As used in this chapter, unless the
context otherwise requires, the words and terms defined in NRS 654.015
to 654.031 , inclusive, have the meanings ascribed to them
in those sections.
(Added to NRS by 1969, 668; A 1977, 1028; 1993, 2140)
“Administrator of a residential facility for groups” means a
person who manages, supervises and is in general administrative charge of
a residential facility for groups.
(Added to NRS by 1993, 2139)
“Board” means the Nevada State Board
of Examiners for Administrators of Facilities for Long-Term Care.
(Added to NRS by 1969, 668; A 1973, 1287; 1977, 1029; 1993, 2140)
“Facility
for intermediate care” means an establishment operated and maintained for
the purpose of providing personal and medical supervision for 24 hours,
for four or more persons who do not have illness, disease, injury or
other conditions that would require the degree of care and treatment
which a hospital or facility for skilled nursing is designed to provide.
(Added to NRS by 1977, 1028; A 1985, 1770)
“Facility for
skilled nursing” means any proprietary or nonprofit institution or
facility defined and licensed as a facility for skilled nursing pursuant
to chapter 449 of NRS.
(Added to NRS by 1969, 668; A 1973, 1287, 1406; 1985,
1770)—(Substituted in revision for NRS 654.030)
“Nursing
facility administrator” means a person who manages, supervises and is in
general administrative charge of a facility for skilled nursing or
facility for intermediate care.
(Added to NRS by 1977, 1028; A 1985, 1770)
“Residential facility for groups” has the meaning ascribed to it in NRS
449.017 .
(Added to NRS by 1993, 2139)
NEVADA STATE BOARD OF EXAMINERS FOR ADMINISTRATORS OF FACILITIES FOR
LONG-TERM CARE
The Nevada State Board of
Examiners for Administrators of Facilities for Long-Term Care, consisting
of the Director of the Department of Health and Human Services or his
designee and six members appointed by the Governor, is hereby created
within the Department of Health and Human Services.
(Added to NRS by 1969, 668; A 1971, 671; 1973, 1287, 1406; 1977,
130, 1029, 1261, 1479; 1993, 2140)
1. The Governor shall appoint:
(a) Two members who are nursing facility administrators.
(b) One member who is an administrator of a residential facility
for groups with less than seven clients.
(c) One member who is an administrator of a residential facility
for groups with seven or more clients.
(d) One member who is a member of the medical or paramedical
professions.
(e) One member who is a representative of the general public. This
member must not be:
(1) A nursing facility administrator or an administrator of
a residential facility for groups; or
(2) The spouse or the parent or child, by blood, marriage or
adoption, of a nursing facility administrator or an administrator of a
residential facility for groups.
2. The member who is a representative of the general public shall
not participate in preparing, conducting or grading any examination
required by the Board.
(Added to NRS by 1969, 668; A 1973, 1287, 1406; 1977, 1029, 1261,
1479; 1993, 2140; 2003, 1199 )
The Governor may remove
any appointed member of the Board for misconduct in office, incompetency,
neglect of duty or other good cause.
(Added to NRS by 1969, 668; A 1977, 1261)
1. Immediately after the first Board is appointed, the members of
the Board shall meet and elect from their membership a Chairman, Vice
Chairman and a Secretary.
2. Thereafter, a Chairman and Vice Chairman shall be elected
annually.
3. The Secretary of the Board shall serve as Secretary at the
pleasure of the Board.
(Added to NRS by 1969, 669)
1. The Board shall hold at least one regular meeting quarterly and
may meet at such other times as a meeting may be called by the Chairman
or a majority of the membership.
2. Four members of the Board constitute a quorum for the
transaction of business.
3. Each member of the Board is entitled to receive a per diem
allowance and travel expenses at a rate fixed by the Board, while engaged
in the business of the Board. The rate must not exceed the rate provided
for state officers and employees generally.
4. While engaged in the business of the Board, each employee of
the Board is entitled to receive a per diem allowance and travel expenses
at a rate fixed by the Board. The rate must not exceed the rate provided
for state officers and employees generally.
(Added to NRS by 1969, 669; A 1989, 1706; 1993, 2141)
1. In a manner consistent with the provisions of chapter 622A
of NRS, the Board shall:
(a) Develop, impose and enforce standards which must be met by
persons to receive licenses as nursing facility administrators or
administrators of residential facilities for groups. The standards must
be designed to ensure that nursing facility administrators or persons
acting as administrators of residential facilities for groups will be
persons who are of good character and otherwise suitable, and who, by
training or experience in their respective fields of administering health
care facilities, are qualified to serve as nursing facility
administrators or administrators of residential facilities for groups.
(b) Develop and apply appropriate techniques, including
examinations and investigations, for determining whether a person meets
those standards.
(c) Issue licenses to persons determined, after the application of
appropriate techniques, to meet those standards.
(d) Revoke or suspend licenses previously issued by the Board in
any case if the person holding the license is determined substantially to
have failed to conform to the requirements of the standards.
(e) Establish and carry out procedures designed to ensure that
persons licensed as nursing facility administrators or administrators of
residential facilities for groups will, during any period they serve as
such, comply with the requirements of the standards.
(f) Receive, investigate and take appropriate action with respect
to any charge or complaint filed with the Board to the effect that any
person licensed as a nursing facility administrator or an administrator
of a residential facility for groups has failed to comply with the
requirements of the standards. The Board shall initiate an investigation
of any charge or complaint filed with the Board within 30 days after
receiving the charge or complaint.
(g) Conduct a continuing study of:
(1) Facilities for skilled nursing, facilities for
intermediate care and their administrators; and
(2) Residential facilities for groups and their
administrators,
Ę with a view to the improvement of the standards imposed for the
licensing of administrators and of procedures and methods for the
enforcement of the standards.
(h) Conduct or approve, or both, a program of training and
instruction designed to enable all persons to obtain the qualifications
necessary to meet the standards set by the Board for qualification as a
nursing facility administrator or an administrator of a residential
facility for groups.
2. Except as otherwise provided in this section, all records kept
by the Board, not otherwise privileged or confidential, are public
records.
3. Except as otherwise provided in this section, a complaint filed
with the Board, all documents and other information filed with the
complaint and all documents and other information compiled as a result of
an investigation conducted to determine whether to initiate disciplinary
action against a person are confidential, unless the person submits a
written statement to the Board requesting that such documents and
information be made public records.
4. The charging documents filed with the Board to initiate
disciplinary action pursuant to chapter 622A of NRS and all other documents and information
considered by the Board when determining whether to impose discipline are
public records.
5. The provisions of this section do not prohibit the Board from
communicating or cooperating with or providing any documents or other
information to any other licensing board or any other agency that is
investigating a person, including, without limitation, a law enforcement
agency.
(Added to NRS by 1969, 669; A 1973, 1287; 1977, 1029; 1985, 1770;
1993, 2141; 2003, 3476 ; 2005, 803 )
Repealed. (See chapter 225, Statutes of Nevada 2005, at
page 807 .)
1. The Secretary of the Board shall receive and account for all
money paid to the Board pursuant to this chapter. The Secretary of the
Board shall deposit the money in banks, credit unions or savings and loan
associations in the State of Nevada.
2. Except as otherwise provided in subsection 5, all money
received by the Board pursuant to this chapter must be used to:
(a) Pay the per diem and travel expenses of the members of the
Board.
(b) Pay the salaries and per diem and travel expenses of the
employees of the Board.
(c) Administer the provisions of this chapter.
3. Any money which remains at the end of the fiscal year must be
retained by the Board for future disbursement for the purposes enumerated
in subsection 2.
4. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may delegate to a hearing
officer or panel its authority to take any disciplinary action pursuant
to this chapter, impose and collect fines and penalties therefor and
deposit the money therefrom in banks, credit unions or savings and loan
associations in this State.
5. If a hearing officer or panel is not authorized to take
disciplinary action pursuant to subsection 4 and the Board deposits the
money collected from the imposition of fines with the State Treasurer for
credit to the State General Fund, it may present a claim to the State
Board of Examiners for recommendation to the Interim Finance Committee if
money is needed to pay attorney’s fees or the costs of an investigation,
or both.
(Added to NRS by 1969, 670; A 1971, 671; 1989, 1707; 1993, 893,
2142; 1999, 1541 ; 2005, 804 )
The Board
shall:
1. Maintain a separate register of all applications for licensure
as a nursing facility administrator and a separate register of all
applications for licensure as an administrator of a residential facility
for groups. Each register must include:
(a) The name, age and place of residence of the applicant.
(b) If the register is for:
(1) Nursing facility administrators, the name and address of
the facility for skilled nursing or facility for intermediate care of
which the applicant is to be administrator.
(2) Administrators of residential facilities for groups, the
name and address of each residential facility for groups of which the
applicant is to be administrator.
(c) The date of the application.
(d) The date the application was reviewed and the action taken on
the application.
(e) The serial number of the license, if any, issued to the
applicant.
(f) Such other information as the Board may deem pertinent.
2. Maintain a separate register of all nursing facility
administrators and a separate register of all administrators of
residential facilities for groups licensed pursuant to this chapter
showing the status of each license.
(Added to NRS by 1969, 670; A 1973, 1288; 1977, 1030; 1987, 732;
1993, 2142)
LICENSES
1. The Board shall prescribe and furnish an application form for
the use of all persons who desire to be licensed pursuant to this chapter.
2. All applications filed with the Board must be accompanied by
all information required to complete the application and the required fee
fixed by the Board in an amount not to exceed:
(a) For an administrator of a residential facility for groups, $150.
(b) For a nursing facility administrator, $250.
3. The Board may fix and charge an additional fee to cover the
cost of administering the examinations if the Board determines that there
is not sufficient money from other sources to cover such costs.
(Added to NRS by 1969, 670; A 1989, 801; 1993, 2143; 1997, 2182;
2005, 2797 , 2807 )
[Effective until the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. In addition to any other requirements set forth in this chapter:
(a) An applicant for the issuance of a license as a nursing
facility administrator or an administrator of a residential facility for
groups shall include the social security number of the applicant in the
application submitted to the Board.
(b) An applicant for the issuance or renewal of a license as a
nursing facility administrator or an administrator of a residential
facility for groups shall submit to the Board the statement prescribed by
the Division of Welfare and Supportive Services of the Department of
Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a nursing facility administrator or an
administrator of a residential facility for groups may not be issued or
renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2181; A 2005, 2798 , 2807 )
[Effective on the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings and expires by limitation 2
years after that date.]
1. In addition to any other requirements set forth in this
chapter, an applicant for the issuance or renewal of a license as a
nursing facility administrator or an administrator of a residential
facility for groups shall submit to the Board the statement prescribed by
the Division of Welfare and Supportive Services of the Department of
Health and Human Services pursuant to NRS 425.520 . The statement must be completed and signed by
the applicant.
2. The Board shall include the statement required pursuant to
subsection 1 in:
(a) The application or any other forms that must be submitted for
the issuance or renewal of the license; or
(b) A separate form prescribed by the Board.
3. A license as a nursing facility administrator or an
administrator of a residential facility for groups may not be issued or
renewed by the Board if the applicant:
(a) Fails to submit the statement required pursuant to subsection
1; or
(b) Indicates on the statement submitted pursuant to subsection 1
that he is subject to a court order for the support of a child and is not
in compliance with the order or a plan approved by the district attorney
or other public agency enforcing the order for the repayment of the
amount owed pursuant to the order.
4. If an applicant indicates on the statement submitted pursuant
to subsection 1 that he is subject to a court order for the support of a
child and is not in compliance with the order or a plan approved by the
district attorney or other public agency enforcing the order for the
repayment of the amount owed pursuant to the order, the Board shall
advise the applicant to contact the district attorney or other public
agency enforcing the order to determine the actions that the applicant
may take to satisfy the arrearage.
(Added to NRS by 1997, 2181; A 2005, 2798 , 2807 , effective on the date of the repeal of
the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational
and recreational licenses for child support arrearages and for
noncompliance with certain processes relating to paternity or child
support proceedings)
Each applicant for licensure as a nursing
facility administrator pursuant to this chapter must:
1. Be of good moral character and physically and emotionally
capable of administering a facility for skilled nursing or facility for
intermediate care.
2. Have satisfactorily completed a course of instruction and
training prescribed or approved by the Board, including the study of:
(a) The needs which are to be properly served by a facility for
skilled nursing or facility for intermediate care;
(b) The laws governing the operation of a facility and the
protection of the patients’ interests; and
(c) The elements of good administration of a facility.
Ę In lieu of the specific requirements of this subsection, the applicant
may present other evidence satisfactory to the Board of sufficient
education, training or experience by which he would be qualified to
administer, supervise and manage a facility.
3. Pass an examination conducted and prescribed by the Board
pursuant to the provisions of this chapter.
4. Submit with his application:
(a) A complete set of his fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
(b) A fee to cover the actual cost of obtaining the report from the
Federal Bureau of Investigation.
5. Meet such other standards and qualifications as the Board may
from time to time establish.
6. Submit all information required to complete the application.
(Added to NRS by 1969, 670; A 1973, 1288; 1975, 1297; A 1977, 1030;
1985, 1771; 1993, 2143; 1997, 2182; 2003, 2866 ; 2005, 2799 , 2807 )
Each applicant for
licensure as an administrator of a residential facility for groups
pursuant to this chapter must:
1. Be at least 21 years of age;
2. Be a citizen of the United States or lawfully entitled to
remain and work in the United States;
3. Be of good moral character and physically and emotionally
capable of administering a residential facility for groups;
4. Have satisfactorily completed a course of instruction and
training prescribed or approved by the Board or be qualified by reason of
his education, training or experience to administer, supervise and manage
a residential facility for groups;
5. Pass an examination conducted and prescribed by the Board;
6. Submit with his application:
(a) A complete set of his fingerprints and written permission
authorizing the Board to forward the fingerprints to the Central
Repository for Nevada Records of Criminal History for submission to the
Federal Bureau of Investigation for its report; and
(b) A fee to cover the actual cost of obtaining the report from the
Federal Bureau of Investigation;
7. Comply with such other standards and qualifications as the
Board prescribes; and
8. Submit all information required to complete the application.
(Added to NRS by 1993, 2139; A 1997, 2183; 2003, 2867 ; 2005, 2799 , 2807 )
A license issued pursuant to
the provisions of this chapter prior to July 1, 1973, shall be considered
equivalent to, and is subject to the same conditions as, a nursing
facility administrator’s license.
(Added to NRS by 1973, 1286; A 1977, 1030)
1. The Board shall issue a numbered license, in such form as it
may prescribe, to each applicant who meets the requirements of NRS
654.150 or 654.155 and shall affix its official seal to the
license.
2. Each license issued by the Board pursuant to this chapter
expires 2 years after the last day of the calendar month in which it was
issued and may be renewed on or before that date biennially.
3. Any licensed nursing facility administrator or administrator of
a residential facility for groups may renew his license by applying for
renewal in the manner prescribed by the Board, paying the renewal fee
fixed by the Board and submitting all information required to complete
the renewal.
4. The Board shall, as a prerequisite for the renewal of a
license, require each holder to comply with:
(a) The requirements for continuing education adopted by the Board;
and
(b) The duties of the administrator set forth in NRS 449.0357
.
(Added to NRS by 1969, 671; A 1973, 1289; 1977, 1030; 1985, 549;
1989, 801; 1993, 2143; 1997, 2183; 2003, 858 ; 2005, 2800 , 2807 , 2813 )
The Board
may issue a license as a nursing facility administrator or an
administrator of a residential facility for groups, without examination,
to any applicant who holds the same license from another jurisdiction, if
the Board finds that the standards for licensure in the other
jurisdiction are the substantial equivalent of those prevailing in this
state and that the applicant is otherwise qualified.
(Added to NRS by 1969, 671; A 1973, 1289; 1977, 1031; 1993, 2144)
DISCIPLINARY ACTION
1. The Board may, after notice and a hearing as required by law,
impose an administrative fine of not more than $2,500 on and suspend or
revoke the license of any nursing facility administrator or administrator
of a residential facility for groups who:
(a) Is convicted of a felony relating to the practice of
administering a nursing facility or residential facility or of any
offense involving moral turpitude.
(b) Has obtained his license by the use of fraud or deceit.
(c) Violates any of the provisions of this chapter.
(d) Aids or abets any person in the violation of any of the
provisions of NRS 449.001 to 449.240
, inclusive, as those provisions pertain
to a facility for skilled nursing, facility for intermediate care or
residential facility for groups.
(e) Violates any regulation of the Board prescribing additional
standards of conduct for nursing facility administrators or
administrators of residential facilities for groups.
2. The Board shall give a licensee against whom proceedings are
brought pursuant to this section written notice of a hearing not less
than 10 days before the date of the hearing.
3. An order that imposes discipline and the findings of fact and
conclusions of law supporting that order are public records.
(Added to NRS by 1969, 671; A 1971, 938; 1973, 1289; 1977, 94,
1031; 1985, 1771; 1993, 894, 2144; 1999, 3610 ; 2003, 859 , 2731 , 3477 ; 2005, 805 )
[Expires by limitation 2 years after the date of the repeal of the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance
with certain processes relating to paternity or child support
proceedings.]
1. If the Board receives a copy of a court order issued pursuant
to NRS 425.540 that provides for the
suspension of all professional, occupational and recreational licenses,
certificates and permits issued to a person who is the holder of a
license as a nursing facility administrator or an administrator of a
residential facility for groups, the Board shall deem the license issued
to that person to be suspended at the end of the 30th day after the date
on which the court order was issued unless the Board receives a letter
issued to the holder of the license by the district attorney or other
public agency pursuant to NRS 425.550
stating that the holder of the license has complied with the subpoena or
warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Board shall reinstate a license as a nursing facility
administrator or an administrator of a residential facility for groups
that has been suspended by a district court pursuant to NRS 425.540
if the Board receives a letter issued
by the district attorney or other public agency pursuant to NRS 425.550
to the person whose license was
suspended stating that the person whose license was suspended has
complied with the subpoena or warrant or has satisfied the arrearage
pursuant to NRS 425.560 .
(Added to NRS by 1997, 2181; A 2005, 2807 )
[Effective until the
date 2 years after the date of the repeal of the federal law requiring
each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for
child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
1. Except as otherwise provided in subsection 2, the Board may
reinstate the license of an administrator of a residential facility for
groups that has been suspended by the Board if a majority of the members
of the Board vote in favor of the reinstatement.
2. The Board may reinstate a license of an administrator of a
residential facility for groups that has been suspended pursuant to NRS
425.540 only if the holder of the
license complies with the requirements for reinstatement set forth in NRS
654.193 .
3. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may reinstate the license
of an administrator of a residential facility for groups that has been
revoked by the Board if all of the members of the Board vote in favor of
reinstatement.
(Added to NRS by 1993, 2140; A 1997, 2183; 2005, 805 , 2807 )
[Effective on the date
2 years after the date of the repeal of the federal law requiring each
state to establish procedures for withholding, suspending and restricting
the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating
to paternity or child support proceedings.]
1. The Board may reinstate the license of an administrator of a
residential facility for groups that has been suspended by the Board if a
majority of the members of the Board vote in favor of the reinstatement.
2. In a manner consistent with the provisions of chapter 622A
of NRS, the Board may reinstate the license
of an administrator of a residential facility for groups that has been
revoked by the Board if all of the members of the Board vote in favor of
reinstatement.
(Added to NRS by 1993, 2140, A 1997, 2183; 2005, 805 , 806 , 2807 , effective on the date 2 years after the
date of the repeal of the federal law requiring each state to establish
procedures for withholding, suspending and restricting the professional,
occupational and recreational licenses for child support arrearages and
for noncompliance with certain processes relating to paternity or child
support proceedings)
PENALTIES; APPLICABILITY
Any person who
acts in the capacity of a nursing facility administrator or an
administrator of a residential facility for groups without a license
issued pursuant to the provisions of this chapter is guilty of a
misdemeanor.
(Added to NRS by 1969, 671; A 1973, 1289; 1977, 1031; 1993, 2144)
1. The provisions of this chapter do not apply to any institution
conducted by and for the adherents of any church or religious
denomination for the purpose of providing facilities for the care and
treatment of the sick who depend solely upon spiritual means through
prayer for healing in the practice of the religion of such church or
denomination.
2. Notwithstanding the provisions of NRS 654.200 , no license is required of any individual
responsible for the planning, organizing, directing and controlling of
such institutions.
(Added to NRS by 1969, 671)
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