Section 371-27-1 - Temporary License1. Issuance In order to fill a vacant administrator position in a multi-level long term care facility subject to these rules, the board may issue a temporary license to an applicant who meets the qualifications as outlined in subsection 2 below and is subject to supervision by a board-approved licensed administrative consultant.
2. Qualifications for Temporary Licensure To qualify for temporary licensure, an applicant must:
A. Be at least 21 years old;B. Provide evidence of a high school diploma or its equivalent; andC. Provide proof in the form of a current resume that the applicant either: (1) Is the current director of nursing at the multi-level long term care facility and has held the position for a minimum of one (1) year; or(2) Has a minimum of two (2) years of experience in a managerial position in a multi-level long term care facility within the five (5) years immediately preceding the application.3. Application An individual must apply for temporary licensure on an application provided by the board. The applicant must include with the application:
A. Written Statement A written statement by the owner or representative of the governing body of the multi-level long term care facility for which temporary licensure is sought certifying that the facility's position of administrator has become vacant; that it plans to employ the applicant on a temporary basis if the applicant is issued a temporary license; and that it will retain a licensed administrative consultant as described in Section 1(6) of this chapter for the period in which the applicant renders services to it under a temporary license.
B. Fees The license fee required in Chapter 10 of the rules of the Office of Professional and Occupational Regulation, entitled "Establishment of License Fees."
C. Additional Information Such other information as the board may require.
4. Terms of the Temporary License A temporary license is valid only for the employment in the long term care facility specified in the application. A temporary license is non-transferable.
5. Duration A temporary license may be issued for a period not to exceed one (1) year. The temporary license may not be further renewed or re-issued to the same candidate for the same facility, except in situations of demonstrated hardship and in the sole discretion of the board Notwithstanding Chapter 28, there is no requirement to complete continuing education requirements if the board permits renewal.
6. Licensed Administrative Consultant (LAC)A. Hiring of LAC An LAC must be under contract for the duration of a temporary license to consult with the temporary licensee with regards to administration of the facility.
B. Qualifications of LAC The temporary licensee must consult with an LAC who:
(1) Has been continuously licensed by the board at a level of licensure that is equivalent to or higher than the level of permanent licensure required to administer the multi-level long term care facility for the five (5) years preceding commencement of the consulting relationship with no lapse of licensure, and maintains the license in effect for the duration of the consulting relationship;(2) Has a minimum of three (3) years of full-time experience as an administrator of a facility, in Maine or elsewhere, that is comparable to the facility for which consultation is sought; and(3) Has not been disciplined by any professional or occupational regulatory authority in any jurisdiction during the five (5) years preceding the temporary license application, and remains free from professional discipline during the term of the temporary license. The board will consider surveys conducted by the Maine Department of Health and Human Services and disciplinary history when reviewing applications.C. Supervision by LAC(1) The LAC must provide direct supervision of the temporary licensee and shall provide for coverage in the event of a temporary absence. The LAC and temporary licensee may participate in supervisory meetings in person or via video conferencing, conference telephone, or similar communications equipment by means of which all persons participating in the meeting can hear each other and participate.(2) Should the approved LAC be unavailable to provide supervision to the temporary licensee for any portion of the one year timeframe specified in section 1(5) of this chapter, the board may issue a waiver for no more than thirty (30) days from the absence giving due consideration to public protection. A second request for another thirty (30) day waiver may be made. The temporary licensee must submit to the board a waiver request in writing as soon as practicable prior to the unavailability of the LAC or within 10 days of unavailability of the LAC and may propose a replacement LAC at that time. A replacement LAC must be appointed within thirty (30) days from the absence but in no event later than a maximum of sixty (60) days from the absence.(3) The LAC must submit a monthly evaluation report on the temporary licensee to the board. The report must contain the hours the LAC spent with the temporary licensee, the content of the supervision and the domains that were covered. The report must be received by the board no later than ten (10) days after the reporting period.02-371 C.M.R. ch. 27, § 1