STATE OF WISCONSIN
Nursing Home Administrator
Examining Board
IN THE MATTER OF RULEMAKING
PROCEEDINGS BEFORE THE
NURSING
HOME ADMINISTRATOR
EXAMINING BOARD
ORDER OF THE
NURSING HOME ADMININSTRATOR
EXAMINING BOARD
ADOPTING RULES
(CLEARINGHOUSE RULE 14-078)
ORDER
An order of the Nursing Home Administrator Examining Board to repeal NHA 2.02 (1), and (4) (Note 2), and 2.03; to renumber NHA 4.01 (1) (d); to amend NHA 2.02 (4) and (4) (Note 1), 4.01 (1) (c) (Note), and 4.02 (1) (c) and (2) (a) 4; and to create NHA 4.01 (1) (d) 1.
to
3.
and
4.02 (3), related to entrance to examinations.
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 Administrator 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 interpret the statutes it administers.
2013 Wisconsin Act 114
provides that neither the department, nor 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 prompted the Nursing Home Administrator Examining Board to exercise its rule-making authority to amend pertinent 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 carry out the legislative intent by amending Wis. Admin. Code ss. 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 NHA 2.02 (4) by updating where applicants can receive applications.
SECTION 4.
repeals
the second note under NHA 2.02 (4) and the provision regarding examination requirements.
SECTION 5.
amends
the first note under NHA 4.01 (1) (c) by updating where applicants can receive applications and adds education as a perquisite for licensure.
SECTION 6.
creates
an introductory phrase for NHA 4.01 (1) (d).
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). This 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 regulated 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 of 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 Board 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 Minnesota 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
Eric.Esser@wisconsin.gov
, or by calling (608) 267-2435.
Fiscal Estimate and Economic Impact Analysis:
The Fiscal Estimate and Economic Impact Analysis document is 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
Eric.Esser@wisconsin.gov
, or by calling (608) 267-2435.
Agency contact person
:
Katie Vieira (
Paff
), Administrator Rules 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 608-261-4472; email at
Kathleen.Vieira@wisconsin.gov
.
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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 East
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 Credentialin
g
,
1400 East
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
(1)
.
:
SECTION 7. NHA 4.01 (1) (d) 1.
to
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
.03 (9) (a), Stats
.
SECTION 9. NHA 4.02 (3) is created to read:
NHA 4.02 (3)
Reinstat
e
ment
. (
a) A licensee whose license has unmet disciplinary requirements, such as a suspension, which has not been renewed within 5 years after the renewal date or
whose
license has been surrendered or revoked may apply for reinstatement of the license by submitting all of the following:
1. Evidence of completion of requirements
in s
.
NHA 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 whose license has been revoked may not apply for reinstatement of the license until 1 year after revocation of the license in accordance with s.
456.11 (2)
, Stats.
(c) A licensee may not practice as a nursing home administrator prior to being granted reinstatement of a 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 Register, pursuant to s.
227.22 (2) (intro.)
, Stats.
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(END OF TEXT OF RULE)
