Chapter 4751-1 General Provisions

4751-1-01 Notice of adoption, amendment, or rescission of rules.

(A) Any time that the Ohio board of executives of long-term services and supports (BELTSS) proposes to adopt, amend, or rescind a rule under section 119.03 of the Revised Code, BELTSS shall give a reasonable public notice in the register of Ohio at least thirty days before the date BELTSS sets for the public hearing, as prescribed by division (A) of section 119.03 of the Revised Code. In the notice, BELTSS shall include the following:

(1) A statement of BELTSS' intention to consider adopting, amending, or rescinding a rule.

(2) A synopsis of the proposed rule, amendment, or rule that BELTSS proposes to rescind or a general statement of the subject matter to which the proposed rule, amendment, or rescission relates.

(3) A statement of the reason or purpose for adopting, amending, or rescinding the rule.

(4) The date, time, and place of a hearing on the proposed action, which BELTSS shall set no earlier than the thirty-first nor later than the fortieth day after BELTSS files the proposed rule, amendment, or rescission under division (B) of section 119.03 of the Revised Code.

(B) BELTSS shall promptly furnish an electronic copy of the public notice to any person who requests it without charge. BELTSS shall promptly furnish a hard copy of the public notice to any person who requests it and pays a reasonable fee that does not exceed the actual cost of copying and mailing. If the person making the request for a hard copy is affected by the rule, BELTSS shall provide the hard copy without charge. Although BELTSS shall respond to all requests for a hard copy promptly, BELTSS cannot guarantee the provision of a hard copy thirty days before the public hearing unless the request is postmarked at least forty days before the hearing's date.

Replaces: 4751-1-01

Effective: 5/1/2016
Five Year Review (FYR) Dates: 05/01/2021
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 119.03
Prior Effective Dates: 9/29/70, 10/16/1983, 10/15/2007

4751-1-02 Definitions for this chapter.

"Accredited educational institution" means an academic institution of higher learning that includes general education courses as requisite to the institution's principal educational programs and that has received institutional accreditation from at least one of the following organizations: middle states commission on higher education, new england association of schools and colleges, the higher learning commission of the north central association of colleges and schools, northwest commission on colleges and universities, southern association of colleges and schools commission on colleges, or senior college and university commission of the western association of schools and colleges.

"Administrator-in-training" ("AIT") means an individual registered as such with the board pursuant to rule 4751-1-09 of the Administrative Code.

"Administrator-in-training program" ("AIT program") means a program that the board established to assure that an applicant for licensure as a nursing home administrator meets the minimum requirements in professional education and experience.

"Adverse action" means revocation or suspension of a license, reprimand, censure, or probation; any other loss of or restriction placed upon the license, including, but not limited to, the right to apply for, or renew, a license; voluntary surrender in lieu of discipline; non-renewal (excluding non-renewal due to non-payment of fees or retirement); administrative fines; and any other negative action or finding by the board.

"Approved program in nursing home administration" means a baccalaureate or higher degree program that is offered by an accredited educational institution that has been accredited by the national association of boards, and that has been accepted by the board as satisfying the general education, special academic preparation, and experience requirements for admission to examination.

"Board" means the board of executives of long-term services and supports that section 4751.03 of the Revised Code established.

"Candidate" means a person who the board determines meets the conditions for admission to examination.

"Certificate of registration" ("registration") means a printed or electronic document that the board issues to each administrator to certify the original registration, or annual renewal of registration, of an administrator's license as required in section 4751.07 of the Revised Code.

"Continuing education" means post-licensure education that is consistent with the practice of nursing home administration, assisted living administration, or home and community-based serviced administration, as defined in this rule, that an administrator takes to maintain professional competency to practice administration, improve administrative skills, and effect standards of excellence for the practice of the profession in the interest of the safety, health, and well-being of the persons served.

"Core of knowledge in nursing home administration" means the subject areas outlined in rule 4751-1-06 of the Administrative Code.

"Course of study or program of instruction" means any educational activity in the subject areas of the core of knowledge in nursing home administration, assisted living administration, or home and community-based services administration approved by the board to fulfill the requirements for pre-licensure education or for continuing education.

"Degree equivalency evaluation" means an equivalency evaluation of a degree that was earned from a college or university not domiciled in the United States against a degree earned from an accredited college or university that is performed by world education services (WES).

"Full time" means at least thirty-five hours per week as an administrator practicing nursing home administration in a nursing home or as an intern in an internship with an administrator in a nursing home.

"General education" means an academic course of study that results in the awarding of a baccalaureate degree from an accredited educational institution.

"Health care administration" means that specialty of health administration requiring knowledge and skills specific to the administration of a health care facility, with emphasis on administration of skilled nursing or extended care facilities.

"Health care facility" means a facility operating within the framework of the appropriate regulatory agencies that provides residence accommodations and personal care, supervision, or assistance to persons who are dependent, in whole or part, upon such services.

"Health services executive" means an individual who has voluntarily and successfully completed board-approved core studies and examinations covering common competencies across service lines, including skilled nursing, assisted living, and home and community-based services, and who meets the requirements established by the national association of long-term care administrator boards.

"Internship site" means a nursing home that is licensed under Chapter 3721. of the Revised Code or a nursing home that is operated by a governmental agency and certified under Title XVIII or XIX of the Social Security Act that is approved by the board for the practical training and experience of an administrator-in-training.

"License" means the board-issued document that indicates that the licensee has met the requirements for licensure under Chapter 4751. of the Revised Code and this chapter.

"NAB" means "the national association of long term care administrator boards."

"NAB domains of practice" are the tasks performed and the knowledge and skills identified as necessary to perform those tasks by NAB in its professional practice analysis. The NAB domains of practice can be found on the website of the national association of long term care administrator boards. The domains are validated through a national survey of administrators representing multiple lines of service and updated every five to seven years.

"NAB verify" is the national application and review process for HSE qualification.

"National practitioner data bank" (NPDB) is an electronic information repository created by Congress. It contains information on medical malpractice payments and certain adverse actions related to health care practitioners, entities, providers, and suppliers.

"Nursing home" means a nursing home as defined by or under the authority of divisions (A), (C) and (D) of section 3721.01 of the Revised Code, or a nursing home operated by a governmental agency.

"Nursing home administrator" ("administrator") has the same meaning as in section 4751.01 of the Revised Code.

"Operator" has the same meaning as in rule 3701-17-01 of the Administrative Code.

"Person served" means an individual who receives the care and services of a skilled nursing facility, assisted living community, or home and community-based services.

"Practice of a health services executive" is a qualification that is developed to recognize and promote a quality entry level education, continued competency, and accountability of leadership that ultimately provides quality services and support in a home-like setting with a commitment to choice, dignity, independence, individuality, and privacy based on client/ resident needs and preference in skilled nursing facilities, assisted living communities and home and community based services. The health services executive has broad knowledge competencies across the continuum.

"Practice of nursing home administration" means exercising management responsibility of a nursing home including the following practices: planning, organizing, and directing the overall operation of a nursing home; making operating decisions, providing leadership and general supervision, employing and discharging staff; instituting and maintaining methods of administrative management that demonstrate attempts in good faith to assure that the nursing home is in conformity with federal, state, and local laws, codes, and regulations pertaining to the operation of said facility and to the rights, health, safety, and well-being of the persons served; and the administrator practices these duties in a manner that complies with this rule's definition for "supervision of a nursing home."

"Preceptor" means an individual qualified by training and experience, who is currently licensed as a nursing home administrator in the state of Ohio and is charged with coordinating the training of an administrator-in-training who is enrolled in a board-approved administrator-in-training internship program.

"Revocation" or "revoked license" is a sanction imposed upon a license/registration by the board that results in a complete loss of license/registration and all privileges attendant thereto and requires holder to surrender the license and registration and all other license or certificate-related documents to the board.

"Qualifying administrative experience" is a residency or internship that is required for an academic degree in nursing home administration in all the subject areas of the core of knowledge or all the subject areas of rule 4751-1-06 of the Administrative Code or actual work experience in the subject areas of rule 4751-1-06 of the Administrative Code.

"Service provider" means the entity providing a service to the person served whether a skilled nursing facility, home health care agency, hospice agency, etc.

"Supervision of a nursing home," as required by division (A) of section 4751.02 of the Revised Code, means the effective management of a nursing home and assurance that residents' needs are met, which, according to rule 3701-17-08 of the Administrative Code, means that a nursing home administrator is present in the nursing home no fewer than sixteen hours per calendar week; that the administrator spends most of the time between six a.m. and six p.m. during normal workweeks of Monday through Friday managing the nursing home; and that the administrator's management complies with this rule's definitions of "nursing home administrator" and "practice of nursing home administration."

"Support network" means anyone identified by the person served as a social, financial, and/ or emotional support. "Support network" may include friends, family, neighbors, church members, or home health care providers.

"Suspension" or "suspended license" is a sanction imposed upon a license/registration by the board. The licensee retains the license and registration and therefore must renew the license, yet cannot function in the capacity of a licensed nursing home administrator or health services executive until the board determines that conditions responsible for the suspension no longer exist, any or all other restoration requirements imposed by the board have been met, and the board has restored the licensee's status.

"Temporary license" means a license for a period of time not to exceed one hundred eighty days that the board may issue pursuant to division (B) of section 4751.06 of the Revised Code.

"Training agency for continuing education" means an accredited college or university; a statewide or national agency, association or professional society related to the field of nursing home administration or a corporation or other legal entity that is approved by the board to provide courses of study or programs of instruction required for the annual renewal of the certificate of registration.

"Valid license" means a license that is current, as effected by the annual renewal of the certificate of registration, and that is in good standing.

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 430.707(a)
Rule Amplifies: Chapter 4751. of the Revised Code; 42 U.S.C. 1396g; 42 C.F.R. 431.701
Prior Effective Dates: 10/01/1974, 01/01/1977, 02/20/1984, 04/29/2004, 01/15/2006, 06/01/2015, 06/01/2016

4751-1-03 Board officers, board secretary, and board members.

(A) Board officers:

(1) Annually, the board shall elect from its membership a chairperson and a vice-chairperson.

(2) The chairperson shall preside over board meetings. In the chairperson's absence, the vice-chairperson shall preside over board meetings and perform the chairperson's usual duties.

(B) Board secretary:

(1) The board shall appoint a secretary whose job title may also be executive director.

(2) The secretary's responsibilities:

(a) The secretary shall notify board members of meeting times and places.

(b) The secretary shall attend all board meetings.

(c) The secretary shall retain a complete record of board meeting minutes.

(d) The secretary shall retain records pertaining to licensees and registrants.

(e) The secretary shall countersign all licenses and certificates.

(f) The secretary shall retain records pertaining to this chapter.

(g) The secretary shall conduct the board's routine correspondence.

(h) The secretary shall retain custody of the board's books, records, and property.

(i) The secretary shall receive all monies payable to the board and deposit such monies with the treasurer of state.

(j) The secretary shall retain the board's financial records.

(k) The secretary shall perform any other duties that the board prescribes or assigns to the secretary.

(l) The secretary shall perform any other duties that state or federal laws require.

(C) Board members: Board members shall perform their duties according to Chapter 4751. of the Revised Code and this chapter, unless otherwise prohibited by a state or federal law.

Replaces: 4751-1-03

Effective: 6/1/2015
Five Year Review (FYR) Dates: 06/01/2020
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.03
Prior Effective Dates: 09/29/1970, 10/01/1974, 01/01/1999, 04/29/2004

4751-1-04 Board meetings.

(A) Quorum: A majority of the voting board members constitutes a quorum.

(B) Simple majority: The affirmative vote of a majority of the voting board members is necessary for the board to act.

(C) Parliamentary procedure: When not otherwise provided for, "Roberts Rules of Order" (2011 edition) shall govern at all meetings of the board.

(D) Quarterly meetings:

(1) The board shall hold quarterly meetings.

(2) The board shall set the date for the quarterly meetings with the consent of the majority of the voting board members.

(3) The board may cancel a quarterly meeting with the consent of the majority of the voting board members.

(E) Special meetings:

(1) The board chairperson or a majority of voting board members may call a special meeting.

(2) The proponent of the special meeting shall state the purpose of the special meeting in the call therefor, and the board shall not consider other business at the special meeting, except by unanimous consent of the voting board members present. The proponent of the special meeting shall specify the date and place of a special meeting in the request.

(3) The board may cancel a special meeting with the consent of the majority of the voting board members.

(F) Meeting notices:

(1) The board secretary shall post a notice of each regular and special meeting on the board's website.

(2) The board secretary shall include the place and time in each notice for a regular meeting.

(3) The board secretary shall include the place, time, and purpose in each notice for a special meeting.

(4) The board secretary shall notify each board member at least five days in advance before a special meeting, except in case of an emergency.

(5) The board secretary shall maintain a list of news media outlets that have requested notices. The board secretary shall notify news media outlets that have requested notices for special meetings at least twenty-four hours before a special meeting, except in the event of an emergency that requires immediate, official action. In the event of an emergency, the secretary, on behalf of the chairperson or board members who called the meeting, shall notify the news media that have requested notification immediately of the time, place, and purpose of the meeting.

(G) Meeting minutes:

(1) The board secretary shall make available to each board member the minutes of the previous meeting and reports of any matters to the board before each meeting to enable the member to become familiar with the matter.

(2) Within ten days after the board approves the minutes of a quarterly or special meeting, the board secretary shall open the minutes for public inspection in the board office. Any person may obtain a copy of the approved minutes upon request to the board secretary via letter or email.

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.03
Prior Effective Dates: 09/29/1970, 10/01/1974, 01/01/1977, 10/16/1983, 06/01/2014

4751-1-05 Pre-examination requirements; conditions precedent to application for admission to examination.

(A) The board shall admit to examination for licensure as a nursing home administrator any applicant who has paid the required fees as provided in rule 4751-1-16 of the Administrative Code and who shall have first submitted credentials satisfactory to the board that establish that all of the following conditions have been met; namely, that the applicant;

(1) Is at least eighteen years of age;

(2) Is of good moral character;

(3) Is suitable and fit to be licensed as a nursing home administrator as evidenced by:

(a) Complying with paragraph (B) of rule 3701-17-07 of the Administrative Code;

(b) Absence of any physical or mental impairment that would be likely to interfere with the performance of the duties of a nursing home administrator;

(c) Ability to understand and communicate general and technical information necessary to the administration and operation of a nursing home;

(d) Ability to assume responsibility for the administration of a nursing home as evidenced by prior activities and prior qualifying administrative experience;

(e) Ability to relate the physical, psychological, spiritual, emotional, and social needs of the persons served to the administration of a nursing home, and to create a climate necessary to meet the needs and rights of the persons served.

(4) Has met the requirements of general education, as defined in rule 4751-1-02 of the Administrative Code, and the requirements that are applicable on the date the completed application is received by the board:

On and after January 1, 1980 has successfully completed a course of study and has been awarded a baccalaureate degree from an accredited educational institution, as defined in rule 4751-1-02 of the Administrative Code;

(5) Has successfully completed the special academic requirements in the subject areas specific to nursing home administration, that consist of:

(a) No less than one hundred clock hours of academic directed study in core of knowledge subjects in nursing home administration, as listed in rule 4751-1-06 of the Administrative Code; or accredited college courses covering the subject areas of the core of knowledge in nursing home administration as approved by the board; or

(b) An approved baccalaureate degree program in nursing home administration, as defined in rule 4751-1-02 of the Administrative Code; or

(c) An approved master's degree program in nursing home administration, as defined in rule 4751-1-02 of the Administrative Code.

(6) The applicant has met the qualifying administrative experience requirements, as defined in rule 4751-1-02 of the Administrative Code, that are appropriate to the applicant's educational level, namely:

(a) With a baccalaureate degree, the requirement is nine months (fifteen hundred hours) of full-time internship in an approved internship site;

(b) With a baccalaureate degree containing an approved program in nursing home administration as defined in rule 4751-1-02 of the Administrative Code, no further qualifying administrative experience is required;

(c) With a master's or higher degree, the requirement is six months (one thousand hours) full-time internship experience in an approved internship site;

(d) With a master's or higher degree containing an approved program in nursing home administration as defined in rule 4751-1-02 of the Administrative Code, no further qualifying administrative experience is required;

(e) For qualifying administrative experience, the board may reduce the required hours of internship for both baccalaureate and master degrees.

(7) Except as provided in rule 3701-13-06 of the Administrative Code, the board shall not license, register, or certify an applicant if the applicant has been convicted of a violation of rule 3701-13-05 of the Administrative Code.

(8) The board may license any person meeting qualifications equal to those in rule 4751-1-05 of the Administrative Code, including the following:

(a) A person validated as a health services executive by the national association of long-term care administrator boards.

(b) Before determining if it shall license a person according to rule 4751-1-05 of the Administrative Code, the board may require the person to pass the state examination according to rule 4751-1-07 of the Administrative Code.

(B) Applying for admission to examination:

(1) An applicant for examination for licensure as a nursing home administrator shall submit an application in writing on forms provided by the board and shall furnish evidence satisfactory to the board that he or she has met the requirements of section 4751.05 of the Revised Code and of paragraph (A) of this rule, such evidence to include, but not be limited to:

(a) The application form having complete and accurate entries of information, signed and certified under penalty of perjury, filed in the office of the board;

(b) Certified transcript(s) of college credits and proof of degree(s), unless previously filed with the board, in accordance with paragraph (A)(4) of this rule, said transcripts to be sent by the institution directly to the office of the board;

(c) Certificate or other specific and adequate documentation of completion of approved course of study or program of instruction meeting the special academic requirements in the subject areas specific to health care administration in accordance with paragraph (A)(5) of this rule;

(d) Any additional or supplemental documentation, properly notarized, required to support data entries on the application form, and to establish qualifying administrative experience in accordance with paragraph (A)(6) of this rule;

(e) Statement from the supervisor of the internship attesting said completion of the required period of the internship and documentation of time.

(2) The application and its supporting documentation shall be filed with the board at least thirty days before the regular quarterly board meeting.

(3) The application form shall be signed and certified under penalty of perjury.

(4) The application form shall be accompanied by the application examination fee listed in rule 4751-1-16 of the Administrative Code.

(C) When an applicant has been denied admission to examination or when an applicant has abandoned the application for examination, the applicant may submit a new application for admission to examination, provided, however, that the applicant shall be required to meet the qualifications and conditions for admission and for licensing which are in force at the time of such new application.

(D) Abandonment of application:

(1) An applicant shall be deemed to have abandoned the application if the applicant does not take such examination within one year after the date of the authorization letter.

(2) An applicant who has failed the licensure examination shall be deemed to have abandoned said application if the applicant does not take the examination within one year after notice of failure.

(3) An application submitted subsequent to the abandonment of a former application or after failure of the examination three times shall be treated as a new application and the law in force at the time of such new application shall govern.

(E) An applicant shall complete the licensure process no later than two years after the date that the applicant meets all requirements to take the examination. Applicants who fail the examination three times shall complete an additional administrator-in-training internship, as prescribed by the board, before retesting a fourth and final time.

(F) The board may designate a reasonable time and place at which an applicant may be required to present himself or herself for an inquiry into the applicant's qualifications and suitability for licensure. The board shall notify an applicant of such a meeting in writing no fewer than ten days before the meeting.

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Rule Amplifies: 4751.05 ; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Prior Effective Dates: 10/01/1974, 01/01/1977, 02/20/1984, 04/22/1986, 06/01/2014, 06/01/2015

4751-1-06 Subjects for examination.

Every applicant for a license as a nursing home administrator, after meeting the requirements for qualification for examination as set forth in state rules and regulations, shall successfully pass a written or oral examination or a combination thereof which shall include, but not be limited to, the following subject areas:

Core of knowledge in nursing home administration

(A) Customer care, supports, and services:

(1) Establish service policies and procedures regarding the persons served that comply with applicable federal and state laws, rules, and regulations.

(2) Ensure that plans of care are individualized, evidence-based, established, implemented, updated, and monitored based on the preferences and assessed needs of the persons served.

(3) Ensure the planning, development, implementation/execution, monitoring, and evaluation of admission/move-in process, including preadmission/premove-in information, to promote a quality experience for the persons served.

(4) Ensure the planning, development, implementation/execution, monitoring, and evaluation of discharge/move-out process promote a quality experience for the persons served.

(5) Ensure the planning, development, implementation/execution, monitoring, and evaluation of programs meet the psychosocial needs and preferences of the persons served.

(6) Ensure the planning, development, implementation/execution, monitoring, and evaluation of activities/recreation meet the social needs and preferences of the persons served.

(7) Ensure the planning, development, implementation/execution, monitoring, and evaluation of a health information management program meets documentation requirements in compliance with federal and state regulations.

(8) Ensure the planning, development, implementation/execution, monitoring, and evaluation of a medication management system that supports the needs of the persons served.

(9) Ensure the planning, development, implementation/execution, monitoring, and evaluation of a rehabilitation program to maximize optimal level of functioning and independence for the persons served.

(10) Ensure the planning, development, implementation/execution, monitoring, and evaluation of systems for coordination and oversight of contracted services that meet applicable federal and state requirements.

(11) Ensure the planning, development, implementation/execution, monitoring, and evaluation of policies and procedures for responses to specific occurrences, incidents, accidents, and/or emergencies involving the persons served.

(12) Ensure the planning, development, implementation/execution, monitoring, and evaluation of housekeeping and laundry services for the persons served.

(13) Ensure the planning, development, implementation/execution, monitoring, and evaluation of education intended for the persons served and their support networks.

(14) Ensure the planning, development, implementation/execution, monitoring, and evaluation of systems to meet the nutritional needs and preferences of the persons served.

(15) Ensure the planning, development, implementation/execution, monitoring, and evaluation of dining experience that meets the needs and preferences of the persons served.

(16) Ensure the rights and individuality of the persons served are met within all aspects of care.

(17) Integrate the support network's perspectives to maximize the quality of life and care for the persons served.

(18) Ensure transportation options are available for the persons served.

(19) Ensure the provision of a customer service culture that leads to a quality experience for the persons served.

(B) Human resources:

(1) Ensure that human resource management policies and programs comply with federal and state rules and regulations.

(2) Establish the planning, development, implementation, monitoring, and evaluation of recruitment, selection, and retention practices.

(3) Establish the planning, development, implementation, monitoring, and evaluation of employee training and development programs.

(4) Establish the planning, development, implementation, monitoring, and evaluation of employee evaluation programs.

(5) Establish the planning, development, implementation, monitoring, and evaluation of compensation and benefit programs.

(6) Establish the planning, development, implementation, monitoring, and evaluation of employee health and safety programs.

(7) Establish the planning, development, implementation, monitoring, and evaluation of employee satisfaction and organizational culture.

(8) Establish the planning, development, implementation, monitoring, and evaluation of employee disciplinary policies and procedures.

(9) Establish the planning, development, implementation, monitoring, and evaluation of employee grievance policies and procedures.

(10) Establish the planning, development, implementation, monitoring, and evaluation of leadership development programs.

(11) Promote a safe work environment (such as safety training and employee risk management).

(12) Promote a positive work environment (using techniques such as conflict resolution, stress management, diversity training, and staff recognition programs).

(13) Facilitate effective written, oral, and electronic communication among management and employees.

(14) Ensure employee records and documentation systems are developed and maintained in a confidentially appropriate manner.

(15) Establish a culture that encourages and ensures that employees embrace the rights of the persons served.

(C) Finance:

(1) Ensure that financial management policies, procedures, and practices comply with applicable federal and state rules and regulations.

(2) Develop, implement, and evaluate the service provider's budget.

(3) Oversee the billing and collections process and monitor the accuracy of charges and timely collection of accounts.

(4) Negotiate, interpret, and implement contractual agreements to optimize financial viability.

(5) Develop, implement, monitor, and evaluate financial policies and procedures that comply with generally accepted accounting principles (GAAP).

(6) Monitor and evaluate the integrity of financial reporting systems and audit programs.

(7) Establish safeguards for the protection of the service provider's assets (such as insurance coverage, risk management).

(8) Develop, implement, monitor, and evaluate systems to improve financial performance.

(9) Manage and adjust expenses with fluctuations in census/occupancy levels (such as staffing ratios).

(10) Monitor and address changes in the industry that may affect financial viability.

(D) Environment:

(1) Ensure that physical environment policies and practices comply with applicable federal, state, and local laws, rules, and regulations.

(2) Ensure the planning, development, implementation, monitoring, and evaluation of a safe and secure environment.

(3) Ensure the planning, development, implementation, monitoring, and evaluation of an infection control and sanitation program.

(4) Ensure the planning, development, implementation, monitoring, and evaluation of emergency and disaster preparedness program, including linkage to outside emergency agencies.

(5) Ensure the planning, development, implementation, monitoring, and evaluation of environmental services, including housekeeping, and laundry.

(6) Ensure the planning, development, implementation, monitoring, and evaluation of maintenance services for property, plant, and all equipment, including preventative maintenance.

(7) Ensure the planning, development, implementation, monitoring, and evaluation of appropriate HIPAA-compliant technology infrastructure.

(8) Establish, maintain, and monitor a physical environment that provides clean, safe, and secure home-like surroundings for the persons served, staff, and visitors.

(9) Identify opportunities to enhance the physical environment to meet changing market demands.

(10) Establish, maintain, and monitor an environment that promotes choice, comfort, and dignity for the persons served.

(11) Assess the environment of the persons served for safety, security, and accessibility and make recommendation for referral or modification.

(E) Management and leadership:

(1) Ensure compliance with applicable federal and state laws, rules, and regulations.

(2) Promote ethical practice throughout the organization.

(3) Develop, implement, monitor, and evaluate policies and procedures that comply with directives of governing body.

(4) Develop, communicate, and champion the service provider's mission, vision, and values to stakeholders.

(5) Develop, implement, and evaluate the strategic plan with governing body's endorsement.

(6) Promote and monitor satisfaction of the persons served and their support networks.

(7) Identify, foster and maintain positive relationships with key stakeholders.

(8) Educate stakeholders on services provided, regulatory requirements, and standards of care.

(9) Solicit information from appropriate stakeholders for use in decision making.

(10) Manage the service provider's role throughout any survey/inspection process.

(11) Develop and implement an intervention(s) or risk management program(s) to minimize or eliminate exposure.

(12) Identify and respond to areas of potential legal liability.

(13) Implement, monitor, and evaluate information management and technology systems to support service provider's operations.

(14) Develop, implement and monitor comprehensive sales, marketing, and public relations strategies.

(15) Ensure that written agreements between the persons served and the service providers protect the rights and responsibilities of both parties and meet any pertinent related requirements.

(16) Develop, implement, and evaluate the organization's quality assurance and performance improvement programs.

(17) Lead organizational change initiatives.

(18) Facilitate effective internal and external communication strategies.

(19) Promote professional development of all team members.

Replaces: 4751-1-06

Effective: 5/1/2016
Five Year Review (FYR) Dates: 05/01/2021
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.04
Prior Effective Dates: 09/29/1970, 10/01/1974, 06/01/2014

4751-1-07 Examination and passing grade.

(A) Every applicant for a nursing home administrator's license shall be required to pass the examination.

(B) The board shall determine a passing grade for each section of the examination separately, and shall apply such grade uniformly to all persons taking that examination.

(C) If an oral examination is used, totally or as part of the examination process, the board shall use as a basis for such oral examination a written prepared outline of subject matter based upon the core of knowledge in nursing home administration and upon practical training and experience. The board shall designate weighted values to the subject matter for such oral examination. Prior authorization for use of an oral examination must be granted by the board.

(D) Failure to make a passing grade on any section of the examination constitutes failure to pass the examination. The applicant shall be required to repeat the examination.

(E) If an applicant fails three times to attain a passing grade on the examination, the applicant is no longer eligible to sit for the examination until the applicant meets the requirements of rule 4751-1-05 and such additional education and experience requirements as may be prescribed by the board.

Effective: 06/01/2014
R.C. 119.032 review dates: 02/07/2014 and 06/01/2019
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.04 , 4751.06
Prior Effective Dates: 09/29/1970, 10/01/1974, 01/01/1977

4751-1-08 Registration of educational institutions and continuing education training agencies; approval of courses of study and programs of instruction.

(A) The board may authorize any educational institution or affiliate or other training agency for continuing education to provide the educational requirements of Chapter 4751. of the Revised Code and this chapter.

Any educational institution or affiliate, if authorized, shall be registered with the board for the purpose of offering any course of study or program of instruction deemed sufficient to meet the education and training requirements for the purpose of qualifying applicants for licensure as nursing home administrators or for the renewal of registration of licenses as nursing home administrators.

All training agencies shall individually apply to the board on BELTSS form E-1 and, if approved, be registered by the board.

(B) There are two categories of continuing education training agencies:

(1) Preferred: A continuing education training agency that has been certified for at least three years and offers at least fifty courses per year.

(2) Certified: A continuing education training agency that is an accredited college or university; a statewide or national government agency relating to nursing home administration; a statewide, national association, or professional society relating to nursing home administration; or, a society, organization, or individual having a specific and primary educational focus on long-term services and supports administration education..

(C) The fee structure for providers is as follows:

(1) Preferred:

(a) An annual fee of seven hundred fifty dollars.

(b) Biennial renewal fee of one hundred fifty dollars upon submission of renewal paperwork. This is in addition to the annual fee.

(2) Certified:

(a) Initial application fee of two hundred fifty dollars.

(b) Biennial renewal fee of one hundred fifty dollars upon submission of renewal paperwork.

(c) A fee of fifteen dollars per continuing education hour or partial hour reviewed.

(3) Preferred and certified:

(a) For certified providers, courses submitted fewer than sixty days of the course date, including multiple site or date courses, will be charged a one hundred fifty dollar late fee and must submit a waiver request. Requests will be reviewed and may not be granted. Preferred providers are exempt from this requirement.

(b) For certified providers, the same course multiple site or date approval fee within current year: ten dollars per site/date. Preferred providers are exempt from this requirement.

(c) Fees must be paid prior to agencies receiving a course approval number.

Fees are non-refundable, even if courses are not approved. Incomplete applications will be returned. Adjustments to continuing education training agency categories will not be made in order to change or avoid fees. Fees may be adjusted at the board's discretion via the rule revision process. Fees are waived for state government agencies.

(D) Pre-licensure education: Courses of study or programs of instruction offered for the purposes of general educational requirements, as set forth in paragraph (A)(4) of rule 4751-1-05 of the Administrative Code, and for the special academic requirements in health care administration, as set forth in paragraph (A)(5) of rule 4751-1-05 of the Administrative Code, shall be deemed acceptable for such purposes, provided that:

(1) The courses of study and programs of instruction in general education are offered for academic credit by an accredited educational institution, as defined in rule 4751-1-02 of the Administrative Code.

(2) The special courses of study or programs of instruction in health care administration shall at least cover the subject areas set forth in the core of knowledge in nursing home administration, as outlined in rule 4751-1-06 of the Administrative Code; course content need not be limited to these subject areas; these courses and programs shall be approved by the board.

(3) If academic credit is not offered, such course of study or program of instruction is within the jurisdiction of an academic department of an accredited educational institution.

(E) Continuing education: Courses of study or programs of instruction offered to meet the educational requirements for annual renewal of the certificate of registration of the nursing home administrator license shall be in the subject areas of the core of knowledge in nursing home administration, as outlined in rule 4751-1-06 of the Administrative Code, and shall be one of the following:

(1) An accredited educational institution's for-credit courses, non-credit courses, and non-degree programs.

(2) Courses or programs of which the board approves that are offered by educational institutions other than accredited educational institutions;

(3) Courses or programs provided by approved training agencies for continuing education, as defined in rule 4751-1-02 of the Administrative Code.

(F) Training agency courses of study or programs of instruction offered for continuing education purposes on a non-academic credit basis shall be submitted to the board for approval at least sixty days before the anticipated date of registration for the course or program; such submittal shall be on BELTSS form E-2 and, if necessary, the sixty-day waiver request form and shall provide thereon all required information. The board may grant a variance to the time frame for submittal upon a showing that a recent change in state or federal regulatory requirements affecting the nursing home industry necessitates prompt approval of the course of study or program of instruction so that nursing home administrators may receive timely information concerning compliance with the requirements.

(G) Definitions for this rule:

"BELTSS form E-1" means "BELTSS Form E-1 ('Application for Registration as a Provider of Continuing Education Courses') (Rev., July, 2015)."

"BELTSS form E-2" means "BELTSS Form E-2 ('Application for Approval of Continuing Education Courses') (Rev., July, 2015)."

"Sixty-day waiver request form" means "'60-Day Waiver Request Form' (Rev., July, 2015)."

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Rule Amplifies: 4751.04 , 4751.043, 4751.044 ; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708, 431.714
Prior Effective Dates: 04/22/1986, 06/14/1989 (Emer.), 09/22/1989, 07/24/2011, 06/01/2015

4751-1-08.1 Training agency approval.

(A) A training agency for continuing education shall apply for either preferred or certified provider status as defined by the board in rule 4751-1-08 of the Administrative Code.

(B) Provider status shall initially be granted for a one-year probationary period. Approval thereafter shall be granted for a two-year period.

(1) An applicant for provider status shall, at least sixty days prior to the date of the first scheduled program offering, submit a completed application on BELTSS form E-1 (rev., July, 2015). To be approved as a provider, the applicant shall establish all of the following:

(a) The proposed programs and program goals for the approval period meet or exceed the requirements of these rules;

(b) The educational facilities and instructional aids are adequate and appropriate;

(c) The program presenters have the professionally recognized skills to conduct the programs being offered;

(d) The programs are in the subject areas of the core of knowledge in nursing home administration as outlined in rule 4751-1-06 of the Administrative Code;

(e) There are adequate procedures to maintain records for each program presented, including, but not limited to, the program content, presenter qualifications, continuing education units earned, and attendee names.

(2) A provider shall comply with all of the following:

(a) Operate in compliance with the requirements of paragraph (B)(1) of this rule.

(b) Seek the evaluation of each program attendee.

(c) Ensure that one quarter of one clock hour of continuing education is earned by fifteen minutes of classroom instruction; minimum number of credits for a class is one clock hour.

(d) Provide each program attendee who completes the program with a certificate of completion that includes the following information.

(i) Name of the provider and provider number.

(ii) Name and date of the program.

(iii) Name of the attendee.

(iv) Core of knowledge subject area into which the program falls.

(v) Number of clock hours earned.

(vi) Nursing home administrator license number of the attendee, if applicable.

(e) Self-study courses are required to provide an exam of ten questions for the first credit hour offered, with five questions required for each credit hour thereafter. No more than fifty per cent of the exam questions shall be true/false. Students shall obtain a score of eighty per cent or higher in order to pass. Live webinars where attendance and participation can be monitored are exempt from this requirement, provided that the provider randomly audits the courses for attendance and participation and provides these audits to the board as requested.

(f) BELTSS does not accept self-study courses that only consist of reading study materials or a book and taking an exam. Acceptable self-study courses may be webinars or distance learning that feature applied learning, real-life scenarios, and problem solving.

(g) Prominently display its provider number and the license renewal requirement to which the program will apply on all promotional literature.

(h) Display language on the evaluation form stating the attendee may contact the board with problems or concerns about the program and provide the board's contact information.

(i) At the board's request, furnish records of program content, presenter qualifications, evaluations, continuing education units earned, and attendee names for each program presented during the approval period.

(j) Assume responsibility for the quality of any program presented under its provider number.

(k) Ensure that all continuing education programs are open and offered to the public.

(l) Cooperate with the board on requests to randomly audit compliance with this rule including providing any additional information needed for the board's review.

(3) Continuing education courses that fulfill the requirements for annual renewal of the certificate of registration shall be submitted to the board by the continuing education training agency conducting the educational activity, in accordance with rule 4751-1-08 of the Administrative Code. Board approval is granted to the continuing education training agency conducting the educational activity.

(4) An applicant for renewal of provider status shall submit to the board no later than three months prior to the expiration of its approval, a completed application demonstrating continued compliance with the requirements of the rules in this chapter. An applicant seeking its first two-year approval shall also submit a synopsis of all programs conducted during the probationary period.

(5) The board, in compliance with Chapter 119. of the Revised Code, may refuse to issue or renew or may suspend or revoke the provider status of a training agency that fails to comply with the requirements of rules in this chapter.

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Rule Amplifies: 4751.04 ; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Prior Effective Dates: 01/01/1999, 06/01/2014

4751-1-09 Administrator-in-training program.

(A) Introduction: The board has established the administrator-in-training ("AIT") program as the way for a person who seeks initial licensure as a nursing home administrator to obtain a period of practical training and experience ("internship") in nursing home administration under direct supervision of a licensed nursing home administrator ("preceptor") who is in full-time practice in a nursing home that the board approved as the AIT's training agency ("internship site").

(B) Dates: All internships in the AIT program shall begin on the first day of the first month of the calendar quarter, namely: January 1, April 1, July 1, or October 1.

(C) Registration:

(1) How to register: To register for internship in the AIT program, an applicant shall submit all of the following items to the board:

(a) The fee transmittal sheet, preliminary data for AIT program, the AIT application, the employment status form, and the facility survey form having complete and accurate entries of information.

(b) Certified transcript(s) of college credits and proof of degree(s), in accordance with paragraph (A)(4) of rule 4751-1-05 of the Administrative Code; said transcripts to be sent by the institution directly to the office of the board.

(c) Certificate or other specific and adequate documentation of completion of approved course of study or program of instruction meeting the special academic requirements in the subject areas specific to health care administration in accordance with paragraph (A)(5) of rule 4751-1-05 of the Administrative Code.

(d) Any additional or supplemental documentation to support data entries on the application form and to establish any qualifying administrative experience.

(e) The training plan, with its supporting documentation.

(2) Deadline: The applicant shall submit all parts of the application to the board so that the application is on file with the board at least fourteen days before the regular board meeting that precedes the requested beginning date of an internship with the AIT program.

(3) Board approval: The board shall only approve an applicant's registration for internship in the AIT program if the board is satisfied that the applicant meets, or has arranged to meet, each of the following requirements:

(a) The applicant is at least twenty-one years of age.

(b) The applicant has good character.

(c) The applicant has good health and is otherwise suitable to the practice of nursing home administration according to paragraph (A)(3) of rule 4751-1-05 of the Administrative Code.

(d) The applicant meets general education requirements of paragraph (A)(4) of rule 4751-1-05 of the Administrative Code.

(e) The applicant has submitted records to the board to verify that he or she meets, or has arranged to meet, the special academic requirements of paragraph (A)(5) of rule 4751-1-05 of the Administrative Code.

(f) The applicant has arranged for an internship at an internship site(s) of which the board approves, pursuant to paragraph (A)(6) of rule 4751-1-05 of the Administrative Code.

(g) The internship site(s) will not employ the applicant in any capacity other than that of an AIT during the internship hours.

(h) The applicant does not have a substantial financial interest in any nursing home that will be the internship site at which he or she would serve a major portion of his or her internship.

(i) The applicant successfully completed a background check (BCI and FBI) with the results sent directly to the board office.

(j) The applicant completed the report of conviction form, as applicable.

(k) Except as provided in rule 3701-13-06 of the Administrative Code, the board shall not license, register, or certify an applicant if the applicant has been convicted of a violation of rule 3701-13-05 of the Administrative Code.

(D) Training site:

(1) The training site shall comply with all the following:

(a) The training site shall be under the full-time supervision of a licensed nursing home administrator who qualifies as a preceptor. Full-time is defined as a minimum of thirty-five hours per week in the nursing facility. If the licensed nursing home administration splits time between multiple buildings, the AIT shall follow the preceptor to those sites, and those additional sites shall also be approved.

(b) The training site shall provide professional nursing care under the full-time supervision of a director of nursing who is a registered nurse. The director of nursing shall have at least two years' full-time experience as an RN in a nursing home or hospital.

(c) The training site shall be staffed and operated in accordance with all applicable local, state, and federal laws and rules. The administrator shall be asked to submit copies of all current survey reports.

(2) The internship shall only be served at the training site(s) approved by the board prior to the beginning of the program. An alternate training site is allowed on a temporary basis only for specific purposes (e.g., when such training cannot be provided at the approved site).

(E) Training plan: The training plan for internship in the AIT program shall provide documentation that the following requirements have been, or will be, met:

(1) A pre-training assessment of the applicant's background in terms of educational level, pertinent experience, maturity, motivation, and initiative has been made jointly by the applicant and the preceptor.

(2) Based on the pre-training assessment, the applicant and the preceptor have jointly developed a detailed goal-oriented training plan with adequate supporting documentation that relates educational objectives, subject areas of the core of knowledge in nursing home administration, training sites and/or agencies involved, estimated number of hours needed for mastering each objective, and total number of hours in the training plan.

(3) Supporting documentation for the training plan shall include preceptor's qualifications, the qualifications of the nursing director at the internship site(s), and a description of each internship site and the staff that is necessary to determine the site's adequacy to meet specific goals in the training plan.

(F) Training hours:

(1) An internship is approved for a set number of months and hours. Both the months and the hours apply, i.e., a nine-month, one-thousand-five-hundred- hour internship shall be completed over nine months and a total of one thousand five hundred hours. This applies to internships of all lengths.

(2) Time spent at the core of knowledge course does not count towards the hours required for the internship.

(3) The AIT is expected to serve the internship primarily between the hours of six a.m and six p.m, Monday to Friday, and serve a minimum of thirty-five hours per week. This does not preclude the AIT from training on weekends and second and third shifts. The preceptor is expected to be available to the AIT by phone but is not expected to work the varying shifts with the AIT.

(4) An AIT may be granted internship credit for up to ten days of jury duty, but if the days of jury duty exceed that number, the AIT shall request a leave of absence for the additional days and be required to make up the time. The board shall not unreasonably deny such request.

(5) Requests for reduction in internship hours are granted for two reasons: education and experience:

(a) Significant experience in a nursing facility is required in order to qualify for a three-month/five-hundred-hour reduction based upon experience. The AIT shall be able to demonstrate mastery of at least five-hundred-hours' worth of training plan knowledge specific to a nursing facility setting.

(b) The board shall review all requests for reduction.

(G) Evaluation:

(1) Monitoring: During an internship, the board may monitor the internship and may call for the AIT and preceptor into a conference with the board.

(2) AIT reporting:

(a) Each AIT shall file such periodic and summary reports as required by and in the format prescribed by the board.

(b) The AIT and the preceptor shall both sign, then file, each report required in paragraph (E)(1) of this rule with the board no more than ten days after the end of each reporting period.

(c) If an AIT fails to report to the board before the deadline in paragraph (E)(2) of this rule, the board may determine that the AIT abandoned the AIT program.

(3) Board determination: After the AIT completes an internship, the board shall determine if the AIT received training that complies with this rule before the board admits the AIT to licensure examination.

(H) Reciprocity: The board may grant credit towards the AIT program for an AIT's internship in another state's internship program if the AIT registers with the board no later than ninety days after he or she leaves the other state's training program.

(I) Preceptors:

(1) No preceptor shall be related by blood or marriage to the AIT.

(2) No preceptor shall have a personal financial interest in the licensure of an AIT.

(3) A preceptor shall not train his or her employer or supervisor.

(4) The AIT program is not responsible for any financial arrangements between an AIT and the preceptor/facility.

(5) At the discretion of the board, a licensed nursing home administrator may be approved by the board to supervise the practical training and experience of future nursing home administrators in the board-approved AIT program.

(6) Approval is temporary and shall be re-applied for prior to the start of each training program. If the board should determine that a nursing home administrator is unsatisfactory to serve as a preceptor, the board may withdraw its approval and deny future approval.

(7) The board shall base its approval on the following:

(a) Whether or not the administrator is in good standing with the board: has an active license, and any recent disciplinary action on record.

(b) Whether or not the administrator has successfully completed NAB's online preceptor training course.

(c) Whether or not the administrator has successfully mentored other AITs.

(d) The manner in which the administrator has administered the facility as documented by state inspections and certifications and any recent substandard care citations.

(e) A preceptor shall be a full-time nursing home administrator who has been licensed in and has practiced full-time in Ohio for a minimum of two years and shall have a current certificate of registration.

(8) The preceptor shall request permission from the board to train more than one AIT concurrently. There is a limit of two AITs per preceptor at any one time.

(9) The preceptor shall contact the board if problems arise that preclude the successful completion of the program by the AIT.

(10) The preceptor shall notify the board of any employment status changes potentially affecting the AIT's internship program.

(11) If a preceptor fails to provide the AIT an opportunity to follow and complete the board-approved training plan while the AIT is under the preceptor's supervision, the board may disqualify the preceptor from further service in the preceptor program.

(J) Adverse actions:

(1) If an AIT discontinues his or her internship in the approved internship site(s), the AIT and the preceptor shall report the AIT's discontinuance to the board before the tenth day after the discontinuance.

(2) The board may disqualify or disallow all (or part) of an internship period if the board determines that an AIT fails to serve an internship that complies with this rule.

(3) The board may terminate or rearrange all or part of the internship if, during an AIT's internship, the board determines that the internship is unsatisfactory.

(4) An AIT shall not serve in the capacity of a licensed nursing home administrator or assistant administrator. The board may disqualify the entire internship period of an AIT who serves in the capacity of a licensed nursing home administrator.

(5) If a preceptor fails to provide the AIT an opportunity for an adequate internship while the AIT is under his or her supervision, the board may disqualify the preceptor from further service in the AIT program.

(6) The board may deny an AIT admission for examination to become a licensed nursing home administrator if the AIT falsified or misrepresented facts on an application, documents that support an application, or in any periodic or summary reports on an internship.

(7) According to rule 4751-1-12 of the Administrative Code, the board may suspend or revoke a license if the administrator falsified or misrepresented facts on an application, documents that support an application, or in any periodic or summary reports on an internship.

(K) Non-party: Any financial arrangements between preceptor/facility and administrator-in-training are the joint responsibility of the parties involved and are not the responsibility of the board.

(L) Definitions for this rule:

"AIT application" means "'Form AIT' (Rev., January, 2017)."

"Employment status form" means "'Employment Status Form' (Rev., December, 2016)."

"Facility survey form" means "'Facility Survey Form' (Rev., December, 2016)."

"Fee transmittal sheet" means "'Fee Transmittal Sheet' (Rev., January, 2017)."

"Preliminary data for AIT program" means "'Preliminary Data for AIT Program' (Rev., October, 2015)."

"Report of conviction form" means "'Report of Conviction Form' (Rev., October, 2015)."

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Rule Amplifies: 4751.04 , 4751.043 ; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Prior Effective Dates: 09/29/1970, 10/01/1974, 06/01/2015

4751-1-10 Licenses and registrations.

(A) An applicant for a license as a nursing home administrator who has complied with the requirements of Chapter 4751. of the Revised Code and Chapter 4751-1 of the Administrative Code, including passing the examinations and paying the original license fee of two hundred fifty dollars, shall be issued a license certifying that such individual is entitled to practice as a licensed nursing home administrator under Chapter 4751. of the Revised Code, unless the board is prohibited from doing so pursuant to section 4751.12 of the Revised Code.

(B) Every licensee shall annually register with the board. The application for renewal shall contain such information as may be specified by the board, including, but not limited to, name, address, practice status, employer(s), place(s) of employment, hours of employment, job assignment and continuing education training taken during the annual period immediately preceding such application. The licensee shall complete the annual registration prior to the expiration date of the last issued certificate of registration in order to maintain continuing compliance with Chapter 4751. of the Revised Code.

(C) Annually, a minimum of twenty clock hours of approved continuing education, as set forth in rule 4751-1-13 of the Administrative Code, shall be required for renewal of registration of the nursing home administrator license. Failure to renew the certificate of registration prior to the expiration date invokes the penalty of additional hours of continuing education as set forth in paragraph (D) of this rule.

(D) The nursing home administrator whose certificate of registration has not been renewed by the expiration date shall complete an additional five clock hours of continuing education per calendar quarter, up to a maximum of twenty penalty hours.

(E) Any nursing home administrator who has not renewed his or her certificate of registration after one year of the expiration date is deemed to have abandoned practice of nursing home administration pursuant to division (E) of section 4751.07 of the Revised Code and shall re-apply for licensure as a nursing home administrator under the current requirements.

(F) The board shall issue a certificate of registration to each nursing home administrator who meets the requirements of Chapter 4751. of the Revised Code and Chapter 4751-1 of the Administrative Code unless the board is prohibited from doing so pursuant to section 4751.12 of the Revised Code. The certificate of registration may be issued by electronic means.

(G) The license of a nursing home administrator who fails to qualify for renewal prior to the expiration date of the certificate of registration shall automatically lapse and become invalid; practice of nursing home administration by the licensee subsequent thereto is in violation of sections 4751.02 and 4751.09 of the Revised Code, and subjects the licensee to proceedings against the licensee under the cited sections of the statute and/or under section 4751.10 of the Revised Code.

(H) Every individual holding a valid license entitling the individual to practice nursing home administration in this state shall display said license in the nursing home which is the individual's principal place of employment, and while engaged in the practice of nursing home administration shall have at hand the current certificate of registration.

(I) A nursing home administrator shall show the administrator's current certificate of registration to any of the following parties upon their request to see the certificate:

(1) An officer or employee of the board, or of the state, county or city health department, or other governmental agency that enforces laws or regulations on nursing homes or nursing home administrators;

(2) An employer in whose employ the licensee practices or intends to practice nursing home administration.

(J) Every individual holding a valid temporary license shall have such license at hand while engaged in the practice of nursing home administration.

Effective: 10/1/2016
Five Year Review (FYR) Dates: 07/12/2016 and 10/01/2021
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.04 , 4751.06, 4751.07, 4751.10
Prior Effective Dates: 01/01/1977, 02/20/1984, 01/01/1999, 6/1/14

4751-1-10.1 Timely renewal of certificate of registration.

(A) A licensee's renewal application is timely if the licensee submits the properly-completed application to the board via the mybeltss system (http://mybeltss.age.ohio.gov) or via mail before the expiration date on the licensee's certificate of registration.

(B) The board shall only consider a renewal application to be properly completed if the licensee meets all of the following conditions:

(1) The licensee answered all required questions on the application.

(2) The licensee completed at least twenty continuing education units (CEUs) that are approved by the board or the national association of boards of examiners of long-term care administrators.

(3) The licensee listed the continuing education courses and approval numbers in the renewal application.

(4) The licensee attached the continuing education certificates.

(5) The licensee has no more than the allowable number of

CEUs from self-study/distance learning/webinars.

(6) The licensee completed the electronic attestation agreement or signed the form and had it notarized.

(7) If renewing and/or paying by mail, the licensee's renewal application and/or payment was postmarked before the expiration date on the licensee's certificate of registration.

(C) The board publishes BELTSS form RA2015 (rev., 2015) as the renewal application. The form is readily available on http://www.beltss.ohio.gov/. It is the licensee's responsibility to obtain the form and file a timely renewal if he or she does not wish to renew online.

(D) Untimely renewals are subject to a penalty of five CEUs per quarter, up to a maximum of twenty penalty hours. Penalty hours are in addition to the twenty hours required annually for renewal. No more than ten CEUs in total may be from self-study/distance learning/webinar for both annual renewal and penalty CEUs combined.

(E) If the licensee does not meet the conditions in paragraphs (A) to (D) of this rule, the licensee's application is untimely and not valid. The licensee may not practice nursing home administration until all renewal conditions are met.

(F) The licensee shall renew the certificate of registration with the appropriate number of CEUs and payment of all renewal fees within one year of the expiration date listed on the certificate of registration, or the license shall be considered abandoned and the licensee shall reapply for licensure and the law in force at the time of such new application shall govern.

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Rule Amplifies: 4751.04 ; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Prior Effective Dates: 06/01/2014, 03/01/2017

4751-1-10.3 Licensing active-duty military personnel, veterans, and licensees accompanying active-duty spouses.

(A) Veterans:

(1) Veterans may request consideration of their military training and experience toward licensure requirements. Requests shall be made in writing (electronic requests are acceptable) and contain supporting documentation that the veteran wishes to have considered by the board. The veteran must demonstrate to the satisfaction of the board that the veteran's training is substantially equivalent to the training required for initial licensure.

(2) Veterans whose request for consideration of their military training and experience is denied by the board may request a personal appearance before the board. This request shall be made in writing. Electronic requests are acceptable.

(3) Veterans applying for initial licensure may qualify for a one-time only waiver of the initial license fee provided they served at least one year under honorable circumstances and were honorably discharged. Appropriate documentation must be submitted for consideration.

(4) The board's determination is final.

(B) Active-duty military personnel veterans, and licensees accompanying active-duty spouses:

(1) Active-duty military and spouses deployed outside the United States may have an extension of any requirement or fee until ninety days after their return from deployment. This extension may not last more than three years past the expiration date of the license, and the licensee may not practice as an LNHA until the license is renewed.

(2) The board may waive all or part of the normal CEU requirements for license renewal for active-duty military and spouses under an extension as described above if it determines that obtaining the CEUs would cause undue hardship. The licensee shall make a written request to the board within the extension period for consideration. Electronic requests are acceptable.

(3) The board may waive all or part of the annual license renewal fee at its sole discretion if it determines that enforcing the fee would cause undue hardship. The licensee shall request any such waiver in writing. Electronic requests are acceptable.

(4) Spouses of service members temporarily residing in the state due to their spouse's service may be granted a one-hundred-eighty-day temporary license provided that:

(a) The spouse was actively licensed in the previous/permanent state of residence;

(b) The spouse pays the specified fee (including examination fee if necessary);

(c) The spouse meets any other requirements established by the board.

(5) The temporary license may be extended by the board at its sole discretion. The licensee shall request any such extension in writing. Electronic requests are acceptable.

(6) The board may waive all or part of the temporary license fee at its sole discretion if it determines that enforcing the fee would cause undue hardship. The licensee shall request any such waiver in writing. Electronic requests are acceptable.

(7) The board's determination is final.

(C) Delegation of authority: The board may delegate its authority to act on request received in accordance with this program to the chairperson and executive secretary so that determinations can be made in a timely manner.

Effective: 8/1/2017
Five Year Review (FYR) Dates: 08/01/2022
Promulgated Under: 119.03
Statutory Authority: 4751.04, 5903.04 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708.
Rule Amplifies: 4751.04, 4751.06, 5903.03 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708, 431.710, 431.714.

4751-1-11 Temporary license.

(A) Upon request , a temporary license may be issued by the board for a period not to exceed one hundred eighty days to an individual temporarily filling the position of a nursing home administrator vacated by reason of death, illness, or such other cause as the board may deem sufficient to justify the issuance of such temporary license.

(B) An individual applying to the board for temporary licensure shall be required to furnish satisfactory evidence; namely, that the individual:

(1) Has a bachelor's degree from an accredited educational institution as defined in rule 4751-1-02 of the Administrative Code;

(2) Is at least eighteen years of age;

(3) Is of good moral character; and,

(4) Is suitable and fit to be licensed as a temporary nursing home administrator as evidenced by:

(a) Complying with paragraph (B) of rule 3701-17-07 of the Administrative Code;

(b) Absence of any physical or mental impairment that would be likely to interfere with the performance of the duties of a temporary nursing home administrator;

(c) Ability to understand and communicate general and technical information that is necessary to the temporary administration and operation of a nursing home;

(d) Ability to assume responsibilities for the temporary administration of a nursing home as evidenced by prior activities and prior service that are satisfactory to the board; and,

(e) Ability to relate the physical, psychological, spiritual, emotional and social needs of the persons being served in a nursing home to the temporary administration of the nursing home, and to create a climate that is necessary to meet the needs of the persons being served in the nursing home.

(f) Completion of a background check (BCI and FBI) with the results sent directly to the board's office.

(g) Completion of the "Report of Conviction Form" (10/2015), if applicable, available from the board office or atwww.beltss.ohio.gov.

(5) Except as provided in rule 3701-13-06 of the Administrative Code, the board shall not license, register, or certify an applicant if the applicant has been convicted of a violation of rule 3701-13-05 of the Administrative Code.

(C) An applicant for temporary licensure shall submit with the application a check or money order for the fee or pay the fee electronically as provided for in rule 4751-1-16 of the Administrative Code.

(D) No portion of the one-hundred-eighty-day period that is allowed for a temporary license shall fulfill any part of any internship requirement that is a condition precedent to admission to examination for licensure as a nursing home administrator.

(E) A temporary license may be revoked for any violation that is contained in section 4751.10 of the Revised Code or this chapter.

(F) The board may delegate its authority to review the applications for temporary licensure to its executive secretary in order that temporary licenses may be issued in emergency and hardship cases.

Effective: 8/1/2017
Five Year Review (FYR) Dates: 05/01/2017 and 08/01/2022
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708.
Rule Amplifies: 4751.01, 4751.02, 4751.04 , 4751.06 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708, 431.710.
Prior Effective Dates: 10/01/1974, 10/16/1983, 07/24/2011, 10/01/2015.

4751-1-12 Suspension, revocation, and disciplinary action.

For the purposes of this rule, an individual licensee who accepts the privilege of practicing nursing home administration in this state is subject to the supervision of the board.

(A) The license or certificate of registration, or both, or the temporary license of any individual who practices or offers to practice nursing home administration shall be revoked or suspended by the board under any one or more of the following situations:

(1) The individual is unfit or incompetent by reason of negligence, habits, or other causes.

(2) The individual purposely, knowingly, recklessly, and/or negligently violated any of the provisions of Chapter 4751. of the Revised Code or this chapter; or purposely, knowingly, recklessly, and/or negligently acted in a manner that was inconsistent with the health and safety of the persons being served in the nursing home in which the individual is the administrator.

(3) The individual has demonstrated by his or her actions, incompetence, untrustworthiness, dishonest practices or irresponsibility in the practice of nursing home administration.

(4) The individual is guilty of fraud or deceit in the practice of nursing home administration or in the individual's admission to such practice.

(5) The individual was convicted in a court of competent jurisdiction, either within or without this state, of a felony and/or failed to inform the board, in writing, within ten days of a conviction in a court of competent jurisdiction, either within or without this state, of a felony.

(6) The individual was convicted of a misdemeanor in a court of competent jurisdiction, either within or without this state, within the course and scope of the practice of nursing home administration and/or has failed to inform the board, in writing, within ten days of a conviction of a misdemeanor in a court of competent jurisdiction, either within or without this state, within the course of and scope of the practice of nursing home administration.

(7) The individual had any license or certification of registration denied, revoked, or suspended, or voluntarily surrendered any license or certificate of registration for any reason other than a failure to to renew, in Ohio or another state or jurisdiction.

(8) The individual failed to appear before the board or its designee after being notified in writing by the board, unless a reasonable extension has been requested in writing and granted by the board or its designee.

(9) The individual failed to inform the board, in writing, before ten days after a change in business or personal address.

(10) The individual failed to renew the annual certificate of registration in a timely manner as defined in rule 4751-1-10.1 of the Administrative Code.

(B) Any one or more of the following is prima facie evidence that a person is unfit or incompetent by reason of negligence, habits, or other causes to serve as a nursing home administrator:

(1) The individual fails to make good faith attempts, via methods of administrative management, to assure that the nursing home in which the individual is the administrator conforms with the provisions of pertinent statutes, codes, rules and regulations of the licensing or supervising authority or agency, federal, state or local, having jurisdiction over the operation and licensing of nursing homes;

(2) The individual habitually or excessively uses controlled substances, or other habit-forming drugs, alcohol, or other chemical substances to an extent that impairs the individual's ability to comply with Chapter 4751. of the Revised Code or this chapter.

(3) The individual fails to conform with the requirement imposed by paragraph (A) of rule 3701-17-08 of the Administrative Code.

(4) The individual fails to be responsible for planning, organizing, directing, and managing the operation of a nursing home in such manner to insure the safety, health and welfare of the persons being served in any facility under the administrator's supervision.

(5) The individual has a physical inability to serve as a nursing home administrator as evidenced by the statement of two licensed physicians.

(6) The individual has a mental incompetency as declared by a decree of any court.

(7) The individual willfully permitted the unauthorized disclosure of information relating to a person being served in a nursing home under the individual's administration.

(8) The individual was issued a lawful revocation or suspension by the duly constituted authorities of another state of any nursing home administrator's license which may have been issued said licensee by another state.

(9) The individual fails to cooperate in any investigation concerning allegations to the administrator's or another licensee's or registrant's license or registration.

(10) The individual fails to adhere to any conditions set forth in a board-approved adjudication order or consent agreement.

(C) Licensed nursing home administrators governed by Chapter 4751. of the Revised Code, and by this chapter, shall be disciplined in accordance with Chapters 4751. and 119. of the Revised Code.

Replaces: 4751-1-12

Effective: 10/1/2015
Five Year Review (FYR) Dates: 10/01/2020
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; Section 1908(c)(1) of the Social Security Act
Rule Amplifies: 4751.10, 4751.99 (cf. §§ 4751.02, 4751.09 ); Section 1908(c)(1) of the Social Security Act; 42 C.F.R. 431.712 (October 1, 2014 edition)
Prior Effective Dates: 10/01/1974

4751-1-13 Continuing education.

(A) As required in rule 4751-1-10 of the Administrative Code, nursing home administrators shall complete a minimum of twenty clock hours of approved continuing education each year in the fifteen-month period preceding renewal of the registration of the nursing home administrator license.

(1) An unlimited number of hours of continuing education may be completed from courses offered by preferred or certified continuing education training agencies or by NAB, with the exception of self-study courses. preferred providers are identified by a BELTSS approval number with the letter "P" in the middle. Certified providers are identified by a BELTSS approval number with the letter "C" in the middle.

(2) The board, in its sole discretion, shall determine the number of hours of self-study instruction which shall qualify to fulfill an administrator's annual requirement for continuing education. As used in this paragraph, "self-study instruction" means any course of instruction provided through online, self-study, live or recorded webinars, or other learning that is not provided in a classroom setting. Self-study courses are identified by a BELTSS approval number with an "SS" in the middle. Self-study hours are limited to ten per renewal, including any penalty hours accrued.

(3) NAB-approved courses are identified with an "in" or a "dl." An "in" means the continuing education occurred in a classroom setting. A "dl" means the continuing education is a self-study, webinar, or "distance learning."

(4) A college course may be used to meet the continuing education requirement if the course was completed at an accredited college or university, applies to a degree field, and applies to the practice of nursing home administration, as defined in rule 4751-1-02 of the Administrative Code; and if a grade of "C" or better was earned for the course.

(5) Teaching any course for approved continuing education, the core of knowledge, or a college course may also be used to meet the continuing education requirement. A college course must be taught at an accredited college or university and must apply to the practice of nursing home administration, as defined in rule 4751-1-02 of the Administrative Code. A letter or brochure from the course provider, or a letter from a university official, is required as poof of teaching the course.

(B) Continuing education credit prior to the last quarter of the previous registration anniversary year may not be accumulated from year to year.

(C) Continuing education courses may not be "split" between renewal periods. All of the hours granted for a course must be used on the same renewal.

(D) Continuing education courses that fulfill the requirements for annual renewal of the certificate of registration must be submitted to the board by the continuing education training agency conducting the educational activity, in accordance with rule 4751-1-08 of the Administrative Code. Board approval is granted to the continuing education training agency conducting the educational activity, not to the individual nursing home administrator.

(E) Certificates of attendance at continuing education courses, or other substantiating documentation, must be submitted by the nursing home administrator and be attached to the application for annual renewal of registration. An exact copy of the certificate or other documentation is acceptable. No documents will be returned. Online renewals require documents to be uploaded with the courses being declared.

(F) The board shall not accept continuing education credits toward the completion of a course or program that is not NAB-approved or BELTSS-approved, except that if an Ohio licensee lives in and/or practices in another state, the licensee may use that state's board-approved or state-healthcare-association-approved continuing education for license renewal. The BELTSS-established limit on the number of self-study CEU hours also applies to these renewals.

(G) The board requires that participants receive only full credit for attending a program. Partial credit may not be given to those attending only part of a program. If the provider grants credit for individual sessions as part of a larger conference or convention, the board shall accept these credits.

(H) College courses may be used to meet the continuing education requirement provided that all the following conditions are met:

(1) The course was taken at an accredited college or university.

(2) The course relates to the practice of nursing home administration.

(3) A grade of "C" or better was earned for the course.

(4) An official transcript is sent to the board directly from the college or university.

(5) A syllabus is provided along with the renewal application.

(6) The CEU conversion rate is ten continuing education hours for every one hour of quarter credit and fifteen continuing education clock hours for every one hour of semester credit.

(I) The board, in its own discretion, may waive or extend the continuing education requirement upon application for good cause. The board's determination to waive or extend the continuing education requirement is final.

Effective: 5/13/2018
Five Year Review (FYR) Dates: 1/18/2018 and 05/13/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Rule Amplifies: 4751.04 , 4751.043, 4751.044, 4751.07, 4751.08 ; 42
U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708, 431.714
Prior Effective Dates: 01/01/1977, 10/16/1983, 04/29/2004, 06/01/2015

4751-1-13.1 Continuing education unit waiver.

(A) Licensees may request a waiver of annual continuing education units required or an extension of the renewal period for continuing education compliance by using the "CEU Waiver Form" (07/2015) available from the board office or atwww.beltss.ohio.gov.

(B) All requests are considered and acted on by the board, in its sole discretion, on a case by case basis.

(C) All requests must be accompanied by a statement of inability to work, certified by a physician within sixty days of the onset of the illness or disability that prevents attendance at or participation in any continuing education functions.

(D) The board may issue partial waivers. The board will take the following into consideration, but this may not be an all-inclusive list:

(1) The extent to which the illness or disability prevents attendance at or participation in continuing education courses or functions.

(2) The licensee's attempt to gain continuing education. It is the board's expectation that all licensees attempt to complete continuing education requirements throughout the time period leading up to their renewal date.

(3) The length of the illness or disability.

(E) Waivers shall not be granted in excess of three consecutive renewal periods.

(F) Penalty CEUs do not accrue while a licensee is on a waiver, but will begin accruing on the first day of the first renewal period after the waiver expires as provided in paragraph (D) of rule 4751-1-10 of the Administrative Code. If the waiver request is denied, the licensee will be assessed penalty CEUs back to the original date of renewal.

(G) The board may waive all or part of the annual renewal fee at its sole discretion if it determines that enforcing the fee would cause undue hardship.

(H) Licensees may not practice while on waiver status.

(I) Licensees will be notified of the board's decision in writing. The board's decision is final.

Effective: 8/1/2017
Five Year Review (FYR) Dates: 08/01/2022
Promulgated Under: 119.03
Statutory Authority: 4751.04, 4751.07, 4751.08 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708.
Rule Amplifies: 4751.04, 4751.07, 4751.08 , 4751.10 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708, 431.714.

4751-1-14 Recognition of out-of state license.

(A) The board, in its discretion, and otherwise subject to the provisions of Chapter 4751. of the Revised Code and this chapter, may license a nursing home administrator if the administrator has a valid license issued by the proper authorities of any other state or political subdivision of the United States, upon payment of the required fee as provided in rule 4751-1-16 of the Administrative Code, provided:

(1) Such other state or subdivision of the United States maintained a system and standard of qualifications and examinations for a nursing home administrator license, which were substantially equivalent to those required in the state of Ohio;

(2) Applicant has at least nine to twelve months' experience as a nursing facility administrator, through an internship or actual experience;

(3) Applicant is familiar with Ohio's laws and rules relative to the licensure of the facility and to the licensure of the administrator and has successfully passed the board's examination on Ohio laws and rules each time that re-licensure is required;

(4) Applicant holds a valid license which has not been revoked in any state within three years of the time of application for licensure;

(5) Applicant's license has not been suspended in any state within one year of the time of application for licensure.

(B) The applicant must complete a background check (BCI and FBI) with the results sent directly to the board office.

(C) The applicant must compete a "Report of Conviction Form" (10/2015), if applicable, available from the board office or at www.beltss.ohio.gov.

(D) Except as provided in rule 3701-13-06 of the Administrative Code, the board shall not license, register, or certify a applicant if the applicant has been convicted of a violation of rule 3701-13-05 of the Administrative Code.

(E) If the applicant meets all of the requirements in paragraphs (A) to (D) of this rule and is also a certified administrator in good standing with the American college of health care administrators, or a health services executive, the executive secretary of the board may issue the license, registration, or certification without prior board approval. The issuance shall be presented for the board's ratification at the next meeting of the board. As used in this paragraph, "health services executive" means an individual who has successfully completed board-approved core studies and examinations covering common competencies across service lines, including skilled nursing, assisted living, and home and community-based services and who meets the requirements established by the national association of long-term care administrator boards.

(F) If the applicant's administrative experience is less than the board's requirement, the board may require the applicant to complete an internship and the core of knowledge class to reach the equivalent experience required.

Effective: 8/1/2017
Five Year Review (FYR) Dates: 05/01/2017 and 08/01/2022
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708.
Rule Amplifies: 4751.01(D), 4751.08 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708, 431.712.
Prior Effective Dates: 10/01/1974, 10/16/1983, 01/01/1999, 06/01/2014, 10/01/2015.

4751-1-15 Relicensure.

(A) The board, in its discretion, and otherwise subject to the provisions of Chapter 4751. of the Revised Code and this chapter, may relicense a nursing home administrator whose Ohio license has not been abandoned upon payment of the required fee as provided in rule 4751-1-16 of the Administrative Code, provided:

(1) The applicant meets Ohio's current minimum qualifications;

(2) The applicant makes application to the board;

(3) The applicant successfully completes both the Ohio and national NAB exams;

(4) The applicant pays the fee as outlined in rule 4751-1-16 of the Administrative Code.

(B) The applicant must complete a background check (BCI and FBI) with the results sent directly to the board office.

(C) The applicant must complete a "Report of Conviction Form" (10/2015), if necessary, available from the board office or at www.beltsss.ohio.gov.

(D) Except as provided in rule 3701-13-06 of the Administrative Code, the board shall not license, register, or certify an applicant if the applicant has been convicted of a violation of rule 3701-13-05 of the Administrative Code.

Effective: 8/1/2017
Five Year Review (FYR) Dates: 08/01/2022
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708.
Rule Amplifies: 4751.04 , 4751.11 ; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708.

4751-1-16 Fees.

Fees provided for throughout Chapter 4751-1 of the Administrative Code shall be published by the board on a fee schedule in the amounts allowable under Chapter 4751. of the Revised Code. Said fees are to be paid electronically or by check or money order made payable to "Treasurer, State of Ohio." All fees are to be transmitted to the office of the board.

(A) Administrator-in-training application fee: fifty dollars.

(B) Endorsement of out-of-state license fee: one hundred fifty dollars.

(C) Temporary license fee: one hundred dollars.

(D) Annual registration fee: three hundred dollars.

(E) Duplication/replacement fee: twenty-five dollars.

(F) Original license fee: two hundred fifty dollars.

(G) Continuing education unit provider fee: schedule provided in rule 4751-1-08 of the Administrative Code.

Effective: 4/16/2018
Five Year Review (FYR) Dates: 1/18/2018 and 04/16/2023
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Rule Amplifies: 4751.04 , 4751.043, 4751.044, 4751.05, 4751.06, 4751.07, 4751.08 ; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707
Prior Effective Dates: 09/29/1970, 01/01/1977, 10/16/1983, 01/01/1999, 06/01/2014, 03/01/2017

4751-1-17 Personal information systems.

(A) The board secretary shall be responsible for each personal information system maintained by the board . Said employee shall:

(1) Inform other employees who have any responsibility for the operation, maintenance, or use of personal information maintained in the system, of the applicable provisions of Chapter 1347. of the Revised Code and this chapter; and,

(2) Inform an individual who is asked to supply personal information for a system whether the individual is legally required to, or may refuse to, supply the information; and,

(3) Assure that only that personal information which is necessary and relevant to the functions of the board as required or authorized by statute or rule is collected and maintained; and,

(4) Upon the request and the proper identification of the individual, allow the individual who is the subject of a record in a personal information system to inspect the record pursuant to section 1347.08 of the Revised Code. The employee shall:

(a) Inform the individual of any personal information in the system of which the individual is the subject;

(b) Except for investigative files or trial preparation files, as provided for in division (E)(2) of section 1347.08 of the Revised Code, permit the individual, the individual's legal guardian, or an attorney who presents a signed, written authorization made by the individual to inspect all personal information in the system of which the individual is the subject;

(c) Inform the individual about the types of uses made of the personal information, including the identity of any user who is usually granted access to the system;

(d) Allow a individual who wishes to exercise a right provided by paragraph (A)(4) of this rule to be accompanied by another individual of his or her choice;

(e) Provide, upon request, copies of any personal information that the individual is authorized to inspect. Reasonable charges are made for providing requested copies, that shall not exceed the cost of copying.

(5) Investigate disputes to the accuracy, relevance, timeliness or completeness of personal information pursuant to section 1347.09 of the Revised Code.

(B) The board shall reprimand in writing any employee who initiates or contributes to any disciplinary or punitive action against any individual who brings to the attention of appropriate authorities, the press, or any member of the public, evidence of unauthorized use of information contained in the system. A copy of such reprimand shall be entered in the employee's personnel file.

(C) The board shall monitor the accuracy, relevance, timeliness, and completeness and in accordance with procedures, maintain information that is necessary to assure fairness in any determination made with respect to an individual on the basis of the information, eliminating information that is no longer necessary; and,

If an individual who is the subject of a personal information disputes the accuracy, relevance, timeliness or completeness of the information and requests the board to investigate the current status of the information, the board shall:

(1) Within ninety days after receiving the request, make a reasonable investigation to determine whether the disputed information is accurate, relevant, timely, and complete; and,

(2) Notify the disputant of the results of the investigation and of the action the board plans to take with respect to the disputed information; and,

(3) Delete any information that it cannot verify or that it finds to be inaccurate; and,

(4) Permit the disputant, if unsatisfied with the board's determination, to include within the system:

(a) A brief statement of the disputant's position on the disputed information, such statement being limited to one hundred words with the board assisting the disputant to write a clear summary of the dispute; or,

(b) A notation that the disputant protests that the information is inaccurate, irrelevant, outdated, or incomplete, with the board maintaining a copy of the disputant's statement of the dispute.

(D) The board shall not place personal information into an interconnected and combined system, unless such system will contribute to the efficiency of the involved agencies in implementing programs that are authorized by law.

Effective: 10/1/2015
Five Year Review (FYR) Dates: 06/30/2015 and 10/01/2020
Promulgated Under: 119.03
Statutory Authority: 1347.05
Rule Amplifies: 1347.
Prior Effective Dates: 10/16/1983