STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS [ 49 PA. CODE CH. 39 ] Notice Requirements [44 Pa.B. 5490]
[Saturday, August 16, 2014]The State Board of Examiners of Nursing Home Administrators (Board) proposes to add §§ 39.92 and 39.93 (relating to reporting of crimes and disciplinary actions; and return of actively suspended or revoked licenses) to read as set forth in Annex A.
Effective Date
The proposed rulemaking will be effective upon final-form publication in the Pennsylvania Bulletin.
Statutory Authority
Sections 8.1(b) and 12(a)(4) and (6) of the Nursing Home Administrators License Act (act) (63 P. S. §§ 1108.1(b) and 1112(a)(4) and (6)) authorize the Board to discipline licensees who have been convicted of or plead guilty or nolo contendere to a felony or have been disciplined by the licensing authority of another state, territory or country. Section 9.1 of the act (63 P. S. § 1109.1) requires licensees to notify the Board of disciplinary sanctions by other licensing boards within 90 days of disposition or on biennial renewal applications, whichever is sooner. Additionally, section 13(a.1) of the act (63 P. S. § 1113(a.1)) directs the Board to require a person whose license has been suspended or revoked to return the license in the manner the Board directs.
Background and Need for Proposed Rulemaking
Although the previously cited sections of the act authorize the Board to discipline licensees with felony convictions, the Board's regulations do not require that its licensees report these convictions to the Board in advance of biennial renewal. It may be almost 2 years before the Board first learns of the convictions. To ensure that the Board receives information about these convictions in a timelier manner, the Board proposes to add §§ 39.92 and 39.93 to expedite the reporting of felony convictions. Because the Board is adding regulations regarding the reporting of felonies, the Board believes that it is prudent to add to this proposed rulemaking the reporting requirements for disciplinary sanctions taken by other states against licensees in section 9.1 of the act.
Additionally, although the act directs the Board to require licensees to return suspended and revoked licenses to the Board, there is not a provision in the Board's regulations which requires that they be returned within a specified time. To ensure that licensees return their licensure documents in a timelier manner, the Board proposes to add § 39.93 to require their return within 30 days of a voluntary surrender, suspension or revocation.
Description of Proposed Rulemaking
Proposed § 39.92(a) would require a licensee who has been convicted of or pleaded guilty or nolo contendere to a felony to notify the Board of the action within 30 days of the verdict or plea or on the biennial renewal application, whichever is sooner.
Proposed § 39.92(b) tracks the language of section 9.1 of the act in connection with disciplinary actions taken by other jurisdictions. Licensees would be required to report those disciplinary actions within 90 days or on the biennial renewal application, whichever is sooner.
Proposed § 39.93 would require a licensee who has voluntarily surrendered his license or had his license actively suspended or revoked to return the license to the Board within 30 days.
Fiscal Impact and Paperwork Requirements
The requirement that licensees report criminal actions and disciplinary sanctions to the Board within 30 and 90 days, respectively, should have a slight fiscal and paperwork impact on the Board and licensees. Currently, licensees report this information on their biennial renewal applications. Under this proposed rulemaking, these reports must be made sooner, triggering additional paperwork responsibilities for licensees. The Board anticipates that it will see an increase in reports as licensees comply with the regulatory requirement thereby incurring additional enforcement costs.
Sunset Date
The Board continuously monitors the effectiveness of its regulations. Therefore, a sunset date has not been assigned.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on August 5, 2014, the Board submitted a copy of this proposed rulemaking and a copy of a Regulatory Analysis Form to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Professional Licensure Committee and the Senate Consumer Protection and Professional Licensure Committee. A copy of this material is available to the public upon request.
Under section 5(g) of the Regulatory Review Act, IRRC may convey comments, recommendations or objections to the proposed rulemaking within 30 days of the close of the public comment period. The comments, recommendations or objections must specify the regulatory review criteria which have not been met. The Regulatory Review Act specifies detailed procedures for review, prior to final publication of the rulemaking, by the Board, the General Assembly and the Governor of comments, recommendations or objections raised.
Public Comment
Interested persons are invited to submit written comments, suggestions or objections regarding this proposed rulemaking to Judith Pachter Schulder, Counsel, State Board of Examiners of Nursing Home Administrators, P. O. Box 2649, Harrisburg, PA 17105-2649, RA-STRegulatoryCounsel@pa.gov within 30 days following publication of this proposed rulemaking in the Pennsylvania Bulletin. Reference No. 16A-6217 (notice requirements) when submitting comments.
MARY ANN HEWSTON,
ChairpersonFiscal Note: 16A-6217. No fiscal impact. Given the low number of disciplinary actions issued over the past 12 months, enforcement costs are expected to be minimal and absorbed within the Board's current operating budget. (8) recommends adoption.
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 STANDARDS OF PROFESSIONAL PRACTICE AND
PROFESSIONAL CONDUCT§ 39.92. Reporting of crimes and disciplinary actions.
(a) A licensee shall notify the Board of having been convicted of a felony, or having received probation without verdict, disposition instead of trial or an Accelerated Rehabilitative Disposition in the disposition of felony charges, within 30 days of the conviction or other disposition, or on the biennial renewal application, whichever is sooner. As used in this section, ''convicted'' includes a judgment, an admission of guilt or a plea of nolo contendere.
(b) A licensee shall notify the Board of disciplinary action in the nature of a final order taken against the licensee by the licensing authority of another state, territory or country within 90 days of receiving notice of the disciplinary action, or on the biennial renewal application, whichever is sooner.
§ 39.93. Return of actively suspended or revoked licenses.
A licensee who has voluntarily surrendered a license instead of discipline or whose license has been actively suspended or revoked by the Board shall return the surrendered, suspended or revoked license to the Board within 30 days of the action.
[Pa.B. Doc. No. 14-1737. Filed for public inspection August 15, 2014, 9:00 a.m.]
