Chapter 4751-1 General Provisions

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

(A) Prior to the proposed adoption, amendment or rescission of any rule by the board, public notice thereof shall be given at least thirty days prior to the date set for the public hearing thereon, by publication of that notice in the Register of Ohio. Such notice shall include a statement of the board's intention to consider adopting, amending, or rescinding a rule; a synopsis of the proposed rule, amendment, or rule to be rescinded or a general statement of the subject matter to which the proposed rule, amendment or rescission relates; a statement of the reason or purpose for adopting, amending, or rescinding the rule; and the date, time, and place of the public hearing on said proposed action.

(B) The board may give whatever other notice it reasonably considers necessary including, but not limited to, the following:

(1) The board shall post the notice of the public rules hearing on the board's web site. The board may also post the full text of the proposed rules on its web site.

(2) The board may maintain a mailing list of all persons who have made a prior written request to receive a copy of each public notice provided for in paragraph (A) of this rule, and copies of such notices shall be sent by regular mail or electronic mail to each person on the mailing list at least thirty days prior to the date set for the hearing. Upon request, the board shall also promptly send a copy of any notice provided for in paragraph (A) of this rule by regular mail or electronic mail to any person not appearing on its mailing list. The board may assess a reasonable fee, not to exceed the cost of copying and mailing, for notices sent to persons in accordance with this rule.

(3) Copies of the notice of the public rules hearing and the full text of the proposed rules shall be available at the board's offices at least thirty days prior to the date of the public rules hearing.

(C) Prior to the effective date of a rule, amendment, or rescission, the board shall make a reasonable effort to inform those affected by the rule, amendment, or rescission. The method of notification may include posting the full text of the rule as adopted or amended on the board's web site, publishing the rules in the board's newsletter, and/or sending by regular mail or electronic mail a notice of the action to all persons whose name appears on the mailing list maintained by the board pursuant to paragraph (A) of this rule, or to any person or his attorney who provided evidence, oral testimony, and/or a written statement which were made part of the record of the public hearing held pursuant to section 119.03 of the Revised Code. The board may assess a reasonable fee, not to exceed the cost of copying and mailing, for notices sent to persons in accordance with this rule.

Replaces: 4751-1-01

R.C. 119.032 review dates: 01/31/2011 and 01/31/2016
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.04
Prior Effective Dates: 10/16/1983, 10/15/07

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.

"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 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, as defined in this rule, that an administrator takes to maintain professional competency to practice nursing home 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 approved by the board to fulfill the requirements for pre-licensure education or for continuing education.

"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 successfully completed a board-approved core examination covering common competencies across service lines, including skilled nursing, assisted living, and home and community-based services.

"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."

"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 or extended care facility.

"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."

"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.

"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."

"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.

Replaces: 4751-1-02

Effective: 6/1/2015
Five Year Review (FYR) Dates: 06/01/2020
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; Section 1902(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707 (a) (October, 2014 edition)
Rule Amplifies: Chapter 4751. of the Revised Code; Section 1902(e)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.701 (October, 2014 edition)
Prior Effective Dates: 10/1/74, 1/1/77, 02/20/1984, 04/29/2004, 1/15/06

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 board members constitutes a quorum.

(B) Simple majority: The affirmative vote of a majority of the 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 board members.

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

(E) Special meetings:

(1) The board chairperson or a majority of 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 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 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.

Replaces: 4751-1-04

Effective: 06/01/2014
R.C. 119.032 review dates: 06/01/2019
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.03
Prior Effective Dates: 9/29/70, 10/1/74, 01/01/1977, 10/16/1983

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 paragraph (L) of 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;

(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 paragraph (C) of rule 4751-1-02 of the Administrative Code; or

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

(6) The applicant has met the qualifying administrative experience requirements, as defined in paragraph (Y) of 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 in a related health care profession, the requirement is six months (one thousand hours) of full-time internship in an approved internship site;

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

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

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

(f) With a master's or higher degree in a related health care profession, the requirement is three months (five hundred hours) full-time internship in an approved internship site;

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

(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) Any person whose registration in the administrator-in-training program has been approved prior to the effective date of these rules shall be eligible for admission to examination under the conditions of rules 4751-1-05 and 4751-1-09 of the Administrative Code in effect on the date of approval of said registration.

(D) 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.

(E) 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.

(F) 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.

(G) 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: 6/1/2015
Five Year Review (FYR) Dates: 03/11/2015 and 06/01/2020
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 (October, 2014 edition)
Rule Amplifies: 4751.05 ; Section 1908(c) of the Social Security Act; 42 C.F.R. 431.707 (October, 2014 edition)
Prior Effective Dates: 10/01/1974, 01/01/1977, 02/20/1984, 04/22/1986, 06/01/2014

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 this rule, shall successfully pass a written or oral examination or a combination thereof which shall include the following subject areas:

Core of knowledge in nursing home administration

(A) Applicable standards of environmental health and safety:

(1) Hygiene and sanitation

(2) Communicable diseases

(3) Management of isolation

(4) The total environment (noise, color, orientation, stimulation, temperature, lighting, air circulation)

(5) Elements of accident prevention

(6) Special architectural needs of those residing in nursing homes

(7) Drug handling and control

(8) Safety factors in oxygen usage

(B) Pertinent federal, state and local health and safety laws and rules.

(C) General administration:

(1) Facility administration

(2) Planning, organizing, directing, controlling, staffing, coordinating and budgeting

(3) Human relations

(a) Management/employee interrelationships

(b) Employee/employee interrelationships

(c) Employee interrelationships with the persons served

(d) Employee/family interrelationships

(4) Training of personnel

(a) Training of employees to become sensitive to the needs of the persons served

(b) Ongoing in-service training/education

(D) Psychology of care:

(1) Anxiety

(2) Depression

(3) Drugs, alcohol and their effect

(4) Motivation

(5) Separation reaction

(E) Principles of medical care:

(1) Anatomy and physiology

(2) Psychology

(3) Disease recognition and prevention

(4) Disease processes

(5) Nutrition

(6) Aging processes

(7) Medical terminology

(8) Materia medica (pharmacology)

(9) Medical social service

(10) Utilization review

(11) Professional and medical ethics

(F) Personal and social care:

(1) Care planning

(2) Activity programming

(a) Participation of the persons served

(b) Recreation

(3) Environmental adjustment - interrelationship between the persons served and:

(a) Other persons served

(b) Staff (staff sensitivity to the needs of the person served as a therapeutic function)

(c) Family and friends

(d) Administrator

(e) Management (self-government/ resident council)

(4) Rehabilitation and restorative activities

(a) Training in activities of daily living

(b) Techniques of group therapy

(5) Interdisciplinary interpretation of individuals' care to:

(a) The person served

(b) The staff

(c) The family

(G) Therapeutic and supportive care and services in long-term care:

(1) Individual care planning as it embraces all therapeutic care and supportive services

(2) Meaningful observations of behavior as related to overall care

(3) Interdisciplinary evaluation and revision of care plans and procedures

(4) Unique aspects and requirements of geriatric care

(5) Professional staff interrelationships with individual's physician

(6) Professional ethics and conduct

(7) Rehabilitative and remotivational role of individual therapeutic and supportive services

(8) Psychological, social and religious needs, in addition to physical needs of the persons served

(9) Need for dental services

(H) Departmental organization and management

(1) Criteria for coordinating establishment of departmental and unit objectives

(2) Reporting and accountability of individual departments to administrator

(3) Criteria for departmental evaluation (nursing, food service, therapeutic services, maintenance, housekeeping)

(4) Techniques of providing adequate professional, therapeutic, supportive and administrative services

(5) The following departments may be used in relating matters of organization and management:

(a) Nursing

(b) Housekeeping

(c) Dietary

(d) Laundry

(e) Pharmaceutical services

(f) Social services

(g) Business office

(h) Recreation

(i) Medical records

(j) Admitting

(k) Physical therapy

(l) Occupational therapy

(m) Medical and dental services

(n) Laboratories

(o) X-ray

(p) Maintenance

(I) Community interrelationships:

(1) Community medical care, rehabilitative and social services resources

(2) Other community resources

(a) Religious institutions

(b) Schools

(c) Civil and voluntary service agencies

(d) Government agencies

(3) Third-party payment organizations

(4) Comprehensive health planning agencies

(5) Volunteers and auxiliaries

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
Prior Effective Dates: 09/29/1970, 10/01/1974

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 three categories of continuing education training agencies:

(1) Preferred: A continuing education training agency that has been certified for at least one year 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; or, a statewide, national association, or professional society relating to nursing home administration.

(3) Limited: A continuing education training agency that is not affiliated with colleges, universities, government agencies, or associations, but offers continuing education programs for no more than six credit hours per course and notifies participants that it has a limited training agency status.

(C) 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.

(D) 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.

(E) 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.

(F) Definitions for this rule:

"BELTSS form E-1" means "BELTSS Form E-1 ('Application for Registration as a Provider of Continuing Education Courses') (Rev., September, 2014)."

"BELTSS form E-2" means "BELTSS Form E-2 ('Application for Approval of Continuing Education Courses') (Rev., September, 2014)."

"Sixty-day waiver request form" means "'60-Day Waiver Request Form' (September, 2013)."

Replaces: 4751-1-08

Effective: 6/1/2015
Five Year Review (FYR) Dates: 06/01/2020
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; Section 1902(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707 (October, 2014 edition)
Rule Amplifies: 4751.04 ; Section 1902(c)(2) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.714 (October, 2014 edition)
Prior Effective Dates: 04/22/1986, 06/14/1989 (Emer.), 09/22/1989, 07/24/2011

4751-1-08.1 Training agency approval.

(A) A training agency for continuing education shall apply for either preferred, certified, or limited provider status as defined by the board.

(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 three months prior to the date of the first scheduled program offering, submit a completed application on BELTSS form E-1 (rev., 2013). 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 (A)(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) Prominently display its provider number and the license renewal requirement to which the program will apply on all promotional literature;

(f) 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.

(g) Assume responsibility for the quality of any program presented under its provider number;

(h) Ensure that all continuing education programs are open and offered to the public ;

(i) 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) 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.

(4) 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: 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
Prior Effective Dates: 01/01/1999

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 eight requirements:

(a) The applicant is at least eighteen 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.

(D) 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.

(E) 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 (D)(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 (D)(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.

(F) Reciprocity: The board may grant credit towards the AIT program for an AIT's internship in another state's internship program if the following two conditions are met:

(1) The AIT registers with the board no later than sixty days after he or she leaves the other state's training program.

(2) A reciprocity agreement between Ohio and the other state is in effect for the AIT program.

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

(H) 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.

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.

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

(J) Definitions for this rule:

"AIT application" means "'Form AIT' (Rev., October, 2013)."

"Employment status form" means "'Employment Status Form' (Rev., December, 2014)."

"Facility survey form" means "'Facility Survey Form' (Rev., December, 2014)."

"Fee transmittal sheet" means "'Fee Transmittal Sheet' (Rev., October, 2013)."

"Preliminary data for AIT program" means "'Preliminary Data for AIT Program' (Rev., October, 2013)."

Replaces: 4751-1-09

Effective: 6/1/2015
Five Year Review (FYR) Dates: 06/01/2020
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; Section 1902(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707 (October 1, 2014 edition)
Rule Amplifies: 4751.04 ; Section 1902(c)(2) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707 (October 1, 2014 edition)
Prior Effective Dates: 9/29/70, 10/1/74

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.

(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: 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, 4751.07, 4751.10
Prior Effective Dates: 01/01/1977, 02/20/1984, 01/01/1999

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 with a postmark that occurs 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 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 maximum-allowable number of continuing education units from "limited" providers or from self-study/distance learning/webinars.

(6) The licensee signed the form and had it notarized.

(C) The board publishes BELTSS form RA2013 (rev., 2013) 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 receive a renewal application via mail.

(D) Untimely renewals are subject to a penalty of five continuing education units per quarter, up to a maximum of twenty penalty hours. Penalty hours are in addition to the twenty hours required annually for renewal.

(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 continuing education units 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: 06/01/2014
R.C. 119.032 review dates: 06/01/2019
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.04, 4751.06, 4751.07, 4751.10

4751-1-11 Temporary license.

(A) Upon request of the operator of a nursing home, 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 applicant:

(1) Has graduated from an accredited college and holds a bachelor's degree;

(2) Is at least eighteen years of age;

(3) Is of good moral character;

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

(a) Presence of good health and freedom from communicable disease;

(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 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 satisfactory to the board;

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

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

(D) No portion of the one-hundred-eighty-day period allowed for a temporary license will be recognized as fulfilling any part of any internship requirement which 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 contained in section 4751.10 of the Revised Code, and these rules.

(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: 07/24/2011
R.C. 119.032 review dates: 01/28/2011 and 01/31/2016
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.06
Prior Effective Dates: 10/1/1974, 10/16/83

4751-1-12 Suspension or revocation of license.

(A) The board shall suspend or revoke the license or certificate of registration, or both, or the temporary license of a nursing home administrator if such licensee or temporary licensee:

(1) Has willfully or repeatedly violated any of the provisions of chapter 4751. of the Ohio Revised Code or the rules adopted thereunder; or

(2) Has willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients of the nursing home in which he is the administrator; or

(3) Is guilty of fraud or deceit in the practice of nursing home administration or in his admission to such practice; or

(4) Has been convicted in a court of competent jurisdiction, either within or without this state, of a felony; or

(5) Is unfit or incompetent by reason of negligence, habits, or other causes.

(B) The following shall be deemed prima facie examples of those activities which demonstrate that a person is unfit or incompetent by reason of negligence, habits, or other causes to serve as a nursing home administrator:

(1) Failure to make good faith attempts, via methods of administrative management, to assure that the nursing home in which he 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) Dependency upon or addiction to the use of alcoholic beverages or drugs regulated by the local, state and Federal Narcotics Law;

(3) Failure to conform with the requirement imposed by rule 3701-17-08(A) or the sanitary code.

(4) Failure 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 patients in any facility under his supervision;

(5) Physical inability to serve as a nursing home administrator as evidenced by the statement of two licensed physicians;

(6) Mental incompetency declared by a decree of any court;

(7) Willfully permitting unauthorized disclosure of information relating to a patient in a nursing home under his administration;

(8) 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.

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

(D) Proceedings leading to suspension or revocation of the license or certificate of registration, or both, or the temporary license of a nursing administrator shall be instituted by the board or shall be begun by filing with the board charges in writing and under oath.

R.C. 119.032 review dates: 01/31/2011 and 01/31/2016
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 4751.10
Prior Effective Dates: 10/1/1974

4751-1-13 Continuing education.

(A) There are three levels of continuing education training agencies:

(1) Preferred: A continuing education training agency that has been certified for at least one year 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; or, a statewide, national association, or professional society relating to nursing home administration.

(3) Limited: A continuing education training agency that is not affiliated with colleges, universities, government agencies, or associations, but offers continuing education programs for no more than six credit hours per course and notifies participants that it has a limited provider status.

(B) As required in paragraph (C) of 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.

(2) A maximum of six hours of continuing education may be completed from courses offered by limited continuing education training agencies.

(3) 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.

(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.

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

(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 at the same time as and be attached to the form for application for annual renewal of registration. An exact copy of the certificate or other documentation is acceptable. No documents will be returned.

(F) The board shall not offer continuing education credits toward the completion of a course or program that is not NAB-approved or board-approved.

(G) 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 the continuing education requirement is final.

Replaces: 4751-1-13

Effective: 6/1/2015
Five Year Review (FYR) Dates: 06/01/2020
Promulgated Under: 119.03
Statutory Authority: 4751.04, 4751.07, 4751.08 ; Section 1902(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707 (October 1, 2014 editi
on) Rule Amplifies: 4751.04, 4751.07, 4751.08 ; 42 C.F.R. 431.707, 431.714 (October 1, 2014 edition)
Prior Effective Dates: 01/01/1977, 10/16/1983, 04/29/2004

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 Chapter 4751-1 of the Administrative Code, may license, without general examination, 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) That 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; and

(2) That such 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; and

(3) That such applicant holds a valid license which has not been revoked in any state within three years of the time of application for licensure; and

(4) That such applicant's license has not been suspended in any state within one year of the time of application for licensure.

(B) If the applicant meets all of the requirements in paragraph (A) of this rule and is also a certified administrator in good standing with the American college of health care administrators, the executive secretary of the board may issue the license without prior board approval. The issuance shall be presented for the board's ratification at the next meeting of 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, 4751.08
Prior Effective Dates: 10/01/1974, 10/16/01983, 01/01/1999

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 by check or money order and 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) Licensure examination fee: one hundred fifty dollars.

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

(D) Temporary license fee: one hundred dollars.

(E) Annual registration fee: three hundred dollars.

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

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

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, 4751.05, 4751.06, 4751.07, 4751.08
Prior Effective Dates: 09/29/1970, 1/1/1977, 10/16/1983, 01/01/1999

4751-1-17 Personal information systems.

(A) The board secretary shall be responsible for each personal information system maintained by the board of examiners of nursing home administrators. 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 the rules adopted thereunder; and

(2) Inform a person who is asked to supply personal information for a system whether the person 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 person, allow the person 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 person of any personal information in the system of which he 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 person, his legal guardian, or an attorney who presents a signed, written authorization made by the person to inspect all personal information in the system of which he is the subject;

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

(d) Allow a person who wishes to exercise a right provided by this paragraph to be accompanied by another individual of his choice;

(e) Provide, upon request, copies of any personal information the person is authorized to inspect. Reasonable charges are made for providing requested copies, not to exceed 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 a person on the basis of the information, eliminating information that is no longer necessary; and

If a person 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 he is not satisfied with the board's determination, to include within the system:

(a) A brief statement of his 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.

R.C. 119.032 review dates: 01/31/2011 and 01/31/2016
Promulgated Under: 119.03
Statutory Authority: 4751.04
Rule Amplifies: 1347.05
Prior Effective Dates: 10/16/1983