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This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and universities.

Chapter 4751-1 | General Provisions

 
 
 
Rule
Rule 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.

Supplemental Information

Authorized By: 4751.04
Amplifies: 119.03
Five Year Review Date: 8/17/2025
Rule 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 a nationally or regionally recognized accrediting agency by the United States department of education. Please visit the "Database of Accredited Postsecondary Institutions and Programs" (https://ope.ed.gov/dapip/#/home) for a comprehensive list (national and regional accredited agencies only). Accreditation must have been active at the time of the applicant's graduation date.

"Active duty service member" means any member of the armed forces of the United States performing active duty under Title X of the U.S.C.

"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.

"Applicant" means an individual who applies to the board for a license, temporary license, and administrator-in-training program, renewal, or relicensure to practice as a licensed nursing home administrator.

"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.

"Armed forces" means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve components of those forces; the national guard of any state; the commissioned corps of the United States public health service; the merchant marine service during wartime such other service as may be designated by congress; or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

"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.

"Merchant marine" includes the United States army transport service and the United States naval transport service.

"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 rules 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 member" means any person who is serving in the armed forces.

"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 an administrator-in-training" means that supervision of the AIT must occur full time and in-person at the training site(s) or other board-approved location. The preceptor must be present in the training site(s) on average for a minimum of thirty-five hours per week for the Board's requirement of supervision of the AIT to be met. Virtual supervision such as internet meetings and phone calls are not counted as full time supervision of the AIT without prior board approval in writing.

"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; 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 licensees 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.

"Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

Last updated February 1, 2022 at 9:07 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 430.707(a)
Amplifies: R.C. Chapter 4751; 42 U.S.C. 1396g; 42 C.F.R. 431.701
Five Year Review Date: 2/1/2027
Prior Effective Dates: 1/15/2006
Rule 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 retain the board's financial records.

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

(k) 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.

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.02; 42 U.S.C. 1396g(c)
Five Year Review Date: 1/1/2025
Prior Effective Dates: 9/29/1970
Rule 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 therefore, 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.

Last updated February 1, 2022 at 9:07 AM

Supplemental Information

Authorized By: 4751.04
Amplifies: 4751.03
Five Year Review Date: 2/1/2027
Prior Effective Dates: 9/29/1970, 6/1/2014
Rule 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 twenty-one years of age;

(2) 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.

(3) 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;

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

(a) The core of knowledge course as described in rule 4751-1-05.1 of the Administrative Code; 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.

(5) 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's degrees.

(6) 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. The board shall comply with section 9.79 of the Revised Code.

(7) 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 the applicant 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 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.

(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.

Last updated February 1, 2022 at 9:07 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708
Amplifies: 4751.15; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Five Year Review Date: 2/1/2027
Prior Effective Dates: 10/1/1974, 4/22/1986
Rule 4751-1-05.1 | Core of knowledge in nursing home administration.
 

(A) The core of knowledge in nursing home administration consists of one hundred hours of clock hours of academic directed study in core of knowledge of subject material described in rule 4751-1-06 of the Administrative Code, of which no more than twenty hours may be distance learning or home study of any kind. During the COVID pandemic, the core of knowledge in nursing home administration may be held virtually/distance learning upon a board action declaring distance learning is necessary.

(B) Training agencies wishing to provide the core of knowledge class must apply and be approved through the training agency approval process as defined in rules 4751-1-08 and 4751-1-08.1 of the Administrative Code. All core of knowledge classes must be reviewed by the continuing education committee and have approval granted by the board.

(C) Administrator-in-training applicants for licensure shall complete the core of knowledge course prior to being allowed to take the examinations.

(1) The core of knowledge requirement may be met before, during, or after the internship.

(2) Hours spent at the core of knowledge do not count toward the internship hours required for licensure.

(3) The core of knowledge is not a preparatory course for the national or state exams.

(4) The core of knowledge contains vital information which will help prospective licensees become successful nursing home administrators.

(5) The core of knowledge course also provides valuable networking opportunities, which may have a positive impact on licensees' careers.

(D) The board or its designee shall approve providers of the core of knowledge course based on:

(1) Adherence to the subject material according to the exam content outline, created, as enacted, amended, or hereinafter named by the national association of long-term care administrator boards.

(2) Successful completion of the continuing education training agency approval process as defined in rules 4751-1-08 and 4751-1-08.1 of the Administrative Code.

(3) The review of speaker qualifications.

(E) The fee for training agencies providing the core of knowledge will be based on the training agency's education provider category as set forth in rule 4751-1-08 of the Administrative Code.

Last updated January 21, 2022 at 9:49 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708
Amplifies: 4751.15; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708
Five Year Review Date: 11/10/2026
Rule 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 chapter, shall successfully pass a written or oral examination or a combination thereof which shall include, but not be limited to, the national association of long-term care administrator boards' exam content outline, as enacted or hereinafter amended, and approved by the board of executives of long-term services and supports. The most current exam content outline may be found on the national association of long-term care administrator boards' website, www.nabweb.org. The Ohio state examination, based on Ohio's laws and rules, is also required.

Last updated February 1, 2022 at 9:08 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708
Amplifies: 4751.15; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708
Five Year Review Date: 2/1/2027
Prior Effective Dates: 9/29/1970
Rule 4751-1-07 | Examination and passing grade.
 

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

(B) The board shall accept the passing grade which is set by NAB for each section of the examination separately, and shall apply such grade uniformly to all applicants 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 a required examination constitutes failure to pass that examination. The applicant shall be required to repeat the section or sections previously failed. The applicant must submit a new application to test which shall be approved by the board prior to retesting.

(E) If an applicant fails three times to attain a passing grade on any of the examinations, the applicant is no longer eligible to sit for the examinations 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.

Supplemental Information

Authorized By: 4751.04
Amplifies: 4751.04, 4751.06
Five Year Review Date: 2/17/2024
Rule 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 affiliate, or other training agency, 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) The board's continuing education committee shall evaluate all provider applications. The board shall notify applicants of their provider approval status.

(E) The board's continuing education committee shall evaluate all continuing education programs. The board shall notify applicants of their provider approval status.

(F) 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.

(G) 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.

(H) 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 calendar 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.

(I) 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)."

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.04, 4751.043, 4751.044; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708, 431.714
Five Year Review Date: 2/17/2024
Prior Effective Dates: 4/22/1986, 9/22/1989, 7/24/2011
Rule 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.

(f) The programs are conducted solely by the organization named in the application and may not be used as approval for programs conducted in whole or in part by any other organization.

(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.

(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 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.

(m) Be significantly involved in planning the program, approving the program's content, speaker qualification, and relevance to the domains of practice.

(n) Prove a staff member or designee who is not the presenter or the sponsor to be present at the program to monitor the course, the sign-in and sign-out sheets, collect the surveys, control the continuing education certificates at all times, and distribute the continuing education certificates.

(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) Preferred and certified providers shall not submit courses for other organizations or persons that are not providers of the board. Any agency or person wishing to provide a continuing education program shall seek provider approval status directly from the board. Preferred providers shall not submit courses for any other provides to give the course preferred provider status.

(6) To conduct or provide a course or program means to make it available to the public, following the criteria outlined in paragraph (B) of this rule.

(7) 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.

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.04; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Five Year Review Date: 2/17/2024
Prior Effective Dates: 1/1/1999, 4/16/2018
Rule 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 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.

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

(d) 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.

(e) 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.

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

(g) 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.

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

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

(j) The board, in accordance with section 9.79 of the Revised Code, has determined that the results of the background check do not make the individual ineligible for the license.

(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., March 2020)."

Last updated February 1, 2022 at 9:08 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.04, 4751.043; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Five Year Review Date: 2/1/2027
Prior Effective Dates: 9/29/1970, 4/16/2018
Rule 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 4751.35 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 rules 4751-1-10.1 and 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 fifty dollars per calendar quarter up to a maximum of four quarters or two hundred dollars.

(D) 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 (C) of section 4751.24 of the Revised Code and shall re-apply for licensure as a nursing home administrator under the current requirements.

(E) 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 4751.35 of the Revised Code. The certificate of registration may be issued by electronic means.

(F) 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 4751.01 and 4751.32 of the Revised Code, and subjects the licensee to proceedings against the licensee under the cited sections of the statute and/or under section 4751.32 of the Revised Code.

(G) 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.

(H) 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.

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

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(C)(1); 42 C.F.R. 431.707
Amplifies: 4751.04, 4751.381; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Five Year Review Date: 1/1/2025
Prior Effective Dates: 2/20/1984, 6/1/2014
Rule 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 of 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 (CE) hours that are approved by the board or the national association of long-term care administrator boards.

(3) The licensee completed at least four additional continuing education hours for the health services executive license renewal.

(4) The licensee listed the complete continuing education course titles and accurate approval numbers in the renewal application.

(5) The licensee attached or uploaded the continuing education certificates.

(6) The licensee has no more than ten continuing education hours from self-study/distance learning/webinars. (All four continuing education hours required for the health services executive license renewal may be from self-study, distance learning, or webinars and do not count toward the limit of ten continuing education hours from self-study, distance learning, or webinars per licensed nursing home administrator renewal.)

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

(8) 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 may be obtained by calling or emailing the board office. It is the licensee's responsibility to obtain the renewal form and invoice and file a timely renewal if the licensee does not wish to renew online.

(D) Untimely renewals are subject to a penalty of fifty dollars per calendar quarter up to a maximum of two hundred dollars. This is in addition to the annual renewal fee.

(E) Health services executive license renewals are subject to a late penalty fee per calendar quarter, as defined in section 4751.25 of the Revised Code. This is in addition to the annual renewal fee.

(F) A licensee who renews both the nursing home administrator and health services executive licenses late will only be charged the late renewal penalty for the nursing home administrator license, provided both licenses are brought back into good standing at the same time. If the nursing home administrator license is renewed an the health services executive license remains in a late renewal status, the health services executive late renewal penalty will apply going forward until it is brought back into compliance or abandoned.

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

(H) The licensee shall renew the certificate of registration with the appropriate number of CE hours and payment of all renewal and penalty 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.

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707,431.708
Amplifies: 4751.20, 4751.24, 4751.25, 4751.26, 4751.32; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707, 431.708
Five Year Review Date: 1/1/2025
Prior Effective Dates: 6/1/2014
Rule 4751-1-10.2 | Health services executive license.
 

(A) The board hereby adopts the following health services executive criteria as enacted or hereinafter amended.

(B) Applicants for the voluntary health services executive license (HSE) must meet the current criteria established by the national association of long-term care administrator boards (NAB), and approved by the board of executives of long-term services and supports.

(C) An applicant for a license as a health services executive who has complied with the requirements of Chapter 4751. of the Revised Code and the rules adopted thereunder, passed the required national and state examinations, passed the criminal background check, met the criteria established by the board, made application to the board, and has paid a one-hundred-dollar license fee shall be issued a health services executive license certifying that such individual is entitled to use the designation health services executive and/or the initials "HSE."

(D) Applicants for the HSE license must meet all the following requirements of the Administrative Code:

(1) Rule 4751-1-05 of the Administrative Code.

(2) Rule 4751-1-10 of the Administrative Code.

(3) Rule 4751-1-10.1 of the Administrative Code.

(E) Only an individual who has qualified as a health services executive under Chapter 4751. of the Revised Code and the rules adopted thereunder and who holds a current license may use the title "health services executive" or the abbreviation "HSE" after the individuals name. No other person shall use such title or such abbreviation or any other words, letters, sign, card, or device tending to indicate or to imply that the individual is licensed as a health services executive.

(F) Annually, a minimum of four clock hours of approved continuing education (NAB or BELTSS approved) shall be required for renewal of the health services executive license. These hours of continuing education are suggested to be in the domain of assisted living services and/or home and community-based services. These hours shall be in addition to any hours required for renewal of a nursing home administrator license, may be online/webinar/distance learning, and do not count towards the limit of ten online/webinar/distance learning credits per annual renewal. The nursing home administrator license must be kept current to maintain the voluntary health services executive license.

(G) The annual renewal fee is defined in section 4751.25 of the Revised Code.

(H) The health services executive whose license has not been renewed by the expiration date shall be assessed a late renewal fee as defined in section 4751.25 of the Revised Code.

(I) The license of a health services executive who fails to renew prior to the expiration date shall automatically lapse and become invalid on said date by operation of law.

(J) Every individual holding a valid license as a health services executive shall display said license in the practice setting which is the individual's principal place of employment.

(K) The board, in its discretion, and otherwise subject to the provisions of Chapter 4751. of the Revised Code and the rules adopted thereunder, may recognize an out-of-state health services executive license or credential.

(L) An individual licensed as a health services executive is subject to the supervision of the board and subject to disciplinary action in accordance with Chapter 4751. of the Revised Code and Chapter 4751-1 of Administrative Code.

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.21, 4751.25
Five Year Review Date: 1/1/2025
Rule 4751-1-10.3 | Licensing service members, veterans, or spouses of service members or veterans.
 

(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 veterans 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 boards determination is final.

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

(1) A licensee who submits a late renewal application due to the license's service in the armed forces shall be eligible for renewal without payment of the late renewal fee required by paragraph (C) of rule 4751-1-10 of the Administrative Code if the following are met:

(a) The licensee presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is submitted to the board, the license was honorably discharged or separated under honorable conditions;

(b) The licensee is not suffering a mental or physical impairment that may affect the individual's ability to safely practice; and,

(c) The licensee meets the requirements for license renewal required by section 4751.24 of the Revised Code.

(2) A licensee who submits a late renewal application due to the license's spouse's service in the armed forces shall be eligible for renewal without payment of the late renewal fee require by paragraph (C) of rule 4751-1-10 of the Administrative Code if the following are met:

(a) The licensee presents the board with satisfactory evidence that the licensee did not renew the license because the spouse's military service caused them to be absent from the state of Ohio;

(b) The licensee presents the board with satisfactory evidence that, not more than six months prior to the date the evidence is presented to the board, the licensee's spouse was honorable discharged or separated under honor able conditions; and,

(c) The licensee meets the requirements for license renewal required by section 4751.24 of the Revised Code.

(3) Upon receipt of an application from a licensed nursing home administrator that is accompanied by proper documentation certifying that the individual has been called to active duty during a current or prior reporting period, and certifying the length of that active duty, the individual shall receive an extension of the current continuing education reporting period equal to the total number of months sent in active duty during the current reporting period. For purposes of this rule, any portion of a month serviced on the active duty shall be considered one full month.

(4) The board may waive all or part of the normal CE requirements for license renewal for active-duty military and spouses if it determines that obtaining the CEs would cause undue hardship. The licensee shall make a written request to the board for consideration. Electronic requests are acceptable.

(5) 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.

(6) Pursuant to division (D) of section 4743.04 of the Revised Code, the board shall issue a temporary license to practice nursing home administration providing that all of the following qualifications are met:

(a) The individual holds a valid license to practice nursing home administration issued by any other state or jurisdiction;

(b) The individual is in good standing in the state or jurisdiction of licensure;

(c) The individual presents adequate proof to the board that the individual or the individuals spouse is on military duty in this state;

(d) The individual complies with sections 4776.01 to 4776.04 of the Revised Code regarding submitting to a criminal records check;

(7) The board shall, within twenty-four hours after receiving the report under division (A) of section 4776.04 of the Revised Code, notify the applicant that the board has received the results of a criminal records check.

(8) The board shall issue a temporary license, provided that the applicant meets the requirements of section 4743.041 of the Revised Code, within fourteen days of having received the results of a criminal records check.

(9) If the board finds that the individual is under investigation by the licensing agency of any other state or jurisdiction, the board may postpone issuing the license until the investigation is complete and the licensing agency of the other state or jurisdiction confirms that the individual is in good standing.

(10) No temporary license shall be valid for more than six months.

(11) The board shall deny an individual a temporary license or revoke a temporary license issued under section 4743.041 of the Revised Code if any of the following circumstances occur:

(a) The individuals license issued by the other state or jurisdiction expires or is revoked, or the individual is not in good standing;

(b) With respect to an individual who was eligible for a temporary license under section 4743.041 of the Revised Code as the spouse of an individual on military duty, six months have elapsed since the divorce, dissolution, or annulment of the marriage;

(c) The individual is disqualified from obtaining a license to practice nursing home administration because of a conviction, judicial finding of guilt, or plea of guilty to a disqualifying criminal offense specified on the list the board makes available pursuant to division (C) of section 9.78 of the Revised Code.

(12) An individual with a temporary license issued under section 4743.041 of the Revised Code may practice nursing home administration in this state only within the scope and practice that is permitted under Ohio law and that does not exceed the individuals training.

(13) Notwithstanding any other provision of the Revised Code, the board shall waive all fees associated with the issuance of a temporary license issued under section 4743.041 of the Revised Code.

(14) The board shall, upon the conclusion of the state fiscal year, prepare a report on the number and type of temporary licenses that were issued during the fiscal year under section 4743.041 of the Revised Code. This report shall be provided to the director of veterans services not later than thirty days after the end of the fiscal year.

(15) A license issued under section 4743.041 of the Revised Code shall be considered a license under the laws regulating the practice of nursing home administration in this state. Provisions of law applicable to a license issued to an applicant who does not obtain a license under section 4743.041 of the Revised Code apply in the same manner to licenses issued under section 4743.041 of the Revised Code.

(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.

Supplemental Information

Authorized By: 4751.04, 5903.04, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708
Amplifies: 4751.04, 4751.20, 5903.03; 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708, 431.710, 431.714
Five Year Review Date: 4/28/2025
Prior Effective Dates: 2/17/2019
Rule 4751-1-10.4 | Processing applications from service members, veterans, or spouses of service members or veterans.
 

(A) The board shall include questions on all applications for licensure, certification, or renewal of licensure or certification that inquire as to whether the applicant is:

(1) A service member;

(2) A veteran; or,

(3) The spouse or surviving spouse of a service member or veteran.

(B) If the applicant responds affirmatively to any of the questions discussed in paragraph A) of this rule, the board shall:

(1) Route the application to a board staff member who is responsible for monitoring the application and communicating with the applicant regarding the status of the application, including informing the applicant of any documentation needed for the board to process the application;

(2) Expedite the processing of the application, even if the application was received later in time than other applications that are pending processing;

(3) Provide information to applicants if the applicant or his/her spouse will be imminently deployed, regarding available fee and continuing education waivers, as discussed in rule 4751-1-103 of the Administrative Code;

(4) Request that the applicant submit documentation to the board demonstrating that the applicant is a service member, veteran, or spouse or surviving spouse of a service member or veteran; and,

(5) Track, on an annual basis, the total umber of applications submitted by service members, veterans, or spouses or surviving spouses of service members or veterans, and the average number of business days expended b the board to process those applications.

(C) For purposes of paragraph (B)(4) of this rule, acceptable forms of documentation include:

(1) A copy of a document issued by the armed forces showing the applicant is a service member or veteran, or that the applicant's spouse was a service member or veteran; and,

(2) If the applicant is a spouse or surviving spouse of a service member or veteran, a copy of the document showing that the applicant and the service member or veteran are spouses according to the law of any state or county.

Supplemental Information

Authorized By: 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
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
Five Year Review Date: 2/17/2024
Rule 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 twenty-one years of age;

(3) 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" (March 2020), if applicable, available from the board office or at www.beltss.ohio.gov.

(4) 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.

(5) The board, in accordance with section 9.79 of the Revised Code, has determined that the results of the background check do not make the applicant ineligible for the license.

(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 4751.32 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.

Last updated February 1, 2022 at 9:08 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708
Amplifies: 4751.01, 4751.20, 4751.202; 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708, 431.710
Five Year Review Date: 2/1/2027
Prior Effective Dates: 10/16/1983, 7/24/2011, 8/1/2017, 1/1/2020
Rule 4751-1-12 | Suspension, revocation, and disciplinary action.
 

For the purposes of this rule, an individual licensee who holds a license to practice nursing home administration in this state, or who is licensed as a health services executive (HSE), 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 or who is an HSE may be revoked or suspended by the board and/or the board may impose a civil penalty, fine, or other sanction imposed as authorized 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 violated any of the provisions of Chapter 4751. of the Revised Code or this chapter; or acted in a manner that was inconsistent with the health and safety of the persons being served in the nursing home or in the practice setting 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 or health services executive administration.

(4) The individual is guilty of fraud or deceit in the practice of nursing home administration or health services executive 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 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 or health services executive administration 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 or health services executive 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 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, within 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 rules 4751-1-10.1 and 4751-1-10.2 of the Administrative Code.

(11) The individual failed to keep NAB or Ohio examination material confidential or was found to have been dishonest in the taking of any of the examinations.

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

(1) The individual fails to make good faith attempts, via methods of administrative management, to assure that the nursing home or practice setting 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 or such practice setting;

(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 or practice setting in such manner to insure the safety, health and well-being 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 or health services executive 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 or practice setting 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 or health services executive license which may have been issued said individual 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 and health services executives 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.

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.32; 42. U.S.C. 1396g; 42 C.F.R. 431.702
Five Year Review Date: 1/1/2025
Rule 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, with the exception of HSE hours.

(3) In the case of the COVID pandemic and board action declaring it necessary, up to twenty hours of an administrator's annual continuing education requirement may be taken online/self-study/distance learning, or the continuing education requirement may be waived entirely, by board action.

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

(5) In the case of both NAB and BELTSS approval for a course, the BELTSS approval is primary for purposes of determining status (self-study, etc.) and the number of continuing education credits accepted by the board.

(6) 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.

(7) Continuing education hours may be granted for successfully serving as a preceptor to an administrator-in-training. The licensed nursing home administrator may earn six continuing education hours for precepting upon the AIT's successful completion of the program and must serve as the preceptor for the entire internship period to qualify. Only six precepting credits may be earned and used on each annual renewal. Precepting credit hours are considered in-person hours. Credits shall be reported in the renewal system with the administrator-in-training agreement and a statement from the administrator serving as proof of successfully completing the precepting period or a confirming letter from the university for direct college students.

(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) 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.

(E) 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 hours also applies to these renewals.

(F) 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.

(G) 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, as defined in rule 4751-1-02 of the Administrative Code.

(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 CE conversion rate is ten continuing education hours for every one hour of quarter credit and fifteen continuing education hours for every one hour of semester credit.

(H) 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.

Last updated May 1, 2021 at 9:12 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.381, 4751.201, 4751.24, 4751.26; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708, 431.714
Five Year Review Date: 5/1/2026
Prior Effective Dates: 5/13/2018, 1/1/2020
Rule 4751-1-13.1 | Continuing education unit waiver.
 

(A) Licensees may request a waiver of annual continuing education required or an extension of the renewal period for continuing education compliance by using the "CE Waiver Form" (07/2015) available from the board office or at www.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 attend continuing education courses, certified by a physician or physician extender such as a nurse practitioner (NP) or physician assistant (PA), as permitted by their respective practice acts 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 licensees 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 continuing education does 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 continuing education 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 boards decision in writing. The board's decision is final.

Last updated April 19, 2021 at 12:06 PM

Supplemental Information

Authorized By: 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
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
Five Year Review Date: 2/17/2024
Prior Effective Dates: 8/1/2017
Rule 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" (March 2020), 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) The board, in accordance with section 9.79 of the Revised Code, has determined that the results of the background check do not make the individual ineligible for the license.

(F) If the applicant meets all of the requirements in paragraphs (A) to (E) 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 authorize the applicant to sit for the state examination and issue the license, registration, or certification, provided a passing score is obtained, without prior board approval. The issuance shall be presented for the board's ratification at the next meeting of the board.

(G) 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.

Last updated February 1, 2022 at 9:08 AM

Supplemental Information

Authorized By: 4751.04; Section 1908(c)(1) of the Social Security Act, 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708
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
Five Year Review Date: 2/1/2027
Prior Effective Dates: 10/1/1974, 10/16/1983, 1/1/1999, 8/1/2017
Rule 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 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" (March 2020), 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.

(E) The board, in accordance with section 9.79 of the Revised Code, has determined that the results of the background check do not make the individual ineligible for the license.

Last updated February 1, 2022 at 9:08 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707, 431.708
Amplifies: 4751.33; 42 U.S.C. 1396g; 42 C.F.R. 431.707, 431.708
Five Year Review Date: 2/1/2027
Rule 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 location designated by 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 provider fee: schedule provided in rule 4751-1-08 of the Administrative Code.

(H) Nursing home administrator license late renewal penalty fee: fifty dollars per calendar quarter up to a maximum of two hundred dollars.

(I) Health services executive license fee: one hundred dollars.

(J) Health services executive annual license renewal fee: schedule provided in section 4751.25 of the Revised Code.

(K) Health service executive license late renewal penalty fee: schedule provided in section 4751.25 of the Revised Code.

(L) All penalty fees are in addition to the annual renewal fees.

(M) Criminal conviction determination fee as provided in section 9.78 of the Revised Code.

Last updated February 1, 2022 at 9:08 AM

Supplemental Information

Authorized By: 4751.04; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 431.707
Amplifies: 4751.03, 4751.15, 4751.20, 4751.201, 4751.202, 4751.21, 4751.24, 4751.25, 4751.26, 4751.32, 4751.381; 42 U.S.C. 1396g(c); 42 C.F.R. 431.707
Five Year Review Date: 2/1/2027
Prior Effective Dates: 4/16/2018
Rule 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 and mailing. There is no charge for documents emailed.

(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 query 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.

Supplemental Information

Authorized By: 1347.05, 4751.04
Amplifies: Chapter 1347
Five Year Review Date: 1/1/2025
Prior Effective Dates: 10/16/1983