Section 39.5. Requirements for admission to licensing examination; examination procedures

(a) A candidate who seeks admission to the licensing examination shall meet the following requirements. The candidate shall:

(1) Be at least 21 years of age.

(2) Submit evidence of good moral character and suitability as prescribed by the Board in the examination application.

(3) Pay the required fee for examination and licensure.

(b) A candidate who seeks admission to the licensing examination shall also meet one of the following sets of education and experience requirements. The candidate shall:

(1) Have:

(i) Successfully completed 120 clock hours in a program of study approved by the Board as prescribed in § 39.14(a)(2) (relating to approval of programs of study).

(ii) Successfully completed 2 academic years of college-level study, 30 semester hours each year, in an accredited institution of higher learning.

(iii) Done one of the following:

(A) During the 18 months immediately preceding the date of application, acquired experience in the practice of nursing home administration by having served satisfactorily in a nursing home or related health facility as a full-time assistant administrator under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(B) During 3 of the 5 years immediately preceding the date of application, served satisfactorily as a full-time supervisor in a nursing home or related health facility, 1,000 hours of which service shall have been in the practice of nursing home administration under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(2) Have:

(i) Successfully completed 120 clock hours in a program of study approved by the Board as prescribed in § 39.14(a)(2).

(ii) Been issued a registered nurse license in this Commonwealth which is currently renewed.

(iii) Done one of the following:

(A) During the 18 months immediately preceding the date of the application, served satisfactorily as a full-time director of nursing for 6 months and, during the 12 months immediately preceding the date of application, but not concurrent with the service as a director of nursing, acquired experience in the practice of nursing home administration by having served satisfactorily as a full-time assistant administrator in a nursing home or related health facility under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(B) During 2 of the 5 years immediately preceding the date of application, served satisfactorily as a full-time director of nursing in a nursing home or related health facility, 1,000 hours of which service shall have been in the practice of nursing home administration under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(3) Have:

(i) Been awarded a baccalaureate degree from an accredited college or university.

(ii) Successfully completed 120 clock hours in a program of study approved by the Board as prescribed in § 39.14(a)(2), unless the candidate has a baccalaureate degree in nursing home administration or a baccalaureate degree in a program equivalent to nursing home administration. The burden is on the candidate to demonstrate that the baccalaureate degree that the candidate has earned is equivalent to a baccalaureate degree in nursing home administration. Baccalaureate degree equivalency will be determined by the Board based upon the applicant’s transcripts and course descriptions. Candidates who have successfully completed a baccalaureate curriculum which is not in nursing home administration or equivalent to nursing home administration, but incorporates the 120-hour program as part of the curriculum, are not required to complete the 120-hour program separately. The burden is on the candidate to demonstrate that the 120-hour program is incorporated in the baccalaureate curriculum. The Board will evaluate the transcripts and course descriptions of the candidate and compare them to the requirements of § 39.14(a)(2) to determine if the 120-hour program was successfully completed as part of the baccalaureate curriculum.

(iii) Done one of the following:

(A) During the 9 months immediately preceding the date of application, acquired experience in the practice of nursing home administration by having served satisfactorily in a nursing home or related health facility as a full-time assistant administrator under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(B) During 18 months of the 5 years immediately preceding the date of application, served satisfactorily as a full-time supervisor in a nursing home or related health facility, 1,000 hours of which service shall have been in the practice of nursing home administration under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(C) During the 2 years immediately preceding the date of application, acquired 1,000 hours of experience in the practice of nursing home administration by having served satisfactorily as an AIT in a nursing home under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth, in accordance with § § 39.101—39.103 (relating to AIT Program).

(4) Have:

(i) Been awarded, from an accredited college or university, a master’s degree in nursing home administration, in hospital administration, in public health administration or in another academic area, including social gerontology, in which there is an emphasis in related health facility administration.

(ii) Done one of the following:

(A) During the 5 years immediately preceding the date of application, either acquired 6 months of satisfactory full-time supervisory experience in the administration of a nursing home under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth or acquired 6 months of satisfactory full-time experience in the administration of a related health facility under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(B) During the 2 years immediately preceding the date of application, acquired 800 hours of experience in the practice of nursing home administration by having served satisfactorily as an AIT in a nursing home under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth, in accordance with § § 39.101—39.103.

(5) Have:

(i) Successfully completed 120 clock hours in a program of study approved by the Board as prescribed in § 39.14(a)(2).

(ii) Acquired 2 years of satisfactory practical experience in the administration of a nursing home or related health facility, 1,000 hours of which practical experience shall have been under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth. A candidate will be required to appear personally before the Board to present documentation of the satisfactory practical experience claimed which includes a general knowledge of each of the following areas that are generally dealt with by a nursing home administrator: budget, hiring and firing, planning, personnel, supervision of staff, psychology of patients, medical and legal terminology, Federal and State rules and regulations governing nursing homes, rights of patients, basic principles of contract and tort law, principles of safety, purchasing, dietetic requirements and patient care.

(iii) Done one of the following:

(A) During the 18 months immediately preceding the date of application, acquired experience in the practice of nursing home administration by having served satisfactorily in a nursing home or related health facility as a full-time assistant administrator under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(B) During 3 of the last 5 years immediately preceding the date of application, served satisfactorily as a full-time supervisor in a nursing home or related health facility, 1,000 hours of which service shall have been in the practice of nursing home administration under the supervision of a full-time nursing home administrator licensed in this Commonwealth or in another state whose licensing standards are equal to those of the Commonwealth.

(c) The hours of experience in the practice of nursing home administration required of a candidate qualifying under subsection (b)(1)(iii)(B), (2)(iii)(B), (3)(iii)(B) or (C), (4)(ii)(B) or (5)(iii)(B) is designed to insure that the candidate has been exposed to hands-on practical application of the areas of educational training required in § 39.14(a)(2). The hours of experience must include a minimum of 300 hours in general administration, a minimum of 250 hours in patient services and care and a minimum of 250 hours in health and social service delivery systems. Any remaining hours may be distributed as needed to obtain the best results for each individual candidate. The nursing home administrator who supervised the candidate shall certify that the candidate has acquired the minimum number of hours for each area.

(d) A candidate shall pass a written examination that comprises two parts. Both parts of the examination are administered by a professional testing organization.

(1) An examination on the general principles of nursing home administration that are common to all jurisdictions that license nursing home administrators, known as the ‘‘uniform part.’’

(2) An examination on the regulations of the Department of Health in 28 Pa. Code Part IV Subpart C (relating to long term care facilities), known as the ‘‘State part.’’

(e) To pass the examination, a candidate shall achieve a passing score on both the uniform and State parts as set by the Board.

(f) Upon a timely request, the Board may allow a candidate to take the examination with the aid of a proctor, if the candidate is unable, because of physical problems, to take the examination under ordinary circumstances.

(g) A candidate who passes one part of the examination and fails the other is required to retake only the part failed. A candidate for reexamination on one or both parts of the examination shall submit an application to the Board and pay the required examination fee. As a condition precedent to reexamination after four failures, the Board may require the candidate to attend Board-approved courses of study in subjects prescribed by the Board.

(h) A special examination will not be given to a candidate except as provided in subsection (f).

The provisions of this § 39.5 adopted January 28, 1972, effective January 29, 1972, 2 Pa.B. 2244; amended April 18, 1975, effective April 19, 1975, 5 Pa.B. 931; amended March 5, 1976, effective March 6, 1976, 6 Pa.B. 418; amended April 23, 1976, effective April 24, 1976, 6 Pa.B. 2241; amended September 9, 1977, effective September 10, 1977, 7 Pa.B. 2606; amended March 27, 1981, effective March 28, 1981, 11 Pa.B. 1097; amended January 25, 1985, effective January 26, 1985, 15 Pa.B. 254; amended December 13, 1991, effective December 14, 1991, 21 Pa.B. 5725; amended December 30, 1994, effective December 31, 1994, 24 Pa.B. 6565; amended July 11, 2008, effective July 12, 2008, 38 Pa.B. 3811. Immediately preceding text appears at serial pages (208645) to (208648) and (253983).

Notation

Authority

The provisions of this § 39.5 amended under section 506 of The Administrative Code of 1929 (71 P. S. § 186); and the Nursing Home Administrators License Act (63 P. S. § § 1101—1114).

Notes of Decisions

The certification requirement of 49 Pa. Code § 39.5(c) of an applicant’s completion of the required hours of service in nursing home administration under 49 Pa. Code § 39.5(b)(4)(ii) requires that those hours of service be performed while physically present in a nursing home facility rather than at a central corporate management office. Romeis v. State Board of Examiners of Nursing Home Administrators, 459 A.2d 891 (Pa. Cmwlth. 1983).

The provision of 49 Pa. Code § 39.5(b)(4)(ii) requiring 1000 hours of service in nursing home administration requires also that service be spent in the nursing home facility and not in the central office of a multi-facility health care corporation. Romeis v. State Board of Examiners of Nursing Home Administrators, 459 A.2d 891 (Pa. Cmwlth. 1983).

A mental retardation facility does not meet the definition of a nursing home and a facility administrator does not meet the requirements to take the examination for licensure as a nursing home administrator by relying solely on experience as a facility administrator. Bonham v. State Board of Examiners of Nursing Home Administrators, 375 A.2d 821 (Pa. Cmwlth. 1977).

Cross References

This section cited in 49 Pa. Code § 39.1 (relating to definitions); and 49 Pa. Code § 39.18 (relating to subordinate supervision—statement of policy).