BILL NUMBER: AB 1409	CHAPTERED  10/10/01

	CHAPTER  687
	FILED WITH SECRETARY OF STATE  OCTOBER 10, 2001
	APPROVED BY GOVERNOR  OCTOBER 10, 2001
	PASSED THE ASSEMBLY  SEPTEMBER 4, 2001
	PASSED THE SENATE  AUGUST 30, 2001
	AMENDED IN SENATE  JULY 18, 2001
	AMENDED IN SENATE  JULY 3, 2001
	AMENDED IN ASSEMBLY  JUNE 4, 2001
	AMENDED IN ASSEMBLY  MAY 24, 2001
	AMENDED IN ASSEMBLY  APRIL 18, 2001

INTRODUCED BY   Assembly Member Chan

                        FEBRUARY 23, 2001

   An act to amend Sections 101, 144, and 205 of, and to repeal
Chapter 8.5 (commencing with Section 3901) of Division 2 of, the
Business and Professions Code, to add Chapter 2.35 (commencing with
Section 1416) to Division 2 of, and to repeal Section 1429.5 of, the
Health and Safety Code, relating to nursing homes, and making an
appropriation therefor.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 1409, Chan.  Nursing home administrators.
   Existing law, the Nursing Home Administrator's License law, which
is contained in the Business and Professions Code, provides for the
licensing and regulation of nursing home administrators by the State
Board of Nursing Home Administrators of the State of California and
specifies the duties of the board.
   This bill would repeal these provisions.  The bill, instead, would
enact provisions in the Health and Safety Code, designated as the
Nursing Home Administrators' Act,  that would establish in the State
Department of Health Services a Nursing Home Administrator Program
(NHAP) that would license and regulate nursing home administrators.
In this regard, the bill would specify the duties and authority of
the program, define various terms, specify licensing requirements,
including application procedures, qualifications for and content of
licensing examinations, and application and examination fee
requirements, provide procedures for out-of-state nursing home
administrator licensees to obtain a one-year provisional license, and
require the department to develop a specified
administrator-in-training program and establish a designated citation
and administrative fine assessment system.
   This bill would also require a nursing home administrator to
notify, in writing, the department's office for licensing and
certification upon the occurrence of specified acts affecting the
administration of the nursing home.
   The bill would make it a misdemeanor to engage in certain
subversive activities related to the implementation of the nursing
administrator licensing examination.  Because the bill would create a
new crime, it would impose a state-mandated local program.
   Existing law provides for the Nursing Home Administrator's State
License Examining Board Fund, a continuously appropriated fund, in
the Professions and Vocations Fund in the State Treasury.
   Existing law specifies a schedule of fees that are charged for the
application and examination of applicants for licensure as nursing
home administrators and requires those fees to be deposited in the
Nursing Home Administrator's State License Examining Board Fund.
   This bill would rename the fund the Nursing Home Administrator's
State License Examining Fund and continue the fund in existence in
the State Treasury.  The bill would revise the fee schedule.  The
bill would also require that fines collected under the citation and
administrative fine assessment system required under this bill be
deposited in the Nursing Home Administrator's State License Examining
Fund.
   Because the bill would increase the amount deposited into the
Nursing Home Administrator's State License Examining Fund, as renamed
by this bill, which is a continuously appropriated fund, it would
make an appropriation.
   This bill would incorporate additional changes in Section 101 of
the Business and Professions Code proposed by SB 26 that would become
operative only if SB 26 and this bill are both chaptered and become
effective on or before January 1, 2002, and this bill is chaptered
last.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Appropriation:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 101 of the Business and Professions Code is
amended to read:
   101.  The department is comprised of:
   (a) The Dental Board of California.
   (b) The Medical Board of California.
   (c) The State Board of Optometry.
   (d) The California State Board of Pharmacy.
   (e) The Veterinary Medical Board.
   (f) The California Board of Accountancy.
   (g) The California Architects Board.
   (h) The Barbering and Cosmetology Program.
   (i) The Board for Professional Engineers and Land Surveyors.
   (j) The Contractors' State License Board.
   (k) The Funeral Directors and Embalmers Program.
   (l) The Structural Pest Control Board.
   (m) The Bureau of Home Furnishings and Thermal Insulation.
   (n) The Board of Registered Nursing.
   (o) The Board of Behavioral Sciences.
   (p) The State Athletic Commission.
   (q) The Cemetery Program.
   (r) The State Board of Guide Dogs for the Blind.
   (s) The Bureau of Security and Investigative Services.
   (t) The Court Reporters Board of California.
   (u) The Board of Vocational Nursing and Psychiatric Technicians.
   (v) The Landscape Architects Technical Committee.
   (w) The Bureau of Electronic and Appliance Repair.
   (x) The Division of Investigation.
   (y) The Bureau of Automotive Repair.
   (z) The State Board of Registration for Geologists and
Geophysicists.
   (aa) The Respiratory Care Board of California.
   (ab) The Acupuncture Board.
   (ac) The Board of Psychology.
   (ad) The California Board of Podiatric Medicine.
   (ae) The Physical Therapy Board of California.
   (af) The Arbitration Review Program.
   (ag) The Committee on Dental Auxiliaries.
   (ah) The Hearing Aid Dispensers Advisory Commission.
   (ai) The Physician Assistant Committee.
   (aj) The Speech-Language Pathology and Audiology Board.
   (ak) The Tax Preparers Program.
   (al) The California Board of Occupational Therapy.
   (am) Any other boards, offices, or officers subject to its
jurisdiction by law.
  SEC. 1.5.  Section 101 of the Business and Professions Code is
amended to read:
   101.  The department is comprised of:
   (a) The Dental Board of California.
   (b) The Medical Board of California.
   (c) The State Board of Optometry.
   (d) The California State Board of Pharmacy.
   (e) The Veterinary Medical Board.
   (f) The California Board of Accountancy.
   (g) The California Architects Board.
   (h) The Bureau of Barbering and Cosmetology.
   (i) The Board for Professional Engineers and Land Surveyors.
   (j) The Contractors' State License Board.
   (k) The Bureau for Private Postsecondary and Vocational Education.

   (l) The Structural Pest Control Board.
   (m) The Bureau of Home Furnishings and Thermal Insulation.
   (n) The Board of Registered Nursing.
   (o) The Board of Behavioral Sciences.
   (p) The State Athletic Commission.
   (q) The Cemetery and Funeral Bureau.
   (r) The State Board of Guide Dogs for the Blind.
   (s) The Bureau of Security and Investigative Services.
   (t) The Court Reporters Board of California.
   (u) The Board of Vocational Nursing and Psychiatric Technicians.
   (v) The Landscape Architects Technical Committee.
   (w) The Bureau of Electronic and Appliance Repair.
   (x) The Division of Investigation.
   (y) The Bureau of Automotive Repair.
   (z) The State Board of Registration for Geologists and
Geophysicists.
   (aa)  The Respiratory Care Board of California.
   (ab) The Acupuncture Board.
   (ac) The Board of Psychology.
   (ad) The California Board of Podiatric Medicine.
   (ae) The Physical Therapy Board of California.
   (af) The Arbitration Review Program.
   (ag) The Committee on Dental Auxiliaries.
   (ah) The Hearing Aid Dispensers Bureau.
   (ai) The Physician Assistant Committee.
   (aj) The Speech-Language Pathology and Audiology Board.
   (ak) The California Board of Occupational Therapy.
   (al) The Osteopathic Medical Board of California.
   (am) Any other boards, offices, or officers subject to its
jurisdiction by law.
  SEC. 2.  Section 144 of the Business and Professions Code is
amended to read:
   144.  (a) Notwithstanding any other provision of law, an agency
designated in subdivision (b) shall require an applicant to furnish
to the agency a full set of fingerprints for purposes of conducting
criminal history record checks.  Any agency designated in subdivision
(b) may obtain and receive, at its discretion, criminal history
information from the Department of Justice and the United States
Federal Bureau of Investigation.
   (b) Subdivision (a) applies to the following boards or committees:

   (1) California Board of Accountancy.
   (2) State Athletic Commission.
   (3) Board of Behavioral Sciences.
   (4) Court Reporters Board of California.
   (5) State Board of Guide Dogs for the Blind.
   (6) California State Board of Pharmacy.
   (7) Board of Registered Nursing.
   (8) Veterinary Medical Board.
   (9) Registered Veterinary Technician Committee.
   (10) Board of Vocational Nursing and Psychiatric Technicians.
   (11) Respiratory Care Board of California.
   (12) Hearing Aid Dispensers Advisory Commission.
   (13) Physical Therapy Board of California.
   (14) Physician Assistant Committee of the Medical Board of
California.
   (15) Speech-Language Pathology and Audiology Board.
   (16) Medical Board of California.
   (17) State Board of Optometry.
   (18) Acupuncture Board.
   (19) Cemetery and Funeral Programs.
   (20) Bureau of Security and Investigative Services.
   (21) Division of Investigation.
   (22) Board of Psychology.
   (23) The California Board of Occupational Therapy.
  SEC. 3.  Section 205 of the Business and Professions Code is
amended to read:
   205.  (a) There is in the State Treasury the Professions and
Vocations Fund.  The fund shall consist of the following special
funds:
   (1) Accountancy Fund.
   (2) California Board of Architectural Examiners' Fund.
   (3) Athletic Commission Fund.
   (4) Barbering and Cosmetology Contingent Fund.
   (5) Cemetery Fund.
   (6) Contractors' License Fund.
   (7) State Dentistry Fund.
   (8) State Funeral Directors and Embalmers Fund.
   (9) Guide Dogs for the Blind Fund.
   (10) Bureau of Home Furnishings and Thermal Insulation Fund.
   (11) California Board of Architectural Examiners-Landscape
Architects Fund.
   (12) Contingent Fund of the Medical Board of California.
   (13) Optometry Fund.
   (14) Pharmacy Board Contingent Fund.
   (15) Physical Therapy Fund.
   (16) Private Investigator Fund.
   (17) Professional Engineers' and Land Surveyors' Fund.
   (18) Consumer Affairs Fund.
   (19) Behavioral Sciences Fund.
   (20) Licensed Midwifery Fund.
   (21) Court Reporters' Fund.
   (22) Structural Pest Control Fund.
   (23) Veterinary Medical Board Contingent Fund.
   (24) Vocational Nurses Account of the Vocational Nursing and
Psychiatric Technicians Fund.
   (25) State Dental Auxiliary Fund.
   (26) Electronic and Appliance Repair Fund.
   (27) Geology and Geophysics Fund.
   (28) Dispensing Opticians Fund.
   (29) Acupuncture Fund.
   (30) Hearing Aid Dispensers Fund.
   (31) Physician Assistant Fund.
   (32) Board of Podiatric Medicine Fund.
   (33) Psychology Fund.
   (34) Respiratory Care Fund.
   (35) Speech-Language Pathology and Audiology Fund.
   (36) Board of Registered Nursing Fund.
   (37) Psychiatric Technician Examiners Account of the Vocational
Nursing and Psychiatric Technicians Fund.
   (38) Animal Health Technician Examining Committee Fund.
   (39) Structural Pest Control Education and Enforcement Fund.
   (40) Structural Pest Control Research Fund.
   (b) For accounting and recordkeeping purposes, the Professions and
Vocations Fund shall be deemed to be a single special fund, and each
of the several special funds therein shall constitute and be deemed
to be a separate account in the Professions and Vocations Fund.  Each
account or fund shall be available for expenditure only for the
purposes as are now or may hereafter be provided by law.
  SEC. 4.  Chapter 8.5 (commencing with Section 3901) of Division 2
of the Business and Professions Code is repealed.
  SEC. 5.  Chapter 2.35 (commencing with Section 1416) is added to
Division 2 of the Health and Safety Code, to read:

      CHAPTER 2.35.  NURSING HOME ADMINISTRATOR PROGRAM
      Article 1.  General Provisions

   1416.  This chapter shall be known and may be cited as the Nursing
Home Administrators' Act.
   1416.1  There is hereby established in the State Department of
Health Services a Nursing Home Administrator Program (NHAP), which
shall license and regulate nursing home administrators.
   1416.2.  (a) The following definitions shall apply to this
chapter:
   (1) "Department" means the State Department of Health Services.
   (2) "NHAP" or "program" means the Nursing Home Administrator
Program.
   (3) "State" means California, unless applied to the different
parts of the United States.  In this latter case, "state" includes
the District of Columbia and the territories.
   (4) "Nursing home" means any institution, facility, place,
building, or agency, or portion thereof, licensed as a skilled
nursing facility, intermediate care facility, or intermediate care
facility/developmentally disabled, as defined in Chapter 2
(commencing with Section 1250).  "Nursing home" also means an
intermediate care facility/developmentally disabled habilitative,
intermediate care facility/developmentally disabled-nursing, or
congregate living health facility, as defined in Chapter 2
(commencing with Section 1250), if a licensed nursing home
administrator is charged with the general administration of the
facility.
   (5) "Nursing home administrator" means an individual educated and
trained within the field of nursing home administration who carries
out the policies of the licensee of a nursing home and is licensed in
accordance with this chapter.  The nursing home administrator is
charged with the general administration of a nursing home, regardless
of whether he or she has an ownership interest and whether the
administrator's function or duties are shared with one or more other
individuals.
   (6) "Administrator-in-Training Program" or "AIT Program" means a
program that is approved by the NHAP in which qualified persons
participate under the coordination, supervision, and teaching of a
preceptor, as described in Section 1416.57, who has obtained approval
from the NHAP.
   (b) Nothing in this section shall be construed to allow the
program to have jurisdiction over an administrator of an intermediate
care facility/developmentally disabled-nursing or an intermediate
care facility/developmentally disabled habilitative, if the
administrator of the facility is not using licensure under this
chapter to qualify as an administrator in accordance with subdivision
(d) of Section 1276.5.
   (c) Nothing in this section shall be construed to define an
intermediate care facility/developmentally disabled-nursing or an
intermediate care facility/developmentally disabled habilitative as a
nursing home for purposes other than the licensure of nursing home
administrators under this chapter.
   1416.4.  The program shall adopt rules and regulations that are
reasonably necessary to carry out this chapter.  The rules and
regulations shall be adopted, amended, and repealed in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code.  To the extent that the
regulations governing the nursing home administrator program that
are in effect prior to January 1, 2002, are not in conflict with this
chapter, they shall remain in effect until new regulations are
implemented for purposes of this chapter.
   1416.6.  (a) It shall be a misdemeanor for any person to act or
serve in the capacity of a nursing home administrator, unless he or
she is the holder of an active nursing home administrator's license
issued in accordance with this chapter.  Persons carrying out
functions and duties delegated by a licensed nursing home
administrator shall not be acting in violation of this chapter.
   (b) (1) This chapter shall not apply to any person who serves as
an acting administrator as provided in this subdivision when a
licensed administrator is not available because of death, illness, or
any other reason.
   (2) A person who is acting as an administrator shall notify the
program in writing within five days of acting in this capacity and
provide factual information and specific circumstances necessitating
the use of an acting administrator.
   (3) No person shall act as an administrator for more than 10 days
unless arrangements have been made for part-time supervision of his
or her activities by a nursing home administrator who holds a license
or provisional license under this chapter.  Supervision shall
include at least 8 hours per week of direct onsite supervision by the
licensed administrator.  The program shall be notified in writing of
the nature of this arrangement.  No person shall act as an
administrator for more than two months without the written approval
of the program.  The program shall not approve a person to act as an
administrator for more than six months.
   (4) If the acting administrator is an administrator in training,
then the supervision required by paragraph (3) may be counted towards
the total hours of supervised training required by subdivision (f)
of Section 1416.57.
   (c) Notwithstanding subdivision (b), an individual acting as an
administrator for more than 10 days must have management experience
in a health facility.

      Article 2.  Administration

   1416.10.  In conformity with the requirements of Section 1908(c)
of the Social Security Act (42 U.S.C. Sec. 1396g(c)), the program
shall have all of the following powers and duties:
   (a) To develop, impose, and enforce standards that shall be met by
individuals in order to receive a license as a nursing home
administrator. At a minimum, the standards shall be designed to
ensure that nursing home administrators shall be individuals who have
not committed acts or crimes constituting grounds for denial of
licensure and who are qualified by training or experience in the
field of institutional administration to serve as nursing home
administrators.
   (b) To develop and apply procedures, including examinations and
investigations, for determining whether an individual meets the
standards.
   (c) To issue licenses to individuals who have been determined to
meet the standards, and to revoke or suspend licenses where grounds
exist for those actions.
   (d) To establish and carry out procedures designed to ensure that
individuals licensed as nursing home administrators will, during any
period that they serve as an administrator, comply with the required
standards.
   (e) To receive, investigate, and take appropriate action with
respect to any charge or complaint filed with the program alleging
that an individual licensed as a nursing home administrator has
failed to comply with the required standards.
   (f) To conduct studies of the administration of nursing homes
within the state, with a view to the improvement of the standards
imposed for the licensing of nursing home administrators, and of
procedures and methods for the enforcement of standards with respect
to administrators of nursing homes who have been licensed under this
chapter.
   (g) To receive and administer all funds and grants as are made
available to the program in order to carry out the purposes of this
chapter.
   (h) To encourage qualified educational institutions and other
qualified organizations to establish, provide, and conduct training
and instruction programs and courses that will enable all otherwise
qualified individuals to attain the qualifications necessary to meet
the standards set by the program for licensed nursing home
administrators, and to enable licensed nursing home administrators to
meet the continuing education requirements for the renewal of their
licenses.
   (i) To consult with and seek the recommendations of the
appropriate statewide professional societies, associations,
institutional organizations, and educational institutions in the
development of educational programs.
   (j) To give due consideration to the recommendations of the
National Advisory Council on Nursing Home Administration, in
accordance with the provisions of subdivision (f) of Section 1908 of
Title XIX of the Social Security Act (42 U.S.C. Sec. 1396g(f)).
   1416.12.  The following enforcement actions taken by the
department against a facility and the name of the licensed
administrator of the facility shall be reported to the program.
   (a) Temporary suspension orders.
   (b) Final decertification from the Medi-Cal or Medicare programs
based on failure to meet certification requirements.
   (c) Service of an accusation to revoke a facility's license.
   (d) All class "AA" citations and three class "A" citations issued
to a facility with the same administrator within a one-calendar year
period.  The department shall notify the program in the event that
citations are overturned or modified in citation review conference,
through binding arbitration, or on appeal.

      Article 3.  Licensing

   1416.20.  (a) The nursing home administrator licensing examination
shall cover the broad aspects of nursing home administration.
   (b) Unless otherwise provided in this article, every applicant for
an initial license as a nursing home administrator shall pass a
nursing home administrator licensing examination, which shall consist
of a state and national examination.  The state examination shall be
held at least four times a year, at a time and place determined by
the program.  The national examination is computer-based and shall be
scheduled by the applicant after the applicant is notified by the
program of his or her eligibility to take the examination.
   (c) If an applicant for licensure under this article, submits an
endorsement certificate from another state indicating that he or she
scored at least 75 percent on the national examination, the applicant
shall be required to take only the California state part of the
licensing examination.  If the applicant scored less than 75 percent
on the national examination, he or she shall take both the state and
national examination.
   1416.22.  (a) To qualify for the licensing examination, an
applicant must be at least 18 years of age, be a citizen of the
United States, be of reputable and responsible character, demonstrate
an ability to comply with this chapter, and comply with at least one
of the following requirements:
   (1) Have a master's degree in nursing home administration or a
related health administration field.  The master's program in which
the degree was obtained must have included an internship or residency
of at least 480 hours in a skilled nursing facility or intermediate
care facility.
   (2) (A) With regard to applicants who have a current valid license
as a nursing home administrator in another state and apply for
licensure in this state, meet the minimum education requirements that
existed in this state at the time the applicant was originally
licensed in the other state.
   (B) The minimum education requirements that have existed in
California are as follows:


Prior to 7/1/73                    None
From 7/1/73 to 6/30/74             30 semester units
From 7/1/74 to 6/30/75             45 semester units
From 7/1/75 to 6/30/80             60 semester units
From 7/1/80 to 1/1/02              Baccalaureate degree

   (3) A doctorate degree in medicine and a current valid license as
a physician and surgeon with 10 years of recent work experience, and
the completion of a program-approved AIT Program of at least 1,000
hours.
   (4) A baccalaureate degree, and the completion of a
program-approved AIT Program of at least 1,000 hours.
   (5) Ten years of recent full-time work experience, and a current
license, as a licensed registered nurse, and the completion of a
program-approved AIT Program of at least 1,000 hours.  At least the
most recent five years of the 10 years of work experience shall be in
a supervisory or director of nursing position.
   (6) Ten years of full-time work experience in any department of a
skilled nursing facility, an intermediate care facility, or an
intermediate care facility developmentally/disabled with at least 60
semester units (or 90 quarter units) of college or university
courses, and the completion of a program-approved AIT Program of at
least 1,000 hours.  At least the most recent five years of the 10
years of work experience shall be in a position as a department
manager.
   (7) Ten years of full-time hospital administration experience in
an acute care hospital with at least 60 semester units (or 90 quarter
units) of college or university courses, and the completion of a
program-approved AIT Program of at least 1,000 hours.  At least the
most recent five years of the 10 years of work experience shall be in
a supervisory position.
   (8) If the applicant and the preceptor provide compelling evidence
that previous work experience of the applicant directly relates to
nursing home administrator duties, the program may accept a waiver
exception to a portion of the AIT program that requires 1,000 hours.

   (b) The applicant shall submit an official transcript that
evidences the completion of required college and university courses,
degrees, or both.  An applicant who applies for the licensing
examination on the basis of work experience shall submit a
declaration signed under penalty of perjury, verifying his or her
work experience.  This declaration shall be signed by a licensed
nursing home administrator, physician and surgeon, chief of staff,
director of nurses, or registered nurse who can attest to the
applicant's work experience.
   1416.24.  (a) An application for a nursing home administrator
license shall be submitted to the program on a form provided by the
program, with the appropriate nonrefundable fee for any required
examination, the application, and licensure.  The application shall
contain information the program deems necessary to determine the
applicant's qualifications and a statement whether the individual has
been convicted of any crime other than a minor traffic violation.
Each applicant shall meet the current requirements for any required
examination and licensure.  Applicants for licensure shall submit
evidence of electronic transmission of fingerprints or fingerprint
cards to the program.
   (b) A completed application package, together with the examination
application, and licensure fees must be received by the program at
least 30 days prior to the examination date.
   (c) (1) The withdrawal of an application for a license after it
has been filed with the department shall not, unless the department
consents in writing to the withdrawal, deprive the department of its
authority to institute or continue a proceeding against the applicant
for the denial of the license upon any ground provided by law or to
enter an order denying the license upon that ground.
   (2) The suspension, expiration, or forfeiture by operation of law
of a license issued by the department, the suspension, forfeiture, or
cancellation by order of the department or a court of law of a
license, or the surrender without the written consent of the
department of a license, shall not deprive the department of its
authority to institute or continue a disciplinary proceeding against
the licensee upon any ground provided by law or to enter an order
suspending or revoking the license or otherwise taking disciplinary
action against the licensee on any grounds.
   (d) An application that is submitted to the program is valid for
only one year after the date of receipt.  An applicant who fails to
meet all requirements for licensure, including successfully passing
the national and state examinations during that one-year period,
shall be required to submit another application and appropriate
application and examination fees to the program before attempting
further examinations.
   (e) The program may extend the one-year period described in
subdivision (d) upon a showing of good cause.  For purposes of this
subdivision, good causes shall include, but shall not be limited to,
delays in the processing of the application, or delays in applying
for and taking the examination caused by illness, accident, or other
extenuating circumstances.
   (f) An applicant shall submit documentation and evidence to the
program of his or her eligibility for licensure.
   (g) At the time of the examination, the applicant shall read and
sign the Examination Security Agreement and comply with its terms.
   1416.26.  (a) As part of the application process for a nursing
home administrator license, an applicant shall submit to the
department two sets of completed fingerprint cards for a criminal
record clearance through the Department of Justice and the Federal
Bureau of Investigation.  As an alternative, the applicant may also
provide proof of electronic transmission of fingerprints to the
Department of Justice and the Federal Bureau of Investigation.  Upon
receipt of the fingerprints, the Department of Justice and the
Federal Bureau of Investigation shall notify the department of the
criminal record information.  If no criminal record information has
been recorded, the Department of Justice and the Federal Bureau of
Investigation shall provide the department with a statement of that
fact.
   (b) This criminal record clearance shall be completed prior to
issuing a license.  Applicants shall be responsible for any costs
associated with the criminal record clearance.  The fee to cover the
processing costs of the Department of Justice, not including the
costs associated with rolling the fingerprint cards, shall not exceed
thirty-two dollars ($32) per card for state fingerprints, and shall
not exceed twenty-four dollars ($24) per card for federal
fingerprints.
   1416.28.  (a) Notwithstanding any other law, the program shall at
the time of application, issuance, or renewal of a nursing home
administrator license require that the applicant or licensee provide
his or her federal employer identification number or his or her
social security number.
   (b) Any applicant or licensee failing to provide his or her
federal identification number or social security number shall be
reported by the program to the Franchise Tax Board and, if failing to
provide after notification pursuant to paragraph (1) of subdivision
(b) of Section 19528 of
the Revenue and Taxation Code, shall be subject to the penalty
provided in paragraph (2) of subdivision (b) of Section 19528 of the
Revenue and Taxation Code.
   (c) In addition to the penalty specified in subdivision (b), the
program may not process any application, original license, or renewal
of a license unless the applicant or licensee provides his or her
federal employer identification number or social security number
where requested on the application.
   (d) The program shall, upon request of the Franchise Tax Board,
furnish to the Franchise Tax Board the following information with
respect to every licensee:
   (1) Name.
   (2) Address or addresses of record.
   (3) Federal employer identification number or social security
number.
   (4) Type of license.
   (5) Effective date of license or renewal.
   (6) Expiration date of license.
   (7) Whether license is active or inactive, if known.
   (8) Whether license is new or a renewal.
   (e) The reports required under this section shall be filed on
magnetic media or in other machine-readable form, according to
standards furnished by the Franchise Tax Board.
   (f) The program shall provide to the Franchise Tax Board the
information required by this section at a time that the Franchise Tax
Board may require.
   (g) Notwithstanding Chapter 3.5 (commencing with Section 6250) of
Division 7 of Title 1 of the Government Code, the social security
number and federal employer identification number furnished pursuant
to this section shall not be deemed to be a public record and shall
not be open to the public for inspection.
   (h) Any deputy, agent, clerk, officer, or employee of the program
described in this chapter, any former officer or employee, or other
individual who in the course of his or her employment or duty has or
has had access to the information required to be furnished under this
chapter, may not disclose or make known in any manner that
information, except as provided in this section to the Franchise Tax
Board or as provided in subdivision (j).
   (i) It is the intent of the Legislature in enacting this section
to utilize the social security account number or federal employer
identification number for the purpose of establishing the
identification of persons affected by state tax laws and for purposes
of compliance with Section 17520 of the Family Code and, to that
end, the information furnished pursuant to this section shall be used
exclusively for those purposes.
   (j) If the program utilizes a national examination to issue a
license, and if a reciprocity agreement or comity exists between
California and the state requesting release of the social security
number, any deputy, agent, clerk, officer, or employee of the program
described in this chapter may release a social security number to an
examination or licensing entity, only for the purpose of
verification of licensure or examination status.
   1416.30.  (a) The program shall require compliance with any
judgment or order for support prior to issuance or renewal of a
license.
   (b) Each applicant for the issuance or renewal of a nursing home
administrator license, who is not in compliance with a judgment or
order for support shall be subject to Section 11350.6 of the Welfare
and Institutions Code.
   (c) "Compliance with a judgment or order of support" has the same
meaning as specified in paragraph (4) of subdivision (a) of Section
11350.6 of the Welfare and Institutions Code.
   1416.32.  (a) Prior to admission to the licensing examination, the
applicant shall read and sign an examination security agreement and
comply with its terms.
   (b) The program may deny, suspend, revoke, or otherwise restrict
the license of an applicant or a licensee for any of the following
acts:
   (1) Having or attempting to have an impersonator take the
examination on one's behalf.
   (2) Impersonating or attempting to impersonate another to take the
examination on that person's behalf.
   (3) Communicating or attempting to communicate about the
examination content with another examinee or with any person other
than the examination staff.  This includes divulging the content of
specific written examination items to examination preparation
providers.
   (4) Copying questions or making notes of examination materials or
revealing the content of the examination to others who are preparing
to take the NHAP examination or who are preparing others to take such
examination.
   (5) Obstructing or attempting to obstruct the administration of
the examination in any way.
   (c) It is a misdemeanor for any person to engage in any conduct
that subverts or attempts to subvert any licensing examination or the
administration of an examination, including, but not limited to, the
following conduct:
   (1) Conduct that violates the security of the examination
materials, removing from the examination room any examination
materials without authorization, the unauthorized reproduction by any
means of any portion of the actual licensing examination, aiding by
any means the unauthorized reproduction of any portion of the actual
licensing examination, paying or using professional or paid
examination-takers for the purpose of reconstructing any portion of
the licensing examination, obtaining examination questions or other
examination material, except by specific authorization either before,
during, or after an examination, using or purporting to use any
examination questions or materials that were improperly removed or
taken from any examination for the purpose of instructing or
preparing any applicant for examination, or selling, distributing,
buying, receiving, or having unauthorized possession of any portion
of a future, current, or previously administered licensing
examination.
   (2) Communicating with any other candidate during the
administration of a licensing examination, copying answers from
another examinee or permitting one's answers to be copied by another
examinee, having in one's possession during the administration of the
licensing examination any books, equipment, notes, written or
printed materials, or data of any kind, other than the examination
materials distributed, or otherwise authorized to be in one's
possession during the examination, or impersonating any examinee or
having an impersonator take the licensing examination on one's
behalf.
   (d) Nothing in this section shall preclude prosecution under the
authority provided for in any other provision of law.
   (e) In addition to any other penalties, a person found guilty of
violating this section, shall be liable for the actual damages
sustained by the agency administering the examination not to exceed
ten thousand dollars ($10,000) and the costs of litigation.
   (f) The proceedings under this section shall be governed by
Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the
Code of Civil Procedure.
   (g) The remedy provided for by this section shall be in addition
to, and not a limitation on, the authority provided for in any other
provision of law.
   1416.34.  (a) (1) In order to have a passing score on either the
national or state examination, an examinee shall earn a score of at
least 75 percent.
   (2) An applicant who fails to pass either the national or state
examination shall retake the entire national or state examination.
   (3) An applicant who fails to pass either the state or national
examination after three attempts shall receive additional training as
outlined by the program from a program-approved preceptor, prior to
participating in another examination.
   (b) The examination shall be administered and evaluated by either
of the following:
   (1) The department.
   (2) A contractor or vendor pursuant to a written agreement with
the program or department.
   (c) The results of the examination shall be provided to each
applicant in a timely manner, not to exceed 90 days from the date of
the examination.
   (d) The program shall issue a license to an applicant who
successfully passes the required examination and has satisfied all
other requirements for licensure.
   (e) A license shall be effective for a period of two years from
the date of issuance.
   (f) The program shall issue a provisional license to candidates
who meet the provisional licensure requirements established by this
chapter.
   (g) The program shall replace a lost, damaged, or destroyed
license certificate upon receipt of a written request from a licensee
and payment of the duplicate license fee.  A licensee shall complete
a request for a duplicate license on the required program form, and
then submit it to the program.
   (h) A licensee shall inform the program of the licensee's current
home address, mailing address, and if employed by a nursing facility,
the name and address of that employer.  A licensee shall report a
change in any of this information to the program within 30 calendar
days.  Failure of the licensee to provide timely notice to the
program may result in a citation penalty.  A licensee shall provide
to the program an address to be included in the public files.
   (i) A licensee shall display his or her license and show to anyone
upon request in order to inform patients or the public as to the
identity of the regulatory agency that they may contact if they have
questions or complaints regarding the licensee.
   1416.36.  (a) The fees prescribed by this chapter are as follows:

   (1) The application fee for reviewing an applicant's eligibility
to take the examination shall be twenty-five dollars ($25).
   (2) The application fee for persons applying for reciprocity
consideration licensure under Section 1416.40 shall be fifty dollars
($50).
   (3) The application fee for persons applying for the AIT Program
shall be one hundred dollars ($100).
   (4) The examination fees shall be:
   (A) Two hundred seventy-five dollars ($275) for an automated
national examination.
   (B) Two hundred ten dollars ($210) for an automated state
examination or one hundred forty dollars ($140) for a written state
examination.
   (5) The fee for an initial license shall be one hundred ninety
dollars ($190).
   (6) The renewal fee for an active or inactive license shall be one
hundred ninety dollars ($190).
   (7) The delinquency fee shall be fifty dollars ($50).
   (8) The duplicate license fee shall be twenty-five dollars ($25).

   (9) The fee for a provisional license shall be two hundred fifty
dollars ($250).
   (10) The fee for endorsement of credentials to the licensing
authority of another state shall be twenty-five dollars ($25).
   (11) The preceptor certification fee shall be fifty dollars ($50)
for each three-year period.
   (12) The biennial fee for approval of a continuing education
provider shall be one hundred fifty dollars ($150).
   (13) The biennial fee for approval of a continuing education
course shall be not more than fifteen dollars ($15).
   (b) Commencing July 1, 2002, fees provided in this section shall
be adjusted annually, as directed by the Legislature in the annual
Budget Act.  The proposed adjustment in the examination fees shall
not exceed the increase in the California Consumer Price Index,
except as provided in subdivision (d).  The department shall provide
an annual fiscal year program fee report to the Legislature each
April 1, commencing on April 1, 2002.
   (c) The department shall, by July 30 of each year, publish a list
of actual numerical fee charges as adjusted pursuant to this section.
  This adjustment of fees and the publication of the fee list shall
not be subject to the requirements of Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code.
   (d) If the revenue projected to be collected is less than the
projected costs for the budget year, the department may propose that
fees be adjusted by not more than twice the increase in the Consumer
Price Index.
   1416.38.  (a) The Nursing Home Administrator's State License
Examining Board Fund in the Professions and Vocations Fund in the
State Treasury is hereby renamed the Nursing Home Administrator's
State License Examining Fund and continued in existence in the State
Treasury.
   (b) Within 10 days after the beginning of every month, all fees
collected by the program for the month preceding, under this chapter,
shall be paid into the Nursing Home Administrator's State License
Examining Fund.
   (c) The funding paid into the Nursing Home Administrator's State
License Examining Fund shall be continuously appropriated to the
program for expenditures in the manner prescribed by law to defray
the expenses of the program and in carrying out and enforcing the
provisions of this chapter.
   1416.40.  (a) For purposes of this chapter, "reciprocity applicant"
means any applicant who holds a current license as a nursing home
administrator in another state has been licensed and in good
standing, has passed the national examination, and the applicant is
otherwise qualified.
   (b) An applicant who holds a current valid license as a nursing
home administrator in another state may be issued a one-year
provisional license as a reciprocity applicant pursuant to this
section.  The provisional license authorizes the holder to work in
this state at a licensed nursing facility during the one-year
licensure period.
   (c) The applicant shall obtain an application form from the
program, complete the form accurately, and, under penalty of perjury,
certify the experience, education, and criminal record history
information supplied in the application.  The applicant shall submit
the application to the program, along with any supporting documents
to substantiate the application and the applicable provisional,
examination, and licensure fees.
   (d) The provisional license may be granted to a reciprocity
applicant who complies with all of the following informational
requirements:
   (1) Provides a statement of health consistent with an ability to
perform the duties of a nursing home administrator.
   (2) Discloses the fact of and the circumstances surrounding any of
the following:
   (A) Conviction of any criminal law violation of any country,
state, or municipality, except minor traffic violations.  The
applicant shall submit appropriate criminal record information for
purposes of this subparagraph.
   (B) Any discipline affecting nursing home administrator licensure
in any state.
   (C) Any pending investigations or disciplinary actions concerning,
or surrender of, nursing home administrator licensure in any state.
The applicant shall submit an endorsement certificate to verify
state licensure and substantiate if he or she has no pending
investigation, disciplinary action, or surrender under this
subparagraph.
   (3) Submits official transcripts as evidence of completed college
or university courses and degrees.
   (4) Provides satisfactory evidence of current or recent employment
experience within the last five years as a licensed nursing home
administrator.
   (5) Submits proof that the applicant is at least 18 years of age.

   (e) The reciprocity applicant who holds a provisional license as
authorized by this section shall be required to pass the state
examination.  If the provisional licensee, fails to pass the state
examination within the one-year provisional licensure period, the
provisional license shall expire and no further reciprocity
accommodations shall be allowed.  The provisional license may not be
renewed or extended.  At the expiration of the provisional license
the applicant may seek licensure in this state through standard
procedures.
   1416.42.  (a) Except for provisional licenses issued pursuant to
Section 1416.40, each license issued pursuant to this chapter shall
expire 24 months from the date of issuance.
   (b) To renew an unexpired license the licensee shall, at least 30
days prior to the expiration of the license, submit an application
for renewal on a form provided by the program, accompanied by the
renewal fee.  An applicant may request either an active license or an
inactive license.  If an applicant requests an active license, he or
she shall submit proof of completion of the required hours of
program-approved continuing education.
   (c) A delinquency fee is payable for license renewals not received
by the program one day after the license expires.
   (d) A license which has expired may be reinstated within three
years following the date of expiration.  The licensee shall apply for
reinstatement on a form provided by the program and submit the
completed form together with the current fee for license renewal.  If
the licensee requests an active license, he or she shall furnish
proof of completion of the required hours of continuing education.
The reinstatement shall be effective on the date that the completed
application, including required fees, is submitted and approved.
   1416.44.  (a) Notwithstanding any other provision of law, a
licensee who permitted his or her license to expire while serving in
any branch of the armed services of the United States during a period
of war, as defined in subdivision (e), may, upon application,
reinstate his or her license without examination or penalty if the
following conditions are met:
   (1) His or her license was valid at the time he or she entered the
armed services.
   (2) The application for reinstatement is made while serving in the
armed services, not later than one year from the date of discharge
from active service or return to inactive military status, or within
three years following the license date of expiration whichever is the
most recent time period.
   (3) The application for reinstatement is accompanied by an
affidavit showing the date of entrance into the service, whether
still in the service or date of discharge, and the renewal fee for
the current renewal period in which the application is filed is paid.

   (4) The application for reinstatement indicates no criminal
convictions while absent from the profession.
   (b) If application for reinstatement is filed more than one year
after discharge or return to inactive status, the applicant, in the
discretion of the licensing program, may be required to pass an
examination and pay additional fees.
   (c) Unless otherwise specifically provided by law, any licensee
who, either part time or full time, practices in this state the
nursing home administrator profession shall be required to maintain
his or her license in good standing even though he or she is in
military service.
   (d) For the purposes in this section, time spent by a licensee in
receiving treatment or hospitalization in any veterans' facility
during which he or she is prevented from practicing his or her
profession or vocation shall be excluded in determining the periods
specified in paragraph (2) of subdivision (a).
   (e) As used in this section, "war" means any of the following
circumstances:
   (1) Whenever Congress has declared war and peace has not formally
been restored.
   (2) Whenever the United States is engaged in active military
operations against any foreign power, whether or not war has been
formally declared.
   (3) Whenever the United States is assisting the United Nations, in
actions involving the use of armed force, to restore international
peace and security.
   1416.45.  A licensee may not engage in licensed activity while his
or her license is suspended or revoked, or after it has expired.
   1416.46.  (a) A revoked license may not be renewed.
   (b) A licensee whose license has been revoked may petition the
program for reinstatement after a period of not less than one year
has elapsed from the effective date of the decision or from the date
of the denial of a similar petition.  The petitioner shall be
afforded an opportunity to present either oral or written argument
before the program.  The program shall decide the petition and the
decision shall include the reasons therefor, and any terms and
conditions that the program reasonably deems appropriate to impose as
a condition of reinstatement.
   1416.48.  A licensee who does not intend to engage in activity
requiring nursing home administrator licensure may file a request to
place his or her license in inactive status.  An inactive license is
subject to all requirements for renewal, including payment of fees,
but completion of continuing education is not required to renew an
inactive license.  However, proof of completion of 40 continuing
education credits during the last two years shall be submitted
together with an application for reinstatement of an active license.

   1416.50.  (a) For purposes of this chapter, "continuing education"
means any course of study offered by an educational institution,
association, professional society, or organization for the purpose of
providing continuing education for nursing home administrators.
   (b) This section shall govern the continuing education
requirements needed by a nursing home administrator to renew his or
her nursing home administrator license.
   (c) In order to renew a license, the applicant shall provide
evidence satisfactory to the program that he or she has completed 40
hours of program-approved continuing education courses, of which at
least 10 total hours shall be specifically in the area of aging or
patient care.
   (d) The continuing education courses to be approved for credit
toward the continuing education requirements may include the
following subject areas offered by accredited colleges, universities,
community colleges, or a training entity approved by the department.

   (1) Resident care.
   (2) Personnel management.
   (3) Financial management.
   (4) Environmental management.
   (5) Regulatory management.
   (6) Organizational management.
   (7) Patient care and aging.
   (e) No continuing education credit shall be allowed for courses
failed according to the institution's grading determination.
   (f) If the program finds that programs of training and instruction
conducted within the state are not sufficient in number or content
to enable nursing home administrators to meet requirements
established by law and this chapter, the program may approve courses
conducted within and without this state as sufficient to meet
educational requirements established by law and this chapter.  For
the purposes of this subdivision, the program shall have the
authority to receive funds in a manner consistent with the
requirements of the federal government.

      Article 4.  Training

   1416.55.  (a) An Administrator-in-Training Program (AIT Program)
shall be developed by the NHAP, in consultation with representatives
from the long-term care industry and advocacy groups.  The AIT
Program shall include, but not be limited to, all of the following
areas of instruction:
   (1) Orientation.
   (2) Administration and business office.
   (3) State and federal regulations governing long-term care
facilities.
   (4) Residents' rights and abuse prevention.
   (5) Staffing requirements and workforce retention.
   (6) Nursing services.
   (7) Resident activities.
   (8) Resident care.
   (9) Social services.
   (10) Dietary management.
   (11) Environmental care, including housekeeping, laundry, and
maintenance.
   (12) Financial management.
   (13) General management.
   (14) Government regulations.
   (15) Legal management.
   (16) Personnel management and training.
   (17) Consultants and contracts.
   (18) Medical records.
   (19) Public relations and marketing.
   (b) A person who seeks to satisfy requirements for admission to
licensure examinations through participation in an AIT Program shall
first receive approval to begin the AIT Program.  An applicant shall
successfully complete the AIT Program in a program-approved facility
under the coordination, supervision, and teaching of a preceptor who
has obtained certification from the program and continues to meet the
qualifications set forth in the rules and regulations of the
program.
   (c) In order to be eligible for the AIT Program, an applicant
shall submit an application package on forms provided by the NHAP,
and pay the applicable fees established by this chapter.  The
applicant shall be at least 18 years of age.
   (d) In addition to the requirements in subdivision (c), the
applicant shall meet one or a combination of the following
requirements to be eligible for the AIT Program:
   (1) A doctorate degree in medicine and a current valid license as
a physician and surgeon with at least 10 years of recent work
experience.
   (2) A baccalaureate degree.
   (3) Ten years of full-time work experience and a current valid
license as a registered nurse.  At least the most recent five years
of the 10 years of work experience shall be in a supervisory or
director of nursing position.
   (4) Ten years of full-time work experience in any department of a
skilled nursing facility, an intermediate care facility, or an
intermediate care facility/developmentally disabled with at least 60
semester units (or 90 quarter units) of college or university
courses.  At least the most recent five years of the 10 years of work
experience shall be in a position as a department manager.
   (5) Ten years of full-time hospital administration experience in
an acute care hospital with at least 60 semester units (or 90 quarter
units) of college or university courses.  At least the most recent
five years of the 10 years of work experience shall be in a
supervisory position.
   (e) The applicant shall submit an official transcript that
evidences the completion of required college or university courses,
degrees, or both.  An applicant who qualifies for the AIT Program on
the basis of work experience shall submit a declaration signed under
penalty of perjury verifying his or her work experience.  This
declaration shall be signed by a licensed nursing home administrator,
physician and surgeon, chief of staff, director of nurses, or
registered nurse who can attest to the applicant's work experience.
   1416.57.  (a) An individual may, upon compliance with the
requirements of this section, be approved by the program to be a
preceptor who is authorized to provide a training program in which
the preceptor coordinates, supervises, and teaches persons seeking to
meet specified requirements to qualify for the licensing examination
under this chapter.  The approval obtained under this section shall
be effective for a period of two years, after which the preceptor is
required to renew his or her preceptor status and attend a preceptor
training course provided by the program.
   (b) In order to qualify to be a preceptor, a person shall meet all
of the following conditions:
              (1) Be a current active California licensed nursing
home administrator.
   (2) Have no pending disciplinary actions.
   (3) Have served for at least two years as the designated
administrator of a California licensed nursing home or for at least
four years as the designated assistant administrator of a California
licensed nursing home.
   (4) Have gained experience in all administrative functions of a
nursing home.
   (c) The applicant seeking approval to be a preceptor shall submit
an application form provided by the program that requires the
applicant's name, address, birth date, the states and dates of
issuance of all professional licenses, including those as a nursing
home administrator, and any other information required by the
program.
   (d) At the time of application, for purposes of substantiating
that the conditions specified in subdivision (b) have been met, the
applicant shall provide satisfactory evidence of his or her
education, experience, and knowledge that qualifies him or her to
supervise the training of an AIT Program participant and verification
that the facilities at which the applicant has had direct management
control as an administrator had a continuous operating history, free
from major deficiencies, during the period of the applicant's
administration.
   (e) An applicant shall not be approved as a preceptor until the
applicant attends a preceptor's training seminar provided or approved
by the program.
   (f) (1) For purposes of this section, "AIT" means
Administrator-in-Training.
   (2) The following requirements shall apply to a preceptor approved
pursuant to this section:
   (A) The preceptor shall provide a directly supervised training
program that will include a minimum of 20 hours per week and a
maximum of 60 hours per week and be available at least by telephone
at all other times.  There shall be regular personal contact between
the preceptor and the AIT during the training program.  For purposes
of this subparagraph, "a directly supervised training program" means
supervision by a preceptor of an AIT during the performance of duties
authorized by this section.  The preceptor shall be available during
the AIT's performance of those duties.
   (B) The preceptor shall be the designated administrator of the
facility where the training is conducted.
   (C) The preceptor may not supervise more than two AIT trainees
during the same time period.
   (D) The preceptor shall inform the NHAP of any significant
training program changes dealing with his or her specific AIT.
   (E) The preceptor shall rate the AIT's training performance and
complete an AIT evaluation report at the end of the AIT's training.
   (F) The preceptor shall be evaluated by the program based on the
examination success and failure history of his or her AIT trainees
and the program may revoke or suspend preceptor certificates as
appropriate.

      Article 5.  Enforcement

   1416.60.  Each licensee shall, within 30 days, after each
appointment as the designated administrator of a nursing home and
after any termination of that appointment, notify the program.  Each
notification shall include the name of the administrator, the nursing
home administrator number assigned, the name and address of the
facility or facilities involved, and the date of the appointment or
termination.  All information provided pursuant to this section shall
be public information.
   1416.62.  The program shall maintain a current list of nursing
home administrators who have been placed on probation or had their
licenses suspended or revoked within the last three years.  The
program shall provide the current list of these administrators to
licensed nursing homes and the department district offices every six
months.  The current list shall also be available to the general
public upon request.
   1416.64.  (a) The program shall maintain a record of enforcement
actions reported to the program, pursuant to Section 1416.12.  The
program shall routinely review the citation logs and files of nursing
home administrators whose facilities have received citations from
the department to determine if remedial or disciplinary action
against the administrator is warranted based on the administrator's
involvement or culpability in the citations.  Regardless of the
facility's performance record, the program may initiate disciplinary
action against an administrator who violates any statute or
regulation governing licensed nursing home administrators.
   (b) Following receipt of reports on temporary suspension orders,
service of an accusation for facility license revocations, or final
decertification of a facility from participation in the Medi-Cal or
Medicare programs, due to failure to meet certification standards,
the program shall make a determination as to whether the evidence
available warrants remedial or disciplinary action against the
administrator or constitutes grounds for denial, suspension, or
revocation pursuant to Section 1416.76.
   (c) If the program determines that action against the
administrator is not warranted, the program shall document in the
file the reasons and specific circumstances for not taking remedial
or disciplinary action against the administrator's license.
   (d) The program shall consider all of the following prior to
making a determination to initiate disciplinary action:
   (1) Any information provided to the program by the administrator
pursuant to this section.
   (2) Whether the administrator was in fact the designated
administrator of the facility when the violation occurred, or the
designated administrator of the facility during the period of time
the citation covered.
   (3) Whether the administrator should have or could have prevented
the violation or violations that occurred.
   (e) Prior to making a final determination to initiate action
against an administrator, the program shall notify the administrator
that the program is considering action and provide the administrator
with an opportunity to show just cause why remedial or disciplinary
action should not be initiated.
   (f) If the program determines that grounds for remedial or
disciplinary action exist, the program may initiate either or both of
the following actions, as warranted:
   (1) Remedial action, including, but not limited to, a conference
with the administrator, a letter of warning, or both.
   (2) Disciplinary action, including, but not limited to, citations,
fines, formal letters of reprimand, probation, denial, suspension,
revocation of the administrator's license, or any combination of
these actions.
   1416.66.  (a) The program shall develop and make available a form
that may be utilized at the nursing home administrator's option to
provide the program with relevant information, documentation, and
background on any actions reported to the program pursuant Section
1416.12.
   (b) Any reports received pursuant to Section 1416.12 shall remain
in the administrator's file for five years, unless the program is
notified that the action has been modified or overturned.  Any
modification of an action shall be noted and documented in the
administrator's file.
   1416.68.  (a) It is the responsibility of the nursing home
administrator as the managing officer of the facility to plan,
organize, direct, and control the day-to-day functions of a facility
and to maintain the facility's compliance with applicable laws,
rules, and regulations.
   (b) The administrator shall be vested with adequate authority to
comply with the laws, rules, and regulations relating to the
management of the facility.
   (c) No licensee shall be cited for any violation caused by any
person licensed pursuant to the Medical Practice Act (Chapter 5
(commencing with Section 2000) of Division 2 of the Business and
Professions Code) if the person is independent of, and not connected
with, the facility and the licensee shows that he or she has
exercised reasonable care and diligence in notifying these persons of
their duties to the patients in the nursing facility.
   (d) The delegation of any authority by a licensee shall not
diminish the responsibilities of that licensee.
   1416.69.  (a) Within 24 hours after the nursing home administrator
acquires actual knowledge or credible information that any of the
events specified in subdivision (b) has occurred, the nursing home
administrator shall notify the department's district office for
licensing and certification of that knowledge or information.  This
notification may be in written form if it is provided by telephone
facsimile or overnight mail, or by telephone with a written
confirmation within five calendar days.  The information provided
pursuant to this subdivision may not be released to the public by the
department unless its release is needed to justify an action taken
by the department or it otherwise becomes a matter of public record.
A violation of this section may result in a citation.
   (b) All of the following occurrences shall require notification
pursuant to this section as long as the administrator has actual
knowledge of the occurrence:
   (1) The licensee of a facility receives notice that a judgment
lien has been levied against the facility or any of the assets of the
facility or the licensee.
   (2) A financial institution refuses to honor a check or other
instrument issued by the licensee to its employees for a regular
payroll.
   (3) The supplies, including food items and other perishables, on
hand in the facility fall below the minimum specified by any
applicable statute or regulation.
   (4) The financial resources of the licensee fall below the amount
needed to operate the facility for a period of at least 45 days based
on the current occupancy of the facility.
   (5) The licensee fails to make timely payment of any premiums
required to maintain required insurance policies or bonds in effect,
or any tax lien levied by any government agency.
   1416.70.  (a) The program shall establish a system for the
issuance of citations to licensees, examinees, or participants of any
program activity offered or approved by the program.  The citations
may contain an order of abatement, an order to pay an administrative
fine assessed by the program chief, or both, where the licensee,
examinee, or participant is in violation of any state or federal
statute or regulation governing licensed nursing home administrators.

   (b) The system shall contain all of the following provisions:
   (1) Citations shall be in writing and shall describe with
particularity the nature of the violation, including specific
reference to the provision of law determined to have been violated.
   (2) Where appropriate, the citation shall contain an order of
abatement fixing reasonable time for abatement of the violation.
   (3) (A) Administrative fines assessed by the program shall be
separate from and shall not preclude the levying of any other fines
or any civil or criminal penalty.
   (B) In no event shall the administrative fine assessed by the
program be less than fifty dollars ($50) or exceed two thousand five
hundred dollars ($2,500) for each violation.  The total assessment
shall not exceed ten thousand dollars ($10,000) for each
investigation or for counts involving fraudulent billings submitted
to insurance companies, Medi-Cal, or Medicare programs.
   (4) In assessing a fine, the program shall give due consideration
to the appropriateness of the amount of the fine with respect to
factors such as the gravity of the violation, the good faith effort
of the licensee, examinee, or participant, the unprofessional
conduct, including, but not limited to, incompetence and negligence
in the performance of the duties and responsibilities of an
administrator, the extent to which the cited person has mitigated or
attempted to mitigate any damage or injury caused by his or her
violation, whether the violation was related to patient care, the
history of any previous violations, and other matters as may be
appropriate.
   (5) A citation or fine assessment issued pursuant to a citation
shall inform the licensee, examinee, or participant, that if he or
she desires a hearing to contest the finding of a violation, the
hearing shall be requested by written notice to the program within 30
days after the date of issuance of the citation or assessment.  A
licensee may, in lieu of contesting a citation pursuant to this
section, transmit to the state department 75 percent of the amount
specified in the citation for each violation within 15 business days
after the issuance of the citation.
   (6) Failure of a licensee, examinee, or participant to pay a fine
within 30 days of the date of the assessment, unless the citation is
being appealed, may result in further disciplinary action being taken
by the program.  Where a citation is not contested and a fine is not
paid, the full amount of the assessed fine, along with any accrued
penalty interest, shall be added to the fee for renewal of the
license.  A license shall not be renewed without payment of the
renewal fee, fine, and accrued interest penalty.  A citation may be
issued without the assessment of an administrative fine.
   (c) Assessment of administrative fines may be limited to only
particular violations of the applicable licensing act.
Notwithstanding any other provisions of law, where a fine is paid to
satisfy an assessment based on the finding of a violation, payment of
the fine shall be represented as satisfactory resolution of the
matter for purposes of public disclosures.  Administrative fines
collected pursuant to this section shall be deposited in the Nursing
Home Administrator's State License Examining Fund.
   1416.72.  (a) The program may issue a citation to any person who
holds a license from the program and who violates any statute or
regulation governing licensed nursing home administrators.
   (b) Any licensee served with a citation may contest the citation
by appeal to the program within 30 days of service of the citation.
Appeals shall be conducted pursuant to Section 100171.
   (c) In addition to requesting a hearing before an administrative
law judge, the licensee may, within 10 days after service of the
citation, notify the department in writing of his or her request for
an informal conference with the department regarding the violations
cited in the citation.  At the time of requesting an informal
conference, the licensee shall inform the department whether he or
she shall be represented at the informal conference by legal counsel.
  Failure to notify the department of legal representation shall not
result in forfeiture of the right to have legal counsel present.
Unless the request for an informal hearing is made within the 10-day
period, the licensee's right to an informal hearing is deemed waived.

   (d) The department shall hold an informal conference with the
licensee and, if applicable, his or her legal counsel or authorized
representatives.  At the conclusion of the informal conference the
department may affirm, modify, or dismiss the citation, including any
administrative fine levied, or order of abatement issued.
   (e) The licensee does not waive his or her request for a hearing
to contest a citation by requesting an informal conference.  If the
citation is dismissed after the informal conference, the request for
a hearing on the matter of the citation shall be deemed to be
withdrawn.  If the citation, including any administrative fine levied
or order of abatement, is modified or affirmed, the citation shall
be upheld and the licensee shall, within 15 working days from the
date the citation review conference decision was rendered, notify the
director or the director's designee that he or she wishes to appeal
the decision through the procedures set forth in Section 100171.
   1416.74.  (a) The time allowed for abatement of violation shall
begin the first day after the order of abatement has been served or
received.  If a licensee who has been issued an order of abatement is
unable to complete the correction within the time set forth in the
citation because of conditions beyond his or her control after the
exercise of reasonable diligence, the licensee may request from the
program an extension of time in which to complete the correction.
The request shall be in writing and made within the time set for
abatement.
   (b) An order of abatement shall either be personally served upon
the licensee or mailed by certified mail, return receipt requested.
   (c) When an order of abatement is not contested, or if the order
is appealed and the licensee does not prevail, failure to abate the
violation cited within the time specified in the citation shall
constitute a violation and failure to comply with the order of
abatement.  Where a licensee has failed to correct a violation within
the time specified in the citation the department shall assess the
licensee a civil penalty in the amount of fifty dollars ($50) for
each day that the violation continues beyond the date specified in
the citation.  If the licensee disputes a determination by the
department regarding alleged failure to correct a violation or
regarding the reasonableness of the proposed deadline for correction,
the licensee may request an informal conference to contest the
determination.
   (d) Any unpaid administrative fine shall begin accruing a
7-percent interest penalty on the unpaid balance due.  This interest
shall continue to accrue until the administrative fine and interest
are paid in full.
   1416.75.  The program may deny, or may suspend or revoke, a
license upon any of the following grounds:
   (a) Gross negligence.
   (b) Incompetence.
   (c) The conviction of any crime involving dishonesty or which is
substantially related to the qualifications, functions, or duties of
a nursing home administrator.  A conviction following a plea of nolo
contendere is deemed to be a conviction within the meaning of this
section.
   (d) Using fraud or deception in applying for a license or in
taking the examination provided for in this chapter.
   (e) Treating or attempting to treat any physical or mental
condition without being currently licensed to do so.
   (f) Violating Section 650 of the Business and Professions Code,
any provision of this chapter, or any rule or regulation of the
program adopted pursuant to this chapter.
   (g) Lack of any qualification requirement for the license.
   (h) Failure to report under Section 1416.60 to the program,
without just cause.
   1416.76.  (a) The program may deny a nursing home administrator
applicant or licensee, a license, based on one of the following
grounds:
   (1) Conviction of a crime.  A conviction within the meaning of
this section means a plea or verdict of guilty or a conviction
following a plea of nolo contendere.  The program may take action
following the establishment of a conviction after the time for appeal
has elapsed, or the judgment of conviction has been affirmed on
appeal, or when an order granting probation is made suspending the
imposition of sentence, irrespective of a subsequent order under
Section 1203.4 of the Penal Code.
   (2) Commits any act involving dishonesty, fraud, or deceit with
the intent to substantially benefit himself or herself or another, or
substantially injure another.
   (3) Commits any act which, if done by a licentiate, would be
grounds for suspension or revocation of license.  The program may
deny a license pursuant to this subdivision only if the crime or act
is substantially related to the qualifications, functions, or duties
of a nursing home administrator.
   (b) Notwithstanding any other provision of this chapter, no person
shall be denied a license solely on the basis that he or she has
been convicted of a felony if he or she has obtained a certificate of
rehabilitation under Section 4852.01 of the Penal Code, or that he
or she has been convicted of a misdemeanor and has met all applicable
requirements of the criteria of rehabilitation developed by the
program pursuant to subdivision (f).
   (c) The program may deny a nursing home administrator license on
the ground that the applicant knowingly made a false statement of
fact required to be revealed in the application for the license.
   (d) The program may suspend or revoke a license on the ground that
the applicant or licensee has been convicted of a crime, as defined
in paragraph (1) of subdivision (a), if the crime is substantially
related to the qualifications, functions, or duties of a nursing home
administrator.
   (e) The program shall develop criteria to use to determine whether
a crime or act is substantially related to the qualifications,
functions, or duties of a nursing home administrator, and shall use
the criteria when considering the denial, suspension, or revocation
of a license.
   (f) The program shall develop criteria to be used by the program
to evaluate the rehabilitation of a person when considering the
denial, suspension, or revocation of a license under this section.
   (g) The program shall take into account all competent evidence of
rehabilitation furnished by the applicant or licensee pursuant to the
evaluation process set forth in subdivision (f).
   1416.77.  The program may deny, or may suspend or revoke, a
nursing  home administrator license or participation in specific
training program areas under this chapter upon any of the following
grounds:
   (a) Misappropriation of funds or property of the facility, the
patients, or of others.
   (b) Using fraud, deception, or misrepresentation in applying for
the AIT Program, the examination for licensure, or any other program
functions provided for in this chapter.
   (c) Procuring a nursing home license by fraud, deception, or
misrepresentation.
   (d) Impersonating any applicant or acting as a proxy for an
applicant in an examination.
   (e) Impersonating any licensed nursing home administrator.
   (f) Treating or attempting to treat any physical or mental
condition without having a valid license to do so.
   (g) Violating Section 650 of the Business and Professions Code,
any provisions of this chapter, or any rule or regulation of the
program adopted pursuant to this chapter.
   (h) Lack of any qualification requirement for a license,
participation in the AIT Program or preceptor program.
   (i) A pattern of failure to report changes under Section 1416.60
to the program without just cause.
   (j) Failure to comply with this chapter or the laws, rules, and
regulations relating to health facilities.
   (k) The commission of any dishonest, corrupt, or fraudulent act or
any act of physical or mental, including sexual, abuse of any person
in connection with the administration of, or any patient in, a
nursing home.
   (l) Violation by the licensee of any of the provisions of this
chapter or of the rules and regulations promulgated under this
chapter.
   (m) Aiding, abetting, or conspiring with another person to violate
provisions of this chapter or of the rules and regulations
promulgated under this chapter.
   (n) Violation of the examination security agreement.
   1416.78.  (a) The program may place a nursing home administrator
license on probation in lieu of formal action to suspend or revoke
the license if the department determines that probation is the
appropriate action.  Upon successful completion of the probation
period, the license shall be restored to regular status.
   (b) The probationary license shall be based upon an agreement
entered into between the licensee and the program that specifies
terms and conditions of licensure during the probationary period.
The terms and conditions shall be related to matters, including, but
not limited to, work performance, rehabilitation, training,
counseling, progress reports, and treatment programs.
   (c) The term of the probationary license shall not exceed two
years.  If the licensee successfully completes the term of probation,
as determined by the department, no further action shall be taken
upon the allegations that were the basis for the probationary
license.  If the licensee fails to comply with the terms and
conditions of the probationary license agreement, the department may
proceed with a formal action to suspend or revoke the license.
   1416.80.  Upon the determination to deny application for licensure
for grounds specified in Section 1416.77, the program shall
immediately notify the applicant in writing by certified mail.  A
petition for an administrative hearing must be received by the
program within 20 business days of receipt of notification.  Upon
receipt, the department shall set the matter for administrative
hearing, pursuant to procedures specified in Section 100171.
   1416.82.  (a) Proceedings to suspend or revoke licensure for
grounds specified in Section 1416.77 shall be conducted in accordance
with Section 100171.  In the event of conflict between this chapter
and Section 100171, Section 100171 shall prevail.
   (b) (1) The program may temporarily suspend any license prior to
any hearing if the action is necessary to protect the public welfare.
  The program shall notify the licensee of the temporary suspension
and the effective date.  Upon receipt of a notice of defense by the
licensee, the department shall set the matter within 15 days.  The
administrative hearing conducted in accordance with Section 100171
shall be held as soon as possible but not later than 30 days after
receipt of the notice.  The temporary suspension shall remain in
effect until the hearing is completed and the department has made a
final determination on the merits.  However, the temporary suspension
shall be deemed vacated if the department fails to make a final
determination on the merits of the action within 60 days after the
original hearing has been completed.  If the provisions of this
chapter or the rules or regulations promulgated by the director are
violated by a licensee, the director may suspend the license for the
violation.
   (2) If the program determines that the temporary suspension shall
become an actual suspension, the department shall specify the period
of the suspension, not to exceed two years.  The program may
determine that the suspension shall be stayed, and place the licensee
on probation for a period that shall not exceed two years.
   (c) The program may suspend or revoke a license prior to any
hearing when immediate action is necessary in the judgment of the
director to protect the public welfare.  Proceedings for immediate
revocation shall be conducted in accordance with Section 100171.  The
department shall set the matter for hearing within 15 days and hold
the administrative hearing as soon as possible but not later than 30
calendar days from receipt of the request for a hearing.  A written
hearing decision
upholding or setting aside the action shall be sent by certified mail
to the licenseholder within 30 calendar days of the hearing.
   1416.84.  Whenever any person has engaged, or is about to engage,
in any acts or practices that constitute, or will constitute, a
violation of this chapter, the superior court in and for the county
in which those acts or practices take place, or are about to take
place, may issue an injunction or other appropriate order,
restraining the conduct, on application of the program, to the
Attorney General, or the district attorney.
   1416.86.  If any provision of this chapter, or the application
thereof to any person or circumstance, is held invalid, that
invalidity shall not affect other provisions or applications of this
chapter that can be given effect without the invalid provision or
application, and to this end the provisions of this chapter are
declared to be severable.
  SEC. 6.  Section 1429.5 of the Health and Safety Code is repealed.

  SEC. 7.  Section 1.5 of this bill incorporates amendments to
Section 101 of the Business and Professions Code proposed by this
bill and SB 26.  It shall only become operative if (1) both bills are
enacted and become effective on or before January 1, 2002, (2) each
bill amends Section 101 of the Business and Professions Code, and (3)
this bill is enacted after SB 26, in which case Section 101 of the
Business and Professions Code, as amended by SB 26, shall remain
operative only until the operative date of this bill, at which time
Section 1.5 of this bill shall become operative, and Section 1 of
this bill shall not become operative.
  SEC. 8.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.