Bill Summary for S 488 (2013-2014)

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Summary date: 

Mar 27 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 488 (Public) Filed Wednesday, March 27, 2013
Intro. by Tucker.

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Bill summary

Amends various sections of the Nursing Home Administrator Act (Article 20 of GS Chapter 90) related to qualifications for licensure, fees, Board personnel, reciprocity, criminal history record checks of applicants, and adds a new section establishing confidentiality of investigative records, as follows.

Amends GS 90-278(1) by increasing the educational requirement for licensure under subdivision b. from two years of college level study or a combination of education and experience to a baccalaureate degree from an accredited college or university or an associate's degree in nursing with a minimum of 5 years experience as a director of nursing for five of the previous six years prior to licensure application.  Also increases the examination requirement under subdivision e. by requiring passage of both national and state examinations within one year of completing the administrator-in-training program.

Amends GS 90-280 by increasing the maximum amount for fees set by the State Board of Examiners for Nursing Home Administrators for application processing (up to $500), license and renewal (up to $1,000), duplicate license (up to $100), inactive status (up to $200), temporary license (up to $500), Board-administered initial training and continuing education (up to $1,000), certifying an individual continuing education course by another entity (up to $100 per course hour), and certifying a continuing education course provider (up to $4,000).

Amends GS 90-283, clarifying the Board's authority to employ or retain professional personnel, including legal counsel, as well as clerical or other special personnel deemed necessary by the Board.

Amends GS 90-285(3), clarifying that licenses are issued consistent with specified statutory requirements and the Board's rules.

Amends GS 90-287 adding to the reciprocity requirements for licensure in this state that the applicant pass the national and state examinations.

Amends GS 90-288.01 granting the Board discretion in requiring a criminal history record check of an applicant for license renewal (still mandatory for initial and temporary licensure) and deleting the requirement that the Board disclose to an applicant denied initial or renewed licensure information from the criminal record check relevant to the Board's decision.

Adds new GS 90-288.02 making documents related to an investigation, inquiry, or interview conducted by the Board in connection with certification, licensure, or a disciplinary matter not public records under GS Chapter 132.  Notices or statements of charges, notices of hearings, and decisions by the board are a matter of public record, as are all other documents of the Board, but the names and other identifying information of residents who have not consented to public disclosure must be redacted.

Effective when the act becomes law.