N.Y. Comp. Codes R. & Regs. tit. 10 § 96.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 96.1 - Definitions

The following definitions shall apply to this Subchapter unless the context otherwise requires:

(a) Board means the Board of Examiners of Nursing Home Administrators as provided for in article 28-D of the Public Health Law.

(b) Department means the New York State Department of Health.

(c) Commissioner means the Commissioner of Health of the State of New York.

(d) Secretary means the officer or employee of the Department designated by the commissioner to act as secretary to the Board.

(e) Advisory council means the body broadly representative of the health professions and the public established by the commissioner pursuant to subdivision 8 of section 2896-a of the Public Health Law.

(f) Nursing home administrator means an individual who has fulfilled all of the requirements of and has been duly granted a license by the New York State Board of Examiners of Nursing Home Administrators.

(g) Nursing home means a facility issued an operating certificate as a nursing home pursuant to article 28 of the Public Health Law.

(h) License means certification of an applicant who has met the requirements of the law, rules and regulations entitling him to serve, act, practice and otherwise hold themselves out as a duly licensed nursing home administrator.

(i) Temporary license means a license issued by the Board, under such conditions and limitations as it shall determine, for a single period not to exceed six months to an applicant of good moral character and suitability, over twenty-one years of age, who meets such other standards as are established by the Board, who has paid the application fee as specified in Public Health Law Article 28-D and who is designated by the owner, operator or other governing authority to administer a facility during a period when due to resignation, death or incapacity or for some other reason the position of nursing home administrator has been unexpectedly vacated. Such temporary licensee shall be subject to the supervision of a licensed and currently registered New York State nursing home administrator as determined by the Board. This provision may not be used in conjunction with or to extend the provisions of section 415.26(a) of this title permitting the facility to operate without a licensed and registered administrator for a period greater than six months.

(j) Practice of nursing home administration means planning, organizing, directing, managing the operation and implementing the policies of, a nursing home, including but not limited to making operating decisions, ensuring fiscal responsibility, providing general supervision, employing and discharging staff, programming and ongoing evaluation of the care and services provided in the nursing home to ensure the health and safety of the residents, visitors and staff and, where appropriate, integrating the services of the nursing home with the community's health resources.

(k) Course of study in nursing home administration means a course or courses of study, including completion of a Board approved Administrator-in-Training (AIT) program or Board approved alternative, in institutional administration approved by the Board.

(l) Registration means the biennial registration as required by all licensed nursing home administrators pursuant to the provisions of codes, rules and regulations established by the Board. Only licensed nursing home administrators with a current registration may practice nursing home administration.

(m) Unethical conduct, for the purpose of section 2897 of the Public Health Law, shall include, but not be limited to:

(1) violation of any of the provisions of law pertaining to the licensing and registration of nursing home administrators or the rules and regulations of the Board pertaining thereto;

(2) violation of any of the provisions of law or codes, rules or regulations of the licensing authority or agency of the State having jurisdiction of the operation and licensing of nursing homes;

(3) conviction of a crime;

(4) practicing fraud, deceit or misrepresentation in securing or procuring a nursing home administrator license or registration;

(5) practicing fraud, deceit or misrepresentation in the capacity of a nursing home administrator;

(6) immoral conduct while engaged in the practice of nursing home administration; immoral behavior indicating an unfitness to practice nursing home administration; or immoral conduct permitted by a nursing home administrator in a nursing home under their supervision;

(7) willful falsification, destruction or theft of property or records related to the practice of nursing home administration;

(8) committing acts of misconduct in the operation of a nursing home;

(9) habitual drunkenness;

(10) addiction to the use of narcotic drugs;

(11) wrongfully transferring or surrendering possession, either temporarily or permanently, of a license or certificate as a nursing home administrator to any other person;

(12) being guilty of fraudulent, misleading or deceptive advertising;

(13) falsely impersonating another licensee of a like or different name;

(14) failure to exercise true regard for the safety, health and life of patients/residents;

(15) unauthorized disclosure of information relating to a patient/resident or their records; and

(16) discrimination with respect to patients/residents, employees or staff.

(n) Administrator of Record (AOR) means the individual who is charged with and has responsibility for the general administration of a nursing home, whether or not such individual has an ownership interest in such home, and whether or not their function and duties are shared with one or more other individuals.

(1) Each nursing home must designate one New York State licensed and currently registered nursing home administrator as the facility AOR consistent with the requirements of 10 NYCRR Section 415.26(a).

(2) In the case of an acting administrator, appointed under the provisions of 10 NYCRR 415.26(a)(3), the AOR shall be the supervising administrator designated pursuant to such provisions.

(o) Qualifying field experience shall mean the verified full-time, minimum of 35 hours per week, service on the staff of a qualifying Article 28 in-patient health care facility as defined by the Board, in an administrative position within the five-year period preceding approval of the licensure application.

(1) Such experience must be obtained above the department head level but not above the AOR, requiring the candidate to actively participate in the day-to-day administration, direction, and operation of the facility at the facility level requiring the daily supervision of the department heads of multiple (2 or more) major departments or services areas.

(2) The position must include substantial supervisory responsibilities for patient care and facility staff and be compensated at a salary commensurate with the level of responsibility claimed.

(3) At least one major department or service area must directly impact on the provision of patient care or services. Major department and services areas with direct impact on the provision of patient care or services as defined by the Board for the purpose of licensure experience are:

(a) Dietary/food services,

(b) Nursing services,

(c) Rehabilitation services (including all of physical therapy, occupational therapy, speech and audio therapy and recreational therapy) and

(d) Social Services (including all of admissions, discharge planning and social service program).

(p) Active participation in the administration, direction and operation of a qualifying health care facility shall mean the daily participation in the management decisions that affect multiple (2 or more) major departments or service areas as defined in this Part, within the facility and directly impacts the provision of care and services to the patients in the facility.

(q) Code of Ethics for New York State Nursing Home Administrators shall mean the expectations of conduct for licensed nursing home administrators adopted by the Board. The Code of Ethics should not be construed as all-encompassing or as denial of the existence of other responsibilities or practices.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 96.1

Amended New York State Register June 28, 2023/Volume XLV, Issue 26, eff. 6/28/2023