House Bill 660

AN ACT TO AMEND SECTIONS 73-17-11 AND 73-17-15, MISSISSIPPI CODE OF 1972, TO PRESCRIBE EDUCATIONAL AND EXPERIENCE REQUIREMENTS IN ORDER TO BE ELIGIBLE FOR A NURSING HOME ADMINISTRATOR'S LICENSE, TO AUTHORIZE CRIMINAL HISTORY RECORD CHECKS FOR APPLICANTS; TO PRESCRIBE FEES CHARGED BY THE BOARD FOR LICENSURE AND FOR EXAMINATIONS; TO GRANT THE STATE BOARD OF NURSING HOME ADMINISTRATORS SUBPOENA POWER TO BE USED DURING COMPLAINT INVESTIGATIONS; TO DELETE THE REQUIREMENT THAT A COPY OF ALL DOCUMENTATION PERTAINING TO AN INVESTIGATION BE PROVIDED TO THE LICENSEE BEFORE A HEARING; TO AUTHORIZE THE BOARD TO ASSESS COSTS ASSOCIATED WITH THE INVESTIGATION AND DISCIPLINARY PROCEEDING AGAINST A LICENSEE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 73-17-11, Mississippi Code of 1972, is amended as follows:

73-17-11. (1) From and after July 1, 2010, 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:

(a) Is at least twenty-one (21) years of age;

(b) Is of good moral character, including evidence of a criminal history check within the last six (6) months in accordance with Section 43-11-13 and Section G.407.3 of the Minimum Standards for Institutions for the Aged or Infirm;

(d) Has satisfied at least one (1) of the following requirements for education and experience:

(i) Sixty-four (64) hours of college work from an accredited institution and has worked in a supervisory capacity in a Mississippi-licensed nursing home for a minimum of two (2) years immediately before making application for the Administrator-in-Training Program established by board rule;

(ii) An associate degree from an accredited institution and has worked in a supervisory capacity in a Mississippi-licensed nursing home for a minimum of two (2) years immediately before making application for the Administrator-in-Training Program established by board rule;

(iii) A bachelor's degree in health care administration, health care related field or business from an accredited institution before making application for the Administrator-in-Training Program established by board rule; or

(iv) 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 board rule;

(e) Has (i) in accordance with the board's standards developed consistent with Section 73-17-9(a), completed a nursing home Administrator-in-Training Program as set forth in the rules of the board, or (ii) completed an 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, to the satisfaction of the board; * * *

(f) Has successfully passed examinations approved by the board to test his or her proficiency and basic knowledge in the area of nursing home administration. The board may establish the frequency of the offering of those examinations and the contents thereof; and

(g) Has met all of the requirements established by board rule.

(2) Notwithstanding subsection (1) of this section, any person who makes application with the board on or before June 30, 2011, may qualify for licensure under this subsection, provided that on or before January 31, 2013, the person demonstrates to the satisfaction of the board that he or she has met all board requirements for licensure in effect as of June 30, 2010.

(3) Reciprocity shall be extended to individuals holding licenses as nursing home administrators in other states, upon proper application and a finding on the part of the board that:

(a) The applicant possesses the basic qualifications listed in this chapter and the rules and regulations of the board;

(b) * * * The standards for licensure in the other state are at least the substantial equivalent of those in this state, including education and experience, and the applicant has passed both the National Association of Long-Term Care Administrator Board (NAB) and the state exams; and

(4) The board may prescribe appropriate fees for the taking of those examinations and for the issuance of licenses. Those fees shall be not more than the cost of the examinations and Five Hundred Dollars ($500.00) for the issuance of a license. However, the fee for an initial license may be prorated in proportion to the period of time from the date of issuance and the date of biennial license renewal prescribed in subsection (5). All licenses issued under this chapter shall be for a maximum period of two (2) years.

(5) * * * The board may renew licenses on July 1, 2011, and biennially thereafter upon * * * payment of a fee to be established by the board, which shall be not more than Five Hundred Dollars ($500.00), plus any administrative costs for late payment.

* * *

(6) Any person who is not licensed under this chapter on July 1, 2010, who makes application with the board on or before June 30, 2011, may qualify for license under this chapter, provided that on or before January 31, 2013, he or she demonstrates to the satisfaction of the board that he or she (a) meets the eligibility for a nursing home administrator's license prescribed in this section as they existed on June 30, 2010; (b) has successfully completed the Administrator-in-Training Program requirements existing on June 30, 2010; and (c) has paid all required fees for licensure.

SECTION 2. Section 73-17-15, Mississippi Code of 1972, is amended as follows:

73-17-15. (1) (a) The board is authorized to investigate either on the basis of complaints filed with it, or on its own initiative, instances of suspected violations of this chapter of any nature, including, but not limited to: performing the duties of a nursing home administrator without a license; the providing of false information to the board either incident to an application for a license, incident to a hearing, or otherwise; maladministration; unethical conduct; incompetence; the conviction of a licensee of a felony; the misappropriation of funds; or of any other matter reflecting unfavorably upon the holder of a license under this chapter or an applicant therefor. On the basis of information developed during such an investigation, the board may (i) revoke, suspend, or refuse to renew any license issued by the board, (ii) deny an application for a license, or (iii) reprimand, place on probation, and/or take any other action in relation to a license, as the board may deem proper under the circumstances. Whenever the results of such an investigation are filed, the executive director of the board shall set a day for a hearing * * * and shall notify the licensee that on the day fixed for hearing he may appear and show cause, if any, why his license should not be revoked, suspended, or other action taken in relation to his license. Such notice shall be transmitted to the licensee by certified United States mail to the address of such licensee appearing of record with the board.

(b) For the purpose of conducting investigations, the board, through its executive director, may issue subpoenas to any individual, nursing home, clinic, hospital, pharmacy or other entity having in its possession papers, documents, medical charts, prescriptions or any other nonfinancial records for the personal appearance of those witnesses and/or the production of those documents. Investigatory subpoenas, as provided in this paragraph, may be served either by personal process or by registered mail, and upon service shall command production of the papers and documents to the board at the time and place so specified. The board shall be entitled to the assistance of the chancery court, which, on petition by the board, shall issue ancillary subpoenas and may punish as for contempt of court in the event of noncompliance with the subpoenas.

(c) In cases where violations of this chapter have been substantiated, the board may assess a monetary penalty for those reasonable costs that are expended by the board in the investigation and conduct of a proceeding for licensure revocation, suspension or restriction, including, but not limited to, the cost of process service, court reporters, expert witnesses and investigations.

(2) The board, upon finding and determining that any person represents himself to be a nursing home administrator or performs any or all of the services, acts or duties of a nursing home administrator as defined in this chapter without a license, is authorized to petition the chancery court of the county in which such unauthorized acts have been, are being or may be committed, for writ or writs of injunction prohibiting such unauthorized acts. This provision is supplemental and in addition to the penal provisions set forth in Section 73-17-13.

(3) Any licensee whose license has been revoked or suspended, or who has been placed on probation or reprimanded after a contested hearing may appeal such action of the board to the chancery court of the county in which such nursing home administrator is practicing, which appeal shall not be a de novo appeal but shall be determined upon an official transcript of the record of the contested hearing. Appeals to the chancery court shall be taken within ten (10) days from the date of the board's order and shall be taken, perfected, heard and determined either in termtime or in vacation, and such appeals shall be heard and disposed of promptly by the court. Appeals from the board shall be taken and perfected by the filing of a bond in the sum of Two Hundred Fifty Dollars ($250.00) with two (2) sureties, or with a surety company qualified to do business in Mississippi as surety, conditioned to pay the costs of the appeal. Such bond shall be payable to the state and shall be approved by the clerk of the chancery court. Such bond may be enforced in its name as other judicial bonds filed in the chancery court, and judgment may be entered upon such bonds and process and execution shall issue upon such judgments as provided by law in other cases. Upon approval of the bond by the clerk of the chancery court, the clerk shall give notice to the board of the appeal from the decision of the board. It thereupon shall be the duty of the board through its duly authorized representative to promptly transmit to the clerk of the chancery court in which the appeal is pending a certified copy of the order of the board and all documents filed relating to the board's action against such licensee, together with a transcript of the testimony, both oral and documentary, introduced for consideration by the board both in support of and in opposition to such action, which appeal shall be docketed by the clerk and shall be determined by the court based upon such record. If there is an appeal, such appeal may, in the discretion of and on motion to the chancery court, act as a supersedeas. The chancery court shall dispose of the appeal and enter its decision promptly. The hearing on the appeal may, in the discretion of the chancellor, be tried in vacation.

(4) Appeals from the decision of the chancery court may be taken by either the board or the licensee to the Supreme Court as in the case of appeals generally from the chancery court to the Supreme Court.

(5) In addition to the reasons specified in subsection (1) of this section, the board shall be authorized to suspend the license of any licensee for being out of compliance with an order for support, as defined in Section 93-11-153. The procedure for suspension of a license for being out of compliance with an order for support, and the procedure for the reissuance or reinstatement of a license suspended for that purpose, and the payment of any fees for the reissuance or reinstatement of a license suspended for that purpose, shall be governed by Section 93-11-157 or 93-11-163, as the case may be. Actions taken by the board in revoking a license when required by Section 93-11-157 or 93-11-163 are not actions from which an appeal may be taken under this section. Any appeal of a license suspension that is required by Section 93-11-157 or 93-11-163 shall be taken in accordance with the appeal procedure specified in Section 93-11-157 or 93-11-163, as the case may be, rather than the procedure specified in this section. If there is any conflict between any provision of Section 93-11-157 or 93-11-163 and any provision of this chapter, the provisions of Section 93-11-157 or 93-11-163, as the case may be, shall control.

SECTION 3. This act shall take effect and be in force from and after July 1, 2010.