STATE OF WISCONSIN
Nursing Home Administrators Examining Board
IN THE MATTER OF RULEMAKING PROCEEDINGS BEFORE THE
NURSING HOME ADMINISTRATORS EXAMINING BOARD
PROPOSED ORDER OF THE NURSING HOME ADMINISTRATORS EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE )
PROPOSED ORDER
An order of the Nursing Home Administrators Examining Board to repeal NHA 4.01 (1) (c) and (2) and 4.02 (2) (b) 1. and 2.; to renumber and amend NHA 2.02 (4), 3.03 (4), 4.02 (2) (b) (intro.), and 4.03; to amend NHA 1.01, 1.02 (intro.), (2) (intro.), (a) (intro.) and 1. to 4., (b) (intro.) and 1. to 6., (c) (intro.) and 1. to 8., (d) (intro.) and 1. to 8., and (e), (3), (3m), (5m) (intro.) and (a) to (f), (6) (intro.) and (a) to (d), (7), and (8) (intro.), 2.02 (intro.), (3), and (Note), 2.04 (1) and (2), 2.05, 3.01 (1), (Note), (2), (3), and (4), 3.02 (Note), (4), and (6) (intro.), 3.03 (1) (intro.) and (Note) and (4) (Note), 4.01 (title) and (1) (intro.), (a), (b), (Note), (d) (intro.), 2., and 3., and (e), 4.02 (1) (intro.), (a), and (b), (2) (intro.) and (a) 1. to 4., and (3) (a) (intro.), 1., and 3., (b), and (c); to repeal and recreate NHA 2.01; and to create NHA 3.03 (4) (a) to (e), 4.01 (1) (d) 4., and 4.015 (5); relating to requirements for licensure, examinations, and approval of educational programs.
Analysis prepared by the Department of Safety and Professional Services.
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ANALYSIS
Statutes interpreted:
None.
Statutory authority:
Explanation of agency authority:
Section 15.08 (5) (b), Stats., provides an examining board “shall promulgate rules for its own guidance and for the guidance of the trade or profession to which it pertains. . .” Section 456.02 (7), Stats., provides the Nursing Home Administrators Examining Board shall “[d]evelop and enforce standards for the supervised practical experience to be required for licensure.” Section 456.03 (4), Stats., provides an applicant for a license as a nursing home administrator shall complete “a regular course of study or equivalent specialized courses or a program of study which the examining board considers adequate academic preparation for nursing home administration.” Section 456.05 (intro.), Stats., provides “[t]he examining board shall determine the subjects of examination for applicants for licensure as nursing home administrators, and the scope, content and format of such examinations.” Section 456.08, Stats., provides “[t]he examining board may grant a nursing home administrator license under this chapter to a person who holds a nursing home administrator license issued by the proper authorities of any other state, upon payment of the fee specified in s. 440.05 (2) and upon submission of satisfactory evidence of the person's qualifications.” Related statute or rule:
None.
Plain language analysis:
The Nursing Home Administrators Examining Board conducted a comprehensive evaluation and update of chs. NHA 1 to 4 to ensure its rules relating to requirements for licensure, examinations, and approval of educational programs are consistent with current professional, academic, licensing, and examination practices and standards and applicable Wisconsin statutes. As a result, the following updates have been made: - Section NHA 2.01 is revised to reflect a change in July 2017 to the structure of the national examination administered by NAB. The examination for nursing home administrators now consists of 2 parts, the Core of Knowledge Examination for Long Term Care Administrators and the National Nursing Home Administrators Line of Service Examination. - Sections NHA 4.01 (1) (b) and (d) 4.03 (1) are revised to allow active certification as a health services executive granted by NAB to satisfy an applicant’s education, experience, and national examination requirements for licensure. An applicant with NAB certification is still required to pass an examination on laws and administrative rules of this state governing nursing home administration. - Section NHA 3.02 (4) is revised to comply with s. 440.03 (4m), Stats., as created by 2017 Wisconsin Act 59. Under this provision, the Board may require a credential holder to submit proof of completing continuing education programs or courses only if a complaint is made against the credential holder. - Other provisions throughout chs. NHA 1 to 4 have been revised to update notes, provide clarity, and conform to current drafting standards. Summary of, and comparison with, existing or proposed federal regulation:
42 USC § 1396a provides requirements state medical assistance plans must meet to be eligible for federal grants, including a requirement that states have a program for licensing nursing home administrators. Under 42 USC § 1396g (c) (1) to (6), a state agency or board that licenses nursing home administrators is required to:
- “Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators.”
- “Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards.”
- “Issue licenses to individuals determined, after the application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards.”
- “Establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards.”
- “Receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards.”
