Section 6400.43. Chief executive officer

(a) There shall be one chief executive officer responsible for the home or agency.

(b) The chief executive officer shall be responsible for the administration and general management of the home, including the following:

(1) Implementation of policies and procedures.

(2) Admission and discharge of individuals.

(3) Safety and protection of individuals.

(4) Compliance with this chapter.

(c) A chief executive officer shall have one of the following groups of qualifications:

(1) A master’s degree or above from an accredited college or university and 2 years work experience in administration or the human services field.

(2) A bachelor’s degree from an accredited college or university and 4 years work experience in administration or the human services field.

The provisions of this § 6400.43 amended through January 22, 1982, effective March 1, 1982, 12 Pa.B. 384; amended August 9, 1991, effective November 8, 1991, 21 Pa.B. 3595. Immediately preceding text appears at serial page (133677).

Notation

Notes of Decisions

Qualifications

The Department of Public Welfare did not abuse its discretion in adopting a hearing examiner’s recommendation to deny a residential health care facility for children with pulmonary impairments’ request for a waiver of the requirement that is chief executive officer have a college degree so that its founder and administrator could become chief executive officer even though she did not hold a college degree, where the Department chose not to compromise its clearly-written and reasonable requirement that the chief executive officer have a college degree, and where it is imperative that health care facilities maintain high standards in order to give the best care to their patients, especially when the patients are medically fragile children. Second Breath v. Department of Public Welfare, 731 A.2d 674 (Pa. Cmwlth. 1999).

Cross References

This section cited in 55 Pa. Code § 6000.1003 (relating to definitions); 55 Pa. Code § 6400.41 (relating to effective date of staff qualifications); and 55 Pa. Code § 6500.41 (relating to effective date of staff qualifications).