LRB-0580/1
CTS:lmk&kjf:pg
2005 - 2006 LEGISLATURE
January 25, 2005 - Introduced by Representatives Wasserman, Townsend, Hines,
Berceau, Gielow, Grigsby, Lehman and Ott, cosponsored by Senator
Carpenter. Referred to Committee on Aging and Long-Term Care.
AB32,1,9
1An Act to repeal 456.04 (4);
to renumber 456.04 (1), 456.04 (2) and 456.04 (3);
2to renumber and amend 456.04 (intro.) (except 456.04 (title)) and 456.08;
to
3amend 456.02 (intro.), 456.02 (1), 456.02 (2), 456.02 (3), 456.02 (4), 456.02 (5),
4456.02 (6), 456.02 (7) and 456.09 (1) (c); and
to create 456.04 (1m) (d), 456.04
5(1m) (e), 456.04 (2m), 456.08 (1), (2), (3) and (4) and 456.12 of the statutes;
6relating to: the requirements for examinations for nursing home
7administrator licenses and for reciprocal nursing home administrator licenses,
8creating an exemption from such requirements, and granting rule-making
9authority.
Analysis by the Legislative Reference Bureau
This bill makes changes to current law regarding the following: 1) the
requirements for a nursing home administrator license; 2) the requirements for a
reciprocal nursing home administrator license that apply to persons licensed in other
states; and 3) the requirement to be licensed as a nursing home administrator.
Requirements for a nursing home administrator license. Under current
law, a person must pass an examination for a nursing home administrator license,
and a person may not take the examination until he or she has satisfied certain
educational requirements. Specifically, he or she must complete one of the following:
1) a regular course of study (regular course); 2) equivalent specialized courses; or 3)
a program of study that is considered adequate academic preparation for nursing
home administration (study program) by the Nursing Home Administrator
Examining Board (examining board). In addition, the examining board is required
to develop and enforce standards regarding the supervised practical experience that
is required for a person to be licensed as a nursing home administrator. A person may
satisfy the supervised practical experience requirements before or after taking the
examination.
This bill changes the requirements that a person must satisfy before taking the
nursing home administrator examination. Different requirements apply depending
on whether or not a person was enrolled in a regular course, specialized courses, or
a study program at any time during the 2-year period before the bill's effective date.
If a person was not enrolled in any of the foregoing, the bill requires that he or
she must satisfy certain education and supervised practical experience
requirements before he or she can take the examination. Regarding education, the
bill requires such a person to have either: 1) a bachelor's, master's, or doctoral degree
with a health care administration or long-term care major or 2) a bachelor's degree
and completion of a specialized course in nursing home administration. The bill
directs the examining board to promulgate rules establishing the supervised
practical experience requirements. The rules must require a person to complete at
least 2,000 hours in an internship, administrator-in-training program, or other
structured program before he or she can take the examination. The 2,000 hours must
be completed in any consecutive three-year period within the five-year period
immediately preceding the date of application for the examination.
As noted above, the bill creates different requirements for a person who was
enrolled in a regular course, specialized courses, or a study program at any time
during the 2-year period before the bill's effective date. The bill allows such a person
to take the examination, but only if, no later than 2 years after the bill's effective date,
he or she completes the regular course, specialized courses, or a study program. In
addition, persons who were enrolled in a regular course must complete a supervised
clinical practicum and persons who were enrolled in specialized courses or a study
program must complete one year of supervised practical experience. The supervised
clinical practicum or practical experience must be completed no later than 2 years
after the bill's effective date. In addition, the examining board must promulgate
rules specifying the supervised clinical practicum and practical experience that is
required.
Reciprocal licenses. Under current law, a person who has a nursing home
administrator license in another state is eligible for a reciprocal nursing home
administrator license if he or she satisfies certain requirements, including
submitting satisfactory evidence of the person's qualifications to the examining
board. This bill specifies the qualifications that a person must have to be eligible for
a reciprocal license. Under the bill, an applicant for such a license must have a
bachelor's degree or be certified as a nursing home administrator by the American
College of Health Care Administrators and must have practiced as a nursing home
administrator in good standing for at least 2,000 hours in any consecutive three-year
period within the five-year period immediately preceding the date of application for
the reciprocal license. Also, the applicant must not have an arrest or conviction
record of which the circumstances substantially relate to nursing home
administration. In addition, the person must pass an examination relating to state
and federal laws governing the practice of nursing home administration.
Exemption from licensure. Finally, current law prohibits a person from
practicing as a nursing home administrator unless he or she is licensed by the
examining board. This bill creates an exception for a nursing home administrator
of a nursing home that provides only nonmedical items and services exclusively to
patients who choose to rely solely upon a religious method of healing or for whom the
acceptance of medical health services would be inconsistent with their religious
beliefs.
For further information see the state fiscal estimate, which will be printed as
an appendix to this bill.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB32, s. 1
1Section
1. 456.02 (intro.) of the statutes is amended to read:
AB32,3,2
2456.02 Duties. (intro.) The examining board shall
do all of the following:
AB32, s. 2
3Section
2. 456.02 (1) of the statutes is amended to read:
AB32,3,104
456.02
(1) Develop, impose and enforce standards
which must be met by
5individuals that an individual is required to meet in order to receive a license as a
6nursing home administrator
, which. The standards shall be designed to
insure 7ensure that
a nursing home
administrators will be individuals who are 8administrator is of good character
and are, is otherwise suitable, and
who, by
9training or experience in the field of institutional administration,
are is qualified to
10serve as
a nursing home
administrators; administrator.
AB32, s. 3
11Section
3. 456.02 (2) of the statutes is amended to read:
AB32,4,3
1456.02
(2) Develop and apply appropriate techniques, including examinations
2and investigations, for determining whether an individual meets
such the 3standards
; under sub. (1).
AB32, s. 4
4Section
4. 456.02 (3) of the statutes is amended to read:
AB32,4,105
456.02
(3) Issue
licenses to individuals a license to an individual determined,
6after the application of
such the techniques
under sub. (2), to meet
such the 7standards
under sub. (1), and revoke or suspend
licenses a license previously granted
8by the examining board
in any case where if the individual holding
any such the 9license is determined substantially to have failed to conform to the requirements of
10such the standards
;
.
AB32, s. 5
11Section
5. 456.02 (4) of the statutes is amended to read:
AB32,4,1512
456.02
(4) Establish and carry out procedures designed to
insure ensure that
13individuals an individual licensed as
a nursing home
administrators
administrator 14will
, during any period that they serve as such, comply with the requirements of
such 15the standards
; under sub. (1).
AB32, s. 6
16Section
6. 456.02 (5) of the statutes is amended to read:
AB32,4,2117
456.02
(5) Subject to the rules promulgated under s. 440.03 (1), receive,
18investigate, and take appropriate action with respect to, any charge or complaint
19filed with the examining board to the effect that any individual licensed as a nursing
20home administrator has failed to comply with the requirements of
such the 21standards
; under sub. (1).
AB32, s. 7
22Section
7. 456.02 (6) of the statutes is amended to read:
AB32,5,323
456.02
(6) In cooperation with other agencies and appropriate organizations,
24conduct a continuing study of the practice of nursing home administration within the
25state with a view to the improvement of the standards imposed for the licensing of
1such nursing home administrators and of procedures and methods for the
2enforcement of
such the standards
under sub. (1) with respect to
nursing home 3administrators
of nursing homes who have been licensed
as such; under this chapter.
AB32, s. 8
4Section
8. 456.02 (7) of the statutes is amended to read:
AB32,5,135
456.02
(7) Develop and enforce standards for the Promulgate rules
6establishing supervised practical experience
to be required requirements that,
7except as provided in s. 456.04 (2m), an individual shall satisfy before being allowed
8to take an examination for licensure
; and as a nursing home administrator. Except
9as provided in s. 456.04 (2m), the rules shall require the individual to complete at
10least 2,000 hours in any consecutive 3-year period within the 5-year period
11immediately preceding the date of application for examination in an internship,
12administrator-in-training program, or any other structured program approved by
13the examining board.
AB32, s. 9
14Section
9. 456.04 (intro.) (except 456.04 (title)) of the statutes is renumbered
15456.04 (1m) (intro.) and amended to read:
AB32,5,1816
456.04
(1m) (intro.)
The Except as provided in sub. (2m), the examining board
17shall allow any person to take the examination for licensure as a nursing home
18administrator who satisfies all of the following requirements:
AB32, s. 10
19Section
10. 456.04 (1) of the statutes is renumbered 456.04 (1m) (a).
AB32, s. 11
20Section
11. 456.04 (1m) (d) of the statutes is created to read:
AB32,5,2121
456.04
(1m) (d) Has one of the following:
AB32,5,2322
1. A bachelor's, master's, or doctoral degree with a major in health care
23administration or long-term care from an accredited college or university.
AB32,6,3
12. A bachelor's degree in any field from an accredited college or university and
2completion of a specialized course that the examining board determines is adequate
3preparation for nursing home administration.
AB32, s. 12
4Section
12. 456.04 (1m) (e) of the statutes is created to read:
AB32,6,65
456.04
(1m) (e) Satisfies the supervised practical experience requirements
6specified in the rules promulgated under s. 456.02 (7).
AB32, s. 13
7Section
13. 456.04 (2) of the statutes is renumbered 456.04 (1m) (b).
AB32, s. 14
8Section
14. 456.04 (2m) of the statutes is created to read:
AB32,6,119
456.04
(2m) The examining board shall allow a person to take the examination
10for licensure as a nursing home administrator if he or she satisfies the requirements
11specified in sub. (1m) (a), (b), and (c) and all of the following are satisfied:
AB32,6,1612
(a) The person was enrolled, at any time within the 2-year period before the
13effective date of this paragraph .... [revisor inserts date], in a regular course of study
14or equivalent specialized courses or a program of study that the examining board
15considered adequate academic preparation for nursing home administration under
16s. 456.04 (4), 2003 stats.
AB32,6,1917
(b) No later than 2 years after the effective date of this paragraph .... [revisor
18inserts date], the person completes the regular course of study, specialized courses,
19or program of study specified in par. (a).
AB32,6,2520
(c) If the person was enrolled, at any time within the 2-year period before the
21effective date of this paragraph .... [revisor inserts date], in specialized courses or a
22program of study specified in par. (a), the person completes, no later than 2 years
23after the effective date of this paragraph .... [revisor inserts date], one year of
24supervised practical experience as specified in rules promulgated by the examining
25board.
AB32,7,5
1(d) If the person was enrolled, at any time within the 2-year period before the
2effective date of this paragraph .... [revisor inserts date], in a regular course of study
3specified in par. (a), the person completes, no later than 2 years after the effective
4date of this paragraph .... [revisor inserts date], a supervised clinical practicum as
5specified in rules promulgated by the examining board.
AB32, s. 15
6Section
15. 456.04 (3) of the statutes is renumbered 456.04 (1m) (c).
AB32, s. 16
7Section
16. 456.04 (4) of the statutes is repealed.
AB32, s. 17
8Section
17. 456.08 of the statutes is renumbered 456.08 (intro.) and amended
9to read:
AB32,7,15
10456.08 Reciprocity. (intro.) The examining board may grant a nursing home
11administrator license under this chapter to
a person
an applicant who holds a
12current nursing home administrator license issued by the proper authorities of any
13other state
or licensing jurisdiction, upon payment of the fee specified in s. 440.05 (2)
14and upon submission of
satisfactory evidence of the person's qualifications. evidence
15satisfactory to the examining board that the applicant satisfies each of the following:
AB32, s. 18
16Section
18. 456.08 (1), (2), (3) and (4) of the statutes are created to read:
AB32,7,1917
456.08
(1) The applicant has a bachelor's degree in any field or holds a current
18certification as a nursing home administrator granted by the American College of
19Health Care Administrators.
AB32,7,22
20(2) The applicant has practiced as a nursing home administrator in good
21standing for at least 2,000 hours in any consecutive 3-year period within the 5-year
22period immediately preceding the date of application.
AB32,7,24
23(3) Subject to ss. 111.321, 111.322, and 111.335, the applicant does not have an
24arrest or conviction record.
AB32,8,3
1(4) The applicant has passed an examination approved by the examining board
2relating to state and federal laws governing the practice of nursing home
3administration.
AB32, s. 19
4Section
19. 456.09 (1) (c) of the statutes is amended to read:
AB32,8,85
456.09
(1) (c)
Practice Except as provided in s. 456.12, practice as a nursing
6home administrator or use in connection with his or her name any
title or designation
7tending to imply that the person is a nursing home administrator unless duly
8licensed and registered to so practice under this chapter; or
AB32, s. 20
9Section
20. 456.12 of the statutes is created to read: