SECOND REGULAR SESSION

SENATE COMMITTEE SUBSTITUTE FOR

HOUSE BILL NO. 1591

90TH GENERAL ASSEMBLY

Reported from the Committee on Aging, Families and Mental Health, April 11, 2000, with recommendation that the Senate Committee Substitute do pass and be placed on the Consent Calendar.

TERRY L. SPIELER, Secretary.

3511S.03C

AN ACT

To repeal section 344.040, RSMo 1994, relating to nursing home administrators, and to enact in lieu thereof two new sections relating to the same subject.

Be it enacted by the General Assembly of the State of Missouri, as follows:

Section A.  Section 344.040, RSMo 1994, is repealed and two new sections enacted in lieu thereof, to be known as sections 344.040 and 344.105, to read as follows:

344.040.  1.  Every license issued under this chapter shall expire on June thirtieth of the year of issuance and each year thereafter.  Licensees seeking renewal shall, during the month of May of each year, file an application for renewal on forms furnished by the board, which shall include evidence satisfactory to the board of completion of the approved continuing education hours required by the board, and shall be accompanied by a renewal fee of fifty dollars payable to the director of revenue.

2.  Upon receipt of an incomplete application for renewal, the board shall grant the applicant a temporary permit which shall be in effect for thirty days.  The applicant is required to submit the required documentation or fee within the thirty-day period, or the board may refuse to renew his application.  The thirty-day period can be extended for good cause shown for an additional thirty days.  Upon receipt of the approved continuing education credits or other required documentation or fee within the appropriate time period, the board shall issue an annual license.

3.  The board shall renew the license of an applicant who has met all of the requirements for renewal.

4.  As a requirement for renewal of license, the board may require not more than forty-eight clock hours of continuing education a year.  The continuing education provided for under this section shall be approved by the board.  There shall be a separate, nonrefundable fee for each single offering provider.  The board shall set the amount of fee for any single offering provided by rules and regulations promulgated pursuant to section 536.021, RSMo.  The fee shall be set at a level to produce revenue which shall not substantially exceed the cost and expense in administering and reviewing any single offering.

5.  By April first of each year, the board shall mail an application for renewal of license to every person for whom a license was issued or renewed during the current year.  The applicant must submit such information as will enable the board to determine if the applicant's license should be renewed.  Information provided in the application shall be given under oath.

6.  Any licensee who fails to apply to renew his license by June thirtieth may be relicensed by the board if he meets the requirements set forth by the board pursuant to sections 344.010 to 344.100 and pays the fifty-dollar renewal fee, plus a penalty of twenty-five dollars.  No action shall be taken by the board in addition to a penalty of twenty-five dollars imposed by this section against any such licensee whose license has not expired for a period of more than six months, and who has had no action in the preceding five years taken against them by the board, and who has met all other licensure requirements by June thirtieth.  A person whose license has expired for a period of more than twelve months must meet the requirements set out in section 344.030 for initial licensure.

344.105.  1.  Any nursing home administrator possessing a current license to practice as a nursing home administrator in this state who has maintained an active license for at least ten years may retire his or her license by filing an affidavit with the board which states the date on which the licensee retired from such practice and such other facts as tend to verify the retirement as the board may deem necessary.  The affidavit shall be accompanied by a fee of twenty-five dollars made payable to the division of aging.  Such request for retired status may also be accomplished by signing the request for retired status that appears on the nursing home administrator's application for license renewal and returning such application to the board prior to June thirtieth of the year of renewal of the administrator's active license, accompanied by a fee of twenty-five dollars made payable to the division of aging.  Information provided in the request for retired status shall be given under oath subject to the penalties for the making of a false affidavit.

2.  An individual who requests retired license status shall return his or her original wall license and all other indicia of licensure to the board.  Once the board has received the original wall license from the licensee and the other requirements for requesting retired status have been met, the board shall issue a new license to the licensee indicating that the licensee is retired.

3.  A retired license may be reactivated within five years of the granting of the retired license by filing with the board evidence satisfactory to the board of the completion of twenty clock hours of continuing education for each calendar year the license was retired.  All clock hours of continuing education shall be completed prior to the filing of the affidavit or renewal form requesting reactivation of the retired license.  If more than five years have passed since the issuance of a retired license to a licensee, the licensee shall follow the procedures for initial licensure stated in section 344.030.

4.  No person shall practice as a nursing home administrator in this state or hold himself or herself out as a nursing home administrator if his or her license is retired.

5.  Retired licensees shall remain subject to disciplinary action for violations of this chapter and the rules promulgated thereunder.