45th legislature - STATE OF NEW MEXICO - first session, 2001
RELATING TO LONG-TERM CARE; CREATING THE LONG-TERM CARE ADMINISTRATORS ACT; AMENDING AND REPEALING SECTIONS OF THE NMSA 1978; CREATING DEFINITIONS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. Section 61-13-1 NMSA 1978 (being Laws 1970, Chapter 61, Section 1) is amended to read:
"61-13-1. SHORT TITLE.--[This act] Chapter 61, Article
13 NMSA 1978 may be cited as the "[Nursing Home] Long-Term
Care Administrators Act"."
Section 2. Section 61-13-2 NMSA 1978 (being Laws 1970, Chapter 61, Section 2, as amended) is amended to read:
"61-13-2. DEFINITIONS.--As used in the [Nursing Home]
Long-Term Care Administrators Act:
A. "adult residential care facility" means a health facility licensed by the department of health pursuant to Section 24-1-5 NMSA 1978 as a shelter care home or a boarding home not under the control of an institution of higher learning;
B. "adult residential care facility administrator" means a person who is responsible for planning, organizing, directing and controlling the operation of an adult residential care facility;
[A.] C. "board" means the [board of nursing home]
long- term care administrators board;
D. "long-term care" means care required to be provided under state or federal law in licensed adult residential care facilities or nursing homes;
E. "long-term care administrator" means a person licensed by the state as an adult residential care facility administrator or a nursing home administrator;
F. "long-term care facility" means an adult residential care facility or a nursing home;
[B.] G. "nursing home administrator" means [any
individual] a person who is responsible for planning,
organizing, directing and controlling the operation of a
nursing home or who shares such functions with one or more
persons in operating a nursing home;
[C.] H. "nursing home" means [any] a nursing
institution or facility required to be licensed [under]
pursuant to state law as a nursing facility by the public
health division of the department of health, whether
proprietary or nonprofit, including skilled nursing home
facilities, and whether a separate entity or a part of a
medical institutional facility; and
[D.] I. "practice of [nursing home] long-term care
administration" means the planning, organizing, directing and
control of the operation of a nursing home or an adult
residential care facility."
Section 3. Section 61-13-3 NMSA 1978 (being Laws 1974, Chapter 78, Section 35) is amended to read:
"61-13-3. CRIMINAL OFFENDER'S CHARACTER EVALUATION.--The
provisions of the Criminal Offender Employment Act shall
govern any consideration of criminal records required or
permitted by the [Nursing Home Administration] Long-Term Care
Administrators Act."
Section 4. Section 61-13-4 NMSA 1978 (being Laws 1970, Chapter 61, Section 3, as amended) is amended to read:
"61-13-4. [BOARD OF NURSING HOME] LONG-TERM CARE
ADMINISTRATORS BOARD.--
A. There is created the "[board of nursing home]
long-term care administrators board", consisting of [seven]
eleven members appointed by the governor to three-year terms
staggered so that no more than [three] four terms expire in
any one year. Three members of the board shall be nursing
home administrators licensed and practicing under the [Nursing
Home] Long-Term Care Administrators Act for a minimum of five
years; [and who have never been disciplined by the board] one
member shall be an adult residential care facility
administrator of a health facility with a capacity of more
than fifteen beds and one member shall be an adult residential
care facility administrator of a health facility with a
capacity of fifteen or fewer beds, neither of whom have been
disciplined by the board; one member shall be a practicing
physician licensed in this state; and [three] five members
shall be from the public who have no significant financial
interest, direct or indirect, in the [nursing home] long-term
care industry.
B. Within ninety days of a vacancy, the governor shall appoint a person to fill the unexpired portion of the term. Board members shall be citizens of the United States and residents of the state, and not more than one member shall be an employee of any state or other public agency.
C. On the effective date of the Long-Term Care Administrators Act, members of the board of nursing home administrators are appointed to the long-term care administrators board for terms equal to the time remaining on their appointment under the Nursing Home Administrators Act."
Section 5. Section 61-13-6 NMSA 1978 (being Laws 1970, Chapter 61, Section 5, as amended) is amended to read:
"61-13-6. DUTIES OF THE BOARD.--It is the duty of the board to:
A. formulate, adopt and regularly revise such
rules [and regulations] not inconsistent with law as may be
necessary to adopt and enforce standards for licensing
[nursing home] long-term care administrators and to carry into
effect the provisions of the [Nursing Home] Long-Term Care
Administrators Act;
B. approve for licensure applicants for:
(1) initial licensure;
(2) annual renewal of current, active licenses;
(3) reciprocity;
(4) reinstatement of revoked or suspended licenses; and
(5) reactivation of inactive or expired licenses;
C. cause the prosecution or enjoinder of all
persons violating the [Nursing Home] Long-Term Care
Administrators Act and deny, suspend or revoke licenses in
accordance with the provisions of the Uniform Licensing Act;
D. submit a written annual report to the governor and the legislature detailing the actions of the board and including an accounting of all money received and expended by the board;
E. employ such administrative personnel as may be
necessary for the efficient operation of the [Nursing Home]
Long-Term Care Administrators Act; and
F. maintain a register of licensees and a record of all applicants for licensure received by the board."
Section 6. Section 61-13-8 NMSA 1978 (being Laws 1970, Chapter 61, Section 7, as amended) is amended to read:
"61-13-8. LICENSURE OF NURSING HOME ADMINISTRATORS AND ADULT RESIDENTIAL CARE FACILITY ADMINISTRATORS.--
A. The board shall issue a license as a nursing home administrator to each applicant who files an application in the form and manner prescribed by the board, accompanied by the required fee, and who furnishes evidence, including a criminal records check, satisfactory to the board that he:
[A.] (1) is of good moral character;
[B.] (2) has successfully completed a course
of study for a baccalaureate degree and has been awarded such
degree from an accredited institution in a course of study
approved by the board as being adequate preparation for
nursing home administrators;
[C.] (3) demonstrates professional competence
by passing an examination in nursing home administration as
prepared and published by the professional examination service
or such other nationally recognized examination as the board
[shall prescribe] prescribes in its rules; [and regulations;
D.] (4) demonstrates knowledge of state
[regulations] rules governing the operation of nursing homes
in a manner [as] the board [shall prescribe] prescribes in its
rules [and regulations]; and
[E.] (5) has successfully completed an
internship or administrator-in-training program as prescribed
by the board in its rules [and regulations].
B. After July 1, 2002, the board shall issue a license as an adult residential care facility administrator to an applicant who files an application in the form and manner prescribed by the board, accompanied by the required fee, and who furnishes evidence, including a criminal records check, satisfactory to the board that he demonstrates professional competence in and knowledge of the operation of adult residential care facilities, including a thorough understanding of the department of health requirements for adult residential care facilities, as prescribed by rules of the board.
C. Until June 30, 2002 the board shall issue a temporary license as an adult residential care facility administrator to an applicant who demonstrates that he is employed as an adult residential care facility administrator and who pays the required fee set by rule of the board.
D. The board may adopt and implement rules to permit issuance of a license as an adult residential care facility administrator to a licensed nursing home administrator who has not been disciplined by the board and who makes application and pays the required fee for such a license."
Section 7. Section 61-13-10 NMSA 1978 (being Laws 1970, Chapter 61, Section 9, as amended) is amended to read:
"61-13-10. LICENSURE BY EXAMINATIONS BY BOARD.--
A. Upon investigation of the application and other evidence submitted, the board shall, not less than thirty days prior to any scheduled examination, notify each applicant that the application and evidence submitted is satisfactory or unsatisfactory and rejected. If rejected, the notice shall state the reasons for rejection.
B. Examinations shall be held at least twice each year at such a time and place as the board may determine and at other times as in the opinion of the board the number of applicants for licensure warrants.
C. The board shall administer the national standards examination for nursing home administrators in a manner specified by the national examination service with which it contracts.
D. The board shall adopt and implement an examination for licensure as an adult residential care facility administrator."
Section 8. Section 61-13-11 NMSA 1978 (being Laws 1970, Chapter 61, Section 10, as amended) is amended to read:
"61-13-11. LICENSURE WITHOUT EXAMINATION.--The board
shall issue a nursing home administrator's license or adult
residential care facility administrator's license, temporary
or regular, without examination, to any person who holds a
current nursing home administrator's license [current and] or
an adult residential care facility administrator's license in
good standing in another jurisdiction [provided that] if the
board finds that the standards of licensure in the other
jurisdiction are at least the substantial equivalent of those
prevailing in this state and that the applicant meets the
qualifications of the [Nursing Home] Long-Term Care
Administrators Act."
Section 9. Section 61-13-12 NMSA 1978 (being Laws 1970, Chapter 61, Section 11, as amended) is amended to read:
"61-13-12. LICENSE AND RENEWAL FEES--BOARD EXPENDITURES.--
A. The board shall require by [appropriate] rule
[or regulation] that applicants for licensure [as nursing home
administrators] pay a license fee in an amount set by the
board not to exceed two hundred fifty dollars ($250) and an
annual renewal fee in an amount set by the board not to exceed
two hundred dollars ($200).
B. The board shall deposit all fees received by
the board in [a special] the "long-term care administrators
fund" maintained by the state treasurer for use in defraying
the expenses of administration of the [Nursing Home] Long-Term
Care Administrators Act. [All] Any unexpended balance
remaining in the fund at the end of each fiscal year shall
remain to the credit of the board.
C. The board may obtain and administer programs of
grants-in-aid or financial assistance from any governmental
agency or private source in the furtherance of programs
consistent with the [Nursing Home] Long-Term Care
Administrators Act."
Section 10. Section 61-13-13 NMSA 1978 (being Laws 1970, Chapter 61, Section 12, as amended) is amended to read:
"61-13-13. REFUSAL, SUSPENSION OR REVOCATION OF
LICENSE.--The board may refuse to issue or renew or may suspend or revoke any license in accordance with the procedures contained in the Uniform Licensing Act on the grounds that the licensee or applicant:
A. is guilty of fraud or deceit in procuring or
attempting to procure or renew a license to practice as a
[nursing home] long-term care administrator;
B. is convicted of a felony;
C. is guilty of gross incompetence;
D. is habitually intemperate or is addicted to the use of habit-forming drugs or is addicted to any vice to such a degree as to render him unfit to practice as a nursing home administrator;
E. is guilty of failing to comply with any of the
provisions of the [Nursing Home] Long-Term Care Administrators
Act or any rules [or regulations] of the board adopted and
filed in accordance with the State Rules Act;
F. has been declared mentally incompetent by regularly constituted authorities; provided that the revocation shall only be in effect during the period of such incompetency; or
G. is guilty of conduct that substantially
deviates from reasonable standards of acceptable practice of
[nursing home] long-term care administration, including [but
not limited to] the following:
(1) he has been convicted of a misdemeanor
substantially relating to the practice of [nursing home] long-
term care administration;
(2) he has been found by a court of law, the
board, an agency responsible for the certification and
licensure of nursing homes or adult residential care
facilities, a state medicaid fraud and abuse unit or any other
duly recognized state agency to be responsible for the neglect
or abuse of [nursing home] long-term care facility residents
or the misappropriation of their personal funds or property;
(3) he has been found by a state [nursing
home] long-term care licensing board, an agency responsible
for the certification and licensure of [nursing homes] long-
term care facilities or any other duly recognized state agency
as responsible for substandard care in a [nursing home] long-
term care facility;
(4) he has been found to have falsified
records related to the residents or employees of a [nursing
home] long-term care facility on the basis of race, religion,
color, national origin, sex, age or handicap in violation of
federal or state laws; or
(5) he has had a license revoked, suspended or denied by another state for any of the reasons contained
in this section."
Section 11. Section 61-13-14 NMSA 1978 (being Laws 1970, Chapter 61, Section 13) is amended to read:
"61-13-14. PENALTIES.--It [shall be] is a misdemeanor
for any person to:
A. sell or fraudulently obtain or furnish any
license or aid or abet in the obtaining or furnishing of any
license under the [Nursing Home] Long-Term Care Administrators
Act;
B. practice as a [nursing home] long-term care
administrator, under cover of any license or registration
illegally or fraudulently obtained or unlawfully issued;
C. practice as a [nursing home] long-term care
administrator or use in connection with his name any
designation tending to imply that he is a [nursing home] long-
term care administrator unless duly licensed and registered to
[so] practice under the provisions of the [Nursing Home] Long-
Term Care Administrators Act; or
D. practice as a [nursing home] long-term care
administrator without a valid license or during the time his
license or registration issued under the provisions of the
[Nursing Home] Long-Term Care Administrators Act is suspended
or revoked."
Section 12. Section 61-13-15 NMSA 1978 (being Laws 1970, Chapter 61, Section 14) is amended to read:
"61-13-15. INJUNCTIVE PROCEEDINGS.--
A. The board may, in the name of the state [of New
Mexico], through the attorney general, apply for an injunction
in any court of competent jurisdiction to enjoin any person
from committing any act declared to be a misdemeanor by the
[Nursing Home] Long-Term Care Administrators Act.
B. If it [be] is established that the defendant
has been or is committing an act declared to be a misdemeanor
by the [Nursing Home] Long-Term Care Administrators Act, the
court shall enter a decree perpetually enjoining [said] the
defendant from further committing [such] the act.
C. [Such] Injunctive proceedings shall be in
addition to and not in lieu of all penalties and other
remedies in the [Nursing Home] Long-Term Care Administrators
Act."
Section 13. Section 61-13-17 NMSA 1978 (being Laws 1978, Chapter 206, Section 1, as amended) is amended to read:
"61-13-17. TERMINATION OF AGENCY LIFE--DELAYED REPEAL.--The [board of nursing home] long-term care administrators
board is terminated on July 1, 2005 pursuant to the Sunset
Act. The board shall continue to operate according to the
provisions of Chapter 61, Article 13 NMSA 1978 until July 1,
2006. Effective July 1, 2006, Chapter 61, Article 13 NMSA
1978 is repealed."
Section 14. TEMPORARY PROVISIONS.--On the effective date of the Long-Term Care Administrators Act, all money, appropriations, records, files, furniture, equipment and other property belonging to the board of nursing home administrators is transferred to the long-term care administrators board. All references in law to the Nursing Home Administrators Act are deemed to refer to the Long-Term Care Administrators Act.
Section 15. REPEAL.--Section 61-13-16 NMSA 1978 (being Laws 1970, Chapter 61, Section 15) is repealed.
Section 16. EFFECTIVE DATE.--The effective date of the provisions of this act is July 1, 2001.