Oregon Bulletin
Rule Caption: Standardization with other professions regulated by OHLA.
Adm. Order No.: NHAB 1-2011
Filed with Sec. of State: 12-15-2011
Certified to be Effective: 1-1-12
Notice Publication Date: 11-1-2011
Rules Adopted: 853-020-0000, 853-030-0000, 853-030-0010, 853-030-0020, 853-030-0030,
853-030-0040, 853-030-0050, 853-030-0060, 853-030-0070, 853-040-0000,
853-050-0000, 853-050-0010, 853-060-0000, 853-060-0010
Rules Repealed: 853-001-0000, 853-001-0005, 853-001-0020, 853-001-0025, 853-001-0030,
853-010-0010, 853-010-0015, 853-010-0017, 853-010-0020, 853-010-0025,
853-010-0035, 853-010-0040, 853-010-0045, 853-010-0050, 853-010-0055,
853-010-0060, 853-010-0065, 853-010-0070, 853-010-0074, 853-010-0075,
853-010-0076, 853-010-0077, 853-010-0078, 853-010-0079, 853-010-0080
Subject: The Oregon Health Licensing Agency (Agency) and the
Nursing Home Administrators Board (NHAB) are proposing to adopt the NHAB
administrative rules Chapter 853 Divisions 20 – 60. Rule changes are
necessary to standardize and streamline rules for consistency with other
professions regulated by OHLA and to allow for the adoption of rules that will
align with current industry, agency and statewide rulemaking standards and
principles.
Adopt
853-020-0000 Definitions: in order to meet rulemaking protocols and define
relevant terms where utilized within the rule for efficiency.
Adopt
853-030-0000 Nursing Home Administrator Application Requirements: to establish
standardized pathways for licensure and to streamline the application process.
The pathways include:
•
Qualification through the AIT program
•
Qualification through dual facility experience
•
Qualification through advanced education and experience
•
Reciprocity
Adopt
853-030-0010 Provisional Licenses – Application and Issuance: for bona
fide emergencies.
Adopt
853-030-0020 Application for Registration as an AIT: for individuals applying
for an AIT registration.
Adopt
853-030-0030 Application for Registration as a Preceptor: to strengthen the AIT
supervisory role and to outline minimum qualifications that a preceptor must
meet in order to qualify to train AITs.
Adopt
853-030-0040 Administrator-in-Training (AIT) Program: requirements in order to
add clarity and to provide the AIT with a streamlined process for the training
period.
Adopt
853-030-0050 General Examination Information: requirements to include all
information related to examinations are streamlined into one administrative
rule.
Adopt
853-030-0060 Examination Retake: to clarify the retake process.
Adopt
853-030-0070 Nursing Home Administrator Issuance and Renewal: to align with
statutory provisions pursuant to ORS 678.775, by establishing a reactivation
fee and the number of years a licensee can renew late up to three years to
align with renewal requirements and agency protocol. The rule also addresses
those authorizations that have expired beyond three years.
Adopt
853-040-0000 Fees: establishing and changing fees.
Adopt
853-050-0000 Continuing Education Requirements: to clarify and establish
continuing education credit criteria. Nursing Home Administrators must complete
a minimum of 2.0 credits or 20 hours every year.
Adopt
853-050-0010 Continuing Education: Audit, Required Documentation and Sanctions:
provide the licensee clarity regarding the process if selected for an audit of
attested continuing education
credits.
Adopt
853-060-0000 Standards of Practice: to establish and
maintain a high standard of integrity and dignity in the profession of nursing
home administrators.
Adopt
853-060-0010 Standards of Professional Conduct: to protect the public against
unprofessional conduct on the part of nursing home administrator.
Rules Coordinator: Samantha Patnode—(503) 373-1917
853-020-0000
Definitions
(1) “Agency”
means the Oregon Health Licensing Agency.
(2) “CEU”
means a continuing education unit and the numerical value determined by the
board to be earned by a renewal applicant by attending a specified training
course. The terms “continuing education credit” and “continuing education unit”
are synonymous and may be used interchangeably.
(3) “Continuing
Education” means post-licensure education in health care administration undertaken
to maintain professional competency to practice nursing home administration,
and improve administration skills, in the interest of safety, health and
welfare of the people served.
(4) “Experience”
means prior performance in administration, including planning, organizing,
directing, staffing, and budgeting of a licensed long-term care facility.
(5) “Experience
in Health Care Management” means experience in administration, planning,
organizing, directing, staffing and budgeting of a licensed health care
facility.
(6) “Long-Term
Care Facility” means a licensed facility as defined in ORS 442.015.
(7) “NAB”
is the National Association of Long Term Care Administrator Boards.
(8) “Official
Transcript” means an original document certified by an accredited college or
university indicating hours and types of course work, examinations and scores
that the student has completed, which has been submitted by the accredited
college or university by mail or courier to the agency in a sealed envelope in
accordance with ORS 678.730.
(9) “One
Year” when related to employment means a period equivalent to 40 hours a week
for 48 weeks.
(10) “Preceptor”
means a person who is registered to train and supervise an AIT.
(11) “Trainee”;
“Administrator-in-Training”; or “AIT” means a person who is completing the
residency or intern requirements leading to licensure as a nursing home
administrator. See ORS 678.730(1)(a)
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.710, 678.730, 678.760
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0000
Nursing
Home Administrator Application Requirements
An
individual applying for a nursing home administrator license must:
(1) Meet
the requirements of OAR 331 division 30.
(2) Submit
a completed application form prescribed by the agency, which must contain the
information listed in OAR 331-030-0000 and be accompanied by payment of the
required application fees.
(3) In
addition to requirements listed in subsections (1) and (2) of this rule, an
applicant must provide documentation of one of the following pathways:
(a)
Licensure Pathway 1 – Qualification through the AIT Program. Applicant
must submit:
(A)
Official transcript as defined in OAR 853-020-0000(8) demonstrating attainment
of qualifying Bachelor’s degree pursuant to ORS 678.730(3);
(B)
Certificate of Training Completion on forms prescribed by the agency;
(C)
Examination fees;
(D)
Official documentation of a passing score on the NAB examination, successfully
completed within one year following the date of application, sent directly by
the NAB to the agency. Copies of examination results or other documentation
provided by the applicant are not acceptable. The applicant is responsible for
payment of fees assessed by NAB in obtaining required official documentation.
See ORS 678.740 and OAR 853-030-0030
Note: Upon completion and approval of
all application requirements listed in (1), (2), and (3)(a)(A) through (B) of
this rule the agency may notify NAB an applicant is qualified to take the NAB
examination;
(E) Proof
of having completed and passed the board approved state examination within one
year preceding or one year following the date of application. See ORS 678.740
and OAR 853-030-0030; and
(F) Upon
passage of all required examinations and before issuance of license, applicant
must pay all license fees.
(b)
Licensure Pathway 2 – Qualification through dual facility experience.
Applicant must submit:
(A) Proof,
from the organization, of one year experience as an administrator serving a
dual facility as per ORS 678.710(1);
(B)
Examination fees;
(C)
Official documentation of a passing score on the NAB examination, successfully
completed within one year following the date of application, sent directly by
the NAB to the agency. Copies of examination results or other documentation
provided by the applicant are not acceptable. The applicant is responsible for
payment of fees assessed by NAB in obtaining required official documentation.
See ORS 678.740 and OAR 853-030-0050
Note: Upon completion and approval of
all application requirements listed in (1), (2), and (3)(b)(A) of this rule the
agency may notify NAB an applicant is qualified to take the NAB examination;
(D) Proof
of having completed and passed the board approved state examination within one
year preceding or one year following the date of application. See ORS 678.740
and OAR 853-030-0050; and
(E) Upon
passage of all required examinations and before issuance of license, applicant
must pay all licenseing fees.
(c)
Licensure Pathway 3 – Qualification through advanced education and
experience. Applicant must submit:
(A)
Official transcript as defined in OAR 853-020-0000(8) demonstrating attainment
of a postgraduate degree in management pursuant to ORS 678.730(4);
(B) Proof
of ten years of experience in health care management as defined in OAR
853-020-0000(5).
(C) All
licensing fees.
(d)
Licensure Pathway 4 – Reciprocity. Applicant must submit:
(A) An
affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of
current licensure, which is active with no current or pending disciplinary
action, as a nursing home administrator. The license must have been issued by
another state or territory of the United States and the licensing requirements
must be at least equivalent to those in ORS 678.730
(B) All
licensing fees.
(e)
Licensure Pathway 5 – Reciprocity for licensees registered prior to
January 1, 1983. Applicant must submit:
(A) An
affidavit of licensure pursuant to OAR 331-030-0040 demonstrating proof of
current licensure, which is active with no current or pending disciplinary
action, as a nursing home administrator. The license must have been issued by
another state or territory of the United States and the licensing requirements
must be at least equivalent to those in ORS 678.730. The affidavit must
indicate that the license was originally issued prior to January 1, 1983;
(B) All
licensing fees.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.730, 678.760, 678.770, 678.775, 678.820
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0010
Provisional
Licenses – Application and Issuance
(1)
Whenever a bona fide emergency exists such as, but not limited to, the death,
incapacitation, or unexpected resignation of a licensed nursing home
administrator and the nursing home which such person was administering is
unable to employ a regularly licensed nursing home administrator, the long-term
care facility may be administered by a provisionally licensed nursing home
administrator. The provisional license is valid for only the nursing home in
which the emergency that allowed the provisional license exists, and is valid
until a licensed nursing home administrator can be employed, but not to exceed
six months.
(2) An
individual applying for a nursing home administrator provisional license must:
(a) Meet
the requirements of OAR 331 division 30.
(b) Submit
a completed application form prescribed by the agency, which must contain the
information listed in OAR 331-030-0000 and be accompanied by payment of the
required application fees.
(c) Submit
a formal request from the owner or manager of the nursing home explaining the
emergency situation and the need for a provisional administrator.
(d) In
addition to requirements listed in subsection (2) (a), (b) and (c) of this
rule, an applicant must provide documentation of one of the following:
(A) Proof
of qualification under licensure pathway 2, 3, 4 or 5;
(B) Current
employment as the nursing home’s Assistant Administrator; or
(C) Current
employment as the nursing home’s Director of Nursing.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.710, 678.760(5), 678.775
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0020
Application
for Registration as an AIT
An
individual applying for an AIT registration must:
(1) Meet
the requirements of OAR 331 division 30;
(2) Submit
a completed application form prescribed by the agency, which must contain the
information listed in OAR 331-030-0000 and be accompanied by payment of the
required application fees.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stat.
Implemented: ORS 678.730
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0030
Application
for Registration as a Preceptor
An
individual applying for a Preceptor registration must:
(1) Meet
the requirements of OAR 331 division 30;
(2) Submit
a completed application form prescribed by the agency, which must contain the
information listed in OAR 331-030-0000 and be accompanied by payment of the
required application fees.
(3) In
addition to requirements listed in subsection (1) and (2) of this rule, a
preceptor must:
(a) Hold a
current Oregon nursing home administrator license with no current or pending
disciplinary action, and with no fines, fees, or civil penalties owing to the
Agency;
(b) Have
been a licensed nursing home administrator for the least three years; and
(c) Have
attended a Board-approved workshop for preceptors in Oregon within three years
preceding the date of application for registration.
(4) In
order to maintain current registration as a Preceptor with the agency;
(a) For a
preceptor registered before January 1, 2012 the preceptor must attend a
Board-approved workshop for preceptors in Oregon by December 31, 2012.
(b) A
preceptor must attend a Board-approved workshop for preceptors in Oregon every
three years.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: 678.730, 678.760, 678.775, 678.820
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0040
AIT Program
The AIT
program consists of 960 hours of training under the supervision of a preceptor.
The training program documentation can be reviewed at www.oregon.gov/OHLA/NHAB.
(1) An AIT
program applicant must apply for and be granted registration pursuant to OAR
853-030-0020 prior to beginning the AIT program.
(2) An AIT
registered after January 1, 2012:
(a) Must
complete the AIT program in no less than six months and no more than two years
after beginning the program. An AIT failing to complete the program within two
years after beginning the program must reapply and, if accepted, must begin the
program again;
(b) May
apply for a waiver of up to 80 hours of the AIT program pertaining to resident
care and quality of life if the AIT submits:
(A) Proof
of current CNA certification with no current or pending disciplinary actions
and with no fines, fees, or civil penalties currently owing. Applicants must
submit an affidavit of licensure pursuant to OAR 331-030-0040; or
(B) A
certificate of completion from a CNA program within the last two years
preceding the date of registration application.
(c) May
apply for a waiver of up to 160 hours of the AIT program pertaining to resident
care and quality of life if the AIT:
(A) Submits
proof of current licensure as a LPN or RN in a long-term care facility, with no
current or pending disciplinary actions and with no fines, fees, or civil
penalties currently owing; and
(B) Has
three years of experience within the last five years as a LPN or RN in a
long-term care facility. Applicants must submit an affidavit of licensure
pursuant to OAR 331-030-0040; and
(d) May
apply for a waiver under subsection (3) or (4) of this rule, but not both.
(3) A
registered preceptor must provide the AIT a minimum of four (4) hours per month
of in-person consultation regarding the strengths, progress, and competency
development needs of the AIT, and to suggest methods of improvement. In-person
consultation must be documented on a form prescribed by the agency.
(4) A
registered preceptor must:
(a) Train
only one AIT at any one time;
(b) Sign
the Certificate of Training completion forms;
(5) Both
the AIT and preceptor registrants must notify the agency of any discontinuation
of, change or interruptions in the AIT program.
(6) An AIT
registered prior to January 1, 2012, may complete training under that AIT’s
currently approved program. The AIT must complete the AIT program in no less
than six months and no more than two years after beginning the program. An AIT
failing to complete the program within two years after beginning the program
must reapply and, if accepted, must begin the program pursuant to OAR
853-030-0040(2);
(7) Neither
AIT registration nor acceptance into an AIT program authorizes an AIT
registrant to practice or offer to practice as a nursing home administrator or
to use the title of or abbreviations for Nursing Home Administrator. An AIT
registrant engaging in such conduct may be disqualified from all or part of the
training program. See ORS 678.720(1).
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.730, 678.760, 678.820
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0050
General
Examination Information
(1) The
board approved examinations for a nursing home administrator license are the
NAB examination with a NAB passing score and the state prepared examination
administered by the agency with a board approved passing score.
(2) To take
the examinations, an applicant must meet identification requirements listed
under OAR 331-030-0000.
(3) The
examination is administered in English only, unless an agency approved testing
contractor or vendor provides the examination in languages other than English.
(4)
Examination candidates may be electronically monitored during the course of
testing.
(5) The
Board will establish a maximum time allowance for each section of the
examination.
(6) Notes,
textbooks, notebooks, electronic equipment or communication devices, such as
personal computers, pagers and cellular telephones or any other devices deemed
inappropriate by the agency, are prohibited in the examination area.
(7) A
candidate may be immediately disqualified before, during, or after the
examination for conduct that interferes with the examination or otherwise
violates this rule. At the time of disqualification, the examination may be
invalidated and examination fees may be forfeited. Disqualifying conduct
includes but is not limited to:
(a)
Directly or indirectly giving, receiving, soliciting, and attempting to give,
receive or solicit aid during the examination process;
(b)
Violations of subsection (6) of this rule;
(c)
Removing or attempting to remove any examination-related information, notes or
materials from the examination site;
(d) Failing
to follow directions relative to the conduct of the examination; and
(e)
Exhibiting behavior that impedes the normal progress of the examination.
(8) The
applicant may be required to reapply, submit additional examination fees, and
request in writing to schedule another examination if applicant is disqualified
from taking the examination.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.730, 678.740, 678.760, 678.775
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0060
Examination
Retake
All
examinations retakes are subject to examination fees and an approved
examination schedule set by the agency
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.40, 678.775
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-030-0070
Nursing
Home Administrator Issuance and Renewal
(1)
AUTHORIZATION AND RENEWAL: A licensee is subject to the provisions of OAR chapter
331, division 30 regarding the issuance and renewal of a license, provisions
regarding authorization to practice, identification requirements, and
requirements for issuance of a duplicate license.
(2)
AUTHORIZATION RENEWAL: To avoid delinquency penalties, license renewal must be
made prior to the license entering inactive status. The licensee must submit
the following:
(a) Renewal
application form;
(b) Payment
of required renewal fee pursuant to 853-040-0000; and
(c)
Documentation of having obtained required annual continuing education under OAR
853-050-0000, on a form prescribed by the agency.
(3)
INACTIVE AUTHORIZATION: A license may be inactive for up to three years. When
renewing after entering inactive status, the licensee must submit the following:
(a) Renewal
application form;
(b) Payment
of delinquency and license fees pursuant to OAR 853-040-0000;
(c)
Documentation of having obtained required annual continuing education under OAR
853-050-0000, on a form prescribed by the agency, whether license has been
current or inactive;
(4) EXPIRED
AUTHORIZATION: A license that has been inactive for more than three years is
expired and the licensee must reapply and meet the requirements listed in OAR
853-030-0000.
(5) A
licensee failing to meet continuing education requirements listed under OAR
853-050-0000 is expired and must reapply and meet requirements pursuant to OAR
853-030-0000.
(6) A
licensee may not practice with an inactive or expired license.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats. Implemented:
ORS 678.730, 678.740, 678.760, 678.775, 678.820
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-040-0000
Fees
(1)
Applicants and registrants are subject to the provisions of OAR 331-010-0010
and 331-010-0020 regarding the payment of fees, penalties and charges.
(2) Fees
established by the Oregon Health Licensing Agency are as follows:
(a)
Application:
(A) License
(including by reciprocity): $100
(B)
Provisional license: $50
(C) AIT
registration: $100
(D)
Preceptor registration: $100
(b) State
examination: $125
(c)
Original issuance:
(A) License
(including by reciprocity): $130 for one year
(B)
Provisional license: $50 for six months
(d) Renewal
of license: $130 for one year
(e) Other
administrative fees:
(A)
Delinquency fee: $50 for each year in inactive status up to three years.
(B)
Replacement of license, including name change: $25
(C)
Affidavit of licensure: $50
(D)
Information Packet: $10
(E) An
additional $25 administrative processing fee will be assessed if a NSF or
non-negotiable instrument is received for payment of fees, penalties and
charges. Refer to OAR 331-010-0010.
Stat.
Auth.: ORS 676.615, 678.775, 678.820(2)(g)
Stat.
Implemented: ORS 678.775
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-050-0000
Continuing
Education Requirements
(1) To
maintain licensure, nursing home administrators must complete a minimum of 2.0
credits or 20 hours every year. Credit hours obtained in excess of those
required for the one-year reporting period shall not be carried forward.
(2) Each
licensee shall document compliance with the continuing education requirement
through attestation on the license renewal application. Licensees are subject
to provisions of OAR 853-050-0010 pertaining to periodic audit of continuing
education.
(3)
Continuing education must be obtained by participation in or attendance at a
course provided by an accredited college or university, a course or program
approved by NAB, or an agency pre-approved course or program.
(4)
Continuing education must address subject matter related to nursing home
administration in accordance with ORS 678.710(3) and OAR 853-020-0000(3).
(5) CEU
credit will be awarded based on the following criteria:
(a)
Completion and passing of academic courses taken from an accredited college or
university at the same rate of credit established by that institution;
(b)
Completion of professional courses which meet academic course requirements in
content, instruction and evaluation will be assigned CEU credit at the same
rate as academic courses.
(c) Courses
that do not meet standards as set forth in paragraphs (a) and (b) of this
subsection, such as workshops, symposiums, seminars, laboratory exercises, or
any applied experience with or without formal classroom work may receive credit
at the rate of 1.0 CEU for each ten hours of attendance.
(6)
Documentation supporting compliance with continuing education requirements must
be maintained for a period of two years following renewal, and must be
available to the agency upon request.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.730, 678.760
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-050-0010
Continuing
Education: Audit, Required Documentation and Sanctions
(1) The
Oregon Health Licensing Agency will audit a percentage of licensees, as
determined by the Board, to verify compliance with continuing education
requirements of this rule.
(2)
Licensees notified of selection for audit of continuing education attestation
shall submit to the agency, within 30 calendar days from the date of issuance
of the notification, satisfactory evidence of participation in required
continuing education in accordance with OAR 853-050-0000.
(3) If
selected for audit, the registrant must provide documentation of the required
continuing education, which must include:
(a) For
courses provided by an accredited college or university – An official
transcript from the accredited college or university;
(b) For NAB
approved programs or courses – A certificate of completion that includes
the NAB approval number; or
(c) For
agency pre-approved programs or courses – A certificate of completion or
other agency approved documentation that includes the agency pre-approval
number.
(4) For
courses or programs attended prior to March 1, 2012 that are provided by
organizations previously granted blanket program approval by the board, no
documentation of NAB approval or agency pre-approval is required.
(5) If
documentation of continuing education is incomplete, the registrant has 30
calendar days from the date of notice to submit further documentation to
substantiate having completed the required continuing education.
(6) Failure
to meet continuing education requirements shall constitute grounds for
disciplinary action, which may include but is not limited to assessment of a
civil penalty and suspension or revocation of the license.
Stat.
Auth.: ORS 676.615, 678.820(2)(g)
Stats.
Implemented: ORS 678.730, 678.760
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-060-0000
Standards
of Practice
The board
adopts the following standards of practice to establish and maintain a high
standard of integrity and dignity in the profession of nursing home
administrators. A licensee must:
(1) Develop
policies which govern the continuing care and related medical and other
services provided by the facility which reflects the facility’s person-centered
philosophy;
(2)
Maintain a clean and safe environment to ensure the health, safety, and welfare
of residents and staff in the licensee’s facility;
(3) Ensure
a quality of care and quality of life that is consistent with the health and
safety of the residents in the facility. This includes, but is not limited to,
the promotion of care, related medical and other services provided by the
facility to assist each resident to attain or maintain the highest practicable
mental, physical, and psychosocial well being to the extent it is consistent
with the resident’s wishes;
(4)
Participate with the ownership, management, or facility governing board to
plan, implement, and evaluate written policies and procedures to promote
facility systems to function properly and ensure compliance with all local,
state, and federal laws and regulations;
(5) Communicate
and problem solve regularly with the governing body, department heads, facility
staff and residents to allocate resources properly. The nursing home
administrator must foster effective communication and problem solving between
management, staff, residents, family, community, and all parties involved to
ensure appropriate management and operation of the facility and to provide for
residents’ rights, health, safety, and welfare; and
(6) Plan,
implement, and evaluate an integrated financial program for the facility which
ensures compliance with all local, state, and federal laws and regulations;
quality of care and life; and appropriate and accurate billing for services.
Stat.
Auth.: 676.615, 678.820
Stats.
Implemented: ORS 678.720, 678.725, 678.780, 678.820
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
853-060-0010
Standards
of Professional Conduct
The Board
adopts the following standards of professional conduct to protect the public
against unprofessional conduct on the part of nursing home administrators. A
licensee must:
(1) Comply
with all local, state, and federal laws and regulations concerning the
operation and reimbursement of nursing homes and/or nursing home
administrators. The licensed nursing home administrator shall cooperate with
any investigation of these regulatory bodies;
(2)
Exercise appropriate supervision and responsibility over the activities of
nursing home personnel;
(3) Protect
resident rights as required by state and federal laws including, but not
limited to, the protection against abuse, neglect, and other mistreatment
pursuant to ORS 676.150 and 678.725;
(4) Possess
and maintain the competencies necessary to effectively perform the
responsibilities as a nursing home administrator, including but not limited to:
(a)
Exercising ethical and professional decision making and judgment;
(b)
Assuming leadership in the facility;
(c)
Exemplifying an administrative philosophy congruent with the mission and goals
of the organization as well as generally accepted standards;
(d)
Planning, organizing, and directing those responsibilities delegated to the
administrator by the ownership, management, or governing board of the facility
and inherent in the role of an administrator;
(e) Abiding
by and keeping confidential resident information; and
(f) Keeping
current with standards of practice; and
(5) Take
appropriate steps to avoid discrimination against residents on basis of race,
color, sex, religion, age, national origin, disability, marital status,
ancestry, sexual orientation or any other factor that may be discriminatory or
not related to bona fide requirements of quality care.
Stat.
Auth.: ORS 676.615, 678.820
Stats.
Implemented: ORS 676.150, 678.710, 678.725, 678.780, 678.820
Hist.: NHAB
1-2011, f. 12-15-11, cert. ef. 1-1-12
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.
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