reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTERED PROFESSIONAL LAND SURVEYORS › Section 37.49 - Grandfather requirements for licensure as a professional land surveyor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This section
					 applies to a candidate who received a qualifying academic degree before June
					 30, 1994, or who began obtaining qualifying experience before February 19,
					 1991.
(b) A candidate for licensure
					 as a professional land surveyor under this section shall be of good moral
					 character and achieve passing scores on the NCEES fundamentals of surveying
					 examination and principles and practice of surveying examination. To qualify
					 for the examinations, the candidate shall possess one of the following sets of
					 qualifications prior to submission of the examination application:
(1) Graduation from an undergraduate civil
					 engineering curriculum in the United States accredited by ABET, including a
					 minimum of 10 credit hours of instruction in surveying, and 4 years of
					 progressive experience in land surveying work.
(2) Graduation from an associate's degree
					 program in a curriculum in surveying accredited by ABET and 4 years of
					 progressive experience in land surveying work.
(3) Ten years of progressive experience in
					 land surveying work, including 5 years in responsible charge of primary land
					 surveying functions.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.51 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.52 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.53 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.54 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.55 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.56 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.56a - Definitions

Current through Register Vol. 54, No. 28, July 13, 2024
The following words and terms, when used in this section
						and §§
											37.59 and
						37.60 (relating to use of seal;
						and digital signature and seal), have the following meanings, unless the
						context clearly indicates otherwise:
Digital seal
-An electronic image
						attached to or logically associated with a document and executed or adopted by
						a licensee with the intent to seal the document.
Digital signature
-An electronic sound,
						symbol or process attached to or logically associated with a document and
						executed or adopted by a licensee with the intent to sign the document.
Electronic
-Relating to technology having
						electrical, digital, magnetic, wireless, optical, electromagnetic or similar
						capabilities.
Handwritten signature
-The scripted name
						or legal mark of an individual, written by that individual and executed or
						adopted with the present intention to authenticate a writing in a permanent
						form.
Sole control
-A situation in which only
						the registrant decides when and where the signature and seal are
						applied.
Verification
-Confirmation that a
						signature and seal are actually from the registrant whose name and registration
						number appears on the document.
The provisions of this §
													37.56a added under sections 4(l)
						  and 7 of the Engineer, Land Surveyor and Geologist Registration Law
						  (63
						  P.S. §§
														151(l) and
						  154).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.57 - Registration number

Current through Register Vol. 54, No. 28, July 13, 2024
Upon approval of an application for registration by the
						Board, each registrant will be assigned a unique registration
						number
The provisions of this §
													37.57 amended under sections 4(b)
						  and (l), 4.2, 4.3 and 4.4 of the Engineer, Land Surveyor and Geologist
						  Registration Law (63 P. S. §§
														151(b) and
						  (l),
						  151.2,
						  151.3 and
						  151.4).
This section cited in 49 Pa. Code §
													37.20a (relating to provisional
						  endorsement license).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.58 - Seal

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A registrant
					 shall obtain, at the registrant's own expense, a seal in the design authorized
					 by the Board. The following are Board authorized seals for "Registered
					 Professional Engineer" (Design A), "Registered Professional Land Surveyor"
					 (Design B) and "Registered Professional Geologist" (Design C):
Click
						to view image
(b)
					 The seal shall contain the legend "Registered Professional Engineer,"
					 "Registered Professional Land Surveyor" or "Registered Professional Geologist"
					 and the registrant's name and registration number.
(c) The seal shall be 1 3/4 inch in diameter.
					 The diameter of a pocket seal may be reduced to 1 1/2 inch if the design is in
					 the same relative proportions in subsection (a).
(d) A registrant may use a rubber stamp or
					 computer image which is a facsimile of the seal, if the registrant first
					 obtains a seal in accordance with this section.
This section cited in 49 Pa. Code §
													37.20a (relating to provisional
						  endorsement license).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.59 - Use of seal

Current through Register Vol. 54, No. 28, July 13, 2024
The following rules govern the proper use of a
						registrant's seal:
(1) A registrant
					 may use the registrant's seal and signature only when the work being sealed and
					 signed was prepared by the registrant or under the registrant's complete
					 direction and control.
(2) When a
					 registrant issues final or complete documents to a client for the client's
					 records, or when a registrant submits final or complete documents to public or
					 governmental agencies for final review, the seal and signature of the
					 registrant who prepared or who directed and controlled the preparation of the
					 documents, along with the date of issuance, shall be prominently displayed on
					 the first page of all documents. The seal on the first page of a final or
					 complete document shall be impressed, stamped or digital. Facsimile or digital
					 seals shall appear on all subsequent pages of plans or plats.
(3) When multiple registrants prepare or
					 direct and control the preparation of documents, each registrant's seal and
					 signature shall appear on the first page of the documents, or on the first page
					 of the identifiable portion or section of the documents, which were prepared or
					 directed and controlled by that registrant, if the respective registrants'
					 direction and control can be reasonably segregated.
(4) When a registrant's signature is
					 applied, it shall be applied near or across the seal, but not in a location
					 that obliterates the registration number.
(5) A registrant may not affix or permit a seal and signature to
					 be applied to a document after the expiration of the registrant's licensure
					 status, or for the purpose of aiding or abetting another person to evade or
					 attempt to evade a provision of the act or this chapter.
(6) In the case of a temporary permit issued
					 to an engineering, land surveying or geology registrant of another state, the
					 registrant shall use the seal of the registrant's home state and shall affix
					 his signature and a copy of the temporary permit to work performed in this
					 Commonwealth.
(7) When a
					 registrant seals and signs engineering, surveying or geology documents, one of
					 the following methods must be used:
(i)
					 Physical placement of a seal and a handwritten signature in permanent ink
					 containing the name of the registrant.
(ii) Digital placement of a seal and a handwritten signature in
					 permanent ink containing the name of the registrant.
(iii) Digital placement of a seal and a
					 digital signature containing the name of the
					 registrant.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › REGISTRATION NUMBER AND SEAL › Section 37.60 - Digital signature and seal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Documents that are signed using a digital signature must have an electronic
					 authentication process attached to or logically associated with the electronic
					 document. The digital signature must be:
(1)
					 Unique to the registrant.
(2)
					 Capable of verification.
(3) Under
					 the sole control of the registrant.
(4) Linked to a document in such a manner
					 that the digital signature is invalidated if any data in the document is
					 changed.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › TEMPORARY PERMIT TO PRACTICE ENGINEERING OR SURVEYING › Section 37.61 - Temporary practice

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 professional engineer, professional land surveyor or professional geologist who
					 holds a valid license to practice engineering, land surveying or geology from a
					 licensing board of the state or territory of the person's residence may
					 practice engineering, land surveying or geology in this Commonwealth for a
					 period not to exceed 30 days in the aggregate in a calendar year if the person
					 neither resides nor has a place of business in this Commonwealth and the
					 standards for licensing engineers, land surveyors and geologists in the other
					 state or territory are at least equal to the standards of the
					 Commonwealth.
(b) Applications for
					 temporary permits shall be made on forms provided by the Board.
(c) Applications shall be accompanied by a
					 nonrefundable fee in the amount prescribed by §
											37.17(b)
					 (relating to schedule of fees). Incomplete applications and applications not
					 accompanied by the proper fee will be returned to applicants with a statement
					 of the reason for return.
(d) When
					 the Board, after consideration of an application, is satisfied that the
					 applicant is eligible for a temporary permit to practice engineering, land
					 surveying or geology, the Board will issue to the applicant a temporary permit
					 to practice in this Commonwealth. If an application is rejected, the Board will
					 advise the applicant of the reason for rejection.
The provisions of this §
													37.61 amended under section 5(b)
						  of the Engineer, Land Surveyor and Geologist Registration Law (63 P. S. §
														156); and sections 102 and 219 of the Bureau
						  of Professional and Occupational Affairs Fee Act (63 P. S. §§
														1401-102 and
						  1401-219).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › TEMPORARY PERMIT TO PRACTICE ENGINEERING OR SURVEYING › Section 37.62 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › TEMPORARY PERMIT TO PRACTICE ENGINEERING OR SURVEYING › Section 37.63 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › CERTIFICATE OF APPROVAL OF NAME › Section 37.71 - Form of application

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Applications for certificate of approval of fictitious name or corporate name
					 shall be made on forms provided by the Board prior to submission of articles of
					 incorporation or fictitious name registrations to the Corporation Bureau of the
					 Department of State. The file shall identify the parties with an ownership
					 interest in the business and the licensed and unlicensed professional
					 staff.
(b) Applications shall be
					 accompanied by a nonrefundable fee in the amount prescribed by law. Incomplete
					 applications and applications not accompanied by the proper fee will be
					 returned to applicants with a statement of the reason for return.
(c) The Board will approve the use of a
					 fictitious name or corporate name, if at least one of the persons filing for
					 the use of the name, one of the incorporators of a proposed corporation, or one
					 of the directors of an existing corporation, has been properly registered as a
					 professional engineer or professional land surveyor in this
					 Commonwealth.
(d) Upon approval of
					 an application for certificate of approval of a fictitious name or corporate
					 name, the Board will issue a certificate of approval to the Corporation Bureau
					 of the Department of State. If an application is rejected, the Board will
					 advise the applicant of the reason for rejection.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › CERTIFICATE OF APPROVAL OF NAME › Section 37.72 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › CERTIFICATE OF APPROVAL OF NAME › Section 37.73 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › CERTIFICATE OF APPROVAL OF NAME › Section 37.74 - Reserved

Current through Register Vol. 54, No. 28, July 13, 2024
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › DISCIPLINARY PROCESS AND PROCEDURES › Section 37.82 - Complaints

Current through Register Vol. 54, No. 28, July 13, 2024
An individual, firm or corporation who has reason to
						believe that a professional engineer, professional land surveyor or
						professional geologist has engaged in gross negligence, incompetency or
						misconduct in the practice of engineering, land surveying or geology or has
						violated the act or this chapter, shall report the action to the Complaints
						Office of the Bureau of Professional and Occupational Affairs by telephoning
						the Complaints Office at 1 (800) 822-2113 or by submitting a written complaint
						to the Complaints Officer of the Bureau of Professional and Occupational
						Affairs, Post Office Box 2649, Harrisburg, Pennsylvania 17105-2649, charging
						the professional engineer, professional land surveyor or professional geologist
						with a violation of the act, and specifying the grounds upon which the
						complaint is based.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › DISCIPLINARY PROCESS AND PROCEDURES › Section 37.83 - Hearing examiners

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Powers and duties of hearing examiners
. The hearing examiner
					 appointed by the Board shall have the following powers and duties:
(1) To regulate the course of the hearing,
					 including the scheduling thereof, and the recessing, reconvening and
					 adjournment of the hearing, if at least 20 days notice of the date of the
					 hearing or a continuance thereof is given to the Board counsel, on behalf of
					 the Board.
(2) To administer oaths
					 and affirmations.
(3) To issue
					 subpoenas requiring the attendance and testimony of individuals or the
					 production of pertinent records, documents and papers by persons believed to
					 have information relevant to a matter pending before the hearing
					 examiner.
(4) To rule upon offers
					 of proof and receive evidence.
(5)
					 To hold appropriate conferences before or during hearings.
(6) To hear evidence submitted and arguments
					 of counsel, if any.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › EXCEPTIONS › Section 37.101 - Exceptions to the hearing examiner's decision

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A participant desiring to except to a
					 hearing examiner's decision shall, within 30 days after the service of a copy
					 of the proposed report, file exceptions to the proposed report in a brief,
					 designated as a "Brief On Exceptions." A "Brief Opposing Exceptions" may be
					 filed in response to a Brief On Exceptions within 20 days after service of a
					 copy of the Brief On Exceptions. Further response will not be entertained by
					 the Board.
(b) The content and form
					 of briefs on exceptions shall be in accordance with 1 Pa. Code §
											35.212 (relating to content and
					 form of briefs on exceptions).
(c)
					 Failure to file a brief on exceptions within the time specified in subsection
					 (a) constitutes a waiver of objections to the proposed report. The Board will
					 thereupon commence its review of the proposed report and prepare and issue the
					 final order of the Board, which will either be an order adopting the hearing
					 examiner's proposed report or an adjudication and order of the Board. This
					 subsection supplements 1 Pa. Code §
											35.226 (relating to final
					 orders).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 37 - STATE REGISTRATION BOARD FOR PROFESSIONAL ENGINEERS, LAND SURVEYORS AND GEOLOGISTS › EXCEPTIONS › Section 37.102 - Appeal from the Board decision

Current through Register Vol. 54, No. 28, July 13, 2024
A party aggrieved by the Board's decision may, within 30
						days after the entry of the order, appeal to the Commonwealth Court in
						accordance with the applicable rules of appellate procedure.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.2 - Objectives

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the principal objectives of the
						Board:
(1) To investigate the
					 credentials of an applicant seeking licensure in this Commonwealth as a nursing
					 home administrator.
(2) To provide
					 a fair and uniform method of examining a nursing home administrator to evaluate
					 the administrator's knowledge of the field of nursing home administration and
					 to judge whether the administrator meets other applicable licensure
					 requirements.
(3) To establish a
					 standard of competence for nursing home administration.
(4) To provide an effective organization for
					 the scrutiny and evaluation of a licensed administrator practicing in a nursing
					 home.
(5) To investigate reported
					 misconduct, breaches of ethics or conduct prejudicial to the welfare of the
					 patients, the staff or the nursing home and to take appropriate action when
					 necessary.
(6) To evaluate the
					 standard of nursing home administration.
(7) To evaluate and approve programs of
					 continuing education and programs of study and training for nursing home
					 administrators.
(8) To educate the
					 public to understand that the practice of nursing home administration is a
					 profession which requires special training and experience.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.3 - Powers, duties and functions

Current through Register Vol. 54, No. 28, July 13, 2024
The powers, duties and functions of the Board are as
						follows:
(1) To develop, impose and
					 enforce standards which shall be met by an applicant interested in being
					 licensed as a nursing home administrator.
(2) To develop and apply appropriate
					 techniques such as examinations and investigations to determine whether the
					 individual meets applicable standards.
(3) To issue a license and registration to an
					 individual who meets applicable standards.
(4) To establish and carry out procedures
					 designed to insure that a licensed nursing home administrator complies with
					 applicable standards.
(5) To
					 receive, investigate and take appropriate action with respect to a charge or
					 complaint filed with the Board pertaining to the failure of a nursing home
					 administrator to comply with applicable standards.
(6) To conduct in cooperation with
					 appropriate State, Federal and local agencies having facility approval or
					 licensure responsibility a continuing study of nursing homes and administrators
					 of nursing homes in this Commonwealth with a view to the improvement of the
					 standards imposed for the licensing of administrators, and of procedures and
					 methods for the enforcement of the standards with respect to administrators of
					 nursing homes who have been licensed as such.
(7) To issue subpoenas, compel the attendance
					 of witnesses, administer oaths and take testimony concerning matters within the
					 jurisdiction of the Board.
(8) To
					 make rules and regulations, not inconsistent with law, necessary for the proper
					 performance of its duties, and to take other actions necessary to enable the
					 Commonwealth to meet the requirements in appropriate Federal law, and other
					 pertinent Federal authority.
(9) To
					 revoke or suspend a license or registration for cause and to levy civil
					 penalties of up to $1,000 against a current licensee who violates the act, or
					 against a person who practices nursing home administration without being
					 properly licensed.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.5 - Requirements for admission to licensing examination; examination procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A candidate who
					 seeks admission to the licensing examination shall meet the following
					 requirements. The candidate shall:
(1) Be at
					 least 21 years of age.
(2) Submit
					 evidence of good moral character and suitability as prescribed by the Board in
					 the examination application.
(3)
					 Pay the required fee for examination and licensure.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.6 - Examination applications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Application blank
. An application for examination shall be
					 submitted in a manner prescribed by the Board.
(b)
Filing dates
. Initial
					 applications shall be filed not later than 90 days prior to the date of the
					 examination. Reexaminee applications shall be filed not later than 60 days
					 prior to the date of the examination. Applications shall be accompanied by the
					 required fee.
(c)
Place and
					 time of examinations
. The Board will conduct examinations at least two
					 times each year at times and places the Board will designate.
The provisions of this §
													39.6 amended under section
						  812.1 of The Administrative Code
						  of 1929 (71 P. S. §
														279.3a); and
						  sections 7 and 7.1 of the Nursing Home Administrators License Act
						  (63
						  P. S. §§
														1107 and
						  1107.1).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.7 - Subject matter for examinations

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Every applicant for a license as a nursing home administrator, after meeting
					 the requirements for qualification for examination as set forth in the act,
					 shall successfully pass both a written examination given by professional
					 examination services and a written or oral examination or both based on the
					 rules and regulations which shall include, but need not be limited to, the
					 following subjects:
(1) Applicable standards
					 of environmental health and safety.
(2) Health and safety rules and
					 regulations.
(3) General
					 administration.
(4) Psychology of
					 patient care.
(5) Principles of
					 medical care.
(6) Personal and
					 social care.
(7) Therapeutic and
					 supportive care and services in long-term care.
(8) Departmental organization and
					 management.
(9) Community
					 interrelationships.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.8 - Licensure by endorsement

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Application blanks for licensure by endorsement shall be obtained by writing to
					 the State Board of Examiners of Nursing Home Administrators, Commonwealth of
					 Pennsylvania, Department of State, Post Office Box 2649, Harrisburg,
					 Pennsylvania 17120. The required fee shall accompany the application in the
					 form of a certified check or money order made payable to "Commonwealth of
					 Pennsylvania N.H.A."
(b) Two
					 unmounted, finished passport size photographs, not proofs, 3 inches by 3
					 inches, facial features clear, of applicant shall be submitted with the
					 application.
(c) The Board may
					 issue a license by endorsement upon evidence that:
(1) The other state where the candidate is
					 licensed maintained a system and standard of qualifications and examinations
					 for nursing home administrators which were equivalent to those required in this
					 Commonwealth at the time the other license was issued by the other
					 state.
(2) The other state gives
					 similar recognition and endorsement to nursing home administrator licenses of
					 the Commonwealth.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.9 - Revocation or suspension of licenses

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The license and registration of a person
					 practicing or offering to practice nursing home administration or the license
					 of a provisional nursing home administrator may be revoked or suspended, or the
					 licensee may be reprimanded, censured or otherwise disciplined upon decision
					 and after due hearing by the Board in any of the following cases:
(1) If a licensed nursing home administrator
					 is unfit or incompetent by reason of negligence, habits or other causes.
					 Examples of instances of incompetence by reason of negligence, habits or other
					 causes include, but are not limited to, the following:
(i) Failure to provide personnel sufficient
					 in number and ability to assure safe patient care.
(ii) Failure to assure that nutrition,
					 medications and treatments, including restraints, are in accordance with
					 acceptable medical practice.
(iii)
					 Proof that the licensee uses alcohol, drugs or both, in a manner that these
					 habits interfere with the safe operation of the facility.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.10 - Display of certificates

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Every person licensed as a nursing home administrator shall display the license
					 and certificate of biennial registration, in a conspicuous place in the office
					 or place of business or employment of the licensee.
(b) Every licensed administrator shall carry
					 his current wallet-sized biennial registration card while engaged in the
					 practice of nursing home administration. The current biennial registration card
					 shall be exhibited when requested by an employer in whose employ the licensee
					 practices or intends to practice nursing home administration or an officer or
					 employe of a governmental agency engaged in the administration or enforcement
					 of nursing home laws, and the rules and regulations pertaining
					 thereto.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.11 - Biennial renewal

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Licenses are renewable each biennium, in the even-numbered years.
(b) Notice of the availability of the renewal
					 process will be forwarded to each active licensee at the licensee's address of
					 record or current e-mail address on file with the Board, or both, prior to the
					 expiration of the current biennial period.
(c) As a condition of biennial renewal,
					 licensees shall complete a minimum of 48 clock hours of continuing education
					 during the preceding biennial period as required in §
											39.61 (relating to
					 requirements).
(d) Renewal
					 applications shall be completed in a format and manner required by the Board
					 and accompanied by the required renewal fee in §
											39.72 (relating to fees). Upon
					 Board acceptance of the biennial renewal application, the license will be
					 renewed and the applicant will receive a certificate of registration for the
					 current renewal period.
(e)
					 [Reserved].
The provisions of this §
													39.11 amended under sections
						  4(a)(9) and (c) and 9(b) and (e) of the Nursing Home Administrators License Act
						  (63
						  P.S. §§
														1104(a)(9) and
						  (c) and
						  1109(b) and
						  (e)).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.11a - Reactivation

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A nursing home
					 administrator who desires to reactivate a license that has been expired or
					 inactive shall file an application for reactivation in a format and manner
					 required by the Board and shall provide all of the following:
(1) A late fee as required by section 225 of
					 the Bureau of Professional and Occupational Affairs Fee Act (63 P.S. §
													1401-225) or a verification of nonpractice,
					 as applicable.
(2) The renewal fee
					 in § 39.72 (relating to fees).
(3) Documentation evidencing the satisfactory
					 completion of the continuing education requirement for the preceding biennial
					 period.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.11b - Continued competence

Current through Register Vol. 54, No. 28, July 13, 2024
A nursing home administrator applying to reactivate a
						license that has been expired or inactive for 5 years or longer shall
						demonstrate continued competence by doing one of the following:
(1) Passing the licensure examinations
					 approved by the Board.
(2)
					 Successfully recompleting 120 clock hours in a program of study approved by the
					 Board as prescribed in §
											39.14 (relating to approval of
					 programs of study).
(3) Providing
					 written documentation to the Board evidencing that the licensee has practiced
					 nursing home administration in another jurisdiction for at least 2 years within
					 the last 5 years under a current license in that jurisdiction. The licensee may
					 be required to appear personally before the Board to demonstrate that
					 practice.
(4) Providing written
					 documentation to the Board that the licensee has been employed in a nursing
					 home in a supervisory or consultant capacity for at least 3 years within the
					 last 5 years. The licensee may be required to appear personally before the
					 Board to demonstrate that practice.
(5) Providing written documentation to the
					 Board that the licensee has been teaching long-term care subject matter for a
					 continuing educational provider approved by the Board to offer the 120-hour
					 program or an accredited college or university for at least 3 years within the
					 last 5 years. The licensee may be required to appear personally before the
					 Board to discuss the scope of the education provided during the time the
					 license has been expired or inactive.
The provisions of this §
													39.11b added under sections
						  4(a)(9) and (c) and 9(b) and (e) of the Nursing Home Administrators License Act
						  (63
						  P.S. §§
														1104(a)(9) and
						  (c) and
						  1109(b) and
						  (e)).
This section cited in 49 Pa. Code §
													39.11a (relating to
						  reactivation).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.12 - Duplicate licenses

Current through Register Vol. 54, No. 28, July 13, 2024
Upon receipt of satisfactory evidence that a license or
						certificate of registration has been lost, mutilated or destroyed, the Board
						may issue a duplicate license or certificate upon the conditions as the Board
						may prescribe, and upon payment of the required fee.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.13 - Registration of institutions and courses of study

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A course of study offered by an
					 educational institution, association, professional society or organization for
					 the purpose of qualifying applicants for licensure as nursing home
					 administrators and for registration of licenses shall first be registered and
					 approved by the Board.
(b) An
					 application for registration and approval of a course of study shall be
					 submitted to the Board, on forms provided therefor by the Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.14 - Approval of programs of study

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 A program of study designated to educate and qualify an applicant for licensure
					 as a nursing home administrator offered by an accredited university or college
					 shall be deemed acceptable and approved for the purpose, if the program:
(1) Is registered with the Board.
(2) Includes a minimum of 71/2 clock hours in
					 the following subject areas, appropriate to long-term care:
(i) Administration, organization and
					 management.
(ii) Gerontology,
					 diseases of aging, death and dying.
(iii) The role of government in health policy
					 and regulation.
(iv) Fiscal
					 management, budgeting and accounting.
(v) Personnel management and labor
					 relations.
(vi) Government and
					 third-party reimbursement.
(vii)
					 Preparing for licensure/certification/accreditation surveys and meeting other
					 regulatory requirements.
(viii)
					 Understanding regulations, deficiencies, plans of correction and quality
					 assurance.
(ix) The nursing
					 department and resident care management.
(x) Rehabilitation services and special care
					 services.
(xi) Health support
					 services: pharmacy, medical records and diagnostic services.
(xii) Facility support services:
					 building/grounds, housekeeping, laundry and central supply.
(xiii) Dietary department and resident
					 nutrition.
(xiv) Social services,
					 family and community relationships and resident rights.
(xv) Risk management, safety and
					 insurance.
(xvi) Strategic
					 planning, marketing and public relations.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.15 - Certification of program of study by the Board

Current through Register Vol. 54, No. 28, July 13, 2024
The following are the requirements for Federal financial
						participation as provided under
						42 U.S.C.A. §
												1396g:
(1)
											42 U.S.C.A. §
												1396g(e)(1) and (2) provides
					 Federal matching funds not to exceed 75% of the cost of training and
					 instruction by qualified sponsor organizations that are designed to enable all
					 individuals to whom a provisional license has been granted to attain necessary
					 qualifications to meet the standards of licensing.
(2) Qualified sponsors desirous of
					 participating in the use of the funds, shall first apply to the Board for
					 registration and approval of the program as a condition precedent to
					 certification for Federal financial participation by the single Commonwealth
					 agency for 42 U.S.C.A.
					 §§
												1396a-1396i.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.17 - Policy statement regarding temporary permits

Current through Register Vol. 54, No. 28, July 13, 2024
The Board will not issue temporary permits to applicants
						who wish to fill positions that have been vacated for reasons such as
						promotions and transfers. The Board will not extend or reissue temporary
						permits to applicants who fail to pass the Nursing Home Administrators
						Licensing Examination.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › GENERAL › Section 39.18 - Subordinate supervision-statement of policy

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Background and purpose.
Section 39.5 (relating to requirements for
					 admission to licensing examination; examination procedures) requires applicants
					 to acquire experience in the practice of nursing home administration under the
					 supervision of a full-time nursing home administrator. Frequently, the Board is
					 asked to recognize an applicant's experience acquired under the supervision of
					 a nursing home administrator who is a subordinate of the applicant.
(b)
Guidelines.
(1) The Board does not view supervision by an
					 applicant's subordinate as acceptable supervisory experience. The Board
					 believes that supervisors need to have the ability to oversee and direct the
					 applicant during the period of qualified work experience, including the ability
					 to transfer, suspend, assign or discharge individuals under their supervision.
					 The Board believes that in most circumstances subordinates, because of the
					 supervisor-subordinate relationship, do not possess the requisite degree of
					 oversight over their supervisor to comply with § 39.5.
(2) The Board recognizes that there may be
					 rare circumstances in which an apparent supervisor-subordinate relationship
					 exists, but the subordinate in fact has the ability to exercise the requisite
					 oversight and direction of the applicant's work experience. In those instances,
					 the applicant would have the burden of proving the supervisory relationship,
					 and the applicant will be given the opportunity to prove to the Board's
					 satisfaction that the subordinate in fact possessed the requisite degree of
					 oversight to comply with the regulation.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › RULES OF PROCEDURE › Section 39.21 - Applicability of general rules

Current through Register Vol. 54, No. 28, July 13, 2024
Under 1 Pa. Code §
											31.1 (relating to scope of part),
						1 Pa. Code Part II (relating to general rules of administrative practice and
						procedure), is applicable to the activities of and proceedings before the
						Board.
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › APPROVAL PROCESS-PROVIDERS › Section 39.41 - Provider registration

Current through Register Vol. 54, No. 28, July 13, 2024
Anyone, to include colleges, universities, associations,
						professional societies and organizations, seeking to offer a program for
						continuing education shall:
(1) Apply
					 for approval as a provider on forms provided by the Board.
(2) File the application at least 60 days
					 prior to the first scheduled date of the program.
(3) Register biennially outlining major
					 changes in the information previously submitted.
The provisions of this §
													39.41 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and sections 4 and 9 of the Nursing
						  Home Administrators License Act (63 P. S. §§
														1104(c) and
						  1109).
This section cited in 49 Pa. Code §
													39.51 (relating to standards for
						  continuing education programs); and 49 Pa. Code §
													39.53 (relating to revocation or
						  suspension of approval).
Pennsylvania Code › Title 49 - PROFESSIONAL AND VOCATIONAL STANDARDS › Part I - DEPARTMENT OF STATE › Subpart A - PROFESSIONAL AND OCCUPATIONAL AFFAIRS › Chapter 39 - STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › APPROVAL PROCESS-PROVIDERS › Section 39.43 - Standards for provider approval

Current through Register Vol. 54, No. 28, July 13, 2024
Prospective providers shall document the following on
						their applications:
(1) The mechanism
					 measuring the quality of the program being offered.
(2) The criteria for selecting and evaluating
					 faculty instructors, subject matter and instructional materials.
(3) The criteria for evaluating each program
					 to determine its effectiveness.
(4)
					 A clear statement of educational objectives.
(5) The subjects in which proposed programs
					 will be offered.
The provisions of this §
													39.43 issued under section 506 of
						  The Administrative Code of 1929 (71 P. S. §
														186); and sections 4 and 9 of the Nursing
						  Home Administrators License Act (63 P. S. §§
														1104(c) and
						  1109).
This section cited in 49 Pa. Code §
													39.53 (relating to revocation or
						  suspension of approval).