0001| AN ACT | 0002| RELATING TO NURSING HOME ADMINISTRATION; CHANGING THE COMPOSITION OF | 0003| THE BOARD OF NURSING HOME ADMINISTRATORS; PROVIDING FOR CRIMINAL | 0004| RECORDS CHECKS. | 0005| | 0006| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO: | 0007| Section 1. Section 61-13-4 NMSA 1978 (being Laws 1970, Chapter | 0008| 61, Section 3, as amended) is amended to read: | 0009| "61-13-4. BOARD OF NURSING HOME ADMINISTRATORS.-- | 0010| A. There is created the "board of nursing home | 0011| administrators", consisting of seven members appointed by the governor | 0012| to three-year terms staggered so that no more than three terms expire | 0013| in any one year. Three members of the board shall be nursing home | 0014| administrators licensed and practicing under the Nursing Home | 0015| Administrators Act for a minimum of five years and who have never been | 0016| disciplined by the board, one member shall be a practicing physician | 0017| licensed in this state and three members shall be from the public who | 0018| have no significant financial interest, direct or indirect, in the | 0019| nursing home industry. | 0020| B. Within ninety days of a vacancy, the governor shall | 0021| appoint a person to fill the unexpired portion of the term. Board | 0022| members shall be citizens of the United States and residents of the | 0023| state, and not more than one member shall be an employee of any state | 0024| or other public agency." | 0025| Section 2. Section 61-13-8 NMSA 1978 (being Laws 1970, Chapter | 0001| 61, Section 7, as amended) is amended to read: | 0002| "61-13-8. LICENSURE OF NURSING HOME ADMINISTRATORS.-- The board | 0003| shall issue a license as a nursing home administrator to each | 0004| applicant who files an application in the form and manner prescribed | 0005| by the board, accompanied by the required fee, and who furnishes | 0006| evidence, including a criminal records check, satisfactory to the | 0007| board that he: | 0008| A. is of good moral character; | 0009| B. has successfully completed a course of study for a | 0010| baccalaureate degree and has been awarded such degree from an | 0011| accredited institution in a course of study approved by the board as | 0012| being adequate preparation for nursing home administrators; | 0013| C. demonstrates professional competence by passing an | 0014| examination in nursing home administration as prepared and published | 0015| by the professional examination service or such other nationally | 0016| recognized examination as the board shall prescribe in its rules and | 0017| regulations; | 0018| D. demonstrates knowledge of state regulations governing | 0019| the operation of nursing homes in a manner as the board shall | 0020| prescribe in its rules and regulations; and | 0021| E. has successfully completed an internship or | 0022| administrator-in-training program as prescribed by the board in its | 0023| rules and regulations." | 0024| Section 3. Section 61-13-11 NMSA 1978 (being Laws 1970, Chapter | 0025| 61, Section 10, as amended) is amended to read: | 0001| "61-13-11. LICENSURE WITHOUT EXAMINATION.--The board shall issue | 0002| a nursing home administrator's license, temporary or regular, without | 0003| examination, to any person who holds a nursing home administrator's | 0004| license current and in good standing in another jurisdiction, provided | 0005| that the board finds that the standards of licensure in the other | 0006| jurisdiction are at least the substantial equivalent of those | 0007| prevailing in this state and that the applicant meets the | 0008| qualifications of the Nursing Home Administrators Act." | 0009| Section 4. Section 61-13-13 NMSA 1978 (being Laws 1970, Chapter | 0010| 61, Section 12, as amended) is amended to read: | 0011| "61-13-13. REFUSAL, SUSPENSION OR REVOCATION OF | 0012| LICENSE.--The board may refuse to issue or renew, or may suspend or | 0013| revoke, any license in accordance with the procedures contained in the | 0014| Uniform Licensing Act, on the grounds that the licensee or applicant: | 0015| A. is guilty of fraud or deceit in procuring or attempting | 0016| to procure or renew a license to practice as a nursing home | 0017| administrator; | 0018| B. is convicted of a felony; | 0019| C. is guilty of gross incompetence; | 0020| D. is habitually intemperate or is addicted to the use of | 0021| habit-forming drugs or is addicted to any vice to such a degree as to | 0022| render him unfit to practice as a nursing home administrator; | 0023| E. is guilty of failing to comply with any of the | 0024| provisions of the Nursing Home Administrators Act or any rules or | 0025| regulations of the board adopted and filed in accordance with the | 0001| State Rules Act; | 0002| F. has been declared mentally incompetent by regularly | 0003| constituted authorities; provided that the revocation shall only be in | 0004| effect during the period of such incompetency; or | 0005| G. is guilty of conduct that substantially deviates from | 0006| reasonable standards of acceptable practice of nursing home | 0007| administration, including but not limited to the following: | 0008| (1) he has been convicted of a misdemeanor | 0009| substantially relating to the practice of nursing home administration; | 0010| (2) he has been found by a court of law, the board, | 0011| an agency responsible for the certification and licensure of nursing | 0012| homes, a state medicaid fraud and abuse unit or any other duly | 0013| recognized state agency to be responsible for the neglect or abuse of | 0014| nursing home residents or the misappropriation of their personal funds | 0015| or property; | 0016| (3) he has been found by a state nursing home | 0017| licensing board, an agency responsible for the certification and | 0018| licensure of nursing homes or any other duly recognized state agency | 0019| as responsible for substandard care in a nursing home; | 0020| (4) he has been found to have falsified records | 0021| related to the residents or employees of a nursing home on the basis | 0022| of race, religion, color, national origin, sex, age or handicap in | 0023| violation of federal or state laws; or | 0024| (5) he has had a license revoked, suspended or denied | 0025| by another state for any of the reasons contained | 0001| in this section." |