(1) The Board of Nursing Home Administrators adopts and incorporates the organizational rules of the Department of Labor and Industry as listed in chapter 1 of this title.

(1) The Board of Nursing Home Administrators adopts and incorporates the procedural rules of the department of Labor and Industry as listed in chapter 2 of this title. 

(1) The Board of Nursing Home Administrators adopts and incorporates the public participation rules of the Department of Labor and Industry as listed in chapter 2 of this title. 

(1) "Clock hour" shall mean 60 minutes of formal instruction by an approved presenter.

(2) "Health care facility" shall mean licensed long-term facility, or licensed acute care facility, as defined by 50-5-301(2)(b)(i), MCA.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

This rule has been repealed.

(1) The license, together with evidence of current validation, shall be conspicuously displayed within the facility served by the licensee.

(2) Each licensee shall:

(a) file the licensee's current mailing address with the board; and

(b) notify the board office in writing or electronically of any and all changes which occur within ten days of the address change. 

(1) Applicant and licensee fees are as follows:

(a) application by examination $225

(b) application by examination and temporary license 425

(c) application by credential 500

(d) jurisprudence reexamination (each retake) 75

(e) active renewal 235

(f) inactive renewal 100

(2) Additional standardized fees are specified in ARM 24.101.403.

(3) All fees are nonrefundable.

(4) The NAB examination fee and reexamination fee is set by the examination administrator, and is paid by the applicant directly to the examination administrator.

(1) In addition to passing the examination referred to in ARM 24.162.504, an applicant must submit a completed application form documenting education, training, experience or a combination thereof totaling 1,200 points. The minimum accumulative point-value shall be 1,200 points.

(2) An application shall be filed and must be accompanied by the required fee, which shall not be refunded.

(3) The application information furnished by each applicant shall be evaluated by the board and given point-value to determine whether the applicant has sufficient experience, education or training. The experience, education or training requirements are set out in (a) through (c) below.

(a) Experience will be accepted for categories set out in (i) through (iii) below. Designated points are given based upon 40 hours or more per week. Documented part-time employment will be prorated on a full-time employee (40 hours per week) status. An applicant seeking points for experience earned beyond the seven-year period preceding the application date will not be awarded points unless the application is accompanied with documentation of such experience. Adequate documentation consists of a supervisor's letter, Internal Revenue Service W-4 form, or employment evaluations signed by a supervisor or other official verification of employment.

(i) management experience in health care, with or without supervision, from the administration, no more than 200 points/year;

(ii) direct services experience providing health care services with direct patient contact, no more than 100 points/year;

(iii) support services (indirect experience) experience in health care facility(ies) with indirect patient contact, no more than 50 points/year;

(b) Credit for educational training will be given as set forth in (i) through (v) below. In the case where multiple degrees have been attained, credit shall be given for one degree only, according to the degree designated for credit by the license applicant.

(i) bachelor degree or higher in a health care or business field equals 1,200 points;

(ii) bachelor degree in any other field equals 800 points;

(iii) associate degree in a health care or business field equals 600 points;                                        

(iv) associate degree in any other field equals 400 points;

(v) college/university course work in a health or business related course, (completed with a grade of not less than "C") equals 20 points/credit hour.

(c) Training seminars/workshops/short courses in health care and business equals one point per approved clock hour;

(d) Administrator-in-training (AIT) programs may be submitted for one point per clock hour credit for hours earned. Verification of clock hours must be documented and signed by the licensed active nursing home administrator.

(4) The applicant must submit a copy of all documents including transcript and diploma or degree, if applicable, to provide a sufficient basis for the board to evaluate the points earned by the applicant.

(1) Pursuant to 37-1-145, MCA, the board shall accept relevant military training, service, or education toward the requirements for licensure as a nursing home administrator.

(2) Relevant military training, service, or education must be completed by an applicant while a member of either:

(a) United States Armed Forces;

(b) United States Reserves;

(c) state national guard; or

(d) military reserves.

(3) An applicant must submit satisfactory evidence of receiving military training, service, or education that is equivalent to relevant licensure requirements as a nursing home administrator. Satisfactory evidence includes:

(a) a copy of the applicant's military discharge document (DD 214 or other discharge documentation);

(b) a document that clearly shows all relevant training, certification, service, or education the applicant received while in the military, including dates of training and completion or graduation; and

(c) any other documentation as required by the board.

(4) The board shall consider all documentation received to determine whether an applicant's military training, service, or education is equivalent to relevant licensure requirements.

(1) For the purpose of processing nonroutine applications, the board incorporates the definitions of routine and nonroutine at ARM 24.101.402 by reference. 

(2) Nonroutine applications must be reviewed and approved by the board before a license may be issued.

(1) Each applicant must attain a passing scaled score on the national examination, as determined by the National Association of Boards of Examiners for Nursing Home Administrators.

(2) Each applicant must attain a final score of at least 90% on the open book jurisprudence examination relating to the provisions of the Montana long-term care facility licensing law and regulations.

(3) An applicant who fails an examination may retake the examination after paying the examination fees referenced in ARM 24.162.420.

(1) An application for a temporary permit must be accompanied by the required fee, which will not be refunded.

(2) The temporary permit is valid until the applicant either fails the first national examination for which the applicant is eligible or passes the examination and is granted a license.

(3) Only one temporary permit will be issued per applicant. 

This rule has been repealed.

(1) An applicant for licensure by credential must include documents to prove:

(a) that the applicant attained a passing scaled score on an examination, approved by the National Association of Boards of Examiners for Nursing Home Administrators; and

(b) that the applicant holds a currently valid license as a nursing home administrator in any jurisdiction. 

(1) The board incorporates ARM 24.101.406 by reference with no modifications.

(1) A licensee is prohibited from practicing as a nursing home administrator while on inactive status.

(2) Inactive licenses will be granted to those individuals presently licensed or eligible to be licensed as nursing home administrators, but who are not presently working in the nursing home administration field by submitting a request and paying the required fee.

(3) The requirements for obtaining an inactive license status shall be the same as for obtaining a nursing home administrator's license.

(4) Inactive licensees shall utilize the renewal process and pay the required fee.

(5) Inactive licensees shall be exempt from the continuing education (CE) requirements as set out in ARM 24.162.2105.

(6) To return to active status, inactive licensees must submit the following:

(a) a request and payment of the fee;

(i) At any time during the renewal period, the inactive license fee will be credited towards the full fee for an active license.

(b) verification of the licensee's good standing from every jurisdiction in which the licensee was licensed during the inactive period; and

(c) proof of completion of the required CE for the prior renewal period as set out in ARM 24.162.2105.

This rule has been repealed.

(1) Each active licensee must complete 20 hours of continuing education (CE) annually for renewal of a license.

(2) A licensee with an inactive license must complete 20 hours of CE for the immediately prior renewal period before requesting the board to issue an active license.

(3) A licensee is exempt from the CE requirement the year of original licensure.

(4) The board/staff will not pre-approve CE programs or sponsors. It is the responsibility of the licensee to select quality programs that:

(a) contribute to the licensee's knowledge and professional competence;

(b) contain significant intellectual or practical content; and

(c) deal primarily with substantive nursing home management issues.

(5) A CE program means a class, institute, lecture, conference, workshop, audio, video, internet or correspondence course or peer-reviewed publication of a journal article(s) or textbook(s) that meets the requirements of (4). Programs that promote a company, individual, or product are excluded.

(6) The board may grant CE hours to a licensee who attended courses or programs accepted by other state boards or associations of nursing home administrators, if the licensee demonstrates that the activity meets the requirements of (4).

(7) No more than 15 hours of college courses may be submitted for CE credit without prior approval of the board. These courses must comply with the requirements of (4).

(8) One semester credit is equal to 15 CE hours, and 60 minutes of class time is equal to one CE hour.

(9) All acceptable CE courses must issue a program or certificate of completion containing the following information:

(a) full name and qualifications of the presenter;

(b) title of the presentation attended;

(c) number of hours and date of each presentation attended;

(d) name of sponsor; and

(e) description of the presentation format.

(10) Licensees can earn up to a maximum of eight CE hours per year by teaching acceptable university or college courses.

(a) Acceptable courses are based on the following criteria:

(i) courses must be germane to the licensee's profession;

(ii) the licensee must be the instructor of the course; and

(iii) the course must be addressed to health professionals.

(b) The instructor will be awarded two CE hours for a one hour presentation.

(c) Instruction of any course may be submitted for CE credit only once.

(d) Instructors employed by universities and colleges will not receive CE hours in this section for conducting courses that are a part of the regular course offering of the institutions. This applies to courses that are offered in the evening or summer.

(11) The board will conduct random CE audits. Licensees selected for audit shall submit proof of completion of CE courses. Licensees are responsible for maintaining their CE records and making such records available upon board request.

(2) The following acts may subject the licensee to disciplinary action:

(a) willful and/or repeated violation of any board statutes or rule or the statutes or rules of any federal, state, county or city agency having licensing and regulation of nursing homes or administrators;

(b) conviction of a felony related to the practice of the profession by a court of competent jurisdiction, unless exempt by 37-1-203 , MCA;

(c) use of fraud, deceit or misrepresentation in the securing of a nursing home administrators license;

(d) being mentally and/or physically incompetent to engage in or act in the professional status as a nursing home administrator;

(e) use of alcoholic beverages or addictive drugs to the extent that it impairs the ability to practice the profession safely;

(f) diversion or appropriation of drugs or medications prescribed for residents in the nursing home;

(g) failure to take appropriate action on an employee who diverts drugs or medications prescribed for residents;

(h) acceptance of valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home usage;

(i) use of fraudulent, misleading or deceptive advertising;

(j) knowingly allowing an individual to falsely impersonate another licensee;

(k) knowingly failing to exercise true regard for the safety, health and welfare of the resident;

(l) willfully permitting unauthorized disclosure of information relative to the residents' records;

(m) disclosure or use of confidential information in the course of duties as a nursing home administrator which would further his/her own economic interests;

(n) continuous failure, or allowing the continuous failure, of employees to comply with standards for the operation of the nursing home for which the administrator is responsible;

(o) willful failure to correct deficiencies or failure to maintain corrective measures in the nursing home as cited by any agency of government which has nursing home administration responsibility.

(p) failing to maintain or provide accounting of or for residents' property or assets during their stay in the nursing home.  However, the administrator shall be responsible only for that property with which he has been specifically entrusted by the resident, or that property over which the administrator has reasonable means of exercising security;

(q) allowing harassment or abuse of residents by employees;

(r) failing to cooperate with an authorized investigation of a complaint; and

(s) violating orders of the board.