.
(8) Take other actions, not inconsistent with law, includingestablishing and approving requirements for continuingprofessional education for licensure renewal, making provisionsfor accepting and disbursing funds for educational purposes, asmay be necessary to enable the state to meet the requirementsset forth in Section 1908 of the Social Security Act (42 U.S.C.1396g), the federal regulations adopted under that law, andother pertinent federal authority, and designing any other actionto improve the professional competence of licensees.
(Formerly: Acts 1969, c.84, s.8; Acts 1975, P.L.270, SEC.2.) Asamended by Acts 1977, P.L.172, SEC.25; Acts 1981, P.L.222,SEC.140; P.L.149-1987, SEC.43; P.L.152-1988, SEC.12;P.L.54-2007, SEC.2.
IC 25-19-1-9
Renewal of license; failure to renew
Sec. 9. (a) Every holder of a health facility administrator's licenseshall renew the license on the date established by the licensingagency under IC 25-1-5-4. The renewals shall be granted as a matterof course, unless the board finds, after due notice and hearing, thatthe applicant has acted or failed to act in a manner or under
circumstances that would constitute grounds for nonrenewal,suspension, or revocation of a license.
(b) A health facility administrator's license expires at midnight onthe renewal date specified by the Indiana professional licensingagency. Failure to renew a license on or before the renewal dateautomatically renders the license invalid.
(c) A person who fails to renew a license before it expires andbecomes invalid at midnight of the renewal date shall be reinstatedby the board if the person applies for reinstatement not later thanthree (3) years after the expiration of the license and meets therequirements under IC 25-1-8-6(c).
(d) The board may reinstate a person who applies to reinstate alicense under this section more than three (3) years after the date thelicense expires and becomes invalid if the person applies to the boardfor reinstatement and meets the requirements for reinstatementestablished by the board under IC 25-1-8-6(d).
(e) The board may require an applicant under subsection (d) toappear before the board to explain the applicant's failure to renew.
(Formerly: Acts 1969, c.84, s.9; Acts 1975, P.L.270, SEC.3.) Asamended by P.L.149-1987, SEC.44; P.L.48-1991, SEC.32;P.L.269-2001, SEC.14; P.L.1-2006, SEC.440; P.L.105-2008,SEC.35.
IC 25-19-1-10
License by reciprocity; requirements
Sec. 10. (a) The board may issue a health facility administrator'slicense to any person who holds a current comparable license fromanother jurisdiction, if the board finds that the applicant has:
(1) met the educational requirements of the board;
(2) completed a board approved training program or boarddetermined equivalent;
(3) successfully completed the national examination with ascore equivalent to the score required by this state; and
(4) successfully completed the state examination conducted bythe board.
(b) The board may substitute for the requirements in subsection(a)(1) or (a)(2) the experience of a person as a licensed health facilityadministrator in another state.
(Formerly: Acts 1969, c.84, s.10.) As amended by P.L.149-1987,SEC.45; P.L.33-1993, SEC.27.
IC 25-19-1-11
Necessity of license; violations
Sec. 11. No health facility may operate unless it is under thesupervision of an administrator who holds a currently valid healthfacility administrator's license, provisional license, or temporarypermit issued under this chapter. No person may practice or offer topractice health facility administration or use any title, sign, card, ordevice to indicate that the person is a health facility administrator,unless the person has been duly licensed as a health facility
administrator or provisional health facility administrator. A personwho violates this section commits a Class C infraction, and each dayof continuing violation after entry of judgment constitutes a separateinfraction.
(Formerly: Acts 1969, c.84, s.11.) As amended by Acts 1978, P.L.2,SEC.2537; P.L.149-1987, SEC.46.
IC 25-19-1-12
Approval and promulgation of rules and regulations
Sec. 12. All rules and regulations authorized by this chapter, tobecome effective, shall be first approved by the board and thenpromulgated in the manner provided by law for the promulgation ofrules and regulations of administrative bodies and when sopromulgated shall be the only rules and regulations governing thelicensing of health facility administrators as defined in this chapter,in the state.
(Formerly: Acts 1969, c.84, s.12.) As amended by Acts 1982,P.L.154, SEC.77.
IC 25-19-1-13
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-19-1-14
Injunction from continuing violation of chapter; punishment
Sec. 14. The attorney general, the board, or the prosecutingattorney or a citizen of any county in which a person is in violationof this chapter may bring an action in the name of the state to enjointhe person from continuing in violation of this chapter. A person whois enjoined and who violates the injunction shall be punished forcontempt of court. An injunction issued under this section does notrelieve any person from criminal prosecution.
As added by P.L.149-1987, SEC.48.