PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-01-157.
Title of Rule: WAC 246-843-010 General definitions.
Purpose: Defines terms used in chapter 18.52 RCW and chapter 246-843 WAC. Includes reference to the nursing home licensure law, chapter 18.51 RCW. Creates a separate rule on homes temporarily without an administrator and increases the time a facility may have an administrator designee when an administrator position is vacant.
Other Identifying Information: When a licensed administrator leaves employment, it creates a void that can only be filled by another licensed administrator. Nursing home facilities need a reasonable amount of time to recruit and hire a licensed administrator. DSHS may grant exceptions to licensed nursing homes under their statute, chapter 18.51 RCW.
Statutory Authority for Adoption: Chapters 18.52, 34.05 RCW.
Statute Being Implemented: Chapter 18.52 RCW.
Summary: Amendment to reorganize, make housekeeping changes, clarify existing language and define "recognized institution of higher learning" used in chapter 18.52 RCW. Separate rule provides guidance to nursing home facilities when a licensed administrator leaves employment.
Reasons Supporting Proposal: Amendments clarify existing language and inform users that the Department of Social and Health Services (DSHS) may grant exception under chapter 18.51 RCW.
Name of Agency Personnel Responsible for Drafting, Implementation and Enforcement: Barbara Hayes, Department of Health, (360) 236-4921.
Name of Proponent: Board of Nursing Home Administrators, governmental.
Rule is not necessitated by federal law, federal or state court decision.
Explanation of Rule, its Purpose, and Anticipated Effects: Amended rule defines terms used in statute and rule relating to nursing home administrator licensure and new rule allows a nursing home business more time to hire a licensed administrator.
Proposal Changes the Following Existing Rules: Clarify existing rule for easier understanding and implementation of law relating to nursing home administrators. Adding reference to DSHS statute reinforces DSHS authority over the nursing home facility and removes the likelihood of reader confusion.
No small business economic impact statement has been prepared under chapter 19.85 RCW. Cost does not exceed minor cost threshold.
RCW 34.05.328 does not apply to this rule adoption. These rules do not subject a person to a penalty or sanction; does not establish, alter or revoke a qualification or standard for nursing home administrator license, and does not make significant amendment to a policy or regulatory program.
Hearing Location: Wesley Gardens Board Room, 815 South 216th, Des Moines, WA 98198, on November 19, 1999, at 3:00 p.m.
Assistance for Persons with Disabilities: Contact Erin Obenland, (360) 236-4920, by November 12, 1999, TDD (800) 525-0127, or (800) 833-6388.
Submit Written Comments to: Barbara Hayes, fax (360) 236-4922, by November 12, 1999.
Date of Intended Adoption: November 19, 1999.
September 10, 1999
Barbara A. Hayes
Program Manager
OTS-2346.4
AMENDATORY SECTION(Amending WSR 95-07-128, filed 3/22/95,
effective 4/22/95)
WAC 246-843-010
General definitions.
((Whenever)) Terms
used in these rules ((and regulations, unless expressly otherwise
stated, or unless the context or subject matter requires a
different meaning, the following terms shall)) have the following
meanings:
(((1) "Nursing home administrator-in-training" means an
individual registered as such with the board, under and pursuant
to these rules and regulations.
(2) "Person" or "individual" means an individual and does not include the terms firm, institution, public body, joint stock association or any other group of individuals.
(3) "Secretary" means the secretary of the department of health or the secretary's designee.
(4) "Active administrative charge" is the ongoing direct participation in the operating concerns of a nursing home. Operating concerns shall include, but not be limited to, interaction with staff and residents, liaison with the community, liaison with regulatory agencies, pertinent business and financial responsibilities, planning and other activities as identified in the most current role delineation study of the National Association of Boards of Examiners for Nursing Home Administrators. The role delineation study is available from National Association of Boards of Examiners for Nursing Home Administrators, 808 17th Street NW #200, Washington, DC 20006.
(5) "On-site, full-time administrator" shall be defined as an individual in active administrative charge at the premises of only one nursing home facility, a minimum of four days and an average of forty hours per week, except: "On-site, full-time administrator with small resident populations," or in "rural areas," shall be defined as an individual in active administrative charge at the premises of only one nursing home facility:
(a) A minimum of four days and an average of twenty hours per week at facilities with one to thirty beds; or
(b) A minimum of four days and an average of thirty hours per week at facilities with thirty-one to forty-nine beds.
(6) "Collocated facilities" means that more than one licensed nursing facility is situated on a single contiguous piece of property, intersecting streets or roads allowing pedestrian crossing notwithstanding.
(7) "Nursing homes temporarily without an administrator." Upon the administrator's position becoming vacant, a nursing home may operate up to two continuous weeks under a responsible person authorized to act as administrator designee. Such person shall be qualified by experience to assume delegated duties. The nursing home shall have a written agreement with a Washington licensed administrator who shall be available to consult with such person.)) (1) "On-site, full-time administrator" is an individual in active administrative charge of one nursing home facility or collocated facilities, as licensed under chapter 18.51 RCW, a minimum of four days and an average of forty hours per week. Exception: "On-site, full-time administrator" in nursing homes with small resident populations, or in rural areas is an individual in active administrative charge of one nursing home facility, or collocated facilities, as licensed under chapter 18.51 RCW:
(a) A minimum of four days and an average of twenty hours per week at facilities with one to thirty beds; or
(b) A minimum of four days and an average of thirty hours per week at facilities with thirty-one to forty-nine beds.
(2) "Active administrative charge" is direct participation in the operating concerns of a nursing home. Operating concerns include, but are not limited to, interaction with staff and residents, liaison with the community, liaison with regulatory agencies, pertinent business and financial responsibilities, planning and other activities as identified in the most current job analysis published by the National Association of Boards of Examiners for Long-Term Care Administrators.
(3) "Person" means an individual and does not include the terms firm, corporation, institutions, public bodies, joint stock associations, and other such entities.
(4) "Nursing home administrator-in-training" means an individual in an administrator-in-training program approved by the board.
(5) "Secretary" means the secretary of the department of health or the secretary's designee.
(6) "Collocated facilities" means more than one licensed nursing facility situated on a contiguous or adjacent property, whether or not there are intersecting streets. Other criteria to qualify as a collocated facility would be determined by the nursing home licensing agency under chapter 18.51 RCW.
(7) "Recognized institution of higher learning" means an accredited degree granting institution in the United States or outside the United States that is listed in the directory of accredited institutions of postsecondary education published by the American Council on Education.
[Statutory Authority: RCW 18.52.061. 95-07-128, § 246-843-010, filed 3/22/95, effective 4/22/95; 93-13-004 (Order 371B), § 246-843-010, filed 6/3/93, effective 7/4/93. Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), § 246-843-010, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as § 246-843-010, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14). 87-02-008 (Order PM 633), § 308-54-020, filed 12/29/86; Order PL 107, § 308-54-020, filed 3/3/71.]
After an administrator's position becomes vacant, a nursing home may operate under a responsible person authorized to act as administrator designee. The administrator designee may act for four continuous weeks unless an exception is granted by the nursing home licensing agency under chapter 18.51 RCW.
The administrator designee shall be qualified by experience to assume delegated duties. A Washington licensed administrator shall sign an agreement to be available to consult with the administrator designee.
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