Current through Register Vol. 54, No. 49, December 7, 2024
Section 39.4 - Admission to practice; temporary permitsAdmission to the practice of nursing home administration in this Commonwealth will be granted by the Board as follows:
(1) By the issuance of a license by examination to an applicant who meets the requirements in section 6 of the act (63 P. S. § 1106) and in this chapter.(2) By the issuance of a license by endorsement to an applicant who has been licensed by examination in another state of the United States, if the applicant meets the requirements in section 10 of the act (63 P. S. § 1110) and of this chapter.(3) By issuance of a temporary permit to an applicant who meets the requirements in section 14 of the act (63 P. S. § 1114) and in this chapter. The issuance of a temporary permit is subject to the following conditions: (i) A temporary permit entitles the holder to serve in an emergency as a nursing home administrator only in the particular facility indicated on his application, and is valid for a period as determined by the Board, not to exceed 1 year from the date of issuance, and may not be thereafter renewed or continued.(ii) The issuance of a temporary permit will not be construed to mean that the holder qualifies to sit for the nursing home administrators licensing examination. However, if the holder meets the education and experience requirements in § 39.5(b) (relating to requirements for admission to licensing examination; examination procedures), the holder may apply to sit for the nursing home administrators licensing examination.(iii) The Board will not issue a temporary permit to an applicant who has failed to pass any part of the nursing home administrators licensing examination.(iv) Public notice of the issuance of a temporary permit will be given by the Board in accordance with 45 Pa.C.S. §§ 301-310 (relating to Newspaper Advertising Act), with the cost of advertising the notice to be paid by the holder of the temporary permit. The public notice concerning the temporary permit will be advertised in a daily newspaper published in the county where the nursing home is located, once a week for 3 consecutive weeks, and will contain the following information: the name and address of the holder of the temporary permit, the name and address of the nursing home which the holder of the temporary permit is permitted to serve, the reason for the issuance of the temporary permit, the period for which the temporary permit is issued, the date the temporary permit expires and other information the Board may require as relevant.(v) Prior to the issuance of a temporary permit, the applicant shall appear before the Board accompanied by the manager, owner or representative of the governing body of the facility in which the applicant will be acting as a nursing home administrator if the permit is issued.(vi) A temporary permit becomes void if either the holder fails to pass any part of the nursing home administrators licensing examination or the facility obtains the services of a licensed nursing home administrator and the holder must cease performing his duties as a temporary nursing home administrator immediately upon the occurrence of either event.(vii) The temporary permit holder shall notify the Board and immediately return the temporary permit to the Board if the holder fails to pass any part of the nursing home administrators licensing examination or when the facility obtains the services of a licensed nursing home administrator.The provisions of this § 39.4 adopted January 28, 1972, effective 1/29/1972, 2 Pa.B. 2244; amended March 5, 1976, effective 3/6/1976, 6 Pa.B. 418; amended December 13, 1991, effective 12/14/1991, 21 Pa.B. 5725; amended June 11, 2010, effective 6/12/2010, 40 Pa.B. 3092.The provisions of this § 39.4 amended under sections 4 and 14 of The Nursing Home Administrators License Act (63 P. S. §§ 1104 and 1114).