30 Miss. Code. R. 2703-1.1

Current through December 10, 2024
Rule 30-2703-1.1 - Licensure Requirements for Nursing Home Administrators
A. Licensure Requirements

From and after July 1, 2012, in order to be eligible to be licensed as a nursing home administrator, an individual must submit evidence satisfactory to the Board that he or she:

(1) Is at least twenty-one (21) years of age;
(2) Is of good moral character.
(3) Is in good health
(4) Meets one of the following educational and/or experiential requirements for licensure:
(a) Has sixty-four (64) semester hours of academic college work from an accredited institution and has worked in a full-time (i.e., 40 hour per week) supervisory capacity in a Mississippi-licensed nursing home for a minimum of two (2) consecutive years immediately prior to or preceding the date on which the application for the Administrator-in-Training Program prescribed by Part 2703, Chapter 1, Rule 1.3 is made or received by the Board. For the purpose of meeting the educational requirements of this paragraph, quarter hours will be converted into semester hours by the current standard conversion rate according to Institutions of Higher Learning (IHL);
(b) Has an associate degree from an accredited institution and has worked in a full-time (i.e., 40 hours per week) supervisory capacity in a Mississippi-licensed nursing home for a minimum of two (2) consecutive years immediately prior to or preceding the date on which the application for the Administrator-inTraining Program established by Part 2703, Chapter 1, Rule 1.3 is received by the Board;
(c) Has a bachelor's degree in health care administration or a health care related field or business from an accredited institution before making application for the Administrator-in-Training Program established by Part 2703, Chapter 1, Rule 1.3; or Has a bachelor's degree in any other field of study from an accredited institution before making application for the Administrator-in-Training Program established by Part 2703, Chapter 1, Rule 1.3;
(d) For the purposes of licensure, the academic program must be accredited by an institution recognized by the Council for Higher Education Accreditation (CHEA).
(5) Causes:
(a) a criminal records check that has been performed on the applicant to be sent directly to the Board's administrative office directly from the employing institution. This document must be signed and notarized; or
(b) a state and federal criminal background to be sent to the Board's administrative office directly from the appropriate governmental agency.

The applicant shall be responsible for the payment of any fees or costs associated with the state and federal criminal record checks. Such costs or fees shall be paid by the applicant to the agency completing the record check. Criminal record checks must have been performed on the applicant within six (6) months immediately prior to the filing of the Administrator- in-Training Program Application or the Endorsement Application or a new criminal record check shall be required.

(6) Meets one of the following clinical requirements -
(a) Has completed the Administrator-in-Training Program prescribed by Part 2703, Chapter 1, Rule 1.3; or
(b) Has completed a Board approved Administrator-in Training Program in Long-Term Care Administration from an academic institution during which time the institution held National Association of Long-Term Care Administrator Board (NAB) Program Approval through the Academic Approval process,
(7) Has pursuant to the Board's standards developed consistent with Mississippi Code Ann. 73-17-9(a), has completed a Domains of Practice course to the satisfaction of the Board, pursuant to Part 2703, Chapter 1, Rule 1.3.
(8) Has pursuant to the Board's standards developed consistent with Mississippi Code Ann. 73-17-9(a), has completed a 2-day training course with the Office of Licensure and Certification, Department of Health, to the satisfaction of the Board, pursuant to Part 2703, Chapter 1, Rule 1.3.
(9) Has successfully passed the National Association of Long-Term Care Administrator Board (NAB) examination and the Mississippi State Board of Nursing Home Administrators examination at the then current passing score.
(10) Submits payment of the application, license and other applicable fees prescribed in Part 2701, Chapter 1, Rule 1.3.H and
(11) Has met all of the requirements required by Section 73-17-11 of the Mississippi Code of 1972, as amended.
(12) Request for Pre-Licensure Determination. An individual may request the Board for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. The determination request shall be in writing, filed on a form supplied by the Board and signed in the presence of a notary. The request shall also be accompanied by a judgement of conviction and a fee of $25.00.
(a) Disqualifying Crimes Felony
(i) An individual may be denied a license or permit based on a felony conviction. A felony conviction includes the following: a deferred conviction, a deferred prosecution, a deferred sentence, finding or verdict of guilt, admission of guilt or a plea of nolo contendre.
(ii) Directly Related to Licensure Practice. Crimes involving fraud or theft. Nursing Home Administrators often have unfettered access to individuals' privileged information, financial information, and valuables, including medications, money, jewelry, credit cards/checkbook, and sentimental items. Nursing Home Administrators also provide services, working night and weekend shifts at nursing homes where there is often no direct supervision. Clients in these settings are particularly vulnerable to the unethical, deceitful, and illegal conduct of a nursing home administrator. When a nursing home administrator has engaged in criminal behavior involving physical misconduct, fraud or theft in the past, the Board is mindful that similar misconduct may be repeated in nursing homes, thereby placing clients and the public at risk.
(iii) Misdemeanor. The admission of multiple convictions, including misdemeanor convictions may be used to determine if an individual shall be denied a license or permit.
(b) Determination Notification
(i) Time for Response. The licensing authority or its designee shall issue a written determination notification to the individual within 30 days from the board's receipt of the individual's request.
(ii) Standing. The individual shall be provided one of the following responses:
1. Insufficient Information. If the individual's request contains insufficient information, the licensing authority or its designee will notify the individual that a determination cannot be made at this time as to the individual's standing or whether or not the criminal record will disqualify the individual from obtaining a license.
2. Disqualification Notification. The licensing authority or its designee shall notify the individual of the following:

* Grounds and reasons for denial or disqualification.

* The right to a hearing;

* The earliest date to reapply for a license;

* Evidence of rehabilitation may be considered upon reapplication.

(c) Administrative Hearing. The notice will advise the individual of the right to a hearing to challenge the licensing authority or its designee's decision.
(d) Notice of Hearing. The licensing authority or its designee shall provide in writing to the individual the time, date and nature of the hearing pursuant to the Board's statutory provisions, rules and regulations.
B. Applicants for Licensure by Endorsement for Individuals Licensed in Other States
(1) An individual licensed in good standing as a nursing home administrator in another state may qualify for licensure as a nursing home administrator if his or her educational, training and administrative experience are equal to or exceeds the requirements specified in Rule 1.1.A.(1) - (6) of Chapter 1, Part 2703 of these Rules and Regulations, and has passed both the National Association of Long-Term Care Administrator Board (NAB) examination and the Mississippi State Board of Nursing Home Administrators State examination at the then current passing score.
(2) The Board, subject to the law pertaining to the licensing of nursing home administrators may at its discretion, endorse a nursing home administrator license issued by the proper authorities of any other state, upon payment of the biennial license fee, the application fee and all other applicable fees prescribed in Rule 1.3.H. of Chapter 1, Part 2701, and submission of evidence satisfactory to the Board that:
(a) The applicant provides satisfactory evidence of completion of at least a 1,040 hour A.I.T. program in the State of original license, or provide satisfactory evidence of completion of an A.I.T. Program as specified in Rule 1.3.B. of Chapter 1, Part 2703;
(b) Applicant must have successfully passed the NAB Exam with the then current passing score of the date of his or her initial license;
(c) Applicant successfully passed the Mississippi State Board of Nursing Home Administrators State Exam within one hundred twenty (120) days after Board approval;
(d) Applicant has not had a license revoked or suspended in any state from which he or she has received a nursing home administrator license; and
(3) A temporary permit to practice as a nursing home administrator in Mississippi may be issued to an individual applying for a Mississippi nursing home administrator license for the facility in which the permit is issued who meets the following conditions:
(a) Submits supporting documentation showing that he or she meets the licensing requirements found in Rule 1.1.B. of Chapter 1, Part 2703 and pays all required fees;
(b) Holds a current and unencumbered nursing home administrator license, which is in good standing, in at least one other state;
(c) Submits a formal request, along with the Application, documenting the circumstances that created the need for a temporary permit, as well as the temporary permit fee.
(d) Submits satisfactory proof from each state board that has issued him or her a nursing home administrator license at any time in the past:
(i) that there has been no formal discipline taken against the license;
(ii) that the applicant received an acceptable NAB Exam Scale score with the then current passing score of the date of his or her initial license;
(iii) that the applicant either successfully completed a 1,040 hour A.I.T. Program, or provide satisfactory evidence of completion of an A.I.T. Program as specified in Rule 1.3.B of Chapter 1, Part 2703.
(e) In no case shall a temporary permit be issued to an individual for a period longer than three (3) months.
(f) In no case shall an individual nursing home facility be administered by a nursing home administrator holding a "temporary permit" for more than three (3) months in one (1) calendar year.
(4) Under a declared state of emergency lawfully declared by either Federal, State or Local government, an administrator who holds a valid license in good standing in another state, may be eligible to work as the administrator of record in a Mississippi nursing home facility after he or she submits to the Board office:
(a) a picture I.D.;
(b) proof of a current nursing home administrator license which is valid and in good standing in another state;
(c) a completed 1 page Application designed for this purpose; The authority to work under these emergency conditions will be for a maximum period of sixty (60) days.
C. Military Family Freedom Act. All requirements The issuance of a nursing home administrator's license by reciprocity to a military-trained applicant or military spouse shall be subject to the provisions of Section 73-50-1.
D. Universal Recognition of Occupational Licenses and Temporary Practice Permits or Persons Who Establish Residence in this State All requirements of 73-50-2 shall be met where applicable.
(1) This Board shall make all reasonable efforts to issue a license to an applicant for licensure under this section upon completion of a completed application.
(2) An applicant will not be prohibited for applying for licensure under the existing licensure requirements established by the Board.
(3) A license issued under this section is valid only in Mississippi and it does not make the person eligible to work in another state under an interstate compact or reciprocal agreement unless otherwise provided by Mississippi law.
E. Burden of Proof for Licensure Applicants

It is the responsibility of the applicant to demonstrate that he or she meets the requirements for licensure set forth in Mississippi Nursing Home Administrators Law of 1970, as amended, and the Rules and Regulations of the Board.

30 Miss. Code. R. 2703-1.1

Miss. Code Ann. Sections 73-17-7(2) and 73-17-9(a), (b), (c) and (g)(Rev. 2008); and Miss. Code Ann. Section 73-17-11 (Supp. 2011); and Miss. Code Ann. Section 73-50-2 and; Miss. Code Ann. Section 73-50-1, 73-50-2, 73-77-9.
Amended 12/1/2014
Amended 9/1/2015
Amended 11/20/2015
Amended 12/1/2015
Amended 6/29/2017
Amended 4/18/2022