New York Codes, Rules and Regulations › Title 10 - DEPARTMENT OF HEALTH › Chapter II - Administrative Rules and Regulations › Subchapter P - Licensure And Practice Of Nursing Home Administration › Part 96 - Licensure And Practice Of Nursing Home Administration › Section 96.1 - Definitions

Current through Register Vol. 46, No. 28, July 10, 2024
The following definitions shall apply to this Subchapter
					 unless the context otherwise requires:
(a) Board means the Board of Examiners of
				  Nursing Home Administrators as provided for in article 28-D of the Public
				  Health Law.
(b) Department means
				  the New York State Department of Health.
(c) Commissioner means the Commissioner of
				  Health of the State of New York.
(d) Secretary means the officer or employee
				  of the Department designated by the commissioner to act as secretary to the
				  Board.
(e) Advisory council means
				  the body broadly representative of the health professions and the public
				  established by the commissioner pursuant to subdivision 8 of section 2896-a  of
				  the Public Health Law.
(f) Nursing
				  home administrator means an individual who has fulfilled all of the
				  requirements of and has been duly granted a license by the New York State Board
				  of Examiners of Nursing Home Administrators.
(g) Nursing home means a facility issued an
				  operating certificate as a nursing home pursuant to article 28 of the Public
				  Health Law.
(h) License means
				  certification of an applicant who has met the requirements of the law, rules
				  and regulations entitling him to serve, act, practice and otherwise hold
				  themselves out as a duly licensed nursing home administrator.
(i) Temporary license means a license issued
				  by the Board, under such conditions and limitations as it shall determine, for
				  a single period not to exceed six months to an applicant of good moral
				  character and suitability, over twenty-one years of age, who meets such other
				  standards as are established by the Board, who has paid the application fee as
				  specified in Public Health Law Article 28-D and who is designated by the owner,
				  operator or other governing authority to administer a facility during a period
				  when due to resignation, death or incapacity or for some other reason the
				  position of nursing home administrator has been unexpectedly vacated. Such
				  temporary licensee shall be subject to the supervision of a licensed and
				  currently registered New York State nursing home administrator as determined by
				  the Board. This provision may not be used in conjunction with or to extend the
				  provisions of section
				  415.26(a)  of this
				  title permitting the facility to operate without a licensed and registered
				  administrator for a period greater than six months.
(j) Practice of nursing home administration
				  means planning, organizing, directing, managing the operation and implementing
				  the policies of, a nursing home, including but not limited to making operating
				  decisions, ensuring fiscal responsibility, providing general supervision,
				  employing and discharging staff, programming and ongoing evaluation of the care
				  and services provided in the nursing home to ensure the health and safety of
				  the residents, visitors and staff and, where appropriate, integrating the
				  services of the nursing home with the community's health resources.
(k) Course of study in nursing home
				  administration means a course or courses of study, including completion of a
				  Board approved Administrator-in-Training (AIT) program or Board approved
				  alternative, in institutional administration approved by the Board.
(l) Registration means the biennial
				  registration as required by all licensed nursing home administrators pursuant
				  to the provisions of codes, rules and regulations established by the Board.
				  Only licensed nursing home administrators with a current registration may
				  practice nursing home administration.
(m) Unethical conduct, for the purpose of
				  section 2897  of the
				  Public Health Law, shall include, but not be limited to:
(1) violation of any of the provisions of law
				  pertaining to the licensing and registration of nursing home administrators or
				  the rules and regulations of the Board pertaining thereto;
(2) violation of any of the provisions of law
				  or codes, rules or regulations of the licensing authority or agency of the
				  State having jurisdiction of the operation and licensing of nursing
				  homes;
(3) conviction of a
				  crime;
(4) practicing fraud, deceit
				  or misrepresentation in securing or procuring a nursing home administrator
				  license or registration;
(5)
				  practicing fraud, deceit or misrepresentation in the capacity of a nursing home
				  administrator;
(6) immoral conduct
				  while engaged in the practice of nursing home administration; immoral behavior
				  indicating an unfitness to practice nursing home administration; or immoral
				  conduct permitted by a nursing home administrator in a nursing home under their
				  supervision;
(7) willful
				  falsification, destruction or theft of property or records related to the
				  practice of nursing home administration;
(8) committing acts of misconduct in the
				  operation of a nursing home;
(9)
				  habitual drunkenness;
(10)
				  addiction to the use of narcotic drugs;
(11) wrongfully transferring or surrendering
				  possession, either temporarily or permanently, of a license or certificate as a
				  nursing home administrator to any other person;
(12) being guilty of fraudulent, misleading
				  or deceptive advertising;
(13)
				  falsely impersonating another licensee of a like or different name;
(14) failure to exercise true regard for the
				  safety, health and life of patients/residents;
(15) unauthorized disclosure of information
				  relating to a patient/resident or their records; and
(16) discrimination with respect to
				  patients/residents, employees or staff.