PROPOSED ORDER
Analysis prepared by the Department of
Safety and Professional Services
.
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ANALYSIS
Statutes interpreted:
Statutory authority:
Explanation of agency authority:
The Nursing Home Administrato
r
Examining Board is generally empowered by ss.
15.08 (5) (b)
and
227.11 (2) (a)
, Stats., to promulgate rules that will provide guidance within the profession and interpre
t the statutes it administers.
2013 Wisconsin Act 114
provides
that
neither the Department
,
n
or any of its attached boards
,
may require
applicants for licensure to complete
their
post-secondary
education before being eligible to take their licensure exam. This
legislation
prom
p
ted the Nursing Home
Administrator
Examining Board to exercise its rule-making authority to amend per
tinent sections of
Wis. Admin.
Code ch.
NHA 1
to
5
in order to give guidance within the profession
related
to entrance to examinations.
Related statute or rule:
Wis. Admin. Code chs.
NHA
2
and
4
Plain language analysis:
These rules address
changes
instituted by the passage of
2013 Wisconsin Act 114
.
The Act
requires the Department and its attached boards to allow applicants for licensure
to take their credentialing examination before completing any post-secondary education
, program
of study
,
or specialized courses.
These proposed
rules
carryout the legislative intent by amending Wis. Admin.
Code
chs.
NHA 2
and
4
.
These
rules also address the
reinstatement
of a license
by adding the term to Wis. Admin. Code s.
NHA 4.02
.
The new provision
sets forth what applicants should do to reinstate a
suspended
or revoked license with unmet disciplinary
requirements
.
SECTION 1.
deletes the provision requiring education as a prerequisite to sit for the examination.
SECTION 2.
amends a provision by removing language
referring
to the administration of an examination.
SECTION 3
.
amends the first note under
s.
NHA 2.02 (4)
by updating where applicants can
receive
applications.
SECTION 4.
repeals the second note under
s.
NHA 2.02 (4)
and the provision regarding examination
requirements
.
SECTION 5.
amends the first note under
s.
NHA 4.01 (1) (
c)
by updating where applicants can
receive
applications and adds education as a
perquisite
for licensure.
SECTION 7. creates
new educational
requirements
for licensure.
SECTION 8
.
updates citations regarding fees that accompany applications.
SECTION 9
.
sets forth the requirements for reinstatement of a license.
Summary of, and comparison with, existing or proposed federal regulation:
42 USCS § 1396g sets forth the federal requirements for licensure of nursing home administrators.
The statute states it is the function and duty of state agencies to, “develop, impose, and enforce standards which must be met by
individuals
in order to receive a license as a nursing home administrator…”
42 USCS § 1396g (c
) (
1). Th
is proposed rule institutes a new standard with regard to
nursing
home administrator examination
requirements
. By instituting this new standard, the Nursing Home Administrator Examining Board is in line
with 42
USCS § 1396g (c
) (
1) which allows state
agencies
to regulate licensed nursing home administrators.
Comparison with rules in adjacent states:
Illinois
:
Nursing Home administrators are r
egulated by the Illinois Department of
Financial
and Professional Regulation
via the Nursing Home Administrators Licensing and Disciplinary Act
,
225 ILCS 70
.
Illinois
requires applicants for a license as a nursing home administrator to be either a graduate o
f a college or university or to have
completed a course of instruction regarding the operation of nursing homes that is approved by the Department. 225 ILCS 70/8 (e).
Iowa
:
Nursing home administrators in Iowa are regulated by the Iowa
B
oard of Nursing Home Administrators in the Bureau of Professional Licensure in the Iowa Department of
Public Health. Applicants must take the approved national examination to be eligible for licensure.
645 IAC 141.2.
Michigan
:
Licensure as a nursing home administrator in Michigan requires either
having
sufficient education and training in the fields of study
set forth in statute
, or
having
experience
of not less than 5 years of
employment
as a chief executive or administrative officer at a hospital
.
MCLS 333.17309 (3).
Minnesota:
The
Board of
Examiners
for Nursing Home Administrators of the M
innesota Health Licensing Board
regulates
nursing home administrators in Minnesota.
Minnesota requires applicants for nursing home administrator licensure to obtain a
bachelor’s
degree from an
accredited
postsecondary institution as well as passing the national examination for nursing home administrator and the state examination which test Minnesota laws and rules governing nursing facility operations.
Minn. R. 6400.6000.
Summary of factual data and analytical methodologies:
The
methodologies
used in
developing
this proposed rule include comparing
2013 Wisconsin Act 114
to current statutes and rules regarding nursing home administrators.
Analysis and supporting documents used to determine effect on small business or in preparation of economic impact
analysis
:
These proposed rules do not have an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Tom.Engels@wisconsin.gov
, or by calling (608) 266-8608.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis
are
attached.
Effect on small business
:
These proposed rules
do
not
have
an economic impact on small businesses, as defined in s.
227.114 (1)
, Stats. The Department’s Regulatory Review Coordinator may be contacted by email at
Tom.Engels
@wisconsin.gov
, or by calling (608) 266-8608.
Agency contact person
:
Shawn Leatherwood, Administrator Rule Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box 8935, Madison, Wisconsin 53708; telephone 608-
261-4438
; email at
Shancethea.Leatherwood
@wisconsin.gov
.
Place where comments are to be submitted and deadline for submission
:
Comments may be submitted to
Shawn Leatherwood, Administrator Rule Coordinator
, Department of
Safety and Professional Services
, Division of
Policy Development
, 1400 East Washington Avenue, Room 151, P.O. Box
8366
, Madison, WI 53708-8935, or by email to
Shancethea.Leatherwood
@wisco
ns
in.gov
.
Comments must be received on or before
February 5, 2015
to be included in the record of rule-making proceedings
.
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TEXT OF RULE
SECTION
1.
NHA 2.02 (1) is repealed
.
SECTION
2.
NHA 2.02 (4) is amended to read:
NHA 2.02 (4)
A qualified applicant with a disability shall be provided with reasonable accommodations requested in connection with the completion of an application for examination submitted under this section
, or relating to the administration of an examination required under s.
NHA 2.03
.
SECTION 3
.
NHA 2.02 (4
) (
Note 1
)
is amended to read
:
NHA 2.02 (4)
Note:
Application forms are available on request to the board office at
Applications are available from the Department of Safety and Professional Services, Division of Professional Credentialing
, 1400 E. Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708
, or from the department's website at:
http://dsps.wi.gov
.
SECTION
4
.
NHA 2.02 (4)
(
Note
2)
and 2.03 are
repealed.
SECTION
5
.
NHA 4.01
(1) (c)
(
Note
)
is
amended to read
:
NHA 4.01 (1) (c)
Note:
Application forms
for licensure
are available on request to the board office
located
at
Applications are available from the Department of Safety and Professional Services, Division of Professional Credentialing
, 1400 E. Washington Avenue, P.O. Box 8935, Madison, Wisconsin 53708
, or from the department's website at:
http://dsps.wi.gov
.
SECTION 6. NHA 4.01 (1) (d) is renumbered 4.01 (1)(d) (intro.) and is amended to read:
NHA 4.01 (1) (d)
(intro.)
Satisfy
any one
of
the
following
educational
requirements
specified in s.
NHA 2.0
2
.
:
SECTION 7. NHA 4.01 (1) (d) 1.
t
o 3. are created to read:
NHA 4.01 (1)(d)
1
.
A regular course of study.
2
.
A program of study.
3.
Specialized courses
.
SECTION 8
. NHA 4.02 (1)
(c)
and 4.02 (2) (a) 4. are
amended to read:
NHA 4.02 (1) (c)
A
The
fee
in
t
he amount
required under
s.
440.08 (2) (a) 51.
, Stats
s.440
.05 (1), Stats.
SECTION
9
. NHA 4.02 (3) is created to read:
NHA 4.02 (3)
Reinstatement.
(
a) A licensee whose license has been surrendered or revoked or has a license with unmet disciplinary
requirements
which has not been renewed within 5 years of the renewal date may submit an application for reinstatement
of their license
with all of the following:
1.
Evidence of completion of
requirements
in s
.
4.02
(2) (b)
if the licensee has not held an active Wisconsin license within the last 5 years.
2. Evidence of completion of
disciplinary
requirements
, if applicable.
3. Evidence of rehabilitation or change in circumstances, warranting reinstatement of license.
(b) A licensee may not practice as a nursing home administrator prior to being granted reinstatement of their license.
Section
10
.
EFFECTIVE DATE.
The rules adopted in this order shall take effect on the first day of the month following publication in the
Wisconsin
Administrative R
egister, pursuant to s.
227.22 (2) (intro.)
, Stats.
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