W. Va. Code R. § 21-1-3

Current through Register Vol. XLI, No. 50, December 13, 2024
Section 21-1-3 - Examinations
3.1. Scheduling of examinations and reexaminations.
3.1.a. Applicants before examination shall meet all pre-requirements for taking the examinations as specified in this rule. Upon Board approval, applicants may apply to test online for the NAB National Examination through the National Association of Boards of Examiners of Long Term Care Administrators website - www.nabweb.org. The costs or fees charged by the testing agency for the national examination are not covered in the initial application fee. An applicant shall pay all testing fees directly to the testing agency.
3.1.b. Upon Board approval, applicants may sit for the WV State Examination. This examination is administered once a month. The initial application fee covers an applicant's first time taking the examination, and $50.00 is charged for each additional testing. Applicants shall contact the Board office to schedule the examination.
3.1.c. Applicants may take the national and state examination up to four times within one year from the date they receive Board approval. If an applicant fails either examination for the fourth time or is unable to successfully test within one year from the date of Board approval the applicant may appear before the Board and present evidence of further education or extenuating circumstance before the Board may consider that person eligible for reexamination.
3.1.d. If the applicant fails to notify the Board of his or her request for additional time to test prior to the expiration of the one-year time period approved by the Board; the applicant shall be required to submit a new application to sit for both the national and state exams.
3.1.e. The Board shall keep a record stating in detail the results of the examination for each applicant as a permanent record.
3.2. Pre-examination requirements:
3.2.a. An applicant shall not be permitted to take an examination for licensure as a nursing home administrator unless the applicant submits satisfactory evidence to the Board that the applicant has met the following requirements:
3.2.a.1. Submits a written and complete application for licensure and examination, on forms approved by the Board, at least 30 days prior to the examination day;
3.2.a.2. Attains the age of twenty-one years;
3.2.a.3. Submits written documentation from a licensed physician that he or she:
3.2.a.3.A. Possesses no physical impairments that would prohibit him or her from performing the duties of a nursing home administrator, such as poor health or contagious disease; and
3.2.a.3.B. Possesses no mental impairment that would appear to the Board to be likely to interfere with the performance of the duties of a nursing home administrator.
3.2.a.4. Submits two letters of reference covering at least the calendar year preceding the date of application which address the applicant's:
3.2.a.4.A. Ability to understand and communicate general and technical information necessary to the administration and operation of a nursing home (i.e., applicable health and safety rules);
3.2.a.4.B. Ability to assume responsibility for the administration of a nursing home as evidenced by prior accredited activities and evaluations of prior services; and
3.2.a.4.C. Ability to relate the physical, psychological, spiritual, emotional, and social needs of ill and/or aged individuals to the nursing home administration and create the compassionate climate necessary to meet the needs of the patients in the nursing home;
3.2.a.5. Submits evidence of completion of high school or other secondary school education;
3.2.a.6. Submits evidence of completion of a baccalaureate or higher degree from an accredited college or university; and
3.2.a.7. Submits evidence of completion of a Board approved Administrator-In-Training program, unless waived by the Board.
3.3. Waiver of Administrator-In-Training requirement:
3.3.a. The Board may waive the Administrator-In-Training requirement if an applicant can demonstrate to the Board's satisfaction that he or she meets one of the following three criteria:
3.3.a.1. Successfully completed a minimum of 12 hours of subjects specifically designated as health care management and/or health care administration in his or her baccalaureate or higher degree curriculum and at least 1,000 hours of management experience in an inpatient health care facility. The 1,000 hours' requirement may be met through participation in a Board approved Administrator-In-Training program or through work performed in a nursing home on an emergency permit. The burden is on the applicant to demonstrate the 12-hour requirement is incorporated in the baccalaureate curriculum or higher degree;
3.3.a.2. Possesses a baccalaureate degree and has worked in long term care in the role of an Assistant Administrator or an equivalent position, such as a Director of Nursing, Assistant Director of Nursing, or Social Services Director, for a period of three years; or
3.3.a.3. Possesses a baccalaureate degree or higher from a National Association of Long Term Care Administrator's Board (NAB) accredited college program with internship or an accredited college program that has a baccalaureate degree or higher in Health Care Administration, Health Services Administration or a similarly related administration field that includes an internship program.
3.3.b. If the applicant fails to produce evidence of these requirements that is satisfactory to the Board, the applicant shall complete an Administrator-In-Training program as specified in section 4.3 of this rule.
3.4. Background checks.
3.4.a. Criminal history.
3.4.a.1. Applicants shall consent to a criminal background check by the Board.
3.4.a.2. The Board shall request a Criminal Identification Bureau Report from the West Virginia State Police and a fingerprint criminal history background check by the Federal Bureau of Investigation (FBI).
3.4.a.3. The Board shall not approve an applicant for examination or licensure who has been convicted of a crime, unless a variance has been granted, which prohibits a person from working in a nursing home as established by law (see WV Code § 16-5C-21)
3.4.b. Professional history.
3.4.b.1. An applicant shall report to the Board any and all current and former licenses and certifications that the applicant has held.
3.4.b.2. The Board may deny an applicant's request for examination or licensure based on adverse actions taken against an applicant's license or certification.
3.4.b.3. The Board may deny an applicant's request for examination or licensure based on incomplete, vague, or misleading information provided by the applicant to the Board.
3.5. Disqualification; Reexamination.
3.5.a. An applicant for examination who does not meet pre-examination requirements shall be given written notification by the Board by certified mail return receipt requested, of his or her disqualification, the reasons for the disqualification, and of his or her right to a hearing within 30 days.
3.5.b. An applicant for examination who does not meet pre-examination requirements may petition the Board in writing for a hearing and a review of his or her application within 30 days of receipt of the notification of disqualification.
3.5.c. Where an applicant for examination has not met pre-examination requirements, he or she may submit a new application for qualification for examination. The applicant shall meet the requirements for licensing that are in force at the time of the reapplication.
3.5.d. Every applicant shall successfully pass a written national and state examination.
3.6. Personal Interview.
3.6.a. The Board shall interview an applicant and shall designate a time and place at which an applicant may be required to present himself or herself for inquiry as to his or her suitability to sit for the examination or for licensure.
3.6.b. If an applicant fails to appear before the Board at a place and time set by the Board on two occasions, the Board must cease to process the applicant's request for examination or licensure.
3.6.c. An applicant may start the process again by filing a new application and paying all applicable fees.

W. Va. Code R. § 21-1-3