AS Title 8, Chapter 70: Nursing Home Administrators

Chapter 70. Nursing Home Administrators. Secs. 08.70.010 — 08.70.040. Board of Nursing Home Administrators; membership; election of officers; meetings. [Repealed, § 12 ch 91 SLA 1995.] Sec. 08.70.050. Regulation by department. (a) The department shall (1) adopt standards for licensing nursing home administrators to ensure that licensees have knowledge and experience in health care and institutional administration necessary for competent administrators, and update the standards when necessary; (2) examine, approve issuance of licenses to, and renewal of licenses of qualified persons; (3) establish procedures to ensure that licensees continue to uphold the department's standards; impose disciplinary sanctions upon persons who fail to uphold the standards; (4) adopt criteria for educational programs for persons preparing for the licensing examination and for the continuing education of licensees; review the educational programs available in the state and accredit the programs meeting the criteria; (5) adopt regulations ensuring that renewal of a license is contingent upon proof of continued competency by the licensee. (b) The department may adopt regulations necessary for the performance of its duties and to meet the requirements of Title 19 of the Social Security Act, the federal regulations adopted under it, and other federal requirements. Sec. 08.70.055. Removal of board members. [Repealed, § 12 ch 91 SLA 1995.] Secs. 08.70.060 — 08.70.070. Expenses; applicability of Administrative Procedure Act. [Repealed, § 16 ch 141 SLA 1980.] Sec. 08.70.080. License required. Only a licensed nursing home administrator may manage, supervise, or be generally in charge of a nursing home. The care provided by a nursing home or a licensed hospital providing nursing home care through the use of skilled nursing beds or intermediate care beds shall be supervised by a licensed nursing home administrator or by a person exempted from licensure requirements under this section. This section does not apply to persons engaged on July 1, 1980, in managing or administering an Alaska Pioneers' Home or a hospital with skilled nursing beds or intermediate care beds. Sec. 08.70.090. Application. Applicants shall file applications with the department on forms provided by the department. Information requested on the forms shall be given under oath. Sec. 08.70.110. Licensing. (a) The department shall license applicants who pass the written examination administered by the department and meet the standards established by the department under AS 08.70.050 . (b) The department may issue a license without examination to a person holding a current license as a nursing home administrator from another jurisdiction, if the department finds that the standards for licensing in the other jurisdiction are substantially equivalent to those in this state, and the person is otherwise qualified. (c) Notwithstanding other provisions of this chapter, the department may refuse to issue a license to a person (1) who attempts to secure the license through deceit, fraud, or intentional misrepresentation; or (2) for a reason for which it may impose disciplinary sanctions under AS 08.70.155 . Sec. 08.70.120. Examination. The purpose of the examination is to test the applicant's knowledge of the health and safety standards of the state and the applicant's experience in the practice of health care. The department shall determine the content, scope, format, and grading procedure. Examinations shall be given at least annually, at the time and place chosen by the department. Sec. 08.70.130. Provisional licenses. (a) A provisional license may be granted without examination to a person who meets the standards adopted by the department under AS 08.70.050 and who is needed to fill a vacancy in an administrative position. (b) A provisional license is valid for six months and is nonrenewable. Sec. 08.70.140. Expired licenses. (a) [Repealed, § 16 ch 141 SLA 1980.] (b) [Repealed, § 49 ch 94 SLA 1987.] (c) A person whose license has expired for a period of 24 months or more shall apply for a license in the same manner as an applicant who has not been licensed before. Sec. 08.70.150. Fees. The department shall set fees under AS 08.01.065 for examination and investigation of persons applying for a license, initial license, and license renewal. Sec. 08.70.155. Grounds for imposition of disciplinary sanctions. The department may impose the disciplinary sanctions authorized for boards under AS 08.01.075 or otherwise authorized for the department under AS 08.01 when it finds that a licensee (1) secured a license through deceit, fraud, or intentional misrepresentation; (2) engaged in deceit, fraud, or intentional misrepresentation in the course of providing professional services or engaging in professional activities; (3) advertised professional services in a false or misleading manner; (4) intentionally or negligently engaged in or permitted the performance of patient care by persons under the licensee's supervision that does not conform to minimum professional standards regardless of whether actual injury to the patient occurred; (5) failed to comply with this chapter, with a regulation adopted under this chapter, or with an order of the department; (6) continued to practice after becoming unfit due to (A) professional incompetence; (B) addiction or severe dependency on alcohol or other drugs that impairs the licensee's ability to practice safely; (C) physical or mental disability; (7) sold or furnished a license to another; (8) practiced as a nursing home administrator or used a designation tending to imply that the licensee is a nursing home administrator without a license issued under this chapter unless exempted from licensure requirements under AS 08.70.080 . Sec. 08.70.160. Disciplinary sanctions. [Repealed, § 49 ch 94 SLA 1987. For current law, see AS 08.01.075 .] Sec. 08.70.170. Penalties. A person convicted of violating a provision of this chapter is guilty of a class B misdemeanor. Sec. 08.70.175. Facilities operated by religious organizations. Nothing in this chapter or the regulations under this chapter is to be construed as requiring a person who applies for a license as administrator of a facility operated by a religious organization relying on spiritual means alone for healing to have skills in medical techniques or educational qualifications that are not in accord with the care and treatment provided in the facility. Sec. 08.70.180. Definitions. In this chapter, (1) “department” means the Department of Commerce, Community, and Economic Development; (2) “license” means the certificate awarded by the department to a qualified person that entitles the person to be a nursing home administrator in this state; (3) “licensee” means a person who has been granted a license to be a nursing home administrator in this state by the department; (4) “nursing home” means a facility which is operated in connection with a hospital or in which nursing care, intermediate care, and medical services are prescribed by or performed under the general direction of persons licensed to practice medicine or surgery within the state for the accommodation of convalescents or other persons who are not acutely ill but who do require skilled or intermediate nursing care and related medical services; the term “nursing home” is restricted to those facilities the purpose of which is to provide skilled or intermediate nursing care and related medical services for a period of not less than 24 hours a day to individuals admitted because of illness, disease or physical or mental infirmity; (5) “nursing home administrator” means a person who manages, supervises, or is in general charge of a nursing home, even though the duties are shared with another person; a member of a board of directors of a nursing home is an administrator only if the board member also serves in the administrative capacity defined in this paragraph. Sec. 08.70.190. [Renumbered as AS 08.70.175 .]