344.030. License, qualifications, fee, examination, term--reciprocity--emergency license. - Missouri Statutes

License, qualifications, fee, examination,term--reciprocity--emergency license.

344.030. 1. An applicant for an initial license shall file acompleted application with the board on a form provided by the board,accompanied by an application fee as provided by rule payable to thedepartment of health and senior services. Information provided in theapplication attested by signature to be true and correct to the best of theapplicant's knowledge and belief.

2. No initial license shall be issued to a person as a nursing homeadministrator unless:

(1) The applicant provides the board satisfactory proof that theapplicant is twenty-one years of age or over, of good moral character and ahigh school graduate or equivalent;

(2) The applicant provides the board satisfactory proof that theapplicant has had a minimum of three years' experience in health careadministration or two years of postsecondary education in health careadministration or has satisfactorily completed a course of instruction andtraining prescribed by the board, which includes instruction in the needsproperly to be served by nursing homes, the protection of the interests ofresidents therein, and the elements of good nursing home administration, orhas presented evidence satisfactory to the board of sufficient education,training, or experience in the foregoing fields to administer, superviseand manage a nursing home; and

(3) The applicant passes the examinations administered by the board.If an applicant fails to make a passing grade on either of the examinationssuch applicant may make application for reexamination on a form furnishedby the board and may be retested. If an applicant fails either of theexaminations a third time, the applicant shall be required to complete acourse of instruction prescribed and approved by the board. Aftercompletion of the board-prescribed course of instruction, the applicant mayreapply for examination. With regard to the national examination requiredfor licensure, no examination scores from other states shall be recognizedby the board after the applicant has failed his or her third attempt at thenational examination. There shall be a separate, nonrefundable fee foreach examination. The board shall set the amount of the fee forexamination by rules and regulations promulgated pursuant to section536.021, RSMo. The fee shall be set at a level to produce revenue whichshall not substantially exceed the cost and expense of administering theexamination.

3. The board may issue a license through reciprocity to any personwho is regularly licensed as a nursing home administrator in any otherstate, territory, or the District of Columbia, if the regulations forsecuring such license are equivalent to those required in the state ofMissouri. However, no license by reciprocity shall be issued until theapplicant passes a special examination approved by the board, which willexamine the applicant's knowledge of specific provisions of Missouristatutes and regulations pertaining to nursing homes. The applicant shallfurnish satisfactory evidence that such applicant is of good moralcharacter and has acted in the capacity of a nursing home administrator insuch state, territory, or the District of Columbia at least one year afterthe securing of the license. The board, in its discretion, may enter intowritten reciprocal agreements pursuant to this section with other stateswhich have equivalent laws and regulations.

4. Nothing in sections 344.010 to 344.108, or the rules orregulations thereunder shall be construed to require an applicant for alicense as a nursing home administrator, who is employed by an institutionlisted and certified by the Commission for Accreditation of ChristianScience Nursing Organizations/Facilities, Inc., to administer institutionscertified by such commission for the care and treatment of the sick inaccordance with the creed or tenets of a recognized church or religiousdenomination, to demonstrate proficiency in any techniques or to meet anyeducational qualifications or standards not in accord with the remedialcare and treatment provided in such institutions. The applicant's licenseshall be endorsed to confine the applicant's practice to such institutions.

5. The board may issue a temporary emergency license for a period notto exceed ninety days to a person twenty-one years of age or over, of goodmoral character and a high school graduate or equivalent to serve as anacting nursing home administrator, provided such person is replacing alicensed nursing home administrator who has died, has been removed or hasvacated the nursing home administrator's position. No temporary emergencylicense may be issued to a person who has had a nursing homeadministrator's license denied, suspended or revoked. A temporaryemergency license may be renewed for one additional ninety-day period upona showing that the person seeking the renewal of a temporary emergencylicense meets the qualifications for licensure and has filed an applicationfor a regular license, accompanied by the application fee, and theapplicant has taken the examination or examinations but the results havenot been received by the board. No temporary emergency license may berenewed more than one time.

(L. 1969 3d Ex. Sess. H.B. 33 § 3, A.L. 1979 S.B. 145, A.L. 1987 S.B. 277, A.L. 1988 S.B. 602, A.L. 1989 S.B. 387, A.L. 1996 H.B. 905 merged with H.B. 1362, A.L. 2007 H.B. 780)