PROPOSED RULES
Original Notice.
Preproposal statement of inquiry was filed as WSR 98-01-158.
Title of Rule: WAC 246-843-070 Scheduling of examinations and reexaminations, 246-843-071 Application, 246-843-072 Examination candidate procedures, 246-843-073 Examination score, 246-873-074 Examination review and appeal, 246-843-080 Application for examination, 246-843-100 Disqualification--Reexamination, 246-843-110 Subjects for examination, 246-843-115 Examination procedures, 246-843-120 Grading examination, 246-843-122 Examination review procedures, 246-843-170 Temporary permits, 246-843-230 Reciprocity, and 246-843-231 Temporary practice permits.
Purpose: Amended and new rules describe required national examination, endorsement requirements and issuance of temporary practice permit.
Statutory Authority for Adoption: Chapters 18.52, 34.05 RCW.
Statute Being Implemented: Chapter 18.52 RCW.
Summary: Remove requirement for two part exam by deleting requirement for Washington state rules and regulations examination, add certification by American College of Health Care Administrator (ACHCA) as exemption from submission of college transcript and passing current national examination, specifically exempt other state licensees who previously passed the national exam from passing the current national examination, consolidate and reorganize for easier reading and comprehension and repeal rule sections replaced by new sections.
Reasons Supporting Proposal: Clarifies existing language, reorganizes sections for easier reading, recognize ACHCA certification.
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: Rules on examination are necessary to prevent unqualified people from obtaining a license to administer a nursing home in Washington. Rule on endorsement is needed to explain the board's implementation of RCW 18.52.130. Rule on temporary permit is needed to explain the board's implementation of RCW 18.130.075.
Proposal Changes the Following Existing Rules: The board eliminated the state law portion of its examination requirement and these changes bring the rules up to date. The rule on endorsement recognizes professional certification and clarifies that a person who has passed the national examination for licensure in another state does not need to take it again for licensure in Washington.
A small business economic impact statement has been prepared under chapter 19.85 RCW.
There is no significant increase or reduction of cost to comply with these rules. The standard industrial code classifications used to determine the threshold for more than minor impact was:
| STANDARD INDUSTRIAL CODE | MINOR COST THRESHOLD |
| Miscellaneous Health | $53.00 |
Opportunity for public involvement and written comment was provided during different stages of the development of the rules. A preproposal [statement] of inquiry, CR-101, was filed with the Code Reviser's Office December 22, 1997, for publication in the Washington State Register. A preliminary public input meeting notice for meetings on April 21 and 23, 1997, was mailed to 700 individuals (interested persons mailing list, active and inactive NHA licensees, candidates for NHA license). Board meeting agendas for meetings at which rules were a topic were mailed to the program's interested persons mailing list (approximately twenty-five individuals and organizations) for meetings on May 22, 1997, August 21, 1997, February 18-19, 1998, May 7-8, 1998, November 6, 1998, February 26, 1999, May 21, 1999, and August 20, 1999.
A copy of the statement may be obtained by writing to Barbara Hayes, P.O. Box 47868, Olympia, WA 98504-7868, phone (360) 236-4921, fax (360) 236-4922.
RCW 34.05.328 applies to this rule adoption. These rules are significant because they amend qualifications or standards for issuance of a license or permit. The agency has conducted the economic impact analysis required.
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-2406.3
AMENDATORY SECTION(Amending Order 141B, filed 3/1/91, effective
4/1/91)
WAC 246-843-070
((Scheduling of)) Examination((s and
reexaminations)).
(1) The board ((shall determine the subjects
of examination of applicants for license as a nursing home
administrator, and the scope, content, form, and character of
such examinations which in any examination shall be the same for
all candidates.
(2) Examination shall be held not less then semiannually and at such times and places as shall be designated by the board.
(3) Following the close of every examination, a permanent record stating in detail the result of the examination for each candidate shall be kept by the board.)) approves subjects of examination for license. The scope, content, form, and character of examination shall be the same for all candidates taking the examination.
(2) The examination consists of the National Association of Boards of Examiners for Long-Term Care Administrators (NAB) national examination.
(3) Subjects for examination may include, but not be limited to: Resident care management, personnel management, financial management, environmental management, and governance and management.
(4) Examinations shall be given at least semiannually at times and places designated by the department.
[Statutory Authority: RCW 18.52.100. 91-06-060 (Order 141B), recodified as § 246-843-070, filed 3/1/91, effective 4/1/91; Order PL 107, § 308-54-070, filed 3/3/71.]
(1) An applicant must pay applicable fees and submit an application for initial credential on forms approved by the secretary. Refer to chapter 246-12 WAC, Part 2.
(2) Applications shall be completed in every respect prior to the examination date.
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(1) Failure to follow written or oral instructions relative to the conduct of an examination, including ending time of the examination, is ground for disqualification from the examination.
(2) Disqualified candidates shall be notified of the reasons for disqualification.
(3) Disqualified candidates may request an adjudicative proceeding. Refer to chapter 246-11 WAC.
(4) Disqualified candidates may submit a new application, provided the candidate meets current requirements.
(5) Candidates who fail an examination may update their application, pay the appropriate fee and retake the examination until obtaining a passing score.
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(1) An applicant for a nursing home administrator license is required to pass the national examination with a passing score established by the National Association of Boards of Examiners for Long-Term Care Administrators (NAB).
(2) The candidate shall be notified about their examination score in writing.
(3) The board and the department shall not disclose the candidate's score to anyone other than the candidate, unless requested to do so in writing by the candidate.
(4) The NAB examination is scored using a criterion-referenced method.
(5) A permanent record of the result of examination for each candidate shall be kept by the board.
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(1) Each individual candidate who does not pass the examination may request informal review of failed examination questions. The request must be in writing and postmarked within thirty days of notification of the examination result. The request must state the reasons the candidate feels the result of the examination should be changed. The board will allow review of failed questions only if the potentially revised score would be a passing score. The board will consider the following to be adequate reasons for review of failed examination questions:
(a) A showing of a significant procedural error in the examination process;
(b) Evidence of bias, prejudice, or discrimination in the examination process; or
(c) Other significant errors which result in substantial disadvantage to the candidate.
(2) In addition to the written request the candidate must contact the department to make an appointment to appear personally to review the failed examination questions.
(a) The candidate's incorrect answers will be available during the review. The candidate must identify the specific questions and state the specific reason why the candidate believes his or her answers are correct on a form provided by the department during the review.
(b) The candidate will be allowed one half the time originally allotted for examination to complete the review.
(c) The candidate may not use any resource materials while completing the review.
(d) The candidate may not remove any notes or materials from the site of the review.
(e) The candidate will be notified in writing of the board's decision on the review documentation.
(3) A candidate who is not satisfied with the board's decision may request a formal hearing. Such request must be postmarked within twenty days of service of the board's decision on the review of the failed examination questions. Refer to chapter 246-11 WAC, Section V.
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(1) The
board((, at its discretion, and otherwise subject to the law
pertaining to the licensing of nursing home administrators
prescribing the qualifications for a nursing home administrator
license)) may endorse a nursing home administrator ((license
issued by the proper authorities of any other)) currently
licensed in another state((, upon payment of the original license
fee and the application fee, and upon submission of evidence
satisfactory to the board:
(1) That such other state maintains a system and standard of qualification and examination for a nursing home administrator license, which are substantially equivalent to those required in this state;
(2) That such applicant for endorsement is examined and successfully passes the test related to Washington state local health and safety nursing home regulations; and
(3) That such applicant has not had a nursing home administrator license revoked or suspended in any state)) if that state requires qualifications substantially equivalent to qualifications required by RCW 18.52.071. To obtain a license by endorsement the applicant must:
(a) Pay applicable application fee;
(b) Submit an application on forms approved by the secretary;
(c) Submit a verification form from all states in which currently or previously licensed that verifies the applicant:
(i) Was or is currently licensed;
(ii) Has not had a nursing home administrator license revoked or suspended; and
(iii) Has passed the national examination;
(d) Submit a certified transcript of baccalaureate or higher degree, mailed to the department directly from the college or university;
(e) Have completed seven clock hours of AIDS education and training. Refer to chapter 246-12 WAC, Part 8.
(2) Applicants who are:
(a) Certified by the American College of Health Care Administrators (ACHCA) may submit verification of ACHCA certification in lieu of college degree transcript.
(b) Currently certified by ACHCA are exempt from taking the current NAB national examination.
(c) Licensed as a nursing home administrator in another state and who have previously passed the national examination are exempt from taking the current NAB national examination.
[Statutory Authority: RCW 43.70.280. 98-05-060, § 246-843-230, filed 2/13/98, effective 3/16/98. Statutory Authority: RCW 18.52.100. 91-24-050 (Order 217B), § 246-843-230, filed 11/27/91, effective 12/28/91; 91-06-060 (Order 141B), recodified as § 246-843-230, filed 3/1/91, effective 4/1/91. Statutory Authority: RCW 18.52.100(14). 87-02-008 (Order PM 633), § 308-54-230, filed 12/29/86; Order PL 107, § 308-54-230, filed 3/3/71.]
(1) A temporary practice permit may be issued for a period up to six months. A temporary practice permit holder is not eligible for a subsequent permit. A temporary practice permit shall be valid only for the specific nursing home for which it is issued and shall terminate upon the permit holder's departure from the nursing home, unless otherwise approved by the board. An applicant shall meet the following criteria:
(a) Submit temporary permit fee and application form approved by the secretary for initial credential;
(b) Submit verification from each state in which currently licensed that applicant is currently licensed and in good standing as a nursing home administrator in that state;
(c) Have a written agreement for consultation with a Washington state licensed nursing home administrator.
(2) Subsection (1)(b) of this section does not apply if the applicant is an administrator of a religious care facility acting under a limited licensed described in RCW 18.52.071.
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The following sections of the Washington Administrative Code are repealed:
| WAC 246-843-080 | Application for examination. |
| WAC 246-843-100 | Disqualification--Reexamination. |
| WAC 246-843-110 | Subjects for examination. |
| WAC 246-843-115 | Examination procedures. |
| WAC 246-843-120 | Grading examinations. |
| WAC 246-843-122 | Examination review procedures. |
| WAC 246-843-170 | Temporary permits. |