§ 12-265-107 — Powers and duties of the board - rules

(1) The board has the
following powers and duties:

(a) To adopt rules defining standards of nursing home administration,
including the responsibilities and duties of nursing home administrators, consistent
with this article 265. The standards established in the rules shall be met by
individuals in order to receive and retain a license and shall be designed to ensure
that nursing home administrators are qualified by education and training in the
appropriate field to serve as nursing home administrators.

(b) To develop and apply appropriate techniques, including examinations and
investigations, for determining whether an individual meets the standards adopted
under subsection (1)(a) of this section;

(c) To issue licenses to individuals determined, after application of the
techniques, to meet the standards specified in subsection (1)(a) of this section;

(d) To take disciplinary action against a licensee in accordance with section
12-20-404 or place a temporary license holder on probation in any case where the
individual holding any such license is determined to have failed to conform to the
standards developed pursuant to subsection (1)(a) of this section or to have
committed an act that constitutes grounds for discipline as set forth in section 12-265-113;

(e) To establish and carry out procedures designed to ensure that individuals
licensed as nursing home administrators will, during any period that they serve as
such, comply with the requirements of the standards specified in subsection (1)(a)
of this section;

(f) (I) To conduct investigations, hold hearings, and take evidence in
accordance with section 12-20-403.

(II) A person providing documents subpoenaed pursuant to section 12-20-403 (2) shall prepare them from the original record and shall delete from the copy
provided pursuant to the subpoena the name of the resident, but shall identify the
resident by a numbered code, to be retained by the custodian of the records from
which the copies were made. Upon certification of the custodian that the copies are
true and complete except for the resident's name, they shall be deemed authentic,
subject to the right to inspect the originals for the limited purpose of ascertaining
the accuracy of the copies. No privilege of confidentiality shall exist with respect to
the copies, and no liability shall lie against the board, the custodian, or the
custodian's authorized employee for furnishing or using the copies in accordance
with this subsection (1).

(2) (a) The board shall develop rules, with input from long-term care facility
provider associations, the department of public health and environment, the office
of the state attorney general, and consumer representatives, concerning factors to
be considered in determining performance that fails to meet generally accepted
standards for nursing home administrators and whether or not remedial or
disciplinary actions are warranted. The board may create an advisory committee to
assist the board in developing standards that describe the responsibilities and
duties of nursing home administrators.

(b) If, after an investigation, the board determines that there are reasonable
grounds to believe that the performance of a licensed administrator is inconsistent
with the health or safety of residents in the care of the facility in which the
administrator works and is contrary to standards adopted by the board, the board
may initiate disciplinary action as may be warranted.

(3) The board shall have the authority to make rules pursuant to section 12-20-204 and to take such other actions as may be necessary to enable the state to
meet the requirements set forth in section 1908 of the federal Social Security
Act, the federal regulations promulgated thereunder, and other pertinent federal
requirements.

(4) The board shall promulgate rules defining the criteria for the education
and experience necessary for admittance to the administrator-in-training program.
The board shall furnish copies of the appropriate rules to members of the public
upon request. The criteria for the education and experience necessary for
admittance to the administrator-in-training program shall not exceed successful
completion of two years of college level study in an accredited institution of higher
education in areas relating to health care or two years of board-approved
experience in nursing home administration or comparable health management
experience for each year of required education.

Legislative History

Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1379, � 1, effective October 1.