DE Board of Examiners of Nursing Home Administrators
Rules, Regulations and Statute Committee Minutes – August 3, 2006
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861 Silver Lake Blvd., Suite 203 / DEPARTMENT OF STATE / Fax: (302) 739-2711
Dover, Delaware19904-2467 / Website:
DIVISION OF PROFESSIONAL REGULATION
PUBLIC MEETING MINUTES:BOARD OF EXAMINERS OF NURSING HOME
ADMINISTRATORS RULES, REGULATIONS AND
STATUTE COMMITTEE
MEETING DATE AND TIME:Thursday, August 3, 2006 at 9:00 a.m.
PLACE:861 Silver Lake Boulevard, Dover, Delaware
Conference Room B, second floor of the CannonBuilding
MINUTES APPROVED:November 14, 2006
MEMBERS PRESENT
Linda Jones, Healthcare Professional Member, Presiding
Jerry Spilecki, Professional Member
DIVISION STAFF/DEPUTY ATTORNEY GENERAL
Chris Spizzirri, Deputy Attorney General
Dana Spruill, Administrative Specialist II
James Collins, Director, Division of Professional Regulation
MEMBERS ABSENT
Alonzo Kieffer, Professional Member, President
CALL TO ORDER
Ms. Jonescalled the meeting to order at 9:14a.m. Ms. Jones chaired the meeting in absence of Mr. Kieffer, Chair of the Committee. Ms. Stanley was formerly the Chair of the Committee.
REVIEW OF MINUTES
The Committee reviewed the minutes of the March 8, 2004meeting. Mr. Spilecki made a motion, seconded by Ms. Jones, to approve the minutes as presented. The motion was unanimously carried.
UNFINISHED BUSINESS
Discussion on Revision to Rules and Regulations
This agenda item was tabled.
Discussion on Revision to Proposed Statute
The Committee discussed the background on the Board’s previously proposed legislation and its previously active Rules and Regulations Committee. The Committee discussed the concerns that have been expressed over the recent years during the legislative process. The Board previously had a bill pending with an amendment and then a drafted additional amendment that was never introduced.
SB 229 and SB 403 now allows the Board to grant a waiver of a past criminal violation if decided after a hearing that it meets certain criteria. The Committee discussed the Adult Abuse Registry and whether it is something that may need to be considered as an addition to the licensure process. Residential facilities have access to the Adult Abuse and the Child Abuse Registries. SB 403 will allow the Board to better follow the Department of Health and Social Services (DHSS) Criminal Background Check Unit Disqualifying Crimes and Convictions/Time Parameters. The Board previously reviewed that listing in creating its list of substantially relevant crimes. However, the Dept. of Health and Social Services list had time constraints placed on it and the Board could not consider the length of time since the violation occurred.
Mr. Collins advised DAG Spizzirri that he would like to work with the Deputy Attorney Generals to learn more about the Adult and Child Abuse Registries because they may need to be considered in the licensing process.
The Committee discussed that the Division of Long Term Care Residents Protection (DLTCRP) sends a letter to a facility that a person is barred from working, has a record that is not on the disqualifying from work list and to further consider/evaluate the person, or that the person has no record. DAG Spizzirri suggested that the Board send applicants to this process before the person applies to the Board and then to have the applicant submit their letter from DLTCRP as part of the application process. Mr. Collins suggested that the language on the Board’s website be connected to the DHSS list of Disqualifying Crimes and Convictions/Time Parameters. Mr. Collins also felt that the Board needed to go to the source of the Adult and Child Abuse Registries and see what could be done to add to the Division’s medical boards.
The Committee discussed the current Acting Administrator application process and timeline and compared it to the Temporary License application process set forth in the previously proposed statute. The proposed statute also had a temporary license provision for when a person had a complaint pending in another jurisdiction and applied for a Delaware license. The Committee decided to remove that provision for a temporary license. Either the person would qualify for a license or would not be able to have the license issued until the matter was resolved.
The Committee discussed that a temporary license application submitted as a result of the facility losing its nursing home administrator due to death or other reason should be submitted to the Board immediately upon the person assuming the position as the temporary nursing
home administrator. The Committee discussed in great detail whether this immediate time period should be designated as “immediately”, “1 day”, or “within 7 days”. It could be submitted by fax, e-mail or other method with the original application and processing fee to be immediately forwarded to the Board office. The Committee felt that the temporary person should provide a copy of their college transcript with an original to be supplied to meet the contingency approval condition. Specific instructions will need to be stated on the Board’s website. The designated Board member for reviewing temporary applications will need to be sent the application upon its receipt for review and approval.
The Committee discussed that if the temporary application is received late the Board could notify the DLTCRP that the facility was not in compliance since the Board does not have jurisdiction over the facility.
The Committee discussed whether section 5211c should be dropped or how it could be enforced. This section barred a nursing home from operating with more than one “temporary” nursing home administrator at a time. The Committee decided the Board should not issue the second temporary license.
The Committee held extensive discussion on whether a person is barred from having another temporary license later in the future.
DAG Spizzirri will prepare a redline version of the proposed statute incorporating the amendments and the changes discussed during this Committee meeting.
Public Comment
There was no public comment.
Next Scheduled Meeting
The next Committeemeeting will be held on Thursday, August 31, 2006 at 1:00p.m. in Conference Room B, second floor of the CannonBuilding, 861 Silver Lake Boulevard, Dover, Delaware.
Adjournment
There being no further business, Mr. Spilecki made a motion, seconded by Ms. Jones, to adjourn the meeting at 12:06p.m. The motion was unanimously carried.
Respectfully submitted,
Dana M. Spruill
Administrative Specialist II