Title 49—PROFESSIONAL AND VOCATIONAL STANDARDS STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS [ 49 PA. CODE CH. 39 ] Continuing Education [40 Pa.B. 3090]
[Saturday, June 12, 2010]The State Board of Examiners of Nursing Home Administrators (Board) amends § 39.61 (relating to requirements) to read as set forth in Annex A.
The final-form rulemaking amends the Board's regulations regarding the obligation of licensed nursing home administrators to complete 48 hours of continuing education during each biennial license period.
The final-form rulemaking amends § 39.61 to clarify that continuing education hours must be completed in courses that are preapproved by the Board or the National Association of Boards of Examiners of Long-Term Care Administrators, except in limited circumstances when retroactive course approval is permitted or when the continuing education involved service as an instructor, authorship of an article or completion of an administrator-in-training program. The final-form rulemaking also amends § 39.61 to eliminate requirements and restrictions on the number of continuing education hours that may be obtained through lecture and interactive computer courses, correspondence courses and college and university courses; to increase the number of continuing education hours that may be obtained through courses that have been approved retroactively; to enlarge the time frame during which retroactive course approval or credit for authorship of articles can be obtained; and to clarify the circumstances under which the Board may waive a particular continuing education requirement or grant an extension of time to complete continuing education hours. The final-form rulemaking also reorganizes § 39.61 by relettering and renumbering subsections and paragraphs.
Statutory Authority
The final-form rulemaking is authorized under section 9(b) of the Nursing Home Administrators License Act (act) (63 P. S. § 1109(b)), which empowers the Board to require continuing education as a condition of biennial renewal of licensure, and section 4(c) of the act (63 P. S. § 1104(c)), which empowers the Board to adopt regulations as are necessary for the performance of its statutory duties.
Summary of Comments and Responses to Proposed Rulemaking
The Board published the proposed rulemaking at 39 Pa.B. 1005 (February 21, 2009) with a 30-day public comment period.
The Board received comments in support of the proposed rulemaking from the Pennsylvania Health Care Association, an advocacy organization for compassionate, quality long-term care for elderly and disabled residents in this Commonwealth; PANPHA, a trade association representing more than 360 nonprofit providers of housing and health-related services to elderly residents in this Commonwealth; and Foulkeways at Gwynedd, a continuing care retirement community in this Commonwealth.
The Board received comments from the Independent Regulatory Review Commission (IRRC) and the House Professional Licensure Committee (HPLC) as part of their review of proposed rulemaking under the Regulatory Review Act (71 P. S. §§ 745.1—745.12). The Board did not receive comments from the Senate Committee on Consumer Protection and Professional Licensure (SCP/PLC) as part of its review of proposed rulemaking under the Regulatory Review Act.
IRRC's comments regarded the provisions for granting a continuing education waiver or an extension of time to complete continuing education. Section 39.61(e) currently provides that a licensee who cannot meet the continuing education requirement for reasons of illness, emergency or hardship may apply in writing to the Board for a waiver. The waiver request must explain why compliance with the continuing education requirement is impossible and must be accompanied by appropriate documentation. The Board evaluates each request on a case-by-case basis. In addition to redesignating it as § 39.61(f), the proposed rulemaking amended current § 39.61(e) to add language providing that in the event the Board determines that a licensee has not established entitlement to a waiver on the basis of illness, emergency or hardship, the Board may grant the licensee an extension of time to complete the continuing education requirement.
IRRC asked the Board to explain why current § 39.61(e) was being amended. IRRC also asked the Board to explain why a licensee who has failed to establish an illness, emergency or hardship should nevertheless be considered eligible for an extension of time to complete the continuing education requirement. IRRC further asked the Board to explain the standards, or grounds, on which the Board will base its decision whether to grant an extension of time. Finally, IRRC asked the Board to explain how and when a licensee will be notified of the Board's decision to grant a waiver or an extension of time.
The Board's intent in amending current § 39.61(e) was to clarify that a licensee who, for good cause, is unable to comply with some aspect of the continuing education requirement may obtain relief in the nature of a waiver or an extension of time. The proposed rulemaking did not adequately differentiate between the circumstances justifying the granting of a waiver and the circumstances justifying the granting of an extension of time.
The Board believes that a licensee's obligation under § 39.61(a) and redesignated § 39.61(d) to complete 48 hours of continuing education during each biennial license period, or a prorated amount in the case of a licensee's initial biennial license period, cannot be waived; however, a licensee may be granted an extension of time to complete continuing education hours if timely compliance is not possible because of illness, emergency or hardship. The Board believes that the other requirements in § 39.61, such as the limitation on the number of continuing education hours that may be obtained through retroactively approved courses or authorship of articles, may be waived upon a licensee's showing of illness, emergency or hardship. The final-form rulemaking makes this distinction clear in § 39.61(f).
The Board does not believe it is necessary to specify in § 39.61(f) how and when a licensee will be notified of the Board's action on a request for a waiver or an extension of time. Since the right to request a waiver was added to § 39.61 in March 2001, the Board has always acted expeditiously on requests when they are received. A licensee, nursing home or professional association has never complained about the promptness or manner of the Board's responses to requests for waivers.
The HPLC commented that the proposed rulemaking incorrectly renumbered paragraphs in § 39.61(b). The final-form rulemaking corrects the renumbering.
Fiscal Impact and Paperwork Requirements
The final-form rulemaking will not have an adverse fiscal impact on the regulated community, the general public or the Commonwealth and its political subdivisions.
The final-form rulemaking will not impose additional paperwork requirements on the regulated community, the general public or the Commonwealth and its political subdivisions.
Effective Date
The final-form rulemaking will be effective upon publication in the Pennsylvania Bulletin.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on February 11, 2009, the Board submitted a copy of the notice of proposed rulemaking, published at 39 Pa.B. 1005, to IRRC and to the HPLC and the SCP/PLC for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC, the HPLC and the SCP/PLC were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Board has considered all comments from IRRC, the HPLC, the SCP/PLC and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on April 21, 2010, the final-form rulemaking was approved by the HPLC. On May 12, 2010, the final-form rulemaking was deemed approved by the SCP/PLC. Under section 5.1(e) of the Regulatory Review Act, IRRC met on May 13, 2010, and approved the final-form rulemaking.
Additional Information
Persons who require additional information about the final-form rulemaking should submit inquiries to Christina Stuckey, Administrator, State Board of Examiners of Nursing Home Administrators, P. O. Box 2649, Harrisburg, PA 17105-2649, (717) 783-7155, ST-NHA@state.pa. us.
Findings
The Board finds that:
(1) Public notice of proposed rulemaking was given under sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder, 1 Pa. Code §§ 7.1 and 7.2.
(2) A public comment period was provided as required by law and all comments were considered.
(3) The amendments to the final-form rulemaking do not enlarge the original purpose of the proposed rulemaking published at 39 Pa.B. 1005.
(4) The final-form rulemaking adopted by this order is necessary and appropriate for the administration of the act.
Order
The Board, acting under authority of the act, orders that:
(a) The regulations of the Board, 49 Pa. Code Chapter 39, are amended by amending § 39.61 to read as set forth in Annex A.
(b) The Board shall submit this order and Annex A to the Office of Attorney General and the Office of General Counsel for approval as required by law.
(c) The Board shall certify this order and Annex A and deposit them with the Legislative Reference Bureau as required by law.
(d) The final-form rulemaking shall take effect upon publication in the Pennsylvania Bulletin.
ROBERT A. ETCHELLS,
Chairperson(Editor's Note: For the text of the order of the Independent Regulatory Review Commission relating to this document, see 40 Pa.B. 2838 (May 29, 2010).)
Fiscal Note: Fiscal Note 16A-6212 remains valid for the final adoption of the subject regulation.
Annex A TITLE 49. PROFESSIONAL AND VOCATIONAL STANDARDS PART I. DEPARTMENT OF STATE Subpart A. PROFESSIONAL AND OCCUPATIONAL AFFAIRS CHAPTER 39. STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS CLOCK HOURS REQUIREMENT § 39.61. Requirements.
(a) A licensee shall complete at least 48 clock hours of continuing education during the preceding biennial period.
(b) All continuing education clock hours shall be completed in courses preapproved by NAB or the Board, except as provided in subsection (c)(2)—(5).
(c) Of the 48 clock hours required, the following apply:
(1) Up to 48 clock hours may be taken in lecture, college or university, computer interactive, distance learning or correspondence courses preapproved by NAB or the Board.
(2) A maximum of 12 clock hours may be earned by serving as an instructor of a NAB or Board-approved continuing education program or as an instructor of a college or university course approved by NAB or the Board. Instructors may earn 1 clock hour for each hour of instruction up to 12 clock hours.
(3) Clock hours may be earned by authoring an article on long-term care as follows:
(i) Authors whose articles relating to long-term care are published in professional journals may earn 3 clock hours per article, up to a maximum of 12 clock hours per biennium.
(ii) Additional credit per article, up to 12 of the required clock hours, may be awarded based on the complexity of the subject matter or work.
(iii) In exceptional circumstances, when the article is published in a refereed journal, and the subject matter or work is complex, a licensee may be awarded up to 24 clock hours.
(iv) Published articles used for continuing education credit shall be submitted to the Board within 60 days of publication. Upon review of the published article, the Board will determine the appropriate number of clock hours to be awarded based upon the complexity of the subject matter or work.
(4) Up to 24 clock hours may be obtained by serving as a supervisor in a Board-approved AIT program, when the AIT successfully completes the AIT program.
(5) A maximum of 12 clock hours may be awarded retroactively for attending programs, to include lectures, and college or university courses, which have not been preapproved. The attendee shall submit a written request for approval within 60 days of attending the program and document attendance. The attendee shall demonstrate to the Board's satisfaction that the programs meet the requirements in §§ 39.14(a)(2) and 39.51 (relating to approval of programs of study; and standards for continuing education programs).
(d) A licensee who obtains a license after the biennial period begins shall complete a prorated amount of clock hours equal to 2 clock hours per month through the end of the biennial period. For the purpose of calculating the number of clock hours required, partial months shall count as whole months.
(e) A licensee suspended for disciplinary reasons is not exempt from the continuing education requirements in subsection (a).
(f) A licensee who cannot meet the overall continuing education clock hour requirement in subsection (a) or (d) due to illness, emergency or hardship may apply to the Board in writing prior to the end of the renewal period for an extension of time to complete the clock hours. A licensee who cannot meet any other requirement in this section due to illness, emergency or hardship may apply to the Board in writing prior to the end of the renewal period for a waiver of the requirement. An extension or waiver request must explain why compliance is impossible, and include appropriate documentation. An extension or waiver request will be evaluated by the Board on a case-by-case basis.
(g) A licensee will not be credited for repeating a program in the same renewal period unless the subject matter has substantially changed during that period.
[Pa.B. Doc. No. 10-1071. Filed for public inspection June 11, 2010, 9:00 a.m.]
