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A271, R302, H4550
STATUS INFORMATION
General Bill
Sponsors: Rep. Parks
Document Path: l:\council\bills\agm\18070ab14.docx
Introduced in the House on January 23, 2014
Introduced in the Senate on March 11, 2014
Last Amended on May 28, 2014
Passed by the General Assembly on June 3, 2014
Governor's Action: June 9, 2014, Signed
Summary: Long Term Health Care Administrators
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/23/2014 House Introduced and read first time (House Journal-page 9)
1/23/2014 House Referred to Committee on Medical, Military, Public and
Municipal Affairs (House Journal-page 9)
2/27/2014 House Committee report: Favorable with amendment Medical,
Military, Public and Municipal Affairs
(House Journal-page 47)
3/5/2014 House Amended (House Journal-page 25)
3/5/2014 House Read second time (House Journal-page 25)
3/5/2014 House Roll call Yeas-105 Nays-0 (House Journal-page 27)
3/6/2014 House Read third time and sent to Senate
(House Journal-page 16)
3/11/2014 Senate Introduced and read first time (Senate Journal-page 10)
3/11/2014 Senate Referred to Committee on Medical Affairs
(Senate Journal-page 10)
5/20/2014 Senate Committee report: Favorable Medical Affairs
(Senate Journal-page 13)
5/21/2014 Senate Read second time (Senate Journal-page 46)
5/21/2014 Senate Roll call Ayes-37 Nays-5 (Senate Journal-page 46)
5/28/2014 Senate Amended (Senate Journal-page 38)
5/28/2014 Senate Roll call Ayes-42 Nays-1 (Senate Journal-page 38)
5/28/2014 Senate Read third time and returned to House with amendments
(Senate Journal-page 38)
6/3/2014 House Concurred in Senate amendment and enrolled
(House Journal-page 84)
6/3/2014 House Roll call Yeas-103 Nays-0 (House Journal-page 84)
6/5/2014 Ratified R 302
6/9/2014 Signed By Governor
6/13/2014 Effective date 06/09/14
6/26/2014 Act No. 271
View the latest legislative information at the website
VERSIONS OF THIS BILL
1/23/2014
2/27/2014
3/5/2014
5/20/2014
5/28/2014
(A271, R302, H4550)
AN ACT TO AMEND SECTION 40-35-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS CONCERNING LONG-TERM HEALTH CARE ADMINISTRATORS, SO AS TO REVISE AND ADD NECESSARY DEFINITIONS; TO AMEND SECTION 40-35-40, RELATING TO THE LICENSURE OF LONG-TERM HEALTH CARE ADMINISTRATORS, SO AS TO REVISE LICENSURE CRITERIA; AND TO AMEND SECTION 40-35-200, AS AMENDED, RELATING TO THE PROHIBITION AGAINST A PERSON ACTING OR SERVING IN THE CAPACITY OF A NURSING HOME ADMINISTRATOR OR RESIDENTIAL CARE FACILITY ADMINISTRATOR WITHOUT A LICENSE, SO AS TO MAKE A CONFORMING CHANGE.
Be it enacted by the General Assembly of the State of South Carolina:
Definitions
SECTION 1. Section 40-35-20 of the 1976 Code, as last amended by Act 293 of 2004, is further amended to read:
"Section 40-35-20. As used in this chapter:
(1) 'Accredited college or university' means a college or university whose accreditation is recognized by the Council on Higher Education Accreditation and the United States Department of Education.
(2) 'Board' means the South Carolina Board of Long Term Health Care Administrators.
(3) 'Community residential care facility' or 'CRCF' means a facility defined for licensing purposes under law or pursuant to regulations for community residential care facilities by the Department of Health and Environmental Control, whether proprietary or nonprofit.
(4) 'Community residential care facility administrator' or 'CRCFA' means a person who has attained the required education and experience, is otherwise qualified, has been issued a license by the board, and is eligible to administer, manage, supervise, or be in administrative charge of a community residential care facility.
(5) 'Consumer' means a person who is or has been a resident of a nursing home or community residential care facility.
(6) 'Department' means the Department of Labor, Licensing and Regulation.
(7) 'Habilitation center for persons with intellectual disability or persons with related conditions' means a facility which is licensed by the Department of Health and Environmental Control and that serves four or more persons with intellectual disability or persons with related conditions and provides health or rehabilitative services on a regular basis to individuals whose mental and physical conditions require services including room, board, and active treatment for their intellectual disability or related conditions.
(8) 'Nursing home' means an institution or facility defined for licensing purposes under law or pursuant to regulations for nursing homes promulgated by the Department of Health and Environmental Control, whether proprietary or nonprofit including, but not limited to, nursing homes owned or administered by the State or a political subdivision of the State. The term does not include habilitation centers for persons with intellectual disability or persons with related conditions.
(9) 'Nursing home administrator' or 'NHA' means a person who has attained the requisite education and experience, is otherwise qualified, and has been issued a license by the board and is eligible to administer, manage, supervise, or be in administrative charge of a nursing home.
(10) 'Practical experience in nursing home administration' means full-time employment, with a minimum of thirty-six hours each week, under the on-site supervision by a licensed nursing home administrator in a state-licensed nursing home. During the on-site supervision by a licensed NHA, the applicant is responsible and accountable for at least a six-month period in at least two of the following areas:
(a) business and fiscal management;
(b) a direct patient-care service such as nursing, physical therapy, occupational therapy, speech therapy, chaplaincy, social work, or activities; and
(c) a supporting service such as dietary, maintenance, engineering, laundry, environmental services, or pharmacy.
(11) 'Qualified intellectual disability professional' means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified intellectual disability professional, as determined by the Department of Disabilities and Special Needs.
(12) 'Related health care administration' means the administration of a facility that provides direct nursing care on a twenty-four hour basis to persons who require health services because of illness, age, or chronic disability. Administration of a CRCF or an Independent Living Community is not considered related health care administration.
(13) 'Community residential care facility administrator work experience' means on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed CRCFA in a licensed CRCF.
(14) 'Work experience in a health related field other than in a Community Residential Care Facility' means a satisfactory demonstration through the application for licensure that the applicant has sufficient knowledge of and experience with business and fiscal management responsibilities, coordinating patient care, and direct contact in a health care facility as determined by the board.
(15) 'Sponsor' means a person who is financially or legally responsible for an individual currently residing in a nursing home or residential care facility."
Licensure criteria
SECTION 2. Section 40-35-40 of the 1976 Code is amended to read:
"Section 40-35-40. (A) The board shall issue a nursing home administrator license to a person who submits evidence satisfactory to the board that the person:
(1) is at least twenty-one years of age;
(2) has not been convicted of any criminal act that is relevant to the practice of nursing home administration, including financial misconduct or physical violence;
(3) is of reputable and responsible character and is of sound physical and mental health sufficient to perform the duties of a nursing home administrator;
(4)(a) has a baccalaureate degree or higher in health care administration or related health care degree from an accredited college or university and one year of practical experience in nursing home administration or related health care administration;
(b) has a baccalaureate degree other than in health care administration from an accredited college or university and two years of practical experience in nursing home administration or related health care administration;
(c) has a health-related associates degree from an accredited college or university and three years of practical experience in nursing home administration or related health care administration; or
(d) has a combination of education and experience as established by the board in regulation;
(5) has successfully completed the nursing home administrators' examination administered by the board; and
(6) has paid the applicable fees.
(B) The board shall issue a community residential care facility administrator license to a person who submits evidence satisfactory to the board that the person:
(1) is at least twenty-one years of age;
(2) has not been convicted of any criminal act that is relevant to the practice of community residential care facility administration, including financial misconduct or physical violence;
(3) is of reputable and responsible character and is of sound physical and mental health sufficient to perform the duties of a community residential care facility administrator;
(4)(a) has a nonhealth-related associates degree or is a licensed practical nurse with at least one year of on-site work experience of at least three hundred eighty-four hours with supervisory and direct resident care responsibilities under the supervision of a licensed community residential care facility administrator;
(b) has a health-related associates degree with at least nine months of on-site work experience of at least two hundred eighty-eight hours with supervisory and direct resident care responsibilities under the supervision of a licensed CRCFA;
(c) has a baccalaureate degree or higher with at least six months of on-site work experience of at least one hundred ninety-two hours with supervisory and direct resident care responsibilities under the supervision of a licensed CRCFA;
(d) has a combination of education and experience as established by the board in regulation; or
(e) provided, however, a person initially licensed as a community residential care facility administrator before July 1, 2000, must have at least a high school diploma or the equivalent and at least two years of on-site work experience with supervisory and direct resident care responsibilities under the supervision of a licensed community residential care facility administrator;
(5) has successfully completed the community residential care facility administrators' examination administered by the board and has paid the established fees.
(C) The board may establish qualifications in regulation for the issuance of a combined nursing home administrator and community residential care facility administrator license.
(D) An applicant for a nursing home administrator license or a community residential care facility administrator license shall undergo a state fingerprint review to be conducted by the State Law Enforcement Division to determine state criminal history and a federal fingerprint review to be conducted by the Federal Bureau of Investigation to determine other criminal history. In addition to the fingerprint fee, the results of the reviews must be furnished to the board by the applicant before initial licensure.
(E) An applicant for a nursing home administrator license or a community residential care facility administrator license shall provide a current credit report before initial licensure.
(F) An application must be submitted on forms prescribed by the department and developed in consultation with the board."
Unlawful conduct
SECTION 3. Section 40-35-200(B) of the 1976 Code is amended to read:
"(B) It is unlawful for a person to act or serve in the capacity of a nursing home administrator or community residential care facility administrator unless the person is licensed in accordance with this chapter."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Ratified the 5th day of June, 2014.
Approved the 9th day of June, 2014.
This web page was last updated on August 8, 2014 at 9:40 AM