Kentucky Statutes 216A.070 – Duties and powers of board
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(1) The board shall:
(a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a long-term care administrator, which standards shall be designed to ensure that long-term care administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards;
(c) Issue licenses to individuals determined, after application of appropriate techniques, to meet established standards;
(d) Establish and carry out procedures designed to ensure that individuals licensed as long-term care administrators will, during any period that they serve as such, comply with the requirements of the standards;
(e) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of the standards; and
(f) Apply commensurate disciplinary action, following a hearing pursuant to KRS Chapter 13B, including permanent license revocation, suspension, or placement of probationary conditions on the licensee, issuance of a fine not to exceed two thousand dollars ($2,000) per violation, or admonishing the licensee.
(2) The board or any committee or member thereof or any hearing officer designated by the board, acting in an official capacity, shall have the authority to conduct administrative hearings in accordance with KRS Chapter 13B concerning all matters within the jurisdiction of the board.
(3) The board shall also have the authority to promulgate administrative regulations necessary for the proper performance of its duties, and to take other actions necessary to enable the state to meet the requirements set forth in Section 1908 of the Social Security Act, the federal rules and regulations promulgated thereunder, and other pertinent federal authority or amendment thereto.
(4) The board may, when emergency conditions warrant, as determined by the board, authorize the issuance of a temporary permit to an individual to practice the art of long-term care administration if it finds the authorization will not endanger the health and safety of the occupants of the licensed long-term care facility. A temporary permit shall be valid for a period determined by the board not to exceed nine (9) months and shall not be renewed. The fee for a temporary permit shall be determined by regulations of the board.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 120, sec. 1, effective July 15, 2020. — Amended
2012 Ky. Acts ch. 129, sec. 7, effective July 12, 2012; and ch. 158, sec. 61, effective
July 12, 2012. — Amended 1996 Ky. Acts ch. 318, sec. 120, effective July 15, 1996. –
– Created 1970 Ky. Acts ch. 276, sec. 7.
(a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a long-term care administrator, which standards shall be designed to ensure that long-term care administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators;
Terms Used In Kentucky Statutes 216A.070
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Federal: refers to the United States. See Kentucky Statutes 446.010
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Long-term care administrator: means any individual responsible for planning, organizing, directing, and controlling the operation of a licensed long-term care facility, or who in fact performs those functions, whether or not those functions are shared by one (1) or more other persons. See Kentucky Statutes 216A.010
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
(b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards;
(c) Issue licenses to individuals determined, after application of appropriate techniques, to meet established standards;
(d) Establish and carry out procedures designed to ensure that individuals licensed as long-term care administrators will, during any period that they serve as such, comply with the requirements of the standards;
(e) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of the standards; and
(f) Apply commensurate disciplinary action, following a hearing pursuant to KRS Chapter 13B, including permanent license revocation, suspension, or placement of probationary conditions on the licensee, issuance of a fine not to exceed two thousand dollars ($2,000) per violation, or admonishing the licensee.
(2) The board or any committee or member thereof or any hearing officer designated by the board, acting in an official capacity, shall have the authority to conduct administrative hearings in accordance with KRS Chapter 13B concerning all matters within the jurisdiction of the board.
(3) The board shall also have the authority to promulgate administrative regulations necessary for the proper performance of its duties, and to take other actions necessary to enable the state to meet the requirements set forth in Section 1908 of the Social Security Act, the federal rules and regulations promulgated thereunder, and other pertinent federal authority or amendment thereto.
(4) The board may, when emergency conditions warrant, as determined by the board, authorize the issuance of a temporary permit to an individual to practice the art of long-term care administration if it finds the authorization will not endanger the health and safety of the occupants of the licensed long-term care facility. A temporary permit shall be valid for a period determined by the board not to exceed nine (9) months and shall not be renewed. The fee for a temporary permit shall be determined by regulations of the board.
Effective: July 15, 2020
History: Amended 2020 Ky. Acts ch. 120, sec. 1, effective July 15, 2020. — Amended
2012 Ky. Acts ch. 129, sec. 7, effective July 12, 2012; and ch. 158, sec. 61, effective
July 12, 2012. — Amended 1996 Ky. Acts ch. 318, sec. 120, effective July 15, 1996. –
– Created 1970 Ky. Acts ch. 276, sec. 7.