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Bill Number: 261 Ratification Number: 245 Act Number 172 Introducing Body: Senate Subject: State Board of Examiners for Nursing Home Administrators
(A172, R245, S261)
AN ACT TO AMEND SECTION 40-35-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS FOR PURPOSES OF THE STATE BOARD OF EXAMINERS FOR NURSING HOME ADMINISTRATORS, SO AS TO REDEFINE TERMS AND ADD ADDITIONAL DEFINITIONS; TO AMEND SECTION 40-35-30, RELATING TO THE LICENSING AUTHORITY OF THE BOARD, SO AS TO DELETE PROVISIONS RELATING TO EMERGENCY LICENSES, THE REQUIREMENT FOR LICENSES, AND THE PENALTY FOR VIOLATIONS; TO AMEND SECTION 40-35-140, RELATING TO THE LICENSING OF NURSING HOME OPERATORS, SO AS TO PROVIDE FOR THE LICENSING OF OPERATORS OF INTERMEDIATE CARE FACILITIES FOR THE MENTALLY RETARDED; AND TO AMEND THE 1976 CODE BY ADDING SECTIONS 40-35-31 AND 40-35-32 SO AS TO PROVIDE FOR EMERGENCY LICENSING OF A NURSING HOME ADMINISTRATOR AND TO REQUIRE NURSING HOMES TO OPERATE UNDER THE SUPERVISION OF A LICENSED ADMINISTRATOR.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 40-35-10 of the 1976 Code is amended to read:
"Section 40-35-10. For the purposes of this chapter:
(1) 'Board' means the State Board of Examiners for Nursing Home Administrators.
(2) 'Nursing home administrator' means a person who has completed the requisite education and experience, is otherwise qualified, and has been issued a license by the Board and is thereby eligible to administer, manage, supervise, or be in administrative charge of a nursing home.
(3) 'Nursing home' means any 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 political subdivisions thereof. The definition does not include intermediate care facilities for the mentally retarded.
(4) 'Intermediate care facility for the mentally retarded' means a facility that is so certified by the South Carolina Department of Health and Environmental Control.
(5) 'Qualified mental retardation professional' means a person who, by training and experience, meets the requirements of applicable federal law and regulations for a qualified mental retardation professional, as determined by the South Carolina Department of Mental Retardation."
SECTION 2. Section 40-35-30 of the 1976 Code is amended to read:
"Section 40-35-30. The Board may issue licenses to qualified persons as nursing home administrators and shall establish qualification criteria. No license may be issued to any person unless he submits evidence satisfactory to the Board that he:
(1) is at least eighteen years of age;
(2) is of reputable and responsible character;
(3) is of sound physical and mental health;
(4) has successfully completed a course of study for and been awarded a baccalaureate degree in nursing home administration or related health care administration from an accredited college or university and has, in addition, completed one year of practical experience in nursing home administration or related health care administration or has successfully completed a nonhealth care related baccalaureate degree from an accredited college or university and has, in addition, completed two years of practical experience in nursing home administration or related health care administration or has completed a combination of education and experience acceptable under rules promulgated by the Board;
(5) has successfully completed the examination and paid the established fees."
SECTION 3. Section 40-35-140 of the 1976 Code is amended to read:
"Section 40-35-140. No nursing home may be operated or licensed to operate after July 1, 1970, except under the supervision of an administrator licensed under this chapter. Intermediate care facilities for the mentally retarded funded in whole or in part by the Department of Mental Retardation must be under the supervision of a licensed nursing home administrator or a qualified mental retardation professional who has been determined by the Department to have the requisite training and experience."
SECTION 4. Chapter 35 of Title 40 of the 1976 Code is amended by adding:
"Section 40-35-31. In the event of a bona fide emergency, such as the death or departure of an administrator, or similar event, the Board may issue an emergency license to an applicant who has met the criteria stated in Section 40-35-30, but who has not taken the examination. The holder must take the next regularly scheduled examination. Emergency licenses may not be renewed or transferred to another person.
Section 40-35-32. No nursing home within the State may operate except under the supervision of an administrator licensed in accordance with this chapter."
SECTION 5. This act takes effect upon approval by the Governor.