Maine Statute | Act | Code |Title 32. Professions And Occupations| US Code - US Statute | Chapter 02. Nursing Home Administrators Licensing Board (heading. Pl 1987, C. 769, Pt. A, @117 (rpr))

USA Statutes : maine
Title : Title 32. PROFESSIONS AND OCCUPATIONS
Chapter : Chapter 02. NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING. PL 1987, c. 769, Pt. A, @117 (rpr))

Title 32 - §61. Requirement for license

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§61. Requirement for license

A medical care facility other than a hospital may not operate except under the supervision of a licensed administrator and an individual may not be an administrator of a medical care facility other than a hospital unless that individual is the holder of a current administrator's license or a temporary permit issued pursuant to this chapter. [1993, c. 600, Pt. A, §27 (amd).]

Section History:
PL 1969,
Ch. 350,
§ (NEW).
PL 1969,
Ch. 359,
§ (NEW).
PL 1969,
Ch. 556,
§1 (AMD).
PL 1971,
Ch. 162,
§1 (AMD).
PL 1971,
Ch. 544,
§108 (RP ).
PL 1985,
Ch. 233,
§3 (AMD).
PL 1991,
Ch. 341,
§1,2 (AMD).
PL 1993,
Ch. 600,
§A27 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §62. Definitions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§62. Definitions

1. Administrator. "Administrator" means an individual who is charged with and has responsibility for the general administration of a facility other than a hospital whether or not such individual has an ownership interest in such home and whether or not that individual's functions and duties are shared with one or more other individuals. [1991, c. 341, §2 (amd).]

1-A. Administrator-in-training. "Administrator-in-training" means an individual who meets the qualifications set forth in rules by the board, is engaged in a training program defined in rules and approved by the board and is under the supervision of a preceptor also approved by the board. [1995, c. 502, Pt. H, §19 (new).]

2. Board. "Board" means the Nursing Home Administrators Licensing Board. [1985, c. 233, §4 (amd).]

2-A. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [1987, c. 769, Pt. A, §118 (amd).]

2-B. Department. "Department" means the Department of Professional and Financial Regulation. [1987, c. 769, Pt. A, §118 (amd).]

3. Medical care facility other than hospitals. "Medical care facility other than hospitals" means any facility providing therein, in addition to lodging and board, medical care or nursing supervision to sick, invalid, infirm, disabled or convalescent persons. [1985, c. 233, §4 (amd).]

4. Preceptor. "Preceptor" means an individual who is licensed by the board and who meets qualifications set forth in rules by the board to supervise the program of one or more administrators-in-training. [1995, c. 502, Pt. H, §20 (new).]

Section History:
PL 1969,
Ch. 350,
§ (NEW).
PL 1969,
Ch. 359,
§ (NEW).
PL 1969,
Ch. 590,
§59 (AMD).
PL 1971,
Ch. 544,
§108 (RP ).
PL 1985,
Ch. 233,
§4 (AMD).
PL 1987,
Ch. 769,
§A118 (AMD).
PL 1995,
Ch. 502,
§H19,20 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §63-A. Board established; membership and organization

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§63-A. Board established; membership and organization

1. Membership. The Nursing Home Administrators Licensing Board, as established by Title 5, section 12004-A, subsection 23, and referred to in this section as the "board," consists of 7 members appointed by the Governor. The members must be citizens of the United States and residents of this State. One member must be a registered nurse with not less than 5 years of active practice in nursing homes in the State. Two members must be representatives of the public. Three members must be administrators of nursing homes with not less than 5 years of active experience in the State. One member must be an administrator of an intermediate care facility for the mentally retarded with not less than 5 years of active practice in that capacity. [1999, c. 790, Pt. A, §35 (rpr).]

2. Terms. Appointments are for 3-year terms. Appointments of members must comply with section 60. A member may be removed by the Governor for cause. [1993, c. 600, Pt. A, §28 (amd).]

3. Meetings; chair; quorum. The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority of the board constitutes a quorum for all purposes. [1993, c. 600, Pt. A, §28 (amd).]

4. Compensation. [1995, c. 397, §17 (rp).]

5. Employees. [1995, c. 397, §17 (rp).]

6. Fees. [1995, c. 397, §18 (rp).]

7. Reports; budget. No later than August 1st of each year, the board shall submit to the commissioner a report of its transactions of the preceding fiscal year ending June 30th and shall transmit to the commissioner a complete statement of all receipts and expenditures of the board, attested by affidavit of its chair. [1995, c. 397, §19 (amd).]

Section History:
PL 1971,
Ch. 339,
§ (NEW).
PL 1971,
Ch. 544,
§109 (RP ).
PL 1985,
Ch. 233,
§6 (NEW).
PL 1985,
Ch. 785,
§B129 (AMD).
PL 1989,
Ch. 503,
§B119 (AMD).
PL 1991,
Ch. 341,
§3 (AMD).
PL 1993,
Ch. 600,
§A28 (AMD).
PL 1993,
Ch. 659,
§A1 (AMD).
PL 1995,
Ch. 397,
§17-19 (AMD).
PL 1999,
Ch. 790,
§A35 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §63-B. Board powers and duties

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§63-B. Board powers and duties

The board shall have the powers and duties set forth in this section. [1985, c. 233, §6 (new).]

1. Board to administer and enforce. The board shall administer and enforce this chapter, evaluate the qualifications of and supervise the examination of applicants for licensure under this chapter and it shall investigate written allegations of violations of or noncompliance with this chapter. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions. [1985, c. 233, §6 (new).]

2. Rules. The board may, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II, adopt rules commensurate with the authority vested in it by this chapter, including, but not limited to, standards for courses of study for administrators, requirements for the training, experience and qualifications for the licensure of administrators and administrators-in-training, continuing educational requirements, standards and procedures for examination for the licensure of administrators, standards and procedures for the issuance, revocation and suspension of licenses of administrators and for the investigation of written charges and complaints filed with the board. [2001, c. 323, §11 (amd).]

3. Temporary licenses. The board may by rule determine conditions and procedures by which it may issue temporary licenses. Temporary licenses may be issued for periods of up to one year. The total length of multiple temporary licenses may not extend beyond one year. [RR 1993, c. 2, §32 (cor).]

4. Examinations. The board shall conduct written examinations for licensure one or more times each year, at such times and places as it may determine. [1985, c. 233, §6 (new).]

5. Application and license fees. Fees for applications, initial licenses and annual license renewals for nursing home administrators and administrators-in-training may be established as provided in section 67. [2001, c. 323, §12 (rpr).]

6. Hearings. Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise determined necessary to the fulfillment of its responsibilities under this chapter. The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of an individual who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reason for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts. [1993, c. 600, Pt. A, §30 (amd).]

7. Contracts. [1995, c. 397, §20 (rp).]

8. Exception. This chapter or the rules under this chapter may not be construed to require an applicant for a license as a nursing home administrator who is certified by a recognized church or religious denomination that teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by that church or denomination for the care and treatment of the sick in accordance with its teachings to demonstrate proficiency in medical techniques or to meet medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in those institutions. An individual licensed under this exception may act as an administrator only in those institutions described in this subsection. [1993, c. 600, Pt. A, §31 (amd).]

Section History:
PL 1985,
Ch. 233,
§6 (NEW).
PL 1991,
Ch. 341,
§4 (AMD).
PL 1993,
Ch. 600,
§A29-31 (AMD).
RR 1993,
Ch. 2,
§32 (COR).
PL 1995,
Ch. 397,
§20 (AMD).
PL 1995,
Ch. 502,
§H21 (AMD).
PL 2001,
Ch. 323,
§11,12 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §63. Board; powers and duties (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§63. Board; powers and duties (REPEALED)

Section History:
PL 1969,
Ch. 350,
§ (NEW).
PL 1969,
Ch. 359,
§ (NEW).
PL 1969,
Ch. 556,
§2 (AMD).
PL 1969,
Ch. 590,
§59-A (AMD).
PL 1971,
Ch. 162,
§2 (AMD).
PL 1971,
Ch. 226,
§ (AMD).
PL 1971,
Ch. 518,
§2,3 (AMD).
PL 1971,
Ch. 544,
§108 (RP ).
PL 1971,
Ch. 622,
§115 (AMD).
PL 1973,
Ch. 399,
§1,2 (AMD).
PL 1975,
Ch. 293,
§4 (AMD).
PL 1975,
Ch. 771,
§331 (AMD).
PL 1983,
Ch. 744,
§1-3 (AMD).
PL 1983,
Ch. 812,
§188,189 (AMD).
PL 1985,
Ch. 233,
§5 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §64-A. Disciplinary actions

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§64-A. Disciplinary actions

1. Disciplinary proceedings and sanctions. The board shall investigate a complaint, on its own motion or upon receipt of a written complaint filed with the board, regarding noncompliance with or violation of this chapter or of rules adopted by the board. The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but no later than 60 days from receipt of this information. The licensee shall respond within 30 days. If the licensee's response to the complaint satisfies the board that the complaint does not merit further investigation or action, the matter may be dismissed, with notice of the dismissal to the complainant, if any. If, in the opinion of the board, the factual basis of the complaint is or may be true and the complaint is of sufficient gravity to warrant further action, the board may request an informal conference with the licensee. The board shall provide the licensee with adequate notice of the conference and of the issues to be discussed. The conference must be conducted in executive session of the board, pursuant to Title 1, section 405, unless otherwise requested by the licensee. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent. If the board finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action, it may take any of the following actions it determines appropriate:

A. With the consent of the licensee, enter into a consent agreement that fixes the period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee. A consent agreement may be used to terminate a complaint investigation, if entered into by the board, the licensee and the Attorney General's office; [1993, c. 600, Pt. A, §32 (amd).]

B. In consideration for acceptance of a voluntary surrender of the license, negotiate stipulations, including terms and conditions for reinstatement, that ensure protection of the public health and safety and serve to rehabilitate or educate the licensee. These stipulations may be set forth only in a consent agreement signed by the board, the licensee and the Attorney General's office; [1993, c. 600, Pt. A, §32 (amd).]

C. If the board concludes that modification or nonrenewal of the license is in order, the board shall hold an adjudicatory hearing in accordance with the provisions of the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV; or [1993, c. 600, Pt. A, §32 (amd).]

D. If the board concludes that suspension or revocation of the license is in order, the board shall file a complaint in the District Court in accordance with Title 4, chapter 5. [1999, c. 547, Pt. B, §57 (amd); §80 (aff).]

[1999, c. 547, Pt. B, §57 (amd); §80 (aff).]

2. Grounds for discipline. The board may suspend or revoke a license pursuant to Title 5, section 10004. The following are grounds for an action to refuse to issue, modify, suspend, revoke or refuse to renew the license of an individual licensed under this chapter:

A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [1983, c. 378, §2 (new).]

B. Habitual substance abuse that has resulted or is foreseeably likely to result in the licensee performing assigned services in a manner that endangers the health or safety of patients; [1993, c. 600, Pt. A, §32 (amd).]

C. A professional diagnosis of a mental or physical condition that has resulted or may result in the licensee performing assigned services in a manner that endangers the health or safety of patients; [1993, c. 600, Pt. A, §32 (amd).]

D. Aiding or abetting the practice of administration of a medical care facility by an individual who is not licensed under this chapter and who claims to be legally licensed; [1993, c. 600, Pt. A, §32 (amd).]

E. Incompetence in the practice for which that individual is licensed. A licensee is considered incompetent in the practice if the licensee has:

(1) Engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or patient or the general public; or

(2) Engaged in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which that licensee is licensed;
[1993, c. 600, Pt. A, §32 (amd).]

F. Unprofessional conduct. A licensee is considered to have engaged in unprofessional conduct if that licensee violates a standard of professional behavior that has been established in the practice for which the licensee is licensed; [1993, c. 600, Pt. A, §32 (amd).]

G. Subject to the limitations of Title 5, chapter 341, conviction of a crime that involves dishonesty or false statement or relates directly to the practice for which the licensee is licensed, or conviction of a crime for which incarceration for one year or more may be imposed; [1993, c. 600, Pt. A, §32 (amd).]

H. A violation of this chapter or a rule adopted by the board; or [1993, c. 600, Pt. A, §32 (amd).]

I. Engaging in false, misleading or deceptive advertising. [1983, c. 378, §2 (new).]

[1993, c. 600, Pt. A, §32 (amd).]

Section History:
PL 1983,
Ch. 378,
§2 (NEW).
PL 1991,
Ch. 341,
§5 (AMD).
PL 1993,
Ch. 600,
§A32 (AMD).
PL 1999,
Ch. 547,
§B57 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §64. Appeals (REPEALED)

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§64. Appeals (REPEALED)

Section History:
PL 1969,
Ch. 350,
§ (NEW).
PL 1969,
Ch. 359,
§ (NEW).
PL 1971,
Ch. 544,
§108 (RP ).
PL 1973,
Ch. 303,
§3 (AMD).
PL 1977,
Ch. 694,
§536 (RPR).
PL 1983,
Ch. 378,
§1 (RP ).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §65. License renewal

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§65. License renewal

All licenses issued under this chapter, except temporary licenses, expire annually on a date established by the commissioner and become invalid if not renewed. Every individual licensed under this chapter shall pay, on or before the expiration date, a fee for renewal of license to the board. The board shall notify each individual licensed under this chapter of the date of expiration of that individual's license and the amount of fee required for its renewal for a one-year period. The notice must be mailed to the individual's last known address at least 30 days before the expiration of the license. Renewals are contingent upon evidence of participation in continuing professional education. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee. An individual who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may, in its discretion and giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of the expiration. [2001, c. 323, §13 (amd).]

Section History:
PL 1971,
Ch. 184,
§ (NEW).
PL 1971,
Ch. 544,
§111 (RP ).
PL 1985,
Ch. 233,
§6 (NEW).
PL 1993,
Ch. 600,
§A33 (AMD).
PL 2001,
Ch. 323,
§13 (AMD).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §66. Enforcement

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§66. Enforcement

1. Injunction. The State may bring an action in Superior Court to enjoin an individual from violating this chapter, regardless of whether proceedings have been or may be instituted in the District Court or whether criminal proceedings have been or may be instituted. [1993, c. 600, Pt. A, §34 (amd); 1999, c. 547, Pt. B, §78 (amd); §80 (aff).]

2. Criminal penalty. An individual who operates a medical care facility other than a hospital without holding a current license as an administrator or a temporary permit issued pursuant to this chapter commits a Class E crime. [1993, c. 600, Pt. A, §34 (amd).]

Section History:
PL 1985,
Ch. 233,
§6 (NEW).
PL 1991,
Ch. 341,
§6 (RPR).
PL 1993,
Ch. 600,
§A34 (AMD).
PL 1999,
Ch. 547,
§B78 (AMD).
PL 1999,
Ch. 547,
§B80 (AFF).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01
Title 32 - §67. Fees

Title 32: PROFESSIONS AND OCCUPATIONS
Chapter 2: NURSING HOME ADMINISTRATORS LICENSING BOARD (HEADING: PL 1987, c. 769, Pt. A, @117 (rpr))
§67. Fees

The Director of the Office of Licensing and Registration within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $200 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter II-A. [2001, c. 323, §14 (new).]

Section History:
PL 2001,
Ch. 323,
§14 (NEW).
The Revisor's Office cannot provide legal advice or interpretation of Maine law to the public. If you need legal advice, please consult a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007 This page created on: 2005-10-01

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