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|NURSING HOME ADMINISTRATOR LICENSURE |

|EXAM REVIEW COURSE |

( Illinois Exam ◘ MODULE 2

referencsection

Nursing Home Administrator Rules

( Speed Reader

Examination 1

Stan Mucinic, LNHA

LEGAL NOTICES

Students enrolled in the “Illinois Nursing Home Administrator Licensing Course” are purchasing professional knowledge of the instructor to assist the student to prepare for the State Laws and Rules Exam administered by the State of Illinois.

This is a 3-week intensive independent study program designed to provide students a unique personalized and structured learning environment where progress is monitored by the instructor through email to help students maintain focus and complete scheduled assignments timely.

THE INSTRUCTOR MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION OF ANY KIND THAT COMPLETION OF THIS OR ANY LICENSURE PREPARATION COURSE OFFERED BY INSTRUCTOR WILL GUARANTEE A PASSING SCORE ON ANY LICENSING EXAM.

An individual’s ultimate success in passing the licensure exam is dependent on an individual’s professional experience, academic preparation, and the time and energy the individual can commit to exam study and preparation. A student’s work schedule or other commitments may require more time to prepare for an exam than allotted by NAB or state licensing boards. The student is solely responsible for licensing exam registration/testing and retesting fees.

HOW TO USE THE STUDY GUIDES

Step 1 – VERY IMPORTANT - The personalized test organizer that comes with the program is the key to your success and sets this program apart from any other. It is critical you follow the instructions and score each exam, and file the completed exams into your binder. Try to keep to the schedule and email your test results to the instructor to stay focused.

Step 2. - Speed Reader – Read the speed reader for each module once or twice before taking the module exam(s). Read the speed reader over and over again until you familiarize yourself with its contents. THE MORE TIMES YOU LOOK IT THE MORE LIKELY YOU ARE TO REMEMBER IT.

Step 3 – Exam Packet - The exam packet contains questions designed to measure your comprehension and retention of the material you read. Take each exam over and over again until you score 100%. Make sure you score each exam and record the results in your organizer or you will not be able to gauge your progress.

Contact Information

Email Stan Mucinic at smucinic@ with any questions and after you score each practice exam

Section 1 - Licensure

1.1 – DEFINITIONS

1. "BOARD" MEANS THE ILLINOIS NURSING HOME ADMINISTRATORS LICENSING AND DISCIPLINARY BOARD.

2. "Department" means the Illinois Department of Financial and Professional Regulation.

3. “Secretary” means the secretary of the Department of Financial and Professional Regulation

4. "Nursing home administrator" means a person who is licensed to engage in the practice of nursing home administration in this state

5. "Practice of nursing home administration" means any service requiring nursing home administration education, training, or experience

6. Nursing home" means any entity that provides personal care and nursing for 3 or more persons, not related to the owner by blood or marriage, who by reason of illness of physical infirmity require personal care and nursing.

1.2 – Application for Licensure and Examination

1. EVERY LICENSE EXPIRES ON NOVEMBER 30 OF EACH ODD NUMBERED YEAR

2. A nursing home administrator’s license is valid for 2 years and must be renewed biennially

3. Must apply to the Department of Health for a nursing home administrator license

4. If an applicant neglects, fails or refuses to take an examination or fails to pass an examination for a license within 3 years after filing his or her licensure application, the application will be denied and the examination will be void.

5. An applicant may resubmit a new application for examination accompanied by the required fee, and must furnish proof of meeting qualifications for examination in effect at the time of new application.

6. An applicant has one year from the date of notification of successful completion of the examination to apply to the Department for a license.

7. If an applicant fails to apply within one year, the applicant shall be required to again take and pass the examination.

1.3 - Qualifications for Licensure

1. AN APPLICANT FOR LICENSURE MUST MEET ONE OF THE FOLLOWING REQUIREMENTS TO TAKE THE EXAM:

 

a) Graduation from an accredited college or university with the minimum of a Baccalaureate Degree in any subject; or

b) Completion of an approved course of instruction in nursing home administration; or

c) Graduation from a three year diploma nurse program and an Employer's Affidavit certifying to two years of qualifying experience as either

1) Two years of full-time employment as an assistant nursing home administrator or director of nursing in a facility licensed by the Illinois Department of Public Health pursuant to the Nursing Home Care Act;

2) Two years of management experience in a corporation which owns and operates licensed nursing home facilities.  This experience shall include direct contact with the nursing home administrator in the implementing, coordinating, supervising, and evaluating the daily operations of the nursing homes under his charge and ensuring that the laws, regulations, policies, and procedures for nursing home facilities or related facility were implemented and followed. or

e) An associate degree or a minimum of 60 semester hours or 90 quarter hours of credit earned from an accredited college or university and an Employer's Affidavit certifying to two years of either

a) Two years of full-time employment as an assistant nursing home administrator or director of nursing in a facility licensed by the Illinois Department of Public Health pursuant to the Nursing Home Care Act;

b) Two years of management experience in a corporation which owns and operates licensed nursing home facilities.  This experience shall include direct contact with the nursing home administrator in the implementing, coordinating, supervising, and evaluating the daily operations of the nursing homes under his charge and ensuring that the laws, regulations, policies, and procedures for nursing home facilities or related facility were implemented and followed.

1.4 - Licensure by Endorsement

1. A LICENSE BY ENDORSEMENT IS ISSUED TO AN NHA FROM ANOTHER STATE SEEKING LICENSURE IN THIS STATE THAT:

a) Holds a valid active license from another state

b) Has at high school diploma or GED

c) Successfully completed the national examination

d) Has passed or will pass the Illinois laws and rules exam

Certification of graduation from high school or a GED;

e) Certified records of education and experience of any one of the following:

1) Graduation from an accredited college or university with the minimum of a Baccalaureate Degree (with no work experience requirement); or

2) Completion of an approved course of instruction in nursing home administration (with no work experience requirement; or

3) Graduation from a three year diploma nurse program and an Employer's Affidavit certifying to two years of qualifying experience as either

a) Two years of full-time employment as an assistant nursing home administrator or director of nursing in a facility licensed by the Illinois Department of Public Health pursuant to the Nursing Home Care Act;

b) Two years of management experience in a corporation which owns and operates licensed nursing home facilities.  This experience shall include direct contact with the nursing home administrator in the implementing, coordinating, supervising, and evaluating the daily operations of the nursing homes under his charge and ensuring that the laws, regulations, policies, and procedures for nursing home facilities or related facility were implemented and followed. or

4. An associate degree or a minimum of 60 semester hours or 90 quarter hours of credit earned from an accredited college or university and an Employer's Affidavit certifying to two years of either:

a) Two years of full-time employment as an assistant nursing home administrator or director of nursing in a facility licensed by the Illinois Department of Public Health pursuant to the Nursing Home Care Act;

b) Two years of management experience in a corporation which owns and operates licensed nursing home facilities.  This experience shall include direct contact with the nursing home administrator in the implementing, coordinating, supervising, and evaluating the daily operations of the nursing homes under his charge and ensuring that the laws, regulations, policies, and procedures for nursing home facilities or related facility were implemented and followed.

5. The requirements of the state of original licensure must be equivalent to Illinois licensing requirements.

1.5 - Temporary License

1. A TEMPORARY LICENSE IS ISSUED WHEN THE NURSING HOME ADMINISTRATOR OF RECORD UNEXPECTEDLY DIES, RESIGNS, ABANDONS THEIR POSITION OR IS UNABLE TO SERVE AS THE ADMINISTRATOR FOR ANY REASON AND THE FACILITY NEEDS TO FILL THAT POSITION QUICKLY

2. The temporary license will be issued to an individual who meets one of the following qualifications:

1) Graduation from an accredited college or university with the minimum of a Baccalaureate Degree; or

2) Completion of an approved course of instruction in nursing home administration; or

3) Graduation from a three year diploma nurse program and an Employer's Affidavit certifying to two years of qualifying experience as either

A. Two years of full-time employment as an assistant nursing home administrator or director of nursing in a facility licensed by the Illinois Department of Public Health pursuant to the Nursing Home Care Act;

B. Two years of management experience in a corporation which owns and operates licensed nursing home facilities.  This experience shall include direct contact with the nursing home administrator in the implementing, coordinating, supervising, and evaluating the daily operations of the nursing homes under his charge and ensuring that the laws, regulations, policies, and procedures for nursing home facilities or related facility were implemented and followed. or

C. An associate degree or a minimum of 60 semester hours or 90 quarter hours of credit earned from an accredited college or university and an Employer's Affidavit certifying to two years of qualifying experience as either:

a) Two years of full-time employment as an assistant nursing home administrator or director of nursing in a facility licensed by the Illinois Department of Public Health pursuant to the Nursing Home Care Act;

b) Two years of management experience in a corporation which owns and operates licensed nursing home facilities.  This experience shall include direct contact with the nursing home administrator in the implementing, coordinating, supervising, and evaluating the daily operations of the nursing homes under his charge and ensuring that the laws, regulations, policies, and procedures for nursing home facilities or related facility were implemented and followed.

3. A temporary license is issued for 60 days

4. This 60-day period may be extended until the next Board meeting if action by the Board is required. 

5. The applicant must keep a copy of the submitted application on the premises where the applicant is engaged in the practice as a nursing home administrator. 

6. The authority to practice will terminate immediately upon the denial of licensure by the Department or the withdrawal of the application.

7. The holder of a temporary license is only be authorized to serve as administrator of the facility indicated on the application. 

8. A temporary license as an administrator becomes void and shall be surrendered upon the termination, or interruption, of the holder's service as an administrator to the facility for which the temporary license was granted

9. A temporary license may be extended up to an additional 12 months but in any case will be void after 1 year from the date of issuance unless the applicant passes the licensing exams or the temporary license is terminated for whatever reason 

10. No permanent license will be issued until the temporary license has been returned to the Department. 

11. An individual shall be issued only one temporary license.

1.6 - INACTIVE OR EXPIRED LICENSE

1. ANY NURSING HOME ADMINISTRATOR MAY PLACE THEIR LICENSE ON INACTIVE STATUS AND WILL BE EXCUSED FROM PAYMENT OF RENEWAL FEES AND COMPLETION OF CONTINUING EDUCATION REQUIREMENTS UNTIL HE OR SHE NOTIFIES THE DEPARTMENT IN WRITING OF HIS OR HER INTENT TO RESTORE HIS OR HER LICENSE.

2. Any nursing home administrator requesting restoration from inactive status is required to pay the current renewal fee and to restore his or her license, as provided by rule of the Department.

3. Any nursing home administrator whose license is in an inactive status shall not practice as a nursing home administrator in the State of Illinois.

4. Any licensee who shall practice as a nursing home administrator while his or her license is lapsed or on inactive status shall be considered to be practicing without a license which shall be grounds for discipline

1.7 - INACTIVE OR EXPIRED FOR 5 YEARS OR LESS

1. A person seeking restoration of a license which has expired for 5 years or less (and was not placed on inactive status) can have their license restored upon payment of $20 plus all lapsed renewal fees and proof of the successful completion of 36 hours of continuing education or 3 semester hours of completed college level course work during the 2 years prior to restoration.

2. A person seeking restoration of a license which has been placed on inactive status for 5 years or less shall have the license restored upon payment of the current renewal fee and proof of the successful completion of 36 hours of continuing education or 3 semester hours of completed college level course work during the 2 years prior to restoration.

1.8 - INACTIVE OR EXPIRED FOR MORE THAN 5 YEARS

1. A person applying for restoration of a license as a nursing home administrator which has been expired or on inactive status for more than 5 years shall file an application with the Department, together with proof of 36 hours of continuing education or 3 semester hours of completed college level course work iduring the 2 years prior to restoration and the fee The applicant shall also:

a) Submit certification of licensure as a nursing home administrator in another jurisdiction and active practice for 3 of the last 5 years prior to application. Such certification of licensure shall include a statement from the appropriate board of licensing authority in another jurisdiction that the licensee was licensed and in good standing; or

b) Submit an affidavit attesting to military service; or

c) Submit proof of an additional 36 hours of continuing education completed within 2 years prior to restoration application; or

d) Must pass both portions of the examination again

1.9 - Notification of Change of Address or Employing Facility

1. A LICENSEE MUST KEEP THE BOARD OFFICE INFORMED OF THEIR CURRENT MAILING ADDRESS AT ALL TIMES

1.10- Spiritual Exemption

1. AN ADMINISTRATOR OF ANY FACILITY OR INSTITUTION OPERATED BY AND FOR PERSONS WHO RELY EXCLUSIVELY UPON TREATMENT BY SPIRITUAL MEANS THROUGH PRAYER, IN ACCORDANCE WITH THE CREED OR TENETS OF ANY ORGANIZED CHURCH OR RELIGIOUS DENOMINATION DO NOT HAVE TO BE LICENSED IF THE ADMINISTRATOR IS EMPLOYED ONLY TO ADMINISTER IN SUCH FACILITIES OR INSTITUTIONS FOR THE CARE AND TREATMENT OF THE SICK.

Section 2 - CONTINUING EDUCATION

2.1 - CONTINUING EDUCATION FOR LICENSURE RENEWAL.

Must complete 36 hours of continuing education per bi-annum (every 2 years)

Newly licensed Nursing Home Administrator is exempt from continuing education requirements prior to the first renewal of his license

Renewal must have statement declaring the licensee completed all required courses

Each licensee must maintain all necessary documentation to prove completion of courses if randomly audited by Board

Activities for which CE credit may be earned are as follows:

 

a. Verified attendance or participation in any continuing education course approved by the National Continuing Education Review Service of the National Association of Boards of Examiners of Nursing Home Administrators.

b. A maximum of 12 hours per pre-renewal period for:

1) papers prepared or delivered before recognized nursing home administration and nursing home organizations;

2) papers published in nationally recognized nursing home administration journals;

3) a chapter in a book of nursing home administration;

4) self-study courses taken through an accredited college or university or an approved sponsor; and

5) teleconferencing with a live moderator through an accredited college or university or an approved sponsor.

 

D. A licensee who serves as an instructor, speaker or discussion leader of an approved course will be allowed CE course credit for actual presentation time, plus actual preparation time of up to 2 hours for each hour of presentation. 

E. The continuing education hours used to satisfy the CE requirements for renewal of a nursing home administrator license held in another jurisdiction shall be applied to fulfillment of the CE requirements for renewal of an Illinois nursing home administrator license.

F. Courses that are part of the curriculum of a university, college or other educational institution shall be allotted CE credit at the rate of 12 CE hours for each semester hour or 8 CE hours for each quarter hour of school credit awarded..

G. A CE hour equals 60 minutes.   After completion of the initial CE hour, credit may be given in one-half hour increments.

H. No credit will be  given for activities including, but not limited to, attendance at meetings or reading of journals.

7. Proof of attendance must be signed by the program provider

2.2 - Approved Providers

1. CONTINUING EDUCATION PROVIDERS MUST BE APPROVED BY THE BOARD

2. Continuing education offered prior to obtaining approval will not be recognized

SECTION 3 PROFESSIONAL CONDUCT STANDARDS

 

1. The Department may suspend or revoke a license, refuse to issue or renew a license or take other disciplinary action, based upon its finding of "unethical, unauthorized, or unprofessional conduct" as evidenced by the following acts or practices:

 

e) Practicing, condoning, facilitating or collaborating with any form of discrimination against any person or group on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, mental or physical handicap, or any other preference or personal characteristic, condition or status.

f) Engaging in the sexual exploitation of clients.

g) Engaging in or condoning sexual harassment, which is defined as deliberate or repeated comments, gestures or physical contacts of a sexual nature.

h) Failing to take appropriate steps to protect the privacy of a client and avoid unnecessary disclosures of confidential information.

i) Performing, or claiming to be able to perform, professional services beyond one's scope of practice and one's competency.

j) Submission of fraudulent claims for services to any person or entity including, but not limited to, health insurance companies or health service plans or third party payors.

k) Intentional material misstatement in furnishing information to the Department.

l) Conviction of or entry of a plea of guilty or nolo contendere to any crime that is a felony under the laws of the United States or any state or territory thereof or a misdemeanor of which an essential element is dishonesty or that is directly related to the practice of the profession of nursing home administration.

m) Making any misrepresentation for the purpose of obtaining a license, or violating any provision of this Act.

n) Immoral conduct in the commission of any act, such as sexual abuse or sexual misconduct, related to the licensee's practice.

o) Failing to respond within 30 days, to a written request made by the Department for information.

p) Engaging in dishonorable, unethical unprofessional conduct of a character likely to deceive or defraud

q) Habitual use or addiction to alcohol, narcotics, stimulants, or any other chemical agent or drug which results in the inability to practice with reasonable judgment, skill or safety.

r) Discipline by another U.S. jurisdiction if at least one of the grounds for the discipline is the same or substantially equivalent to those set forth herein.

s) A finding by the Department that the licensee, after having his or her license placed on probationary status has violated the terms of probation.

t) Willfully making or filing false records or reports in his or her practice, including but not limited to false records filed with State agencies or departments

u) Physical illness, mental illness, or other impairment or disability, including, but not limited to, deterioration through the aging process, or loss of motor skill that results in the inability to practice the profession with reasonable judgment, skill or safety.

v) Disregard or violation of this Act or of any rule issued pursuant to this Act.

w) Aiding or abetting another in the violation of this Act or any rule or regulation issued pursuant to this Act.

x) Allowing one's license to be used by an unlicensed person.

y) Professional incompetence in the practice of nursing home administration.

z) Conviction of a violation for the abuse and gross neglect of a long term care facility resident.

aa) Failure to report to the Department any adverse final action taken against the licensee by a licensing authority of another state, territory of the United States, or foreign country; or by any governmental or law enforcement agency; or by any court for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.

ab) Failure to report to the Department the surrender of a license or authorization to practice as a nursing home administrator in another state or jurisdiction for acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.

ac) Failure to report to the Department any adverse judgment, settlement, or award arising from a liability claim related to acts or conduct similar to acts or conduct that would constitute grounds for disciplinary action under this Section.

ad) The entry of an order or judgment by any circuit court establishing that any person holding a license under this Act is a person in need of mental treatment operates as a suspension of that license.

2. The Department may impose fines not to exceed $10,000 or may refuse to issue or to renew, or may revoke, suspend, place on probation, censure, reprimand or take other disciplinary or non-disciplinary action with regard to any license:

SECTION 4 - PHYSICAL OR MENTAL EXAMINATION

1. The Department or Board can compel any licensee or applicant to submit to a mental or physical examination as required by and at the expense of the Department.

2. The individual to be examined may have, at his or her own expense, another physician of his or her choice present during all aspects of the examination.

3. Failure of any individual to submit to mental or physical examination, when directed, shall be grounds for suspension of his or her license until such time as the individual submits to the examination if the Department finds, after notice and hearing, that the refusal to submit to the examination was without reasonable cause.

4. The Department and Board shall have the authority to review the subject administrator's record of treatment and counseling regarding the impairment, to the extent permitted by applicable federal statutes and regulations safeguarding the confidentiality of medical records.

5. If the Department or Board finds an individual unable to practice, the Department or Board shall require such individual to submit to care, counseling, or treatment

6. Department may suspended immediately a licensee’s license where public safety is in jeopardy, but must have a hearing within 30 days after such suspension to allow the licensee to present their case as to why suspension is not justified or appropriate.

7. The department or the Board does not have the authority to impose civil fines or jail time

SECTION 5 - MANDATORY REPORTING OF ADMINISTRATOR MISCONDUCT

1. The owner or licensee of a long term care facility licensed under the Nursing Home Care Act who employs or contracts with a licensee must report to the Department any instance of which he or she has knowledge of a licensee committed an act or acts which may constitute a violation of this Act or unprofessional conduct related directly to patient care, or which may indicate that the licensee may be mentally or physically disabled and may endanger patients under that licensee's care.

2. Additionally, every nursing home shall report to the Department any instance when a licensee is terminated for cause which would constitute a violation of this Act.

3. Any insurance company that offers policies of professional liability insurance to licensees, or any other entity that seeks to indemnify the professional must report the settlement of any claim or adverse final judgment rendered in any action that alleged negligence in planning, organizing, directing, or supervising the operation of a nursing home by the licensee.

4. The State's Attorney of each county shall report to the Department each instance in which a licensee is convicted of or enters a plea of guilty or nolo contendere (no contest) to any crime that is a felony, or of which an essential element is dishonesty, or that is directly related to the practice of the profession of nursing home administration.

5. Summary suspension. The Secretary may summarily suspend the license of a nursing home administrator without a hearing, simultaneously with the institution of proceedings for a hearing provided under this Act if the Secretary finds that evidence in his or her possession indicates that an administrator's continuation in practice would constitute an immediate danger to the public.

6. If the Secretary summarily suspends the license of an administrator without a hearing, a hearing shall be held within 30 days after the suspension has occurred.

7. Any person who is found to have violated any provision of this Act is guilty of a Class A misdemeanor. On conviction of a second or subsequent offense the violator shall be guilty of a Class 4 felony.

SECTION 6 - WHISTLEBLOWER PROTECTION

1. Any individual or organization acting in good faith, and not in a willful and wanton manner, in complying with this Act by providing any report or other information to the Department, or assisting in the investigation or preparation of such information, or by voluntarily reporting to the Department information regarding alleged errors or negligence by a licensee, or by participating in proceedings of the Department, shall not, as a result of such actions, be subject to criminal prosecution or civil damages.

SECTION 7 - BOARD OF NURSING HOME ADMINISTRATORS

8.1 Duties and Powers

1. ENSURE THAT APPLICANTS FOR LICENSURE ARE OF GOOD CHARACTER AND COMPETENT TO PRACTICE NURSING HOME ADMINISTRATION BY EXPERIENCE AND TRAINING

2. Ensure administrators who are a danger to the public are prohibited from practicing in this state

3. Develop and enforce standards for licensure

4. Issue and revoke licenses

5. Investigate complaints of misconduct and take appropriate action

8.2 Board Composition

1. THE BOARD OF NURSING HOME ADMINISTRATORS IS CREATED WITHIN THE DEPARTMENT OF PROFESSIONAL REGULATION

2. The Board has 7 members appointed by the Governor appointed by the Governor.

3. Board members have 4 year terms

SECTION 8 - VARIANCE

1. The Director may grant variances from these rules in individual cases where he/she finds that:

 

i. the provision from which the variance is granted is not statutorily mandated;

ii. no party will be injured by the granting of the variance; and

iii. the rule from which the variance is granted would, in the particular case, be unreasonable or unnecessarily burdensome.

 

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