Current through Register Vol. XLI, No. 50, December 13, 2024
Section 21-1-5 - Licenses5.1. Qualifications for licenses.5.1.a. To be eligible for a license as a nursing home administrator an applicant shall: 5.1.a.1. Meet all pre-examination requirements as set forth in section 3.2 of this rule, as well as meet requirements of all other applicable rules; and5.1.a.2. Pass the national and state examinations prescribed by the Board in the subject of nursing home administration.5.2. Application for and issuance of license, renewal of licenses and display.5.2.a. An applicant for a nursing home administrator license shall submit an application, on forms prescribed by the Board, and pay the Board a license fee of $600.00 in the form of a certified check or money order. The Board shall return the fee, minus any costs incurred by the Board as stated in section 9.1 of this rule, if it denies a license to the applicant.5.2.b. An applicant for emeritus administrator status shall submit an application on the forms prescribed by the Board and pay the Board a fee equivalent to one-half of the renewal fee for other licenses in the form of a certified check or money order.5.2.c. When the Board finds that an applicant meets all of the requirements of this rule for a license as a nursing home administrator, it shall immediately issue a license to the applicant. If the Board finds the applicant does not meet the requirements, the Board shall contact the applicant in writing and give reasons for the denial of the license.5.2.d. The license is valid for a period ending on June 30 each year and may be renewed without formal examination upon timely application for renewal on a form prescribed by the Board and payment to the Board of the renewal fee of 400.00 in the form of a certified check or money order. The Board may deny an application for renewal for any reason which would justify the denial of an original application for a license, or for failure to provide written verification of satisfactory attendance and completion of relevant continuing education as specified in section 4.2 of this rule.5.2.e. The nursing home administrator license certificate shall be conspicuously displayed by the licensee at his or her principal place of business.5.2.f. Only a person who has qualified as a licensed nursing home administrator and who hold a valid current license certificate may use the title "Nursing Home Administrator" and the abbreviation of "N.H.A." after his or her name. No other person shall use or shall be designated by this title or this abbreviation or any other words, letters, etc., to indicate he or she is licensed as a nursing home administrator. A person who holds an emergency permit or an AIT permit shall not be considered as meeting the requirements for licensure as a nursing home administrator and, therefore, may not use the title "Nursing Home Administrator" or the abbreviation of "N.H.A."5.2.g. A licensee desiring to cease engaging in the practice of nursing home administration temporarily shall send written notice to the Board. Upon receipt of the notice, the Board shall place the licensee on an inactive list. While their name remains on this list the licensee shall be subject to a $100.00 fee and shall not engage in the practice of nursing home administration or act as a nursing home administrator in this State. When the person again desires to engage in the practice of nursing home administration or to act as a nursing home administrator in this State, the person shall apply for renewal of their license by submitting the current renewal application and fee, and verification of all required continuing education hours for every licensure year the licensee was on inactive status.5.2.h. After one year from the expiration date of their license, any licensee who has not given written notice to the Board and who has not been placed on the Board's inactive list as indicated in 5.2.g the licensee will be treated as a new applicant and be required to meet all the provisions of 3.2 of this rule.5.2.i. No person shall be or act as a nursing home administrator, except as provided by W. Va. Code § 30-25-10, unless they hold a current valid license or permit issued pursuant to this rule;5.2.j. A listing of West Virginia's Nursing Home Administrators is available from the Board for a fee of $50.00.5.2.k. A person holding a license or permit from this Board shall report to the Board any known or observed violation of W. Va. Code § 30-25-14 et seq., or the Board's rules. Any person holding a license or permit issued by the Board (including self-reporting) shall report such occurrence within 30 days.5.3. Waiver of Fees and Other Requirements for Certain Applicants and Licensees. 5.3.a. Waiver of Initial Licensure Fees. 5.3.a.1. Low-income individuals may request a waiver of the initial licensure fee by submitting with their completed licensure application a waiver request form, provided by the Board, and all documentation of eligibility for the waiver, as required by the Board. The Board shall review the request for waiver and any required documentation and issue a decision within 30 days of receipt of the completed application and request.5.3.a.2. Military families may request a waiver of the initial licensure fee by submitting with their completed licensure application a waiver request form, provided by the Board, provided by the Board, and all documentation of eligibility for the waiver, as required by the Board. The Board shall review the request for waiver and any required documentation and issue a decision regarding eligibility for the initial licensure fee waiver within 30 days of receipt of the completed application and request.5.3.a.3. Upon determining that an applicant is eligible to obtain an initial [professional license], the Board shall waive the initial licensure fee if the applicant qualifies as a "low-income individual" or as an individual within the class "military families" as defined in this rule.5.3.b. Active Duty Military Families. Military members on active duty and their spouses, as defined by this rule, may seek a waiver of continuing education requirements and fees in accordance with the provisions of W. Va. Code § 30-1B-1et seq. The Board shall review the request for waiver and waive any fees or continuing education requirements as required by law.
5.4. License Restrictions. 5.4.a. The following restrictions apply to a licensed nursing home administrator:5.4.a.1. A licensed nursing home administrator shall not direct more than two nursing homes at one time. An administrator may direct two nursing homes which are within reasonable proximity. For the purposes of this section, reasonable proximity is defined as 30 minutes driving time. An administrator may not direct more than a total of 120 beds;5.4.a.2. An administrator of two nursing homes shall average not less than 20 hours per week at each nursing home. The administrator shall have a competent and experienced assistant at each nursing home. The nursing home administrator shall document each period of service. The documentation shall be available to the Board upon request;5.4.a.3. An administrator who is a registered professional nurse cannot serve the same nursing home both as a director of nursing services and administrator unless the nursing home has a licensed capacity of 30 beds or fewer;5.4.a.4. An administrator who is also director of nursing services or who has any other dual capacity in any other nursing home regardless of whether or not the second home is within reasonable proximity shall obtain prior Board approval to serve in that dual capacity;5.4.a.5. An administrator, upon receipt of a license, is responsible for any nursing home which he or she administers, while meeting all applicable state and federal laws and rules and regulations; and5.4.a.6. An emeritus status administrator, upon approval of the Board, shall be permitted the privilege of limited practice not to exceed an average of 40 hours per week for up to 6 cumulative months per year.5.5. Consideration of Prior Criminal Convictions.5.5.a. The Board may not disqualify an applicant from initial licensure to engage in a profession or occupation because of a prior criminal conviction that remains unreversed unless that conviction is for a crime that bears a rational nexus to the profession of long-term care administration. In determining whether a criminal conviction bears a rational nexus to long-term care administration, the Board shall consider:5.5.a.1. The nature and seriousness of the crime for which the individual was convicted;5.5.a.2. The passage of time since the commission of the crime; 5.5.a.3. The relationship of the crime to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of the profession or occupation; and5.5.a.4. Any evidence of rehabilitation or treatment undertaken by the individual. 5.5.b. Because the term "moral turpitude" is vague and subject to inconsistent applications, the Board will not rely upon the description of a crime for which an applicant has been convicted as one of "moral turpitude" as a basis for denying licensure: Provided, that if the prior conviction for the underlying crime bears a rational nexus to long-term care administration, the Board may consider the conviction.5.5.c. If an applicant is disqualified from licensure because of a prior criminal conviction, the Board shall later permit the applicant to apply for initial licensure if:5.5.c.1. A period of five years has elapsed from the date of conviction or the date of release from incarceration, whichever is later;5.5.c.2. The individual has not been convicted of any other crime during the period of time following the disqualifying offense; and5.5.c.3. The conviction was not for an offense of a violent or sexual nature: Provided, that a conviction for an offense of a violent or sexual nature may subject an individual to a longer period of disqualification from licensure to be determined by the Board.5.5.d. An individual with a criminal record who has not previously applied for licensure may petition the Board at any time for a determination of whether the individual's criminal record will disqualify the individual from obtaining a license. This petition shall include sufficient details about the individual's criminal record to enable the Board to identify the jurisdiction where the conviction occurred, the date of the conviction, and the specific nature of the conviction. The Board shall provide the determination within 60 days of receiving the petition from the applicant. The Board may charge a fee to recoup the cost for each petition.5.6. Emergency Permit.5.6.a. If a licensee dies or is unable to continue as the administrator for an unexpected cause, the owner, governing body, or other appropriate person in charge of the nursing home involved may designate an acting authority as administrator. The Board may issue an emergency permit to the acting administrator if it finds the appointment will not endanger the safety of the occupants of the nursing home.5.6.b. An emergency permit is valid for a maximum of six months and is not renewable.5.6.c. The fee for an emergency permit is $400.00 and shall be submitted in the form of a certified check or money order, and is non-refundable.5.6.d. The hours an individual serve as an acting administrator under an emergency permit may be counted toward the 1,000 hours of his or her AIT training. The individual shall document all hours of service. The documentation shall be available to the Board upon request.5.7. Temporary Permit. 5.7.a. The Board may issue a temporary permit for a period of 90 days, to an applicant for a reciprocity license who has accepted employment in the State of West Virginia, but who must wait for the Board to meet to act on his or her application. The temporary permit may be renewed at the discretion of the Board.5.7.b. The fee for a temporary permit is 400.00 and shall be submitted in the form of a certified check or money order and is non-refundable.5.8. Lost, mutilated or destroyed licenses. 5.8.a. Upon receipt of satisfactory evidence that a license has been lost, mutilated or destroyed, the Board shall issue a duplicate license upon payment of a fee of $5.5.9. Return of license. 5.9.a. The administrator shall return the license certificate and/or duplicate copies to the Board immediately upon revocation of the license or request by the Board.