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| Home > Statutes > Usa Missouri |
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USA Statutes : missouri
Title : OCCUPATIONS AND PROFESSIONS
Chapter : Chapter 344 Nursing Home Administrators
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As used in this chapter the following words or phrases mean:
(1) "Board", the Missouri board of nursing home administrators;
(2) "Long-term care facility", any residential care facility I,
residential care facility II, intermediate care facility or skilled
nursing facility, as defined in section 198.006, RSMo, or similar
facility licensed by states other than Missouri;
(3) "Nursing home", any institution or facility defined as a residential
care facility II, intermediate care facility, or skilled nursing facility
for licensing purposes by section 198.006, RSMo, whether proprietary or
nonprofit;
(4) "Nursing home administrator", a person who administers, manages,
supervises, or is in general administrative charge of a nursing home,
whether such individual has an ownership interest in the home, and
whether his functions and duties are shared with one or more individuals.
(L. 1969 3d Ex. Sess. H.B. 33 § 1, A.L. 1980 H.B. 1530 Revision, A.L.
1984 S.B. 451, A.L. 1987 S.B. 277)
No person shall act or serve in the capacity of a nursing home
administrator without first procuring a license from the Missouri board
of nursing home administrators as provided in sections 344.010 to
344.100. The board may issue a separate license to administrators of
residential care facilities II, as defined in section 198.006, RSMo. Any
individual who receives a license to operate a residential care facility
II is not thereby authorized to operate any intermediate care facility or
skilled nursing facility as those terms are defined in section 198.006,
RSMo. (L. 1969 3d Ex. Sess. H.B. 33 § 2, A.L. 1989 S.B. 387)
1. An applicant for an initial license shall file a completed
application with the board on a form provided by the board, accompanied
by an application fee of one hundred dollars payable to the director of
revenue. Information provided in the application shall be given under
oath subject to the penalties for making a false affidavit.
2. No initial license shall be issued to a person as a nursing home
administrator unless:
(1) The applicant provides the board satisfactory proof that the
applicant is twenty-one years of age or over, of good moral character and
a high school graduate or equivalent;
(2) The applicant provides the board satisfactory proof that the
applicant has had a minimum of three years' experience in health care
administration or two years of postsecondary education in health care
administration or has satisfactorily completed a course of instruction
and training prescribed by the board, which includes instruction in the
needs properly to be served by nursing homes, the protection of the
interests of residents therein, and the elements of good nursing home
administration, or has presented evidence satisfactory to the board of
sufficient education, training, or experience in the foregoing fields to
administer, supervise and manage a nursing home; and
(3) The applicant passes the written examination administered by the
board. If an applicant fails to make a passing grade on the examination
such applicant may make application for reexamination on a form furnished
by the board and may be retested at the next regularly scheduled
examination. If an applicant fails the examination a third time, the
applicant shall be required to complete a course of instruction
prescribed and approved by the board before the applicant may reapply for
examination. There shall be a separate, nonrefundable fee for each
examination. The board shall set the amount of the fee for examination by
rules and regulations promulgated pursuant to section 536.021, RSMo. The
fee shall be set at a level to produce revenue which shall not
substantially exceed the cost and expense of administering the
examination.
3. The board may issue a license through reciprocity to any person who is
regularly licensed as a nursing home administrator in any other state,
territory, or the District of Columbia, if the regulations for securing
such license are equivalent to those required in the state of Missouri.
However, no license by reciprocity shall be issued until the applicant
passes a special examination approved by the board, which will examine
the applicant's knowledge of specific provisions of Missouri statutes and
regulations pertaining to nursing homes. The applicant shall furnish
satisfactory evidence that such applicant is of good moral character and
has acted in the capacity of a nursing home administrator in such state,
territory, or the District of Columbia, at least one year after the
securing of the license. The board, in its discretion, may enter into
written reciprocal agreements pursuant to this section with other states
which have equivalent laws and regulations.
4. Nothing in sections 344.010 to 344.100, or the rules or regulations
thereunder shall be construed to require an applicant for a license as a
nursing home administrator, who is employed by an institution listed and
certified by the Commission for Accreditation of Christian Science
Nursing Organizations/Facilities, Inc., to administer institutions
certified by such commission for the care and treatment of the sick in
accordance with the creed or tenets of a recognized church or religious
denomination, to demonstrate proficiency in any techniques or to meet any
educational qualifications or standards not in accord with the remedial
care and treatment provided in such institutions. The applicant's license
shall be endorsed to confine the applicant's practice to such
institutions.
5. The board may issue a temporary emergency license for a period not to
exceed ninety days to a person twenty-one years of age or over, of good
moral character and a high school graduate or equivalent to serve as an
acting nursing home administrator, provided such person is replacing a
licensed nursing home administrator who has died, has been removed or has
vacated the nursing home administrator's position. No temporary emergency
license may be issued to a person who has had a nursing home
administrator's license denied, suspended or revoked. A temporary
emergency license may be renewed for one additional ninety-day period
upon a showing that the person seeking the renewal of a temporary
emergency license meets the qualifications for licensure and has filed an
application for a regular license, accompanied by the application fee,
and the examination has not yet been given. No temporary emergency
license may be renewed more than one time. (L. 1969 3d Ex. Sess. H.B. 33
§ 3, A.L. 1979 S.B. 145, A.L. 1987 S.B. 277, A.L. 1988 S.B. 602, A.L.
1989 S.B. 387, A.L. 1996 H.B. 905 merged with H.B. 1362)
Effective 7-12-96
1. Every license issued under this chapter shall expire on June
thirtieth of the year following the year of issuance and every other year
thereafter, provided that licenses issued or renewed during the year 2006
may be issued or renewed by the board for a period of either one or two
years, as provided by rule. Licensees seeking renewal shall, during the
month of May of the year of renewal, file an application for renewal on
forms furnished by the board, which shall include evidence satisfactory
to the board of completion of the approved continuing education hours
required by the board, and shall be accompanied by a renewal fee as
provided by rule payable to the department of health and senior services.
2. Upon receipt of an incomplete application for renewal, the board shall
grant the applicant a temporary permit which shall be in effect for
thirty days. The applicant is required to submit the required
documentation or fee within the thirty-day period, or the board may
refuse to renew his application. The thirty-day period can be extended
for good cause shown for an additional thirty days. Upon receipt of the
approved continuing education credits or other required documentation or
fee within the appropriate time period, the board shall issue a license.
3. The board shall renew the license of an applicant who has met all of
the requirements for renewal.
4. As a requirement for renewal of license, the board may require not
more than forty-eight clock hours of continuing education a year. The
continuing education provided for under this section shall be approved by
the board. There shall be a separate, nonrefundable fee for each single
offering provider. The board shall set the amount of fee for any single
offering provided by rules and regulations promulgated pursuant to
section 536.021, RSMo. The fee shall be set at a level to produce revenue
which shall not substantially exceed the cost and expense in
administering and reviewing any single offering.
5. By April first of each year, the board shall mail an application for
renewal of license to every person whose license shall be renewed during
the current year. The applicant must submit such information as will
enable the board to determine if the applicant's license should be
renewed. Information provided in the application shall be given under
oath.
6. Any licensee who fails to apply to renew his license by June thirtieth
of the licensee's year of renewal may be relicensed by the board if he
meets the requirements set forth by the board pursuant to sections
344.010 to 344.100 and pays the renewal fee required by rule, plus a
penalty of twenty-five dollars. No action shall be taken by the board in
addition to a penalty of twenty-five dollars imposed by this section
against any such licensee whose license has not expired for a period of
more than two months, and who has had no action in the preceding five
years taken against them by the board, and who has met all other
licensure requirements by June thirtieth of the year of renewal;
provided, however, that nothing in this section shall prevent the board
from taking any other disciplinary action against a licensee if there
shall exist a cause for discipline pursuant to section 344.050. A person
whose license has expired for a period of more than twelve months must
meet the requirements set out in section 344.030 for initial licensure.
(L. 1969 3d Ex. Sess. H.B. 33 § 4, A.L. 1979 S.B. 145, A.L. 1987 S.B.
277, A.L. 1989 S.B. 387, A.L. 2000 H.B. 1591, A.L. 2005 S.B. 177)
1. The board may refuse to issue or renew any certificate of
registration or authority, permit or license required pursuant to this
chapter for one or any combination of causes stated in subsection 2 of
this section. The board shall notify the applicant in writing of the
reasons for the refusal and shall advise the applicant of his right to
file a complaint with the administrative hearing commission as provided
by chapter 621, RSMo.
2. The board may cause a complaint to be filed with the administrative
hearing commission as provided by chapter 621, RSMo, against any holder
of any certificate of* registration or authority, permit or license
required by this chapter or any person who has failed to renew or has
surrendered his certificate of* registration or authority, permit or
license for any one or any combination of the following causes:
(1) Use or unlawful possession of any controlled substance, as defined in
chapter 195, RSMo, or alcoholic beverage to an extent that such use
impairs a person's ability to perform the work of any profession licensed
or regulated by this chapter;
(2) The person has been finally adjudicated and found guilty, or entered
a plea of guilty or nolo contendere, pursuant to criminal prosecution
under the laws of any state or of the United States, for any offense
reasonably related to the qualifications, functions or duties of any
profession licensed or regulated under this chapter, for any offense an
essential element of which is fraud, dishonesty or an act of violence, or
for any offense involving moral turpitude, whether or not sentence is
imposed;
(3) Use of fraud, deception, misrepresentation or bribery in securing any
certificate of registration or authority, permit or license issued
pursuant to this chapter or in obtaining permission to take any
examination given or required pursuant to this chapter;
(4) Obtaining or attempting to obtain any fee, charge, tuition or other
compensation by fraud, deception or misrepresentation;
(5) Incompetency, misconduct, gross negligence, fraud, misrepresentation
or dishonesty in the performance of the functions or duties of any
profession licensed or regulated by this chapter;
(6) Violation of, or assisting or enabling any person to violate, any
provision of this chapter, or of any lawful rule or regulation adopted
pursuant to this chapter;
(7) Impersonation of any person holding a certificate of registration or
authority, permit or license, or allowing any person to use his
certificate of registration or authority, permit, license or diploma from
any school;
(8) Disciplinary action against the holder of a license or other right to
practice any profession regulated by this chapter granted by another
state, territory, federal agency or country upon grounds for which
revocation or suspension is authorized in this state;
(9) A person is finally adjudged incapacitated or disabled by a court of
competent jurisdiction;
(10) Assisting or enabling any person to practice or offer to practice
any profession licensed or regulated by this chapter who is not
registered and currently eligible to practice under this chapter;
(11) Issuance of a certificate of registration or authority, permit or
license based upon a material mistake of fact;
(12) Violation of the drug laws or rules and regulations of this state,
any other state or the federal government;
(13) Knowingly failing to report abuse or neglect of a resident in a
long-term care facility, as required by section 198.070, RSMo, of which
he has actual knowledge that it is abuse or neglect.
3. The administrative hearing commission shall have no authority to
require issuance of a license, pending a final determination by the
commission, in any case in which an applicant is seeking initial
licensure.
4. No license may be suspended or revoked and no application for renewal
of a license may be denied under this section until the licensee has been
afforded an opportunity for hearing after due notice as provided in
sections 621.015 to 621.205, RSMo.
5. Upon a finding by the administrative hearing commission that the
grounds, provided in subsection 2 of this section, for disciplinary
action are met, the board may, singly or in combination, place upon
probation, suspend or revoke a certificate of registration or authority,
permit or license. (L. 1969 3d Ex. Sess. H.B. 33 § 5, A.L. 1979 S.B. 145,
A.L. 1980 H.B. 1530 Revision, A.L. 1987 S.B. 277, A.L. 1989 S.B. 387)
*Word "or" appears in original rolls.
1. The director of the department of health and senior services
shall appoint ten suitable persons who together with the director of the
division of aging of the department of health and senior services shall
constitute the "Missouri Board of Nursing Home Administrators" which is
hereby created within the department of health and senior services and
which shall have the functions, powers and duties prescribed by sections
344.010 to 344.100.
2. In addition to the director of the division of aging or his designee
the membership of the board shall consist of one licensed physician, two
licensed health professionals, one person from the field of health care
education, four persons who have been in general administrative charge of
a licensed nursing home for a period of at least five years immediately
preceding their appointment, and two public members. The public members
shall be persons who are not, or never were, licensed nursing home
administrators or the spouse of such persons, or persons who do not have
or never have had a material, financial interest in either the providing
of licensed nursing home services or in an activity or organization
directly related to licensed nursing home administration. Neither the one
licensed physician, the two licensed health professionals, nor the person
from the health care education field shall have any financial interest in
a licensed nursing home.
3. The members of the board shall be appointed for three-year terms or
until their successors are appointed and qualified provided that no more
than four members' terms shall expire in the same year. All members
appointed prior to September 28, 1979, shall serve the term for which
they were appointed. The governor shall fill any vacancies on the board
as necessary. Appointment to fill an unexpired term shall not be
considered an appointment for a full term. Board membership, continued
until successors are appointed and qualified, shall not constitute an
extension of the three-year term and the successors shall serve only the
remainder of the term.
4. Every member shall receive a certificate of appointment; and every
appointee, before entering upon his or her duties, shall take the oath of
office required by article VII, section 11, of the Constitution of
Missouri.
5. Any member of the board may be removed by the director of the
department of health and senior services for misconduct, incompetency or
neglect to duty after first being given an opportunity to be heard in his
own behalf. (L. 1969 3d Ex. Sess. H.B. 33 § 6, A.L. 1979 S.B. 145, A.L.
2002 H.B. 1953)
1. The board shall annually elect one of its members as
president, another as vice president, and another as secretary. It shall
adopt an official seal. It shall file and preserve all written
applications, petitions, complaints, charges or requests made or
presented to it. It shall cause to be kept accurate records and minutes
of its proceedings, and shall maintain a register of the names and
addresses of all persons holding licenses as nursing home administrators.
A copy of any entry in the register, or of any records or minutes of the
board, certified by the president or secretary of the board under its
seal, shall be received in evidence, to all intents and purposes as the
original. The board may employ such part- or full-time clerical
assistance, purchase such equipment and supplies, employ legal counsel,
employ a part- or full-time investigator, and incur travel and other
expense, within the limits of its appropriations.
2. The board shall adopt, amend and repeal rules and regulations
necessary to carry out the provisions of sections 344.030 to 344.100. Any
rule or regulation under the authority of sections 344.030 to 344.100
shall be promulgated in accordance with chapter 536, RSMo. The committee
on administrative rules may file a complaint in accordance with the
provisions of chapter 536, RSMo, before the commission contesting the
validity of any rule purportedly promulgated under the authority of
sections 344.030 to 344.100. On filing any complaint in accordance with
this section, the administrative hearing commission shall immediately
suspend that portion of the rule which is challenged until the commission
has determined the matter. The commission shall hold a hearing within ten
days of the filing to determine the matter. No rule or portion of a rule
promulgated under the authority of this chapter shall become effective
unless it has been promulgated pursuant to the provisions of section
536.024, RSMo.
3. The board shall examine, license, and renew the license of duly
qualified applicants, and shall conduct hearings affording due process of
law, upon charges calling for discipline of a licensee. The board shall
refer to the appropriate prosecuting attorney information regarding any
persons violating the provisions of sections 344.010 to 344.100 and may
incur necessary expenses therefor. (L. 1969 3d Ex. Sess. H.B. 33 § 7,
A.L. 1979 S.B. 145, A.L. 1993 S.B. 52, A.L. 1995 S.B. 3)
The members of the board, other than the director of the
division of aging or his designee, shall receive as compensation for
their services fifty dollars for each day devoted to the affairs of the
board, and shall be entitled to reimbursement for their expenses
necessarily incurred in the discharge of their official duties. (L. 1969
3d Ex. Sess. H.B. 33 § 8, A.L. 1979 S.B. 145, A.L. 1987 S.B. 277)
Any person who acts or serves in the capacity of a nursing home
administrator without being properly licensed by the Missouri board of
nursing home administrators as provided in sections 344.010 to 344.100 is
guilty of a misdemeanor and, upon conviction, shall be punished as
provided by law. The board shall immediately notify the licensing
authority for nursing homes whenever a proceeding has been initiated to
suspend or revoke the license of a nursing home administrator and
whenever the license of a nursing home administrator is suspended,
revoked, or not renewed. (L. 1969 3d Ex. Sess. H.B. 33 § 10, A.L. 1979
S.B. 145)
1. Any nursing home administrator possessing a current license
to practice as a nursing home administrator in this state who has
maintained an active license for at least ten years may retire his or her
license by filing an affidavit with the board which states the date on
which the licensee retired from such practice and such other facts as
tend to verify the retirement as the board may deem necessary. The
affidavit shall be accompanied by a fee of twenty-five dollars made
payable to the division of aging. Such request for retired status may
also be accomplished by signing the request for retired status that
appears on the nursing home administrator's application for license
renewal and returning such application to the board prior to June
thirtieth of the year of renewal of the administrator's active license,
accompanied by a fee of twenty-five dollars made payable to the division
of aging. Information provided in the request for retired status shall be
given under oath subject to the penalties for the making of a false
affidavit.
2. An individual who requests retired license status shall return his or
her original wall license and all other indicia of licensure to the
board. Once the board has received the original wall license from the
licensee and the other requirements for requesting retired status have
been met, the board shall issue a new license to the licensee indicating
that the licensee is retired.
3. A retired license may be reactivated within five years of the granting
of the retired license by filing with the board evidence satisfactory to
the board of the completion of twenty clock hours of continuing education
for each calendar year the license was retired. All clock hours of
continuing education shall be completed prior to the filing of the
affidavit or renewal form requesting reactivation of the retired license.
If more than five years have passed since the issuance of a retired
license to a licensee, the licensee shall follow the procedures for
initial licensure stated in section 344.030.
4. No person shall practice as a nursing home administrator in this state
or hold himself or herself out as a nursing home administrator if his or
her license is retired.
5. Retired licensees shall remain subject to disciplinary action for
violations of this chapter and the rules promulgated thereunder. (L. 2000
H.B. 1591)
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