West Virginia Code of State Rules › Agency 21 - Nursing Home Administrators Licensing Board › Title 21 - LEGISLATIVE RULE WEST VIRGINIA NURSING HOME ADMINISTRATORS LICENSING BOARD › Series 21-01 - Nursing Home Administrators › Section 21-1-2 - Definitions

Current through Register Vol. XLI, No. 28, July 12, 2024
Whenever used in this rule, unless the context or subject
				  matter requires a different meaning, the following terms have their respective
				  meanings:
2.1. "Active Duty" means
				individuals who are employed full time in the armed forces of the United States
				and deployed outside of this state. Individuals will continue to be considered
				on active duty for the purposes of this rule for six months after discharge
				from active duty.
2.2. "AIT" refers
				to an Administrator-In-Training.
2.3. "Applicant" means any person making
				application for an original or renewal license or a temporary or emergency
				permit under the provisions of this article.
2.4. "Board" means the West Virginia Nursing
				Home Administrators Licensing Board as created in W. Va. Code §
									30-25-4.
2.5. "Code of Ethics" means the code of
				ethics developed by the American College of Health Care Administrators (ACHCA),
				Alexandria, Virginia (2014).
2.6.
				"Emeritus Status" means a retired nursing home administrator duly recognized by
				the Board to have at least twenty 20 years of practice, with the last ten 10
				years of practice being consecutive years in West Virginia.
2.7. "Examination" means the national test
				and the state test that applicants are required to pass, unless specified
				otherwise.
2.8. "Fiscal management"
				means budgeting, census development, reimbursement, and financial
				projections.
2.9. "Initial
				licensure fee" means the licensure fee or fees than an applicant must normally
				pay to obtain a nursing home administrator license, if the applicant is being
				licensed as a nursing home administrator in West Virginia for the first
				time.
2.10. "Inpatient health care
				facility" means a licensed nursing facility, an assisted living facility,
				licensed residential care community, a personal care facility, an inpatient
				hospice, or a hospital or a nursing facility that is a distinct part of a
				hospital or other like facility providing 24-hour nursing and/or rehabilitation
				care.
2.11. "Internship" means a
				practicum or course of study as part of a degree or post degree program
				designed especially for the preparation of candidates for licensure as nursing
				home administrators that involve supervision by an accredited college or
				university of the practical application of previously studied
				curriculum.
2.12. "License" means
				the document issued by the Board as defined in section five of this
				rule.
2.13. "Local labor market"
				means every county in West Virginia and any county outside West Virginia if any
				portion of that county is within fifty miles of the border of West Virginia,
				pursuant to WV Code §
									21-1C-2.
2.14. "Low Income Individual" means an
				individual in the local labor market as defined in WV Code §
									21-1-2, whose household adjusted
				gross income is below 130 percent of the federal poverty line. This term also
				includes any person enrolled in a state or federal public assistance program
				including, but not limited to the Temporary Assistance for Needy Families
				Program (TANF), Medicaid, or the Supplemental Nutrition Assistance Program
				(SNAP).
2.15. "Management
				experience" means the actual full-time practice of health care facility
				management of an inpatient health care facility as defined above with guidance
				and sharing of responsibility from the administrator and must include
				experience in personnel management, fiscal management, planning and organizing,
				and regulatory compliance.
2.16.
				"Military families" means any person who serves as an active member of the
				armed forces of the United States, the National Guard, or a reserve component
				as described in 38 U. S. C.
				§
										101, honorably discharged veterans of
				those forces, and their spouses. This term also includes surviving spouses of
				deceased service members who have not remarried.
2.17. NPDB refers to the National
				Practitioner Data Bank.
2.18.
				"Nursing home" means
,
for the purpose of the
				Administrator-In-Training program, a nursing a facility licensed by the State
				of WV as a nursing home or a distinct part of a hospital whose beds are denoted
				on the hospital license as a nursing home or skilled nursing
				facility.
2.19. "Nursing Home
				Administrator-In-Training" (AIT) means an individual registered with the Board,
				under section 4.3. of this rule.
2.20. "OHFLAC" refers to the Office of Health
				Facility Licensure and Certification.
2.21. "Personnel management" means experience
				in determining staffing needs, creation of job descriptions, and recruitment of
				new employees, interviewing potential employees, and hiring and termination of
				employees.
2.22. "Planning and
				organizing" includes but is not limited to, for the purpose of management
				experience, experience in short term planning, such as day-to-day operations of
				business-related events and long term planning, goal development, and
				organizing and delegating tasks to appropriate personnel with the end result
				being a coordinated work environment.
2.23. "Practice of nursing home
				administration" means any service requiring nursing home administration,
				education, training, or experience and applying such to planning, organizing,
				staffing, directing and controlling the total management of a nursing
				home.
2.24. "Professional
				misconduct or unprofessional conduct" means any conduct by a licensed nursing
				home administrator (NHA) or permittee, including, but not limited to, any of
				the following:
2.24.a. Obtaining a license or
				emergency permit by means of fraud, deceit, or intentional
				misrepresentation;
2.24.b. Engaging
				in deceit, fraud, or intentional misrepresentation in the course of providing
				professional services or engaging in professional activities;
2.24.c. Failing to exercise a professional
				regard for the safety, health, and life of the patient;
2.24.d. Discriminating in respect to
				patients, employers, or staff on account of race, religion, color, national
				origin, sex, disability, ancestry, or any other legally protected status
				identified in applicable federal or state law civil rights laws; or
2.24.e. Failing to comply with the Code of
				Ethics.