Title HSC — California Health & Safety Code

This chapter shall be known and may be cited as the Nursing Home Administrators’ Act.

There is hereby established in the State Department of Health Services a Nursing Home Administrator Program (NHAP), which shall license and regulate nursing home administrators.

In conformity with the requirements of Section 1908(c) of the Social Security Act (42 U.S.C. Sec. 1396g(c)), the program shall have all of the following powers and duties: (a) To develop, impose, and enforce standards that shall be met by individuals in order to receive a license…

The following enforcement actions taken by the department against a facility and the name of the licensed administrator of the facility shall be reported to the program. (a) Temporary suspension orders. (b) Final decertification from the Medi-Cal or Medicare programs based on fai…

(a) The following definitions shall apply to this chapter: (1) “Department” means the State Department of Health Services. (2) “NHAP” or “program” means the Nursing Home Administrator Program. (3) “State” means California, unless applied to the different parts of the United State…

(a) The nursing home administrator licensing examination shall cover the broad aspects of nursing home administration. (b) Unless otherwise provided in this article, every applicant for an initial license as a nursing home administrator shall pass a nursing home administrator lic…

(a) To qualify for the licensing examination, an applicant must be at least 18 years of age, be a citizen of the United States or a legal resident, be of reputable and responsible character, demonstrate an ability to comply with this chapter, and comply with at least one of the f…

(a) Upon request of an applicant who is a member of a church or religious denomination, recognized by the Internal Revenue Service under Section 501(c)(3) of the Internal Revenue Code, that owns and operates a faith-based skilled nursing facility in California, and whose teaching…

(a) An application for a nursing home administrator license shall be submitted to the program on a form provided by the program, with the appropriate nonrefundable fee for any required examination, the application, and licensure. The application shall contain information the prog…

(a) As part of the application process for a nursing home administrator license, an applicant shall electronically submit fingerprint images and related information, for a criminal offender record information search, to the Department of Justice and the Federal Bureau of Investig…

(a) Notwithstanding any other law, the program shall at the time of application, issuance, or renewal of a nursing home administrator license require that the applicant or licensee provide the federal employer identification number or social security number of the applicant or li…

(a) The program shall require compliance with any judgment or order for support prior to issuance or renewal of a license. (b) Each applicant for the issuance or renewal of a nursing home administrator license, who is not in compliance with a judgment or order for support shall b…

(a) Prior to admission to the licensing examination, the applicant shall read and sign an examination security agreement and comply with its terms. (b) The program may deny, suspend, revoke, or otherwise restrict the license of an applicant or a licensee for any of the following …

(a) (1) In order to have a passing score on either the national or state examination, an examinee shall earn a score of at least 75 percent. (2) An applicant who fails to pass either the national or state examination shall retake the entire national or state examination. (3) An a…

(a) The fees prescribed by this chapter are as follows: (1) The application fee for reviewing an applicant’s eligibility to take the examination shall be twenty-five dollars ($25). (2) The application fee for persons applying for reciprocity consideration licensure under Section …

Within 10 days after the beginning of every month, all fees collected by the program for the month preceding, under this chapter, shall be paid into the State Department of Public Health Licensing and Certification Program Fund established by Section 1266.9, to defray the expense…

The program shall adopt rules and regulations that are reasonably necessary to carry out this chapter. The rules and regulations shall be adopted, amended, and repealed in accordance with Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Govern…

(a) For purposes of this chapter, “reciprocity applicant” means any applicant who holds a current license as a nursing home administrator in another state has been licensed and in good standing, has passed the national examination, and the applicant is otherwise qualified. (b) An…

(a) Except for provisional licenses issued pursuant to Section 1416.40, each license issued pursuant to this chapter shall expire 24 months from the date of issuance. (b) To renew an unexpired license the licensee shall, at least 30 days prior to the expiration of the license, su…

(a) Notwithstanding any other provision of law, a licensee who permitted his or her license to expire while serving in any branch of the armed services of the United States during a period of war, as defined in subdivision (e), may, upon application, reinstate his or her license …

A licensee may not engage in licensed activity while his or her license is suspended or revoked, or after it has expired.

(a) A revoked license may not be renewed. (b) A licensee whose license has been revoked may petition the program for reinstatement after a period of not less than one year has elapsed from the effective date of the decision or from the date of the denial of a similar petition. Th…

A licensee who does not intend to engage in activity requiring nursing home administrator licensure may file a request to place his or her license in inactive status. An inactive license is subject to all requirements for renewal, including payment of fees, but completion of cont…

(a) For purposes of this chapter, “continuing education” means any course of study offered by an educational institution, association, professional society, or organization for the purpose of providing continuing education for nursing home administrators. (b) This section shall g…

(a) An Administrator-in-Training Program (AIT Program) shall be developed by the NHAP, in consultation with representatives from the long-term care industry and advocacy groups. The AIT Program shall include, but not be limited to, all of the following areas of instruction: (1) O…

(a) An individual may, upon compliance with the requirements of this section, be approved by the program to be a preceptor who is authorized to provide a training program in which the preceptor coordinates, supervises, and teaches persons seeking to meet specified requirements to…

(a) It shall be a misdemeanor for any person to act or serve in the capacity of a nursing home administrator, unless he or she is the holder of an active nursing home administrator’s license issued in accordance with this chapter. Persons carrying out functions and duties delegat…

Each licensee shall, within 30 days, after each appointment as the designated administrator of a nursing home and after any termination of that appointment, notify the program. Each notification shall include the name of the administrator, the nursing home administrator number as…

The program shall maintain a current list of nursing home administrators who have been placed on probation or had their licenses suspended or revoked within the last three years. The program shall provide the current list of these administrators to licensed nursing homes and the …

(a) The program shall maintain a record of enforcement actions reported to the program, pursuant to Section 1416.12. The program shall routinely review the citation logs and files of nursing home administrators whose facilities have received citations from the department to deter…

(a) The program shall develop and make available a form that may be utilized at the nursing home administrator’s option to provide the program with relevant information, documentation, and background on any actions reported to the program pursuant Section 1416.12. (b) Any reports…

(a) It is the responsibility of the nursing home administrator as the managing officer of the facility to plan, organize, direct, and control the day-to-day functions of a facility and to maintain the facility’s compliance with applicable laws, rules, and regulations. (b) The adm…

(a) Within 24 hours after the nursing home administrator acquires actual knowledge or credible information that any of the events specified in subdivision (b) has occurred, the nursing home administrator shall notify the department’s district office for licensing and certificatio…

(a) The program shall establish a system for the issuance of citations to licensees, examinees, or participants of any program activity offered or approved by the program. The citations may contain an order of abatement, an order to pay an administrative fine assessed by the prog…

(a) The program may issue a citation to any person who holds a license from the program and who violates any statute or regulation governing licensed nursing home administrators. (b) Any licensee served with a citation may contest the citation by appeal to the program within 30 d…

(a) The time allowed for abatement of violation shall begin the first day after the order of abatement has been served or received. If a licensee who has been issued an order of abatement is unable to complete the correction within the time set forth in the citation because of co…

The program may deny, or may suspend or revoke, a license upon any of the following grounds: (a) Gross negligence. (b) Incompetence. (c) The conviction of any crime involving dishonesty or which is substantially related to the qualifications, functions, or duties of a nursing hom…

(a) The program may deny a nursing home administrator applicant or licensee, a license, based on one of the following grounds: (1) Conviction of a crime. A conviction within the meaning of this section means a plea or verdict of guilty or a conviction following a plea of nolo con…

The program may deny, or may suspend or revoke, a nursing home administrator license or participation in specific training program areas under this chapter upon any of the following grounds: (a) Misappropriation of funds or property of the facility, the patients, or of others. (b…

(a) The program may place a nursing home administrator license on probation in lieu of formal action to suspend or revoke the license if the department determines that probation is the appropriate action. Upon successful completion of the probation period, the license shall be re…

Upon the determination to deny application for licensure for grounds specified in Section 1416.77, the program shall immediately notify the applicant in writing by certified mail. A petition for an administrative hearing must be received by the program within 20 business days of …

(a) Proceedings to suspend or revoke licensure for grounds specified in Section 1416.77 shall be conducted in accordance with Section 100171. In the event of conflict between this chapter and Section 100171, Section 100171 shall prevail. (b) (1) The program may temporarily suspen…

Whenever any person has engaged, or is about to engage, in any acts or practices that constitute, or will constitute, a violation of this chapter, the superior court in and for the county in which those acts or practices take place, or are about to take place, may issue an injunc…

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, that invalidity shall not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end th…