Chapter 402
S.P. 659 - L.D. 1842
PART E
Sec. E-1. 32 MRSA §63-A, as amended by PL 1999, c. 790, Pt. A, §35, is further amended to read:
1. Membership.
The Nursing Home Administrators Licensing Board, as established by Title 5, section 12004-A, subsection 23, and referred to in this section as the "board," consists of 7 members appointed by the Governor. The members must be citizens of the United States and residents of this State. One member must be a registered nurse with not less than 5 years of active practice in nursing homes in the State. Two members must be representatives of the public members as defined in Title 5, section 12004-A. Three members must be administrators of nursing homes with not less than 5 years of active experience in the State. One member must be an administrator of an intermediate care facility for the mentally retarded with not less than 5 years of active practice in that capacity.
2. Terms.
Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 60 8009. A member may be removed by the Governor for cause.
3. Meetings; chair; quorum.
The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. A majority Four members of the board constitutes constitute a quorum for all purposes.
7. Reports; budget.
No later than August 1st of each year, the board shall submit to the commissioner a report of its transactions of the preceding fiscal year ending June 30th and shall transmit to the commissioner a complete statement of all receipts and expenditures of the board, attested by affidavit of its chair.
Sec. E-2. 32 MRSA §63-B, as amended by PL 2001, c. 323, §§11 and 12, is further amended to read:
The board shall have has the powers and duties set forth in this section.
1. Board to administer and enforce.
The board shall administer and enforce this chapter , and shall evaluate the qualifications of and supervise approve the examination of to be taken by applicants for licensure under this chapter and it shall investigate written allegations of violations of or noncompliance with this chapter. The board shall keep such records and minutes as are necessary to the ordinary dispatch of its functions.
2. Rules.
The board may, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II 2, adopt rules commensurate with the authority vested in it by this chapter, including, but not limited to, standards for courses of study for administrators, requirements for the training, experience and qualifications for the licensure of administrators and administrators-in-training, continuing educational requirements, standards and procedures for examination for the licensure of administrators, standards and procedures for the issuance, revocation and suspension of licenses of administrators and for the investigation of written charges and complaints filed with the board. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
3. Temporary licenses.
The board may by rule determine conditions and procedures by which it may issue temporary licenses. Temporary licenses may be issued for periods of up to one year. The total length of multiple temporary licenses may not extend beyond one year.
4. Examinations.
The board shall conduct written Written examinations for licensure must be held one or more times each year, at such times and places as it the board may determine.
5. Application and license fees.
Fees for applications , and initial licenses and annual license renewals for nursing home administrators and administrators-in-training may be established as provided in section 67.
6. Hearings.
Hearings may be conducted by the board to assist with investigations, to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise determined necessary to the fulfillment of its responsibilities under this chapter. The board may not refuse to renew a license for any reason other than failure to pay a required fee, unless it has afforded the licensee an opportunity for an adjudicatory hearing. The board shall hold an adjudicatory hearing at the written request of an individual who is denied a license without a hearing for any reason other than failure to pay a required fee, provided that the request for hearing is received by the board within 30 days of the applicant's receipt of written notice of the denial of the application, the reason for the denial and the applicant's right to request a hearing. Hearings must be conducted in conformity with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV, to the extent applicable. The board may subpoena witnesses, records and documents in any hearing it conducts.
8. Exception.
This chapter or the rules under this chapter may not be construed to require an applicant for a license as a nursing home administrator who is certified by a recognized church or religious denomination that teaches reliance on spiritual means alone for healing as having been approved to administer institutions certified by that church or denomination for the care and treatment of the sick in accordance with its teachings to demonstrate proficiency in medical techniques or to meet medical educational qualifications or medical standards not in accord with the remedial care and treatment provided in those institutions. An individual licensed under this exception may act as an administrator only in those institutions described in this subsection.
Sec. E-3. 32 MRSA §64-A, as amended by PL 1993, c. 600, Pt. A, §32 and PL 1999, c. 547, Pt. B, §57 and affected by §80, is repealed.
Sec. E-4. 32 MRSA §64-B is enacted to read:
In addition to the grounds enumerated in Title 10, section 8003, subsection 5-A, paragraph A, the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5-A for:
1. Habitual substance abuse.
Habitual substance abuse that has resulted or is foreseeably likely to result in the licensee performing assigned services in a manner that endangers the health or safety of patients;
2. Mental or physical condition.
A professional diagnosis of a mental or physical condition that has resulted or may result in the licensee performing assigned services in a manner that endangers the health or safety of patients; or
3. False advertising.
Engaging in false, misleading or deceptive advertising.
If the factual basis of the complaint is or may be true and the complaint is of sufficient gravity to warrant further action, the board may request an informal conference with the licensee. The board shall provide the licensee with adequate notice of the conference and of the issues to be discussed. The conference must be conducted in executive session of the board, pursuant to Title 1, section 405, unless otherwise requested by the licensee. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent.
Sec. E-5. 32 MRSA §65, as amended by PL 2001, c. 323, §13, is further amended to read:
All licenses issued under this chapter, except temporary licenses, expire annually on a date established by the commissioner and become invalid if not renewed. Every individual licensed under this chapter shall pay, on or before the expiration date, a fee for renewal of the license to the board renewal fee as set under section 67. The board shall notify each individual licensed under this chapter of the date of expiration of that individual's license and the amount of fee required for its renewal for a one-year period. The notice must be mailed to the individual's last known address at least 30 days before the expiration of the license. Renewals are contingent upon evidence of participation in continuing professional education. A license may be renewed up to 90 days after the date of its expiration upon payment of a late fee in addition to the renewal fee. An individual who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may, in its discretion and giving due consideration to the protection of the public, waive examination if that renewal application is made received, together with the late fee and renewal fee, within 2 years from the date of the expiration.
Sec. E-6. 32 MRSA §66, as amended by PL 1993, c. 600, Pt. A, §34 and PL 1999, c. 547, Pt. B, §78 and affected by §80, is repealed.
Sec. E-7. 32 MRSA §68 is enacted to read:
An individual who violates section 61 is subject to the provisions of Title 10, section 8003-C.