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§ 1104. Functions and duties of the board

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 25. Nursing Home Administrators License Act (Refs & Annos)
63 P.S. § 1104
§ 1104. Functions and duties of the board
(a) It shall be the function and duty of the board:
(1) To develop, impose, and enforce standards which shall be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience, which may include a requirement for supervised experience prior to licensure, in the field of institutional administration, are qualified to serve as nursing home administrators.
(2) To develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards.
(3) To issue licenses and registrations to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses or registrations previously issued by the board in any case where the individual holding any such license or registration is determined to have failed to conform to the requirements of such standards.
(4) To establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards.
(5) To receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards.
(6) To conduct in cooperation with the appropriate State agency having facility approval or licensure responsibility a continuing study of nursing homes and administrators of nursing homes within the State with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such.
(7) To submit annually to the Appropriations Committees of the House of Representatives and the Senate, fifteen days after the Governor has submitted his budget to the General Assembly, a copy of the budget request for the upcoming fiscal year which the board previously submitted to the Department of State.
(8) To submit annually a report, to the Professional Licensure Committee of the House of Representatives and to the Consumer Protection and Professional Licensure Committee of the Senate, containing a description of the types of complaints received, status of cases, board action which has been taken and the length of the time from the initial complaint to final disposition.
(9) To develop standards of professional practice and standards of professional conduct appropriate to establish and maintain a high level of integrity and performance in the practice of nursing home administration. The board shall, not later than July 1, 1988, initiate the promulgation of regulations establishing such standards of professional practice and standards of professional conduct, provided that nothing in this clause shall restrict the imposition of penalties or disciplinary action pursuant to section 11 or 121 prior to final approval of such regulations pursuant to the act of June 25, 1982 (P.L. 633, No. 181),2 known as the “Regulatory Review Act.”
(b) The board or any committee or member thereof, acting in an official capacity, shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the board. Such board shall not be bound by the strict rules of evidence in the conduct of its proceedings but any determinations made shall be founded upon sufficient legal evidence to sustain them. The right of appeal from decisions of the board shall be in accordance with the provisions of the act of June 4, 1945 (P.L. 1388),3 known as the “Administrative Agency Law.”
(c) The board shall also have the authority to make rules and regulations, not inconsistent with law, as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary to enable the Commonwealth to meet the requirements set forth in appropriate Federal law, and other pertinent Federal authority.

Credits

1970, June 22, P.L. 378, No. 122, § 4. Amended 1985, Dec. 20, P.L. 375, No. 106, § 2, effective Jan. 1, 1986; 1987, July 9, P.L. 218, No. 38, § 1, imd. effective.

Footnotes

63 P.S. §§ 1111, 1112.
71 P.S. § 745.1 et seq.
71 P.S. § 1710.1 et seq. (repealed); see now, 2 Pa.C.S.A. § 101 et seq.
63 P.S. § 1104, PA ST 63 P.S. § 1104
Current through Act 4 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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