Section 39.18. Subordinate supervision—statement of policy

(a) Background and purpose. Section 39.5 (relating to requirements for admission to licensing examination; examination procedures) requires applicants to acquire experience in the practice of nursing home administration under the supervision of a full-time nursing home administrator. Frequently, the Board is asked to recognize an applicant’s experience acquired under the supervision of a nursing home administrator who is a subordinate of the applicant.

(b) Guidelines.

(1) The Board does not view supervision by an applicant’s subordinate as acceptable supervisory experience. The Board believes that supervisors need to have the ability to oversee and direct the applicant during the period of qualified work experience, including the ability to transfer, suspend, assign or discharge individuals under their supervision. The Board believes that in most circumstances subordinates, because of the supervisor-subordinate relationship, do not possess the requisite degree of oversight over their supervisor to comply with § 39.5.

(2) The Board recognizes that there may be rare circumstances in which an apparent supervisor-subordinate relationship exists, but the subordinate in fact has the ability to exercise the requisite oversight and direction of the applicant’s work experience. In those instances, the applicant would have the burden of proving the supervisory relationship, and the applicant will be given the opportunity to prove to the Board’s satisfaction that the subordinate in fact possessed the requisite degree of oversight to comply with the regulation.

The provisions of this § 39.18 adopted March 26, 1999, effective March 27, 1999, 29 Pa.B. 1617.