Legislation
SECTION 2896-B
Rules and regulations; powers and duties
Public Health (PBH) CHAPTER 45, ARTICLE 28-D, TITLE 2
§ 2896-b. Rules and regulations; powers and duties. 1. The board, by a
majority vote, shall adopt and amend rules and regulations, to be
certified by the commissioner prior to filing with the secretary of
state, to effectuate the provisions and purposes of this article,
including but not limited to (a) standards for courses of study for
nursing home administrators and for other instruction and training and
for experience and general character of nursing home administrators, and
(b) standards and procedures for examination, for the issuance,
revocation and suspension of licenses and registrations of nursing home
administrators and for the investigation of written charges and
complaints filed with the board relating thereto.
2. The board may assess a civil penalty against a nursing home
administrator for violation of or failure to comply with any lawful
notice, order or rule or regulation issued or adopted by the board, or
any provision of this article, not exceeding one thousand dollars for
every such violation or failure, which civil penalty may be assessed
after a hearing pursuant to section twenty-eight hundred ninety-seven-a
of this article.
3. The board, or the commissioner at the request of the board, shall
conduct such continuing study and investigation of the quality and
practice of nursing home administration as may be required for the
improvement of the standards imposed and procedures required for the
licensing of nursing home administrators, including the desirability of
instituting a residency or preceptorship program for nursing home
administrators in training.
4. The board, or the commissioner at the request of the board, shall
conduct such study and investigation of higher education in
institutional administration at the baccalaureate and master's degree
levels as is necessary to determine if such be required to assure the
continuing maintenance of professional standards of nursing home
administration in the state. The board shall seek the advice and counsel
of the state department of education in the conduct of such studies.
5. The commissioner may propose rules and regulations and amendments
thereto for consideration by the board to effectuate the purposes of
this article.
6. The board shall also have the authority to take such actions as may
be necessary to enable the state to meet the requirements set forth in
section one thousand nine hundred eight of the social security act, the
federal rules and regulations promulgated thereunder and other pertinent
federal authority.
majority vote, shall adopt and amend rules and regulations, to be
certified by the commissioner prior to filing with the secretary of
state, to effectuate the provisions and purposes of this article,
including but not limited to (a) standards for courses of study for
nursing home administrators and for other instruction and training and
for experience and general character of nursing home administrators, and
(b) standards and procedures for examination, for the issuance,
revocation and suspension of licenses and registrations of nursing home
administrators and for the investigation of written charges and
complaints filed with the board relating thereto.
2. The board may assess a civil penalty against a nursing home
administrator for violation of or failure to comply with any lawful
notice, order or rule or regulation issued or adopted by the board, or
any provision of this article, not exceeding one thousand dollars for
every such violation or failure, which civil penalty may be assessed
after a hearing pursuant to section twenty-eight hundred ninety-seven-a
of this article.
3. The board, or the commissioner at the request of the board, shall
conduct such continuing study and investigation of the quality and
practice of nursing home administration as may be required for the
improvement of the standards imposed and procedures required for the
licensing of nursing home administrators, including the desirability of
instituting a residency or preceptorship program for nursing home
administrators in training.
4. The board, or the commissioner at the request of the board, shall
conduct such study and investigation of higher education in
institutional administration at the baccalaureate and master's degree
levels as is necessary to determine if such be required to assure the
continuing maintenance of professional standards of nursing home
administration in the state. The board shall seek the advice and counsel
of the state department of education in the conduct of such studies.
5. The commissioner may propose rules and regulations and amendments
thereto for consideration by the board to effectuate the purposes of
this article.
6. The board shall also have the authority to take such actions as may
be necessary to enable the state to meet the requirements set forth in
section one thousand nine hundred eight of the social security act, the
federal rules and regulations promulgated thereunder and other pertinent
federal authority.