North Carolina Administrative Code

21 NCAC 37B .0205 STATE EXAM The term "State Exam" as used in these Rules means the examination provided by this Board regarding North Carolina state laws and rules concerning nursing homes. History Note: Authority G.S. 90-278; Eff. April 1, 1996; Pursuant to G.S. 150B-21.3A, rul…

SUBCHAPTER 37C - RULEMAKING AND DECLARATORY RULINGS SECTION .0100 - ADOPTION OF RULES 21 NCAC 37C .0101 PETITIONS FOR ADOPTION OF RULES (a) General. The procedure for petitioning the Board to adopt, amend, or repeal a rule is governed by G.S. 150B-20. (b) Submission. Rule-making …

21 NCAC 37C .0102 PROCEDURE FOR ADOPTION OF RULES (a) General. The procedure for the adoption, amendment or repeal of rules is governed by G.S. 150B-21.2. (b) Notice of Rule-making. Notice of rule-making shall be published in the North Carolina Register. Any person who wishes to …

21 NCAC 37C .0103 DECLARATORY RULINGS (a) General. The issuance of declaratory rulings by the Board is governed by G.S. 150B-4. (b) Request And Contents. A request for a declaratory ruling shall be in writing and addressed to the Executive Director. The request shall contain the …

SUBCHAPTER 37D - NEW LICENSES SECTION .0100 - GENERAL 21 NCAC 37D .0101 OVERVIEW The Board issues new licenses, reciprocal licenses and temporary licenses. All applicants shall comply with the application requirements set out in Section .0200 of this Subchapter. New license appli…

21 NCAC 37D .0102 STEPS FOR NEW LICENSE APPLICANTS New license applicants shall: (1) Meet educational and experience requirements as set out in 21 NCAC 37D .0300 generally; (2) Apply for and successfully complete the AIT program pursuant to 21 NCAC 37D .0400; (3) Apply for and su…

SECTION .0200 - APPLICATION FOR LICENSE 21 NCAC 37D .0201 APPLICATION PACKAGE (a) An applicant shall request, in writing, an application package from the Board. The request shall be accompanied by copying charges at a cost as set out in 26 NCAC 1 .0103, which shall be credited to…

21 NCAC 37D .0202 INITIAL LICENSURE FEE Prior to licensure, the applicant shall send an initial licensure non-refundable fee of six hundred dollars ($600.00) when the applicant has passed the examinations required by the Board under Sections .0600 and .0700 of this Subchapter. Hi…

21 NCAC 37D .0203 REFERENCES A candidate for licensure shall submit with his application three reference forms (one of which shall be from an employer) from individuals not related to the candidate who shall certify to the good moral character of the applicant. It shall be prima …

21 NCAC 37D .0204 FELONIES AND/OR MISDEMEANORS (a) Felony. An applicant for licensure who has been convicted by any jurisdiction of a felony shall not be permitted to enter the AIT program or otherwise be licensed unless his rights of citizenship have been restored. (b) Misdemean…

SECTION .0300 - EDUCATION, EXPERIENCE AND REQUIRED COURSE 21 NCAC 37D .0301 EDUCATION To be eligible for the national and state exams and for licensure, an applicant shall have either a minimum of two years credit from an accredited college as described in G.S. 90-278(b) or have …

21 NCAC 37D .0302 COMBINATION OF EDUCATION AND EXPERIENCE A combination of education and experience shall comply with the following requirements: (1) A minimum of one year of college credit from an accredited institution with a cumulative average of at least a 2.0 grade point ave…

21 NCAC 37D .0303 REQUIRED COURSE (a) The course prescribed by the Board pursuant to G.S. 90-278(1)c shall be comprised of in-class instruction, including all the domains of practice as described in Rule .0605 of this Subchapter. (b) An applicant with a health care administration…

SECTION .0400 - ADMINISTRATOR-IN-TRAINING 21 NCAC 37D .0401 TRAINING REQUIREMENT Each applicant for initial licensure shall complete an AIT program under the direction of a preceptor unless he is exempt from this requirement under G.S. 90-278(1)d or Rule .0412 of this Section. Hi…

21 NCAC 37D .0402 APPLICATION TO BECOME ADMINISTRATOR-IN-TRAINING (AIT) (a) The applicant shall submit to the Board an application containing: (1) name; (2) education; (3) employment history; (4) questions pertaining to moral character; (5) criminal history; and (6) an affidavit …

21 NCAC 37D .0403 TRAINING PERMIT (a) After the interview and approval, and upon notification from the preceptor of the starting date of the AIT program, the Board shall issue an AIT training permit to the applicant for a maximum one-year period beginning on the date the permit i…

21 NCAC 37D .0404 ADMINISTRATOR-IN-TRAINING SELECTION OF PRECEPTOR (a) AIT applicants shall select a preceptor prior to submitting application to the Board. Lists of preceptors approved by the Board can be found on the Board's website www.ncbenha.org, (b) It shall be the responsi…

21 NCAC 37D .0405 ADMINISTRATOR-IN-TRAINING PROGRAM (a) The preceptor shall evaluate and recommend to the Board the length of the AIT program required to teach the core of knowledge as outlined in 21 NCAC 37D .0605 before accepting the AIT to train in a facility approved by the B…

21 NCAC 37D .0406 AIT REPORTS (a) At the conclusion of each month, the AIT shall submit to the Board a report on his progress on a form provided by the Board for that purpose. Provided, however, an AIT approved for a program of less than 20 weeks in length, shall submit weekly re…

21 NCAC 37D .0407 AIT TIME ON THE JOB (a) The AIT shall serve an internship recommended by the preceptor and approved by the Board with a minimum of 40 hours per week, principally during the hours that the preceptor is on duty. The minimum AIT program is 12 weeks, which may not b…

21 NCAC 37D .0408 CHANGE OF STATUS AND DISCONTINUANCE (a) If the AIT desires to change preceptors, he shall submit a Notice of Change of Status or Discontinuance form provided by the Board. Prior to changing preceptors, the AIT shall notify the Board and the Board's Executive Dir…

21 NCAC 37D .0409 DISMISSAL FROM PROGRAM (a) The preceptor or Board staff shall inform the AIT of his performance as the program progresses. (b) If the AIT's performance is not acceptable, the preceptor or Board staff shall so inform him, and the AIT shall be given an opportunity…

21 NCAC 37D .0410 COMPENSATION OF AITS (a) The Board shall not pay the AIT compensation for his work in the program. (b) The facility in which the AIT is training may compensate the AIT, but is not required to do so by these Rules. History Note: Authority G.S. 90-278; 90-285; Eff…

21 NCAC 37D .0411 APPROVAL OF PROGRAMS OF STUDY IN ACCREDITED INSTITUTIONS History Note: Authority G.S. 90-278; 90-285; Eff. February 1, 1976; Amended Eff. April 8, 1977; Readopted Eff. October 1, 1981; December 15, 1977; Amended Eff. February 1, 1991; May 1, 1989; Transferred an…

21 NCAC 37D .0412 INITIAL ON-THE-JOB TRAINING (a) Every AIT program shall include a 12 week initial on-the-job training component plus such additional weeks of on-the-job training appropriate to the individual applicant based upon education and experience necessary to assure mini…

SECTION .0500 - PRECEPTORS 21 NCAC 37D .0501 APPLICATION FOR PRECEPTOR CERTIFICATION A licensed Nursing Home Administrator wishing to be certified as a preceptor for the AIT program may apply on an application obtained by writing to the Board. History Note: Authority G.S. 90-278;…

21 NCAC 37D .0502 PRECEPTOR QUALIFICATIONS (a) To be certified as a preceptor the nursing home administrator shall: (1) exemplify the highest ethical and professional standards and not have violated any standards stated in G.S. 90-285.1; (2) have been the administrator of record …

21 NCAC 37D .0503 PRECEPTOR'S REPORTS (a) At the end of the approved AIT program, the preceptor shall submit a report and an evaluation of the AIT on forms provided by the Board. These forms are to be submitted to the Board within 10 days of completion of the AIT program. The for…

21 NCAC 37D .0504 PRECEPTOR COMPLIANCE Failure to comply with the supervision and reporting requirements of these rules shall constitute grounds for discipline of the preceptor as well as grounds for revision, suspension or recision of the training permit. History Note: Authority…

section .0600 – national exam 21 NCAC 37D .0601 ELIGIBILITY (a) To be eligible to take the national exam, an applicant shall: (1) be approved for an AIT program which, along with the required course prescribed in 21 NCAC 37D .0303, shall be completed within 45 days after the exam…

21 NCAC 37D .0602 NATIONAL EXAM APPLICATION To sit for the National Exam, a person shall submit an exam application electronically to the National Association of Long Term Care Administrators Board (NAB) through their website www.nabweb.org. After the applicant has completed the …

21 NCAC 37D .0603 NATIONAL EXAMINATION ADMINISTRATION (a) The applicant may sit for the national examination consistent with the examination schedule established by the National Association of Boards of Examiners of Long Term Care Administrators( NAB). (b) An applicant shall sit …

21 NCAC 37D .0604 GRADE REQUIRED Every candidate for a nursing home administrator's license shall be required to pass the licensing examinations in accordance with the National Association of Long Term Care Administrator Boards standards which are referenced under "Scaled Scores"…

21 NCAC 37D .0605 SUBJECT AREAS History Note: Authority G.S. 90-278; 90-285; Eff. February 1, 1976; Readopted Eff. October 1, 1981; December 15, 1977; Amended Eff. August 2, 1993; Transferred and Recodified from 21 NCAC 37A .0701 Eff. April 1, 1996; Amended Eff. July 1 2004; July…

section .0700 – state exam 21 NCAC 37D .0701 ELIGIBILITY (a) To be eligible to take the state examination, the applicant shall be qualified under Rules .0601 and .0603(b) of this Subchapter. (b) Upon the third failure of any exam required by the Board, the AIT and the preceptor s…

21 NCAC 37D .0702 APPLICATION To sit for the state examination, a person shall submit an application on a form provided by the Board. History Note: Authority G.S. 90-285; Eff. April 1, 1996; Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. S…

21 NCAC 37D .0703 STATE EXAMINATION ADMINISTRATION (a) The State Examination shall be administered on dates to be determined and published by the Board on the State Examination Application form located on the Board's website. It may also be offered to reciprocity applicants and t…

21 NCAC 37D .0704 GRADE REQUIRED Each candidate for a nursing home administrator's license shall be required to pass the licensing examinations with a grade of at least 75 percent. History Note: Authority G.S. 90-285; Eff. July 1, 2000; Pursuant to G.S. 150B-21.3A, rule is necess…

subchapter 37 – BOARD OF NURSING HOME ADMINISTRATORS section .0100 – general provisions 21 NCAC 37E .0101 APPLICATION PROCESS (a) The Board may issue a license to a nursing home administrator who holds a nursing home administrator license issued by the licensing authorities of an…

21 NCAC 37E .0102 APPLICATION CONTENTS An applicant for reciprocity endorsement shall submit the following items that shall be received by the Board three weeks prior to the next scheduled Board Meeting posted on the Board's website: (1) a completed application; (2) a resume; (3)…

21 NCAC 37E .0103 DENIAL AND REVOCATION The Board shall have the power, after due notice and an opportunity to be heard at a hearing, to revoke or suspend the nursing home administrator license issued to any person under this Rule upon evidence satisfactory to the Board that the …

subchapter 37f – temporary licenses section .0100 – temporary license requirements 21 NCAC 37F .0101 PREREQUISITES FOR TEMPORARY LICENSURE (a) The Chairman of the Board may issue a temporary license through the Executive Director for an initial period of time from issuance until …

21 NCAC 37F .0102 ISSUANCE OF TEMPORARY LICENSE (a) An applicant for a temporary license shall submit the following items: (1) a completed application; (2) a resume; (3) three reference forms (one employer and two character) located on the Board's website as set forth in Rule 21 …

SUBCHAPTER 37G - RENEWAL, INACTIVE, RESTORATION AND REINSTATEMENT, DUPLICATE and verification of license SECTION .0100 - RENEWAL REQUIREMENTS 21 NCAC 37G .0101 RENEWAL (a) A license shall expire on the 30th day of September of the second year following its issuance. (b) The licen…

21 NCAC 37G .0102 RENEWAL FEE Upon making application for renewal, a licensee shall pay a biennial licensure fee of six hundred dollars ($600.00). History Note: Authority G.S. 90-280; 90-285; 90-286; Eff. February 1, 1976; Amended Eff. August 1, 1977; April 8, 1977; Readopted Eff…

SECTION .0200 - INACTIVE LICENSES 21 NCAC 37G .0201 INACTIVE REQUIREMENTS (a) An administrator who desires to be placed on the inactive list shall make a written request on the biennial renewal form provided by the Board and submit a non-refundable inactive fee of one hundred dol…

21 NCAC 37G .0202 ACTIVATION OF INACTIVE LICENSE (a) A nursing home administrator whose license has been inactive for less than three years may activate the license by submitting an application to the Board, documentation of the applicant's completion of 30 hours of continuing ed…

SECTION .0300 - REINSTATEMENT 21 NCAC 37G .0301 REINSTATEMENT OF LICENSE Upon re-applying for a license as provided in 21 NCAC 37D .0201, .0202, .0203, .0204 and after a revocation period of two years, the Board may reinstate a license for good cause. Good cause means that the ap…

21 NCAC 37G .0302 RESTORATION OF LAPSED LICENSE (a) A nursing home administrator whose license has lapsed for a period of time less than two years shall submit an application to the Board in accordance with 21 NCAC 37D .0402. The application shall be on a form provided by the Boa…

SECTION .0400 – DUPLICATE AND VERIFICATION OF LICENSE 21 NCAC 37G .0401 DUPLICATE LICENSE REQUIREMENTS (a) When the Board has been notified by a licensee in a written statement that a license or certificate of registration has been lost, mutilated, or destroyed, the Board shall i…