1.1 Minnesota Board of Examiners for Nursing Home ... Rule Draft RD4622 Current Draft_tc… · 3.6 to perform those tasks by NAB in its job analysis of nursing home administrator

1.1 Minnesota Board of Examiners for Nursing Home Administration

1.2 Proposed Permanent Rules Governing Licensing Assisted Living Directors

1.3 6400.5100 DEFINITIONS.

1.4 Subpart 1. Scope. The terms used in this chapter have the meanings given them in

1.5 this part.

1.6 Subp. 2. Accredited. "Accredited" means approved by a regional accrediting

1.7 organization for higher education.

1.8 Subp. 3. Acting administrator. "Acting administrator" means an individual, designated

1.9 by the controlling persons of the employing nursing facility, who has been issued a permit

1.10 by the board under part 6400.6770.

1.11 Subp. 4. Assistant administrator. "Assistant administrator" means an individual who

1.12 reports to the nursing home administrator, assumes charge of the facility in the administrator's

1.13 absence, and has ongoing managerial and supervisory authority over both administrative

1.14 and resident care functions, operations, and staff in a nursing facility.

1.15 Subp. 4a. Assistant director. "Assistant director" means an individual who reports

1.16 to the assisted living director, assumes charge of the facility in the director's absence, and

1.17 has ongoing managerial and supervisory authority over both administrative and resident

1.18 care functions, operations, and staff in an assisted living facility.

1.19 Subp. 4b. Assisted living contract. "Assisted living contract" has the meaning given

1.20 in Minnesota Statutes, section 144G.08, subdivision 5.

1.21 Subp. 4c. Assisted living director. "Assisted living director" has the meaning given


1.23 Subp. 4d. Assisted living director in training or ALDIT. "Assisted living director

1.24 in training" or "ALDIT" means an individual, designated by the controlling persons of the

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REVISOR EM/EE RD462202/04/20

2.1 employing assisted living facility, who has been issued a permit by the board under part

2.2 6400.6770.

2.3 Subp. 4e. Assisted living facility. "Assisted living facility" has the meaning given in

2.4 Minnesota Statutes, section 144G.08, subdivision 7.

2.5 Subp. 4f. Assisted living facility with dementia care. "Assisted living facility with

2.6 dementia care" has the meaning given in Minnesota Statutes, section 144G.08, subdivision

2.7 8.

2.8 Subp. 4g. Assisted living services. "Assisted living services" has the meaning given


2.10 Subp. 5. Board. "Board" means the Minnesota Board of Executives for Long Term

2.11 Services and Supports.

2.12 Subp. 6. CE credit or continuing education credit. "CE credit" or "continuing

2.13 education credit" means a unit of measurement of continuing education activity.

2.14 Subp. 7. Clock hour. "Clock hour" means an instructional session of 60 consecutive

2.15 minutes, excluding breaks, registration, meals, and social activities.

2.16 Subp. 7a. Controlling individual. "Controlling individual" has the meaning given in


2.18 Subp. 7b. Delegation of authority policy. "Delegation of authority policy" means

2.19 the individual facility policy that identifies the director and chain of command in the event

2.20 of the absence of the director, assuring that, at all times, an individual on site has been

2.21 designated as the responsible individual for services and supports.

2.22 Subp. 7c. Director. "Director" means an assisted living director.

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3.1 Subp. 8. Director of nurses. "Director of nurses" means the individual designated by

3.2 a nursing facility to perform duties consistent with the responsibilities of the director of

3.3 nursing services under part 4658.0505, whether in Minnesota or another jurisdiction.

3.4 Subp. 9. Domains of practice. "Domains of practice" means the tasks performed by

3.5 nursing home administrators and the knowledge, skills, and abilities identified as necessary

3.6 to perform those tasks by NAB in its job analysis of nursing home administrator. The NAB

3.7 domains of practice for nursing home administrator are found in the Final Report of the Job

3.8 Analysis of the Practice of Nursing Home Administrators prepared for the National

3.9 Association of Boards of Examiners for Long-Term Care Administrators. This document

3.10 is incorporated by reference. It is available at the State Law Library and on the board's

3.11 website and is subject to change every five years.

3.12 Subp. 9a. [See repealer.]

3.13 Subp. 9b. Facility. "Facility" means an assisted living facility.

3.14 Subp. 9c. Health services executive. "Health services executive" means an individual,

3.15 licensed by the board, who has been validated by the NAB as a health services executive

3.16 and has met the education and practice requirements for the minimum qualifications of an

3.17 assisted living director, nursing home administrator, and home and community-based service

3.18 provider. The health services executive (HSE) meets the Minnesota requirement for the

3.19 Administrator of Record, required for Center of Medicaid and Medicare Services (CMS)

3.20 minimum requirements of participation.

3.21 Subp. 9d. Higher education. "Higher education" means a state university, community

3.22 college, or technical college.

3.23 Subp. 10. License. "License" means a written document issued by the board to indicate

3.24 that the bearer has been found by the board to meet all requirements for practice as a licensed

3.25 nursing home administrator in Minnesota. It includes an original license issued for meeting

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4.1 the requirements of part 6400.6000, a renewal license issued for meeting the requirements

4.2 of part 6400.6700, and a reinstated license issued under part 6400.6750. It does not include

4.3 a permit to serve as an acting administrator.

4.4 Subp. 11. Licensee. "Licensee" means an individual who holds a valid license to

4.5 practice as a nursing home administrator granted by the board under this chapter.

4.6 Subp. 11a. Manager. "Manager" has the meaning given in Minnesota Statutes, section

4.7 144G.08, subdivision 35.

4.8 Subp. 11b. Managerial official. "Managerial official" has the meaning given in


4.10 Subp. 11c. Mentor. "Mentor" means the licensed assisted living director or licensed

4.11 health services executive directing the assisted living director in training's field experience.

4.12 Subp. 12. NAB. "NAB" means the National Association of Boards of Examiners for

4.13 Long-Term Care Administrators, Inc.

4.14 Subp. 13. Nursing facility. "Nursing facility" means a facility licensed as a nursing

4.15 home to provide nursing care to five or more persons under Minnesota Statutes, sections

4.16 144A.02 to 144A.10, by the Minnesota Department of Health or a similar facility licensed

4.17 under similar provisions in another jurisdiction.

4.18 Subp. 14. Nursing home administrator. "Nursing home administrator" means an

4.19 individual who has the responsibilities outlined in part 4658.0060 in a nursing facility in

4.20 Minnesota or another jurisdiction and is licensed by the licensing authority of the jurisdiction

4.21 responsible for the facility.

4.22 Subp. 14a. Ombudsman. "Ombudsman" has the meaning given in Minnesota Statutes,

4.23 section 144G.08, subdivision 46.

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5.1 Subp. 15. Permit. "Permit" means the acting license referred to in Minnesota Statutes,

5.2 section 144A.27, which, for purposes of this chapter, is a temporary authorization issued

5.3 by the board to an individual who meets the qualifications of part 6400.6770.

5.4 Subp. 16. [See repealer.]

5.5 Subp. 16a. Professional degree. "Professional degree" means a degree that prepares

5.6 a person to work in a particular profession often meeting the academic requirements for

5.7 licensure or accreditation.

5.8 Subp. 17. Related individual. "Related individual" means a spouse, natural or adoptive

5.9 parent, stepparent, natural or adoptive grandparent, stepgrandparent, natural or adoptive

5.10 child, sibling, guardian, stepbrother, stepsister, aunt, uncle, niece, nephew, first cousin, or

5.11 spouse of any person named in the above groups even after the marriage ends by death or

5.12 divorce.

5.13 Subp. 17a. Resident. "Resident" means a person living in an assisted living facility

5.14 who has executed an assisted living contract.

5.15 6400.7000 USE OF TITLE.

5.16 Only an individual who is qualified as a licensed assisted living director and who holds

5.17 a valid license under this chapter for the current licensure period may use the title "Licensed

5.18 Assisted Living Director" and the abbreviation "L.A.L.D." after the individual's name.

5.19 6400.7005 LICENSURE REQUIREMENTS.

5.20 Subpart 1. The board shall issue an individual a license to practice as an assisted living

5.21 director in Minnesota upon determining that the individual:

5.22 A. has filed a completed application for licensure under part 6400.7010 before or

5.23 within six months of hire;

5.24 B. meets the requirements specified in Minnesota Statutes, section 144A.20;

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6.1 C. has successfully competed a criminal background check under Minnesota

6.2 Statutes, section 214.075;

6.3 D. has not had an application rejected by the board under part 6400.7010;

6.4 E. has paid the required fees;

6.5 F. meets one of the following education and work experience requirements:

6.6 (1) a high school diploma or equivalent plus two years of work experience

6.7 in the continuum of long-term care, including one year in a management or supervisory

6.8 position;

6.9 (2) an associate's degree plus one year of work experience in the continuum

6.10 of long-term care, including six months in a management or supervisory position; or

6.11 (3) a bachelor's degree plus six months of work experience in a management

6.12 or supervisory experience in the continuum of long-term care;

6.13 G. has knowledge of these rules;

6.14 H. meets one of the following categories for education, experience, and training:

6.15 (1) has successfully:

6.16 (a) completed a core program covering the topics listed in part 6400.7015;

6.17 (b) completed a Minnesota-based program covering the topics listed in

6.18 part 6400.7020;

6.19 (c) completed a director-in-training field experience supervised by a

6.20 licensed assisted living director approved by the board;

6.21 (d) passed the core knowledge examination for assisted living directors

6.22 to test knowledge of subjects pertinent to the domains of practice of assisted living as

6.23 identified in the NAB job analysis for assisted living directors; and

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7.1 (e) passed the state examination to test the knowledge of Minnesota laws

7.2 and rules governing assisted living facility operations in Minnesota;

7.3 (2) is currently licensed as an assisted living director in another jurisdiction,

7.4 is currently licensed as a nursing home administrator in Minnesota or another jurisdiction,

7.5 or has been validated by NAB as a health services executive and meets all requirements

7.6 under part 6400.7045 for qualification for licensure by endorsement; or

7.7 (3) applies for licensure by July 1, 2021; attests that the applicant has read

7.8 the rules and laws governing assisted living facilities; and satisfies one of the following:

7.9 (a) has training that is reasonably related to the domains of practice for

7.10 assisted living as identified in the NAB job analysis for assisted living directors and has a

7.11 higher education degree in nursing, social services, or mental health, or another professional

7.12 degree;

7.13 (b) has at least three years of supervisory, management, or operational

7.14 experience and higher education training reasonably related to the domains of practice for

7.15 assisted living as identified in the NAB job analysis for assisted living directors;

7.16 (c) has completed at least 1,000 hours of an executive-in-training program

7.17 provided by an assisted living director licensed under this subdivision or on or before July

7.18 1, 2021; or

7.19 (d) has managed a housing with services establishment operating under

7.20 assisted living title protection for at least three years.

7.21 Subp. 2. All individuals licensed under subpart 1, item H, subitem (3), must complete,

7.22 within the first year of licensure, a minimum of seven hours of continuing education in

7.23 topics related to assisted living facilities.

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8.1 6400.7010 APPLYING FOR LICENSURE.

8.2 Subpart 1. Application contents. An individual applying for licensure shall do so

8.3 electronically through the board's online services. The information requested shall include

8.4 the applicant's: (1) name; (2) e-mail, home, and work addresses; (3) telephone numbers; (4)

8.5 Social Security number; (5) education and degree information; (6) employment and practice

8.6 history; (7) health care professional licensure and disciplinary history in Minnesota and

8.7 other jurisdictions; (8) evidence of successful completion of a criminal background check

8.8 under Minnesota Statutes, section 214.075; (9) criminal convictions, alcohol and drug use,

8.9 defaulted payments owed to others, including the discharge of debts through bankruptcy

8.10 proceedings; and (10) other issues that may reflect the applicant's ability and fitness to

8.11 practice.

8.12 Subp. 2. Applicant responsibility. An applicant must provide the board with all

8.13 information, documents, and fees necessary to meet licensure requirements.

8.14 Subp. 3. Application expiration. Applications expire 18 months after the date that

8.15 the application form is filed with the board. If the applicant does not fulfill all licensure

8.16 requirements within the 18-month application period, the applicant must resubmit the

8.17 application and another application fee to continue to seek licensure.

8.18 Subp. 4. Examination attempts and score expiration. Examination scores expire

8.19 two years after the date that the examination was taken if the applicant has not become fully

8.20 licensed within that two years.

8.21 Subp. 5. Grounds for rejection. The board shall reject an applicant who does not

8.22 meet the requirements of part 6400.7005 within the 18-month application period. The board

8.23 may reject an applicant who has committed acts in this or any other jurisdiction that would

8.24 be grounds for discipline under part 6400.6900, subpart 1, taking into account the

8.25 considerations in part 6400.6900, subpart 3.

86400.7010


9.1 Subp. 6. Notice of rejection. An applicant for licensure whose application has been

9.2 rejected by the board shall be given written notice of the disqualification, the reasons for

9.3 the disqualification, and the right to a hearing under Minnesota Statutes, chapter 14.

9.4 COURSE REQUIREMENTS

9.5 6400.7015 CORE COURSE REQUIREMENTS.

9.6 Subpart 1. ....... An applicant must complete a course of study, not to exceed 80 hours,

9.7 in core subjects necessary to perform the duties of an assisted living director, and including

9.8 the following requirements.

9.9 Subp. 2. Customer care, services, and supports. An applicant must complete a

9.10 course in customer care, services, and supports covering:

9.11 A. quality systems, including customer satisfaction, problem identification, data

9.12 collection, root cause analysis, and quality management programs;

9.13 B. hospitality, including models for customer engagement and satisfaction;

9.14 C. arrangements with health care and community service providers, including but

9.15 not limited to physicians, hospice, home care, podiatry, and audiology;

9.16 D. addressing complaints and resident and family councils; and

9.17 E. other contemporary customer care and services and supports topics identified

9.18 by current standards of practice.

9.19 Subp. 3. Human resources. An applicant must complete a course in human resources

9.20 covering:

9.21 A. recruitment practices;

9.22 B. screening practices;

9.23 C. hiring principles;

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10.1 D. employee training;

10.2 E. employee retention and satisfaction, including performance management;

10.3 F. policies and procedures;

10.4 G. compliance requirements; and

10.5 H. other contemporary human resource topics identified by current standards of

10.6 practice.

10.7 Subp. 4. Finance. An applicant must complete a course in finance covering:

10.8 A. financial management, including invoicing and managing revenue cycle,

10.9 operating and capital budgeting, budgeting and rate setting, accounting, quality and

10.10 performance assessments related to financial and business operations, and Medicaid and

10.11 other payment sources; and

10.12 B. other contemporary finance topics identified by current standards of practice.

10.13 Subp. 5. Environment. An applicant must complete a course in facilities environment

10.14 covering:

10.15 A. risk management, including risk identification and emergency plans for both

10.16 shelter in place and evacuation;

10.17 B. culinary services, including diets and meals, safety and sanitation;

10.18 C. plant operations, including preventative maintenance, comfort and security

10.19 issues, environmental design, assistive technology, and compliance with OSHA and the

10.20 American with Disabilities Act;

10.21 D. current regulatory requirements on the physical plant;

10.22 E. grounds and contracts management; and

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11.1 F. other contemporary environment topics identified by current standards of

11.2 practice.

11.3 Subp. 6. Management and leadership. An applicant must complete a course in

11.4 management and leadership covering:

11.5 A. leadership styles and theories;

11.6 B. confidentiality under state and federal law, including HIPAA;

11.7 C. marketing, including community connections and legal marketing practices;

11.8 D. management practices, including team building;

11.9 E. culturally sensitive workplaces, services, and practices;

11.10 F. problem solving and ethical decision making; and

11.11 G. other contemporary management and leadership topics identified by current

11.12 standards of practice.

11.13 6400.7020 MINNESOTA COURSE REQUIREMENTS.

11.14 An applicant must complete a course of study, not to exceed 40 hours, in subjects

11.15 necessary to perform the duties of an assisted living director in Minnesota, including the

11.16 following:

11.17 A. person-centered care practices;

11.18 B. vulnerable adult protection under Minnesota Statutes, chapter 626, including

11.19 all reporting requirements;

11.20 C. Minnesota laws and rules governing assisted living, including survey compliance

11.21 and preparedness;

11.22 D. landlord-tenant law, including fair housing and consumer transparency in

11.23 collateral;

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12.1 E. role of the state ombudsman, including coordination and collaboration roles

12.2 of governmental authorities, and resident rights;

12.3 F. elder care rights, including voice of the family, learning objectives, and

12.4 addressing complaints;

12.5 G. practice acts for the Minnesota health-related licensing boards, as defined in

12.6 Minnesota Statutes, section 214.01, subdivision 2;

12.7 H. client and family relationships; and

12.8 I. health and wellness topics, including diets, nutrition, and hydration; basic

12.9 concepts in gerontology and geriatrics; common conditions and diagnoses in an assisted

12.10 living setting; and medication management and preventing diversion; and

12.11 J. other contemporary topics identified by current standards of practice and quality

12.12 improvement practices as compelled by current public safety issues.

12.13 6400.7025 EVIDENCE OF COURSE COMPLETION.

12.14 Subpart 1. Types of evidence. Evidence to verify satisfactory completion of

12.15 requirements in part 6400.7005 must consist of documentation or attestation of the program

12.16 director showing completion of a course of study approved by the board or NAB including

12.17 the domains of practice identified in NAB's job analysis for assisted living directors and

12.18 the topics listed in parts 6400.7015 and 6400.7020. Attestations of course completion by

12.19 the course provider will be completed through online services.

12.20 Subp. 2. Supplementing evidence older than seven years. Evidence presented under

12.21 subpart 1 for completion of academic programs or academic courses taken more than seven

12.22 years prior to the submission of information to the board must be supplemented by either:

12.23 A. evidence that the applicant has been employed within the last seven years that

12.24 required using the knowledge gained in the core course requirements; or

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13.1 B. evidence that the applicant has completed continuing education within the past

13.2 two years to renew and update knowledge gained in any academic course taken more than

13.3 seven years prior to submission.

13.4 Subp. 3. No additional fees required. No fees in excess of fees associated with the

13.5 standard application process may be charged to applicants for review of continuing education

13.6 courses submitted as evidence to meet course requirements.

13.7 6400.7030 ASSISTED LIVING DIRECTOR IN TRAINING; FIELD EXPERIENCE.

13.8 Subpart 1. Field experience requirements and content. An applicant for licensure

13.9 as assisted living director must complete a field experience. It must provide practical learning

13.10 experiences to complement the assisted living director in training's (ALDIT's) ongoing core

13.11 training and work or volunteer experience in assisted living, long-term care, general health

13.12 care, and management. The field experience must follow the NAB Administrator in Training

13.13 guidelines or a similar, preapproved by the board, training program. The field experience

13.14 must be conducted within an assisted living facility or facilities and require the ALDIT's

13.15 attention to activities at the facility or facilities for an average of 20 hours per week. Upon

13.16 mutual agreement of the ALDIT and the director, an assisted living facility may serve as

13.17 the field experience site for a student who is employed by the assisted living facility, provided

13.18 that the ALDIT is relieved of all previous duties during the time of the field experience.

13.19 Subp. 2. Mentor. The field experience must be completed under the direction of a

13.20 mentor who is a currently licensed assisted living director or a currently licensed health

13.21 services executive who has been licensed and practicing for at least two years or was licensed

13.22 on or before July 1, 2021. A mentor may not supervise an ALDIT who is a related individual

13.23 or who resides in the immediate household of the mentor.

13.24 Subp. 3. Duration. Prior to the commencement of the field experience, the ALDIT

13.25 must complete a board-approved self-assessment, which identifies topics where education,

13.26 experience, and training are needed. The ALDIT must share the results of the self-assessment

136400.7030


14.1 with the mentor and allow the mentor to provide input into the self-assessment. The mentor

14.2 will determine the duration of the field experience, with 480 hours recommended but a

14.3 minimum of 320 hours required and a maximum of 1,000 hours allowed, and the focus of

14.4 the field experience based on the topics identified in the self-assessment.

14.5 Subp. 4. Contents/topics for field experience. Regardless of the areas identified in

14.6 the self-assessment, the field experience must include, but need not be limited to, the

14.7 following:

14.8 A. exposure to all areas of operations within the assisted living facility to provide

14.9 the ALDIT knowledge of all functions of the facility;

14.10 B. review of the findings and results of regulatory inspections and responses of

14.11 the assisted living facility;

14.12 C. observation of the integrative and administrative role of the director through

14.13 attendance with the director at meetings with staff, governing bodies, community groups,

14.14 resident councils, and other groups;

14.15 D. observation of the relationships between the facility and community and other

14.16 health care providers and organizations operating in the continuum of health care;

14.17 E. participation in a quality assurance and performance improvement project; and

14.18 F. completion of a major project, study, or research effort designed to improve

14.19 operations at the facility or provide information upon which a major decision facing the

14.20 facility and its management can be made.

14.21 Subp. 5. Completion of self-assessment. At the end of each field experience and as

14.22 part of the licensure process, the ALDIT and the mentor must provide evidence to the board

14.23 of successful recompletion of the board-approved self-assessment and remediation of any

14.24 areas identified as deficient.

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15.1 6400.7040 COURSE PROVIDER REVIEW.

15.2 Subpart 1. Program review and approval. Upon request of a course provider, the

15.3 board shall review course content offered by the course provider, and upon finding conformity

15.4 between the proposed program and the requirements of this chapter, shall approve the course

15.5 provider as offering courses which meet all of the course requirements for licensure.

15.6 Subp. 2. Requesting course review. When submitting a program of study offered by

15.7 a course provider to meet all or some of the course requirements, the course provider shall

15.8 provide the following information in an application package for the board's review:

15.9 A. designation of a program director to coordinate the course provider's program

15.10 or course offerings with the board. The program director shall have authority to accept

15.11 courses of equivalent content to those accepted by the board to fulfill course requirements

15.12 specified in part 6400.7015 from students transferring into the course provider's program

15.13 and from students enrolled in the program who cannot arrange class schedules to permit

15.14 timely completion of the board-approved courses. The program director must report approval

15.15 of courses so substituted to the board for each affected student who makes application for

15.16 licensure to the board;

15.17 B. evidence of the establishment and use of an advisory group of assisted living

15.18 directors and others in the long-term care industry, including the names and experience of

15.19 group members and the frequency of meetings, to review course requirements and practicum

15.20 activities;

15.21 C. a published marketing description of the course of study offered or

15.22 recommended by the provider for those interested in licensure as an assisted living director

15.23 in Minnesota. Nothing in this chapter restricts course providers from designing or

15.24 implementing curricula, or establishing requirements for courses, majors, or other

15.25 designations offered by the institution, more comprehensive than required under this chapter

15.26 for licensure;

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16.1 D. a topic-by-topic review of all course requirements outlined in part 6400.7015;

16.2 E. an outline of each course offered by the course provider to fulfill one or more

16.3 of the licensure course requirements, listing texts and materials used in the course; and

16.4 F. identification of one or more qualified course providers to:

16.5 (1) coordinate administrator-in-training field experiences for students; and

16.6 (2) provide instruction to any director becoming a mentor for the first time,

16.7 regarding objectives for the director-in-training or evidence of use of NAB's mentor training

16.8 modules.

16.9 Subp. 3. Review and approval process. Upon receipt of an application package for

16.10 approval of a course provider's program to meet board course requirements, the board shall

16.11 acknowledge receipt of the request and identify any missing requirements to the program

16.12 director. Upon receipt of all required information, the board shall review all materials

16.13 presented and may request an appearance by one or more representatives of the program at

16.14 a meeting to review all material for conformance to requirements. Board members shall

16.15 base their decision to approve or reject the course provider's program on whether or not the

16.16 application materials presented provide assurance that students completing the program

16.17 will cover the course topics outlined in parts 6400.7015 and 6400.7020 with sufficient depth

16.18 to enable the board to infer student attainment of the knowledge, skills, and abilities to begin

16.19 work as an assisted living director. If the application package and discussion with program

16.20 officials fail to show compliance with parts 6400.7015 and 6400.7020 or to provide sufficient

16.21 evidence to satisfy the board members that they can infer beginning-level competency

16.22 among students completing the proposed course, the board shall notify the program director

16.23 in writing of the deficiencies the course provider must remedy. Once all deficiencies are

16.24 satisfactorily remedied, the board shall grant approval to the course provider in writing and

16.25 include reference to the course provider's offerings in its correspondence with students

16.26 interested in learning where courses approved by the board to meet licensure requirements

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17.1 are available. If the deficiencies are not corrected, the board shall deny approval for the

17.2 course provider's program by written notice to the program director.

17.3 Subp. 4. Annual review. Annually on or before September 1, the program director

17.4 of a course provider with an approved program or courses shall file with the board on forms

17.5 prescribed by the board for that purpose a report indicating the following:

17.6 A. any changes in any of the information presented to satisfy the requirements

17.7 outlined in this part and part 6400.7035 since the initial application or since the updated

17.8 report of the preceding year; and

17.9 B. to the extent available, a schedule of when throughout the year the approved

17.10 courses will be offered by the course provider or the link to the electronic course website.

17.11 Subp. 5. Five-year course provider review.

17.12 A. Every fifth year following the board's initial approval of a course provider's

17.13 program or courses, the program director shall provide a complete review of the course

17.14 provider's program by submitting to the board by September 1 of the fifth year a review

17.15 application package in the same format and incorporating the same information as required

17.16 in subpart 2 for a new program approval application. Where no change has occurred since

17.17 the initial application, the program director may submit a copy of the initially submitted

17.18 information with an updated date and attestation that the information is current.

17.19 B. The board shall review the five-year program review package submitted by

17.20 the course provider and approve or deny continued board approval for the program as

17.21 provided in subpart 3. Where the board finds it necessary to deny continued approval to a

17.22 program or to specific courses, the board shall provide information to the program director

17.23 about ways in which students currently enrolled in the program may obtain supplementary

17.24 or alternative courses to complete the requirements for licensure in view of the revocation

17.25 of approval for courses offered by the course provider. The program director shall provide

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18.1 the information to all students enrolled in the previously approved program or courses and

18.2 shall work with the students to provide a smooth transition to alternative course providers

18.3 offering approved courses.

18.4 C. In addition to the five-year program review, if the board receives information

18.5 that the success rates fall below the national average for candidates from the program who,

18.6 during the annual review period, wrote for the first time the national examination for assisted

18.7 living directors developed by NAB, the board must take one of the actions described in

18.8 subitems (1) to (3):

18.9 (1) if success rates are below the national average for one period, the board

18.10 shall require the program director to identify factors that potentially affect the low success

18.11 rate of the licensure examination. The director shall submit a plan of corrective action by

18.12 a specified date. The plan of action must be on a board-supplied form and include the

18.13 signature of the director and another course provider representative. If during the following

18.14 year the success rate is above the national average, no action by the board is required;

18.15 (2) if the success rates are below the national average for any two consecutive

18.16 periods, the board shall notify the program director of a survey to identify additional factors

18.17 affecting the low success rate and review progress on the plan for corrective action submitted

18.18 the previous year. The survey must include the director, presenters, students, and a course

18.19 presenter representative. The program director shall submit a revised plan of corrective

18.20 action by a specified date. The plan of corrective action must be on a board-supplied form

18.21 and include the signatures of the program director and course provider representative. If

18.22 during the following year the success rate is above the national average, no action is required

18.23 by the board; or

18.24 (3) if success rates are below the normal average for any three consecutive

18.25 periods, the board shall require the program director and another course provider

18.26 representative to meet with a committee of board members and board staff for a survey for

186400.7040


19.1 compliance with all applicable rules and for the implementation of the plan for corrective

19.2 action submitted the previous year. Upon completion of the survey, the board shall take

19.3 action in compliance with subpart 3.

19.4 LICENSES AND PERMITS

19.5 6400.7045 ENDORSEMENT.

19.6 Subpart 1. Assisted living director. The board shall issue a license to an assisted

19.7 living director who has been issued and currently holds a license as an assisted living director

19.8 in another jurisdiction provided that:

19.9 A. the other jurisdiction maintains requirements for assisted living director

19.10 licensure which are substantially equivalent to those required under part 6400.7010 or the

19.11 applicant is currently licensed as an assisted living director and provides the board evidence

19.12 of having successfully completed a professional program in assisted living administration

19.13 endorsed by NAB or the board;

19.14 B. the applicant has successfully completed a course covering the Minnesota

19.15 course requirements in part 6400.7020;

19.16 C. the applicant has passed the Minnesota state examination within the immediate

19.17 past two years;

19.18 D. the applicant is in good standing as an assisted living director in each jurisdiction

19.19 from which the applicant has ever received an assisted living director license; and

19.20 E. the applicant has made application for licensure under part 6400.7010 and has

19.21 paid the applicable fees.

19.22 Subp. 2. Health services executive. The board shall issue a license to a health services

19.23 executive who has been validated by the National Association of Long Term Care

19.24 Administrator Boards as a health services executive and has met the education and practice

196400.7045


20.1 requirements for the minimum qualifications of a nursing home administrator, assisted

20.2 living director, and home and community-based services provider, provided that:

20.3 A. the applicant has passed the Minnesota state examination within the immediate


20.5 B. the applicant is in good standing as an assisted living director in each jurisdiction

20.6 from which the applicant has ever received an assisted living director license; and

20.7 C. the applicant has made application for licensure under part 6400.7010 and paid

20.8 the applicable fees.

20.9 Subp. 3. Nursing home administrator. The board shall issue a license to a licensed

20.10 nursing home administrator if the applicant is currently licensed as a licensed nursing home

20.11 administrator and provides the board evidence of having successfully completed a

20.12 professional program in assisted living administration endorsed by NAB or the board,

20.13 provided that:

20.14 A. the applicant has successfully completed a course covering the Minnesota

20.15 course requirements set forth in part 6400.7020, unless the applicant graduated from a

20.16 Minnesota-approved educational institution;

20.17 B. the applicant has passed the Minnesota state examination within the immediate


20.19 C. the applicant has successfully completed a course covering the Minnesota

20.20 course requirements in part 6400.7020;

20.21 D. the applicant is in good standing as a licensed nursing home administrator

20.22 (LNHA) in each jurisdiction from which the applicant has ever received an LNHA license;

20.23 and

206400.7045


21.1 E. the applicant has made application for licensure under part 6400.7010 and paid

21.2 the applicable fees.

21.3 6400.7050 LICENSEE RESPONSIBILITIES.

21.4 Each licensee shall:

21.5 A. comply with the laws of Minnesota and the rules of the board and other

21.6 Minnesota state agencies regarding licensure as an assisted living director or health services

21.7 executive and operation of an assisted living facility in Minnesota;

21.8 B. provide notice to the board within five working days of any change in e-mail

21.9 address, mailing address, or telephone number pursuant to Minnesota Statutes, section 13.41,

21.10 subdivision 2, paragraph (b);

21.11 C. provide notice to the board within five working days of any change in

21.12 employment as an assisted living director or health services executive for an assisted living

21.13 facility;

21.14 D. provide notice to the board within five working days of the occurrence of any

21.15 formal disciplinary action or the bringing of charges against any license the licensee holds

21.16 as an assisted living director, health services executive, or other health care professional in

21.17 Minnesota or any other jurisdiction;

21.18 E. cooperate with the board by providing data, reports, or information requested

21.19 by the board and complying with requests to attend conferences, meetings, or hearings

21.20 scheduled by the board concerning license renewal or complaint investigations and discipline;

21.21 F. provide, when requested, a defined delegation of authority, in the case of director

21.22 absences, at each facility where the licensed assisted living director serves as director; and

21.23 G. be responsible for the general administration and management of the facility

21.24 and oversee the day-to-day operation of the facility. This includes responsibility for:

216400.7050


22.1 (1) ensuring that services and support are provided to residents in a manner

22.2 that protects their health, safety, and well-being and is consistent with residents' rights,

22.3 including the right to choose to refuse services;

22.4 (2) maintaining compliance with applicable laws and regulations;

22.5 (3) developing and implementing all policies, procedures, and services

22.6 required in Minnesota Statutes, chapter 144G;

22.7 (4) ensuring staff and volunteers comply with residents' rights;

22.8 (5) maintaining buildings and grounds;

22.9 (6) recruiting, hiring, training, and supervising staff; and

22.10 (7) ensuring the development, implementation, and monitoring of an

22.11 individualized, person-centered plan of care for each resident, regardless of the internal or

22.12 contracted service model.

22.13 6400.7055 DISPLAYING LICENSES.

22.14 A licensee actively practicing shall display the board-issued license, not a photocopy,

22.15 in a conspicuous place in the facility that the licensee directs, that is visible to residents and

22.16 visitors.

22.17 6400.7060 DUPLICATE LICENSES.

22.18 Upon receipt of a notarized statement from a licensee that the licensee's license has

22.19 been lost, mutilated, or destroyed, or that the licensee has had a name change, the board

22.20 shall issue a duplicate license. A licensee may also apply for a duplicate license to display

22.21 at each facility where the licensee serves as the assisted living director under this chapter.

22.22 Licensees obtaining duplicate licenses are subject to the applicable fee.

226400.7060


23.1 6400.7065 RENEWING LICENSES.

23.2 Subpart 1. Forms; time for renewal. Every individual who holds a valid license

23.3 issued by the board shall annually apply to the board on or before June 1 for renewal of the

23.4 individual's license and shall report any information pertinent to continued licensure requested

23.5 by the board. The applicant shall submit evidence satisfactory to the board and subject to

23.6 audit under part 6400.7090, subpart 3, that, during the annual period immediately preceding

23.7 the renewal application the licensee has complied with the rules of the board and completed

23.8 continuing education requirements for license renewal.

23.9 Subp. 2. Fees. Upon making an application for license renewal, the licensee shall pay

23.10 the annual fee. If submitting CE credits which include clock hours for workshops, seminars,

23.11 institutes, or home study courses which have not been preapproved by the board, the licensee

23.12 shall also pay a fee for review of clock hours based upon the total number of non-preapproved

23.13 clock hours being submitted for CE credit to meet renewal requirements. If the application

23.14 for renewal has not been received by June 30 of each year, the license shall lapse and the

23.15 holder of a lapsed license shall be subject to the reinstatement procedure and late renewal

23.16 fees.

23.17 Subp. 3. Exemption from renewal. Pursuant to Minnesota Statutes, section 326.56,

23.18 a licensee who is in active military service, as defined in Minnesota Statutes, section 190.05,

23.19 for the armed forces of the United States or is employed outside of the United States in

23.20 employment that is essential to the prosecution of any war or the national defense, according

23.21 to Minnesota Statutes, section 326.56, and whose license was in effect at the time of entry

23.22 into the armed forces or engagement in employment outside the United States, is not obligated

23.23 to renew licensure. The board must be notified in writing by the licensee regarding the

23.24 qualifications for this exemption. The exemption ceases six months after discharge from

23.25 active service or termination of the aforementioned employment. A license renewal notice

23.26 shall be sent to the licensee at the time that a license renewal notice would normally be sent

236400.7065


24.1 to the licensee. The licensee may be requested to reconfirm exempt status. If the licensee

24.2 no longer qualifies for the exemption, the requirements for license renewal must be met.

24.3 6400.7070 LICENSE REINSTATEMENT.

24.4 An assisted living director or health services executive previously licensed in this state

24.5 whose license has lapsed may apply under items A to C for reinstatement of a license within

24.6 five years of the date the individual was last licensed. If an individual's license has been

24.7 revoked or if the individual has not been licensed for five years or more, the license cannot

24.8 be reinstated but the former licensee may apply for relicensure under the requirements in

24.9 part 6400.6000.

24.10 A. If a license has lapsed in Minnesota for less than two years prior to the date of

24.11 the application for reinstatement, the board must reinstate the license if the former licensee

24.12 has not had disciplinary action against a health care professional license in Minnesota or

24.13 another jurisdiction during the time that the Minnesota license was lapsed and the former

24.14 licensee:

24.15 (1) files with the board a completed application for reinstatement;

24.16 (2) provides evidence of having completed the continuing education

24.17 requirements under part 6400.7090, subpart 1, for each of the years the license has lapsed;

24.18 and

24.19 (3) pays the license renewal and late fees for each of the years the license has

24.20 lapsed.

24.21 B. If a license has been lapsed in Minnesota for more than two years but less than

24.22 five years prior to the date of the application for reinstatement and the former licensee has

24.23 been continuously licensed as an assisted living director or health services executive in one

24.24 or more other jurisdictions since the date the license lapsed in Minnesota, the board must

24.25 reinstate the license if the former licensee has not had disciplinary action against a health

246400.7070


25.1 care professional license in Minnesota or another jurisdiction during the time the Minnesota

25.2 license was lapsed and the former licensee:





25.7 lapsed; and

25.8 (4) successfully completes the state examination.

25.9 C. If a license has been lapsed in Minnesota for more than two years but less than

25.10 five years prior to the date of the application for reinstatement and the former licensee has

25.11 not been continuously licensed in one or more jurisdictions since the date the license lapsed

25.12 in Minnesota, the board must reinstate the license if the former licensee has not had

25.13 disciplinary action against a health care professional license in Minnesota or another

25.14 jurisdiction during the time that the Minnesota license was lapsed and the former licensee:





25.19 lapsed;

25.20 (4) successfully completes the state examination; and

25.21 (5) successfully completes the NAB examination.

256400.7070


26.1 6400.7075 VERIFICATION OF MINNESOTA LICENSE.

26.2 Upon request and payment of a fee under this chapter by the licensee, the board shall

26.3 issue a certified statement of the licensee's licensure status and examination scores to another

26.4 jurisdiction.

26.5 6400.7080 ASSISTED LIVING DIRECTOR IN TRAINING PERMITS.

26.6 Subpart 1. Board to issue permits. When the controlling persons of an assisted living

26.7 facility designate an assisted living director in training (ALDIT) under part 6400.7080, the

26.8 designee must secure a permit within 30 days of the designation. To secure a permit, the

26.9 ALDIT must designate on the permit application the board-approved licensed assisted living

26.10 director who is serving as a mentor during the director in training field experience. The

26.11 board shall issue a permit to serve a facility as an assisted living director in training for up

26.12 to one year. A permit to serve as an ALDIT is not renewable beyond the one year for which

26.13 it was issued.

26.14 Subp. 2. Qualifications. An applicant for a permit to serve a facility as an ALDIT

26.15 must furnish satisfactory evidence that the applicant:

26.16 A. has graduated from high school or holds a general education development

26.17 (GED) certificate of equivalent competency;

26.18 B. has experience in the management of an assisted living facility or related facility

26.19 or program or is enrolled with a Minnesota-approved course program within six months of

26.20 hire;

26.21 C. is in good standing in each jurisdiction from which the applicant has ever

26.22 received a health care license;

26.23 D. has successfully completed a criminal background check under Minnesota

26.24 Statutes, section 214.075; and

266400.7080


27.1 E. has established a mentor relationship, including providing information about

27.2 the mode and frequency of communication between the mentor and the assisted living

27.3 director in training.

27.4 Subp. 3. Responsibilities. The assisted living director in training must meet the

27.5 licensee responsibilities set forth in part 6400.7050.

27.6 6400.7085 SHARED DIRECTOR.

27.7 A. With approval of the board, an assisted living facility may share the services

27.8 of a licensed assisted living director or a permitted assisted living director in training. The

27.9 director or director in training must maintain a sufficient on-site presence to effectively

27.10 administer, manage, and supervise each facility.

27.11 B. Within 15 days after assuming the position, the shared director or director in

27.12 training must complete an application to serve as a shared director, on forms provided by

27.13 the board, with sufficient supporting information.

27.14 C. If the proposed shared facilities are five or fewer in number, are all within a

27.15 60-mile radius, and have common management, and the facilities' licenses and the license

27.16 or permit of the proposed director is in good standing, the board will administratively approve

27.17 the shared facility arrangement.

27.18 D. If the proposed shared facilities do not meet the criteria of items A to C of this

27.19 rule, the board will consider the following criteria to determine whether to approve the

27.20 shared arrangement:

27.21 (1) geographic location and distance between facilities;

27.22 (2) whether the facilities share common management or common ownership;

27.23 (3) external or regional administrative and/or clinical support;

27.24 (4) number of facilities to be shared;

276400.7085


28.1 (5) services provided at each facility;

28.2 (6) number of residents at each facility;

28.3 (7) licensed staffing at each facility;

28.4 (8) proposed duration of the shared director arrangement;

28.5 (9) compliance and complaint history;

28.6 (10) written delegation of authority policy;

28.7 (11) communication plan for residents, families, and staff; and

28.8 (12) acknowledgment of ongoing satisfaction of resident contracts at each

28.9 facility.

28.10 E. All applicants for a shared director arrangement must be signed by a legal

28.11 representative of the facility, such as a board chair or an owner.

28.12 F. If the board approves the request to serve as a shared director, the licensee or

28.13 permit holder must:

28.14 (1) establish procedures and delegate authority for on-site operations in the

28.15 director's absence;

28.16 (2) be available to staff at each facility that the licensee or permit holder

28.17 directs;

28.18 (3) post at each facility a board-issued license or permit in a conspicuous

28.19 place within the facility;

28.20 (4) post at each facility the procedure to contact the person in charge on the

28.21 premises in the absence of the director; and

28.22 (5) make communication plans available to residents, families, and staff at

28.23 each facility the licensee or permit holder directs.

286400.7085


29.1 G. If the board does not approve the request to serve as a shared director, written

29.2 notice and a remediation plan will be provided to the director.

29.3 CONTINUING EDUCATION

29.4 6400.7090 CONTINUING EDUCATION REQUIREMENTS.

29.5 Subpart 1. Renewal requirements. At the time of license renewal, each licensee shall

29.6 provide evidence satisfactory to the board that the licensee has completed in the preceding

29.7 two years 30 continuing education credits of acceptable continuing education activities as

29.8 specified in this part and Minnesota Statutes, section 144A.20, subdivision 4, paragraph

29.9 (c). Licensees in their first year of licensure shall have the number of CE credits required

29.10 for license renewal prorated for the number of months they were licensed during the

29.11 preceding year. For purposes of obtaining and presenting CE credits, a year runs from May

29.12 1 to April 30.

29.13 Subp. 2. Evidence of continuing education requirement completion. Licensees

29.14 must maintain proof as described in subpart 1 of having completed the number of CE credits

29.15 claimed at the time of renewal and shall, upon request of the board, make that proof available

29.16 for audit to verify completion of the number and validity of credits claimed. Documentation

29.17 to prove completion of CE credits must be maintained by each licensee for four years from

29.18 the last day of the licensure year in which the credits were earned.

29.19 Subp. 3. Audit. The board shall annually select on a random basis at least five percent

29.20 of the licensees applying for renewal to have their claims of CE credits audited for

29.21 compliance with board requirements. Nothing in this subpart shall prevent the board from

29.22 requiring any individual licensee from providing evidence satisfactory to the board of having

29.23 completed the CE credits required for license renewal.

29.24 Subp. 4. Acceptable content for continuing education activities. Unless otherwise

29.25 specified in part 6400.7091, the content of continuing education activities must relate to

29.26 one or more of the following:

296400.7090


30.1 A. administration of services for persons needing long-term care;

30.2 B. current issues and trends in long-term care and assisted licensure living;

30.3 C. the relationship of long-term care to other aspects of the health care continuum;

30.4 and

30.5 D. responsibilities, tasks, knowledge, skills, and abilities required to perform

30.6 assisted living director functions as outlined in the NAB domains of practice.

30.7 Continuing education required to maintain another professional license, such as a nursing

30.8 home administrator license, nursing license, social worker license, mental health professional

30.9 license, or real estate license, may be used to satisfy this requirement when pre-approved

30.10 by the board and when the continuing education is reasonably related to the domains of

30.11 practice of assisted living as identified in the NAB job analysis for assisted living directors.

30.12 Subp. 5. Unacceptable content for continuing education activities. Subjects for

30.13 continuing education which will not be accepted to meet license renewal requirements

30.14 include but are not limited to general personal development including stress management,

30.15 facility or company orientation, facility or company policies or procedural issues,

30.16 organizational functions such as business meetings and election of officers, and medical

30.17 treatment at a clinical level beyond that required for licensure as an assisted living director.

30.18 Subp. 6. Requirements in specified subjects. The board may, when compelled by

30.19 advancement in scope of practice or emerging long-term services and supports issues, and

30.20 by public written notice to each licensee on or before May 1, require all licensees to attend

30.21 continuing education programs in specified subjects.

30.22 6400.7091 NUMBER OF CE CREDITS FOR ACTIVITIES.

30.23 Acceptable activities to meet continuing education requirements for license renewal

30.24 and the number of continuing education credits that licensees may obtain for each are

30.25 described in items A to K.

306400.7091


31.1 A. A licensee who attends board-approved seminars, webinars, institutes, or

31.2 workshops shall receive CE credit on a clock-hour basis for the actual amount of time spent

31.3 in the seminar rounded to the nearest lower one-quarter hour. To verify clock hours of

31.4 attendance at seminars, institutes, or workshops, a licensee must maintain an attendance

31.5 certificate provided by the sponsoring organization.

31.6 B. A licensee who completes board-approved home study courses, including

31.7 correspondence work, televised courses, and audio or video recordings, shall receive CE

31.8 credit for the number of clock hours reasonably required to complete the home study course

31.9 as determined by the board. To verify completion of the course, the licensee must maintain

31.10 a certificate of course completion from the sponsor which must include evidence of successful

31.11 completion of a test corrected by the sponsor to ascertain attainment of the knowledge

31.12 conveyed in the course.

31.13 C. A licensee who attends seminars, webinars, institutes, or workshops, or

31.14 completes home study courses approved by the NAB/National Continuing Education Review

31.15 Service (NCERS), shall receive CE credit on the basis of clock hours assigned by

31.16 NAB/NCERS. To verify clock hours of attendance at NAB-approved seminars, institutes,

31.17 or workshops, or completion of NAB-approved home study courses, the licensee must

31.18 maintain a certificate provided by the NAB-approved sponsor.

31.19 D. A licensee who attends, in another state, seminars, webinars, institutes, or

31.20 workshops approved by the assisted living director or health services executive licensing

31.21 authority of the other state shall receive CE credit on the basis of the number of clock hours

31.22 attended. To verify clock hours of attendance at seminars, institutes, or workshops approved

31.23 by another state's licensing authority, the licensee must maintain a certificate of attendance

31.24 from the sponsor including verification of the state's licensing authority's approval.

31.25 E. A licensee who completes academic courses applicable to the domains of

31.26 practice taken at an accredited postsecondary institution shall receive nine CE credits per

316400.7091


32.1 quarter credit and 12 CE credits per semester credit. To verify completion of academic

32.2 courses, the licensee must maintain a copy of an academic transcript showing the course

32.3 grade and the date it was awarded.

32.4 F. A licensee who writes an article on a topic related to long-term care that is

32.5 published in a national periodical shall receive two CE credits for an article of 500 to 1,000

32.6 words and one additional credit for each additional 500 words to a maximum of ten CE

32.7 credits per year. To verify publication, the licensee must provide the board with a copy of

32.8 the periodical containing the published article.

32.9 G. A licensee who presents a paper or lecture of at least one hour at a national or

32.10 statewide meeting shall receive two CE credits per one hour of initially presented lectures

32.11 and one CE credit per hour of lectures repeating previously presented material to a maximum

32.12 of ten CE credits per year. To verify the presentation, the licensee must provide the board

32.13 with a copy of the text of the information delivered and a copy of the program for the

32.14 conference or workshop at which the paper or lecture was delivered.

32.15 H. A licensee who delivers a lecture of at least one hour at an academic institution

32.16 or through a course provider shall receive two CE credits per one hour of initially presented

32.17 lectures and one CE credit per hour of lectures repeating previously developed material to

32.18 a maximum of ten CE credits per year. To verify lecture delivery, the licensee shall provide

32.19 the board with corroboration from the participating academic institution.

32.20 I. A licensee who serves as a member of a board, committee, council, or work

32.21 group which includes members from several nursing facilities or organizations and deals

32.22 primarily with issues in assisted living facility operation or long-term care shall receive CE

32.23 credit per membership position held provided the group meets at least quarterly or for at

32.24 least four hours of work in a year to a maximum of six CE credits per year for all membership

32.25 positions combined. Where the licensee verifies that the licensee's participation on a single

32.26 board, committee, council, or work group exceeded the minimum specified for a single CE

326400.7091


33.1 credit by double the amount of hours of attendance, the licensee shall receive two CE credits

33.2 per membership position to a maximum of six CE credits per year for all membership

33.3 positions combined. To verify board, committee, council, or work group participation, the

33.4 licensee must maintain written verification of membership and attendance from an officer

33.5 of the group and must provide the learning objectives of the meeting.

33.6 J. A licensee who serves as a director for an assisted living director in training's

33.7 field experience shall receive two CE credits per month spent serving as director to a

33.8 maximum of 16 CE credits per year. To verify director service, the licensee must maintain

33.9 corroboration of service from the participating course provider. A licensee who attends

33.10 training sessions to prepare directors to oversee field experiences shall receive CE credit

33.11 on the same clock-hour basis as for seminars, institutes, and workshops under item A.

33.12 K. Other continuing education activities not specified in items A to J may be

33.13 approved for up to ten CE credits per year on an individual basis upon submission of

33.14 information to the board concerning the activity in which the licensee has engaged, the

33.15 results of the learning, the number of hours involved, the number of CE credits requested,

33.16 and some means of verifying completion of the activity. The board shall consider the

33.17 information submitted and determine whether to approve the activity and, if so, what number

33.18 of CE credits to award for the activity, and shall notify the requesting licensee of the board's

33.19 determination. In making its determination, the board shall consider whether the activity

33.20 contributed to the advancement and extension of professional skill and knowledge of the

33.21 licensee in matters related to the practice of assisted living facility direction.

33.22 6400.7092 SPONSORING CONTINUING EDUCATION.

33.23 Subpart 1. Applying for individual program approval. Individuals, groups, or

33.24 organizations wishing to sponsor educational seminars, institutes, workshops, or home study

33.25 programs shall submit the following, in writing, to the board to obtain review and approval

336400.7092


34.1 for clock hours of CE credit for licensees to use in meeting continuing education requirements

34.2 for license renewal:

34.3 A. date, time, and location of presentation;

34.4 B. presentation content, showing specific time periods, topics, titles, and speakers

34.5 including their professional qualifications;

34.6 C. number of clock hours requested to approved;

34.7 D. a statement indicating the sponsor's willingness to maintain a means of verifying

34.8 attendance and provide each attendee a certificate of attendance or other appropriate means

34.9 of attesting to the number of clock hours actually attended by each attendee;

34.10 E. for home study programs, evidence of a testing process to measure the

34.11 participant's attainment of knowledge and information provided in study materials; and

34.12 F. a fee based on the number of clock hours requested to be reviewed and approved.

34.13 Subp. 2. Licensee-sponsored programs and courses. A licensed director who attends

34.14 a seminar, institute, or workshop, or participates in a home study course which has not been

34.15 reviewed and approved by the board for a sponsor, may serve as the sponsor of a program

34.16 and obtain review of the program and assignment of clock hours by submitting to the board:

34.17 A. a copy of the seminar program or other document identifying the program

34.18 content and other information required of program sponsors under subpart 1, items A to C;

34.19 and

34.20 B. a fee in the same amount as would be charged to a sponsor under part

34.21 6400.7091, based on the total number of clock hours requested to be reviewed and approved.

34.22 Subp. 3. Review of sponsor requests. The board shall review sponsor requests and

34.23 approve CE credit hours for programs with acceptable content, qualified presenters, and

346400.7092


35.1 acceptable means of verifying attendance or measuring knowledge attainment under subpart

35.2 1 and part 6400.7090, subpart 4, and notify the requesting sponsor of the decision.

35.3 Subp. 4. Designation of registered continuing education sponsors. An organization

35.4 which annually sponsors many educational seminars, institutes, workshops, or home study

35.5 courses may request designation by the board as a registered continuing education sponsor

35.6 on an annual basis beginning May 1 and ending April 30. Registered continuing education

35.7 sponsors may assign CE credit hours to their own program offerings applying the provisions

35.8 of this chapter. The board shall review and approve requests for designation and authority

35.9 as a registered continuing education sponsor provided the requesting agency meets the

35.10 following requirements:

35.11 A. the sponsor is a regionally accredited university or college or division thereof

35.12 or a state or national membership organization in the field of health care;

35.13 B. the sponsor has been a proven sponsor of continuing education programs

35.14 acceptable to the board under subpart 3 for the two years preceding the request to be named

35.15 a registered sponsor;

35.16 C. the sponsor has complied fully with the board's criteria for sponsors of

35.17 continuing education programming;

35.18 D. the sponsor has made application on forms prescribed by the board and paid

35.19 a nonrefundable filing fee of ten percent of the registered continuing education sponsor fee;

35.20 E. the sponsor has signed an agreement to comply with the rules of the board in

35.21 assigning clock hours to continuing education programs, providing certificates of attendance

35.22 to participants, and providing the board with pertinent information concerning sponsored

35.23 programs; and

356400.7092


36.1 F. the sponsor has paid the balance of the registered sponsor fee within 30 days

36.2 of notification by the board of approval of the organization as a registered continuing

36.3 education sponsor.

36.4 Subp. 5. Performance review of registered sponsors. The board shall review

36.5 performance of registered sponsors annually upon the sponsor's request to renew the one-year

36.6 sponsor agreement with the board or more frequently if determined necessary in the judgment

36.7 of the board and may remove registered sponsor status from an organization upon 30 days'

36.8 notice if the sponsor has been found to violate the terms of the agreement with the board.

36.9 Subp. 6. Course program provider waiver. A Minnesota-approved course program

36.10 provider is exempt from the annual fee by validating attendance and recording and merging

36.11 the verified attendance records with the board's online continuing education attendance

36.12 system.

36.13 STANDARDS OF PRACTICE

36.14 6400.7095 STANDARDS OF PRACTICE; ENFORCEMENT.

36.15 Subpart 1. Criteria. The board may impose disciplinary action as described in subpart

36.16 2 against an applicant, the holder of a permit to serve as a director in training, or a licensee,

36.17 when the board determines, by a preponderance of the evidence and after due notice and

36.18 an opportunity to be heard at a contested case hearing, that the applicant, permit holder, or

36.19 licensee:

36.20 A. has been convicted of a felony or gross misdemeanor, including a finding or

36.21 verdict of guilt, whether or not the adjudication of guilt has been withheld or not entered,

36.22 an admission of guilt, or a no contest plea, when the felony or gross misdemeanor is

36.23 reasonably related to the practice of assisted living director, as evidenced by a certified copy

36.24 of the conviction;

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37.1 B. has been convicted of a crime against a minor, including a finding or verdict

37.2 of guilt, whether or not adjudication of guilt has been withheld or not entered, an admission

37.3 of guilt, or a no contest plea;

37.4 C. is not eligible to be employed as an assisted living director under Minnesota

37.5 Statutes, section 144G.08, subdivision 6;

37.6 D. has failed to comply with Minnesota Statutes, section 626.557, the Vulnerable

37.7 Adult Act;

37.8 E. has violated a statute, rule, or order that the board issued or is empowered to

37.9 enforce or that pertains to directing an assisted living facility or to the responsibilities of an

37.10 assisted living director or health services executive;

37.11 F. has discriminated against any resident or employee based on age, race, sex,

37.12 religion, color, creed, national origin, marital status, status with regard to public assistance,

37.13 sexual orientation, or disability;

37.14 G. has committed acts of misconduct substantially related to qualifications,

37.15 functions, or duties of an assisted living director or health services executive and evidenced

37.16 unfitness to perform as an assisted living director or health services executive in a manner

37.17 consistent with protecting resident health, safety, and welfare;

37.18 H. has engaged in fraudulent, deceptive, or dishonest conduct, whether or not the

37.19 conduct relates to the practice of assisted living facility direction, that adversely affects the

37.20 individual's ability or fitness to practice as an assisted living director or health services

37.21 executive;

37.22 I. has engaged in unprofessional conduct or any other conduct with potential for

37.23 causing harm to the public or facility residents including any departure from or failure to

37.24 conform to the minimum standards of acceptable and prevailing practice, as specified in

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38.1 state and federal statutes and rules concerning administration of assisted living facilities,

38.2 without actual injury having to be established;

38.3 J. has failed to exercise true regard for the safety, health, or life of a resident;

38.4 K. has willfully permitted the unauthorized or illegal disclosure of information

38.5 relating to a resident;

38.6 L. has engaged in sexual harassment, made sexual advances toward, or engaged

38.7 in sexual contact with any resident, student, or trainee under the licensee's supervision, or

38.8 engaged in sexual harassment of an employee, consultant, or visitor to the facility in which

38.9 the licensee practices;

38.10 M. has practiced fraud, deceit, cheating, or misrepresentation, or provided

38.11 misleading omission or material misstatement of fact, in securing, procuring, renewing, or

38.12 maintaining a license;

38.13 N. has used the licensee's professional status, title, position, or relationship as an

38.14 assisted living director or licensee to coerce, improperly influence, or obtain money, property,

38.15 or services from, a resident, a resident's family member or visitor, an employee, or any

38.16 person served by or doing business with the assisted living facility that the licensee

38.17 administers or is employed by;

38.18 O. has paid, given, caused to be paid or given, or offered to pay or give to any

38.19 person, a commission or other consideration for solicitation or procurement either directly

38.20 or indirectly for assisted living facility patronage. Nothing in this item shall be construed

38.21 to limit or restrict commercial advertisement;

38.22 P. has knowing aided, advised, or allowed an unlicensed person to engage in the

38.23 unlicensed practice of assisted living facility direction;

38.24 Q. has practiced fraudulent, misleading, or deceptive advertising with respect to

38.25 the facility of which the licensee is director;

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39.1 R. has wrongfully transmitted or surrendered possession of the licensee's license

39.2 to any other person, either temporarily or permanently;

39.3 S. has falsely impersonated another licensee;

39.4 T. has practiced without current licensure;

39.5 U. has made a false statement or knowingly provided false or misleading

39.6 information to the board, failed to submit reports as required by the board, failed to cooperate

39.7 with an investigation of the board, the Office of the Attorney General, or the Minnesota

39.8 Department of Health, or violated an order of the board;

39.9 V. has been the subject of a reprimand, restriction, limitation, condition, revocation,

39.10 suspension, surrender, or other disciplinary action against the person's assisted living director

39.11 license in another jurisdiction or any other health care professional license in Minnesota or

39.12 another jurisdiction;

39.13 W. has failed to report a reprimand, restriction, limitation, condition, revocation,

39.14 suspension, surrender, or other disciplinary action against the person's license in another

39.15 jurisdiction or failed to report the existence of a complaint or other charges against the

39.16 person's license in this or another jurisdiction or has been refused a license as an assisted

39.17 living facility director or health services executive by any other jurisdiction for reasons not

39.18 related strictly to a difference in academic or experience requirements among jurisdictions;

39.19 X. has abused or is dependent on alcohol, a legend drug as defined in Minnesota

39.20 Statutes, chapter 151, a chemical as defined in Minnesota Statutes, chapter 151, or a

39.21 controlled substance as defined in Minnesota Statutes, chapter 152, and this abuse or

39.22 dependency has affected the performance of the licensee's duties; or

39.23 Y. has failed to adequately mentor an assisted living director in training during

39.24 the field experience.

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40.1 Subp. 2. Actions. If grounds for disciplinary action exist under subpart 1, the board

40.2 shall take one or more of the following actions:

40.3 A. refuse to grant a permit;

40.4 B. refuse to grant or renew a license;

40.5 C. revoke a license or permit;

40.6 D. suspend a license or permit;

40.7 E. impose limitations or conditions on a license or permit;

40.8 F. censure or reprimand the licensee or permit holder;

40.9 G. refuse to permit an applicant to take the licensure examination or refuse to

40.10 release an applicant's examination score; or

40.11 H. any other action authorized by statute.

40.12 Subp. 3. Considerations. In determining what action to take under subpart 2, the

40.13 board shall consider:

40.14 A. the responsibility and response of the individual prior to, during, and after the

40.15 occurrence;

40.16 B. extenuating circumstances;

40.17 C. repeated complaints against the individual; and

40.18 D. the severity of or the potential of harm to residents.

40.19 REPEALER. Minnesota Rules, part 6400.5100, subparts 9a and 16, are repealed.

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Documents

1.1 Minnesota Board of Examiners for Nursing Home ... Rule Draft RD4622 Current Draft_tc… · 3.6 to perform those tasks by NAB in its job analysis of nursing home administrator