CHAPTER 1. REGULATION OF HEALTH FACILITY ADMINISTRATORS . CREATION OF BOARD
IC 25-19
ARTICLE 19. HEALTH FACILITY
ADMINISTRATORS
IC 25-19-1
Chapter 1. Regulation of Health Facility Administrators .
Creation of Board
IC 25-19-1-1
Definitions
Sec. 1. (a) As used in this chapter, "board" refers to the Indiana
state board of health facility administrators.
(b) As used in this chapter, "health facility administrator" means
a natural person who administers, manages, supervises, or is in
general administrative charge of a licensed health facility whether
such individual has an ownership interest in the health facility and
whether the person's functions and duties are shared with one (1) or
more individuals.
(c) As used in this chapter, "health facility" means any institution
or facility defined as such for licensing under IC 16-28 and classified
into care categories by rules adopted under IC 16-28.
(Formerly: Acts 1969, c.84, s.1; Acts 1971, P.L.374, SEC.1.) As
amended by Acts 1982, P.L.29, SEC.5; P.L.149-1987, SEC.38;
P.L.2-1993, SEC.139.
IC 25-19-1-2
State board of health facility administrators
Sec. 2. (a) There is created the Indiana state board of health
facility administrators composed of thirteen (13) members as
follows:
(1) The state health commissioner or the commissioner's
designee.
(2) The director of the division of family resources or the
director's designee.
(3) The state long term care ombudsman or the state long term
care ombudsman's designee.
(4) The chief administrative officer of the Indiana University
medical center at Indianapolis or the chief administrative
officer's designee.
(5) One (1) member of the medical profession holding an
unlimited license to practice medicine in Indiana.
(6) Four (4) administrators of licensed proprietary health
facilities.
(7) Two (2) administrators of licensed nonproprietary health
facilities.
(8) Two (2) members representing the public at large, who:
(A) are residents of Indiana; and
(B) have never been associated with health facility services
or administration in any way other than as a resident or a
family member of a resident of a health facility.
(b) Those members of the board other than the representatives of
state agencies and institutions shall be appointed by the governor
after consultation with the associations and societies appropriate to
the disciplines and professions representative of the position to be
filled. The original and all subsequent physician and hospital
administrator appointments shall be for terms of four (4) years. All
appointments shall be for four (4) year terms, except that in case of
a vacancy prior to term completion, the appointment shall be for the
remainder of the unexpired term. Any vacancy, either prior to or at
term completion, shall be filled by the governor after consultation
with the associations and societies appropriate to the discipline or
professions representative of the vacancy. In all cases, the appointees
shall serve until their successors are appointed and qualified.
(c) The governor may remove any member of the board other than
the representative of a state agency or institution for misconduct,
incapacity, incompetence, or neglect of duty after the member has
been served with a written statement of charges and has been given
an opportunity to be heard. Designated representatives of the state
agencies or institutions may be removed by the original appointing
authority for any of those causes.
(Formerly: Acts 1969, c.84, s.2.) As amended by Acts 1981, P.L.222,
SEC.136; P.L.149-1987, SEC.39; P.L.2-1992, SEC.775;
P.L.43-1998, SEC.1; P.L.145-2006, SEC.161; P.L.105-2008,
SEC.33.
IC 25-19-1-3
Qualifications for license; examination
Sec. 3. (a) The board may issue licenses to qualified persons as
health facility administrators and shall establish qualification criteria
for health facility administrators. The board shall adopt rules
establishing standards for the competent practice of a health facility
administrator. A person who applies to the board to practice as a
health facility administrator must:
(1) not have been convicted of a crime that has a direct bearing
on the person's ability to practice competently;
(2) have:
(A) satisfactorily completed a course of instruction and
training prescribed by the board, which course shall be so
designed as to content and so administered as to present
sufficient knowledge of the needs properly to be served by
health facilities, laws governing the operation of health
facilities and the protection of the interests of patients
therein, and the elements of good health facilities
administration; or
(B) presented evidence satisfactory to the board of sufficient
education, training, or experience in the foregoing fields to
administer, supervise, and manage a health facility; and
(3) have passed an examination administered by the board and
designed to test for competence in the subject matter referred to
in subdivision (2).
(b) The board may issue a provisional license for a single period
not to exceed six (6) months for the purpose of enabling a qualified
individual to fill a health facility administrator position that has been
unexpectedly vacated. Before an individual is issued a provisional
license, the individual must fulfill the requirements in subdivision
(a)(1) in addition to complying with other standards and rules
established by the board.
(Formerly: Acts 1969, c.84, s.3; Acts 1973, P.L.252, SEC.9.) As
amended by Acts 1978, P.L.128, SEC.1; Acts 1981, P.L.222,
SEC.137; Acts 1982, P.L.113, SEC.53; P.L.149-1987, SEC.40;
P.L.152-1988, SEC.11; P.L.33-1993, SEC.26.
IC 25-19-1-3.5
Temporary permit; issuance; conditions
Sec. 3.5. (a) The board may issue a temporary permit to practice
as a health facility administrator to a person who:
(1) has applied to the board for a license to practice as a health
facility administrator;
(2) has a current license as a health facility administrator in
another state;
(3) has met the educational requirements of the board;
(4) has completed a board approved training program or board
determined equivalent; and
(5) has successfully completed the national examination with a
score equivalent to the score required by this state.
(b) The board may substitute for the requirements in subsection
(a)(3) or (a)(4) the experience of a person as a licensed health facility
administrator in another state.
(c) A temporary permit issued under this section expires upon:
(1) the issuance of a license to the holder of the temporary
permit; or
(2) the receipt by the holder of the temporary permit of notice
from the board that the holder of the temporary permit has
failed the required examination for licensure.
(d) A person holding a temporary permit to practice as a health
facility administrator is subject to the disciplinary provisions of this
chapter.
(e) The board may establish, by rules adopted under IC 4-22-2 and
IC 25-19-1-4, application procedures and requirements for the
issuance of temporary permits under this section.
As added by P.L.149-1987, SEC.41.
IC 25-19-1-4
Rules for licensure; cancellation, suspension, or revocation of
license
Sec. 4. The board shall license health facility administrators in
accordance with rules issued and from time to time revised by it. A
health facility administrator's license shall not be transferable and
shall be valid until surrendered for cancellation or suspended or
revoked for violation of this chapter or any other laws or rules
relating to the proper administration and management of a health
facility. Any denial of issuance or renewal, suspension, or revocation
under any section of this chapter shall be appealable upon the timely
request of the applicant or licensee and pursuant to IC 4-21.5.
(Formerly: Acts 1969, c.84, s.4.) As amended by Acts 1982, P.L.154,
SEC.76; P.L.7-1987, SEC.124.
IC 25-19-1-5
Classification as comprehensive health facilities and residential
health facilities; administrator's license; fee
Sec. 5. (a) The Indiana health facilities council, pursuant to
authority provided by IC 16-28, has, by rule duly promulgated,
classified health facilities into comprehensive health facilities and
residential health facilities. The fee for a health facility
administrator's license in either classification shall be set by the
board under section 8 of this chapter.
(b) Such fee and application shall be submitted to the board, and
the board shall transmit all such funds so received to the treasurer of
state to be deposited by him in the general fund of the state. All
expenses incurred in the administration of this chapter shall be paid
from the general fund upon appropriation being made therefor in the
manner provided by law for making such appropriations.
(c) The administrator of a comprehensive care facility must have
a comprehensive care facility administrator license issued by the
board in accordance with rules adopted under section 8 of this
chapter.
(d) The administrator of a residential care facility must have one
(1) of the following licenses issued by the board under rules adopted
under section 8 of this chapter:
(1) A comprehensive care facility administrator license.
(2) A residential care facility administrator license.
(Formerly: Acts 1969, c.84, s.5; Acts 1971, P.L.374, SEC.2; Acts
1975, P.L.270, SEC.1.) As amended by Acts 1976, P.L.119, SEC.16;
Acts 1982, P.L.29, SEC.6; P.L.169-1985, SEC.59; P.L.2-1993,
SEC.140; P.L.54-2007, SEC.1.
IC 25-19-1-5.1
Fee; payment
Sec. 5.1. Notwithstanding section 5 of this chapter, the fee for a
health facility administrator's license shall be submitted to the
Indiana professional licensing agency for it to transmit to the state
treasurer.
As added by Acts 1981, P.L.222, SEC.138. Amended by
P.L.169-1985, SEC.60; P.L.1-2006, SEC.438.
IC 25-19-1-6
Organization and government of board; compensation; expenses;
employees
Sec. 6. (a) The board shall elect from its membership annually a
chairperson and vice chairperson and shall adopt rules to govern its
proceedings.
(b) Each member of the board who is not a state employee is
entitled to the minimum salary per diem provided by
IC 4-10-11-2.1(b). Such a member is also entitled to reimbursement
for traveling expenses and other expenses actually incurred in
connection with the member's duties, as provided in the state travel
policies and procedures established by the department of
administration and approved by the state budget agency.
(c) The Indiana professional licensing agency shall supply
necessary personnel to assist the board in the performance of its
duties.
(d) Seven (7) members of the board constitute a quorum for
consideration of all matters before the board. A majority vote of the
quorum is required for action of the board.
(Formerly: Acts 1969, c.84, s.6.) As amended by Acts 1981, P.L.222,
SEC.139; P.L.169-1985, SEC.61; P.L.149-1987, SEC.42;
P.L.28-1999, SEC.1; P.L.1-2006, SEC.439; P.L.105-2008, SEC.34.
IC 25-19-1-7
Determination of qualifications for license
Sec. 7. The Board shall have sole and exclusive authority to
determine the qualifications, skill and fitness of any person to serve
as an administrator of a health facility under the provisions of this
chapter, and the holder of a license under the provisions of this
chapter, shall be deemed qualified to serve as the administrator of
that type of health facility for which he is licensed.
In carrying out its responsibilities under this chapter, The Board
may seek the advice of various disciplines, agencies, institutions and
individuals having an interest in long-term care.
(Formerly: Acts 1969, c.84, s.7; Acts 1971, P.L.374, SEC.3.)
IC 25-19-1-8
Powers and duties of the board
Sec. 8. The board shall do the following:
(1) Adopt rules establishing:
(A) standards for the competent practice of a health facility
administrator; and
(B) separate education, experience, and training
requirements for licensure in each of the following
classifications described in section 5 of this chapter:
(i) Comprehensive health facility administrator.
(ii) Residential health facility administrator.
(2) Develop and apply appropriate techniques, including
examination and investigations, for determining whether an
individual meets the standards.
(3) Issue licenses to individuals determined, after application of
the appropriate criteria, to meet the standards, and for cause,
after due notice and hearing, impose sanctions under IC 25-1-9,
including placing the licensee on probation and revoking or
suspending licenses previously issued by the board in any case
where the individual holding the license is determined
substantially to have failed to conform to the requirements of
the standards.
(4) Establish and carry out the procedures designed to ensure
that individuals licensed as health facility administrators will,
during any period that they serve as such, comply with the
requirements of the standards.
(5) Subject to IC 25-1-7, receive, investigate, and take
appropriate action under IC 25-1-9 with respect to, and
including probation, suspension, or the revocation of a license
if necessary after due notice and hearing and for cause, any
charge or complaint filed with the board to the effect that any
individual licensed as a health facility administrator has failed
to comply with the requirements of the standards.
(6) Conduct a continuing study and investigation of health
facilities and administrators of health facilities in the state to
improve the standards imposed for the licensing of the
administrators and of procedures and methods for the
enforcement of the standards with respect to licensed health
facility administrators.
(7) Conduct, or cause to be conducted, one (1) or more courses
of instruction and training sufficient to meet the requirements
of this chapter, and shall make provisions for the courses and
their accessibility to residents of this state unless it finds and
approves a sufficient number of courses conducted by others
within this state. The board may approve courses conducted in
or outside this state sufficient to meet the education and training
requirements of this chapter.
(8) Take other actions, not inconsistent with law, including
establishing and approving requirements for continuing
professional education for licensure renewal, making provisions
for accepting and disbursing funds for educational purposes, as
may be necessary to enable the state to meet the requirements
set forth in Section 1908 of the Social Security Act (42 U.S.C.
1396g), the federal regulations adopted under that law, and
other pertinent federal authority, and designing any other action
to improve the professional competence of licensees.
(Formerly: Acts 1969, c.84, s.8; Acts 1975, P.L.270, SEC.2.) As
amended by Acts 1977, P.L.172, SEC.25; Acts 1981, P.L.222,
SEC.140; P.L.149-1987, SEC.43; P.L.152-1988, SEC.12;
P.L.54-2007, SEC.2.
IC 25-19-1-9
Renewal of license; failure to renew
Sec. 9. (a) Every holder of a health facility administrator's license
shall renew the license on the date established by the licensing
agency under IC 25-1-5-4. The renewals shall be granted as a matter
of course, unless the board finds, after due notice and hearing, that
the applicant has acted or failed to act in a manner or under
circumstances that would constitute grounds for nonrenewal,
suspension, or revocation of a license.
(b) A health facility administrator's license expires at midnight on
the renewal date specified by the Indiana professional licensing
agency. Failure to renew a license on or before the renewal date
automatically renders the license invalid.
(c) A person who fails to renew a license before it expires and
becomes invalid at midnight of the renewal date shall be reinstated
by the board if the person applies for reinstatement not later than
three (3) years after the expiration of the license and meets the
requirements under IC 25-1-8-6(c).
(d) The board may reinstate a person who applies to reinstate a
license under this section more than three (3) years after the date the
license expires and becomes invalid if the person applies to the board
for reinstatement and meets the requirements for reinstatement
established by the board under IC 25-1-8-6(d).
(e) The board may require an applicant under subsection (d) to
appear before the board to explain the applicant's failure to renew.
(Formerly: Acts 1969, c.84, s.9; Acts 1975, P.L.270, SEC.3.) As
amended by P.L.149-1987, SEC.44; P.L.48-1991, SEC.32;
P.L.269-2001, SEC.14; P.L.1-2006, SEC.440; P.L.105-2008,
SEC.35.
IC 25-19-1-10
License by reciprocity; requirements
Sec. 10. (a) The board may issue a health facility administrator's
license to any person who holds a current comparable license from
another jurisdiction, if the board finds that the applicant has:
(1) met the educational requirements of the board;
(2) completed a board approved training program or board
determined equivalent;
(3) successfully completed the national examination with a
score equivalent to the score required by this state; and
(4) successfully completed the state examination conducted by
the board.
(b) The board may substitute for the requirements in subsection
(a)(1) or (a)(2) the experience of a person as a licensed health facility
administrator in another state.
(Formerly: Acts 1969, c.84, s.10.) As amended by P.L.149-1987,
SEC.45; P.L.33-1993, SEC.27.
IC 25-19-1-11
Necessity of license; violations
Sec. 11. No health facility may operate unless it is under the
supervision of an administrator who holds a currently valid health
facility administrator's license, provisional license, or temporary
permit issued under this chapter. No person may practice or offer to
practice health facility administration or use any title, sign, card, or
device to indicate that the person is a health facility administrator,
unless the person has been duly licensed as a health facility
administrator or provisional health facility administrator. A person
who violates this section commits a Class C infraction, and each day
of continuing violation after entry of judgment constitutes a separate
infraction.
(Formerly: Acts 1969, c.84, s.11.) As amended by Acts 1978, P.L.2,
SEC.2537; P.L.149-1987, SEC.46.
IC 25-19-1-12
Approval and promulgation of rules and regulations
Sec. 12. All rules and regulations authorized by this chapter, to
become effective, shall be first approved by the board and then
promulgated in the manner provided by law for the promulgation of
rules and regulations of administrative bodies and when so
promulgated shall be the only rules and regulations governing the
licensing of health facility administrators as defined in this chapter,
in the state.
(Formerly: Acts 1969, c.84, s.12.) As amended by Acts 1982,
P.L.154, SEC.77.
IC 25-19-1-13
Repealed
(Repealed by P.L.152-1988, SEC.30.)
IC 25-19-1-14
Injunction from continuing violation of chapter; punishment
Sec. 14. The attorney general, the board, or the prosecuting
attorney or a citizen of any county in which a person is in violation
of this chapter may bring an action in the name of the state to enjoin
the person from continuing in violation of this chapter. A person who
is enjoined and who violates the injunction shall be punished for
contempt of court. An injunction issued under this section does not
relieve any person from criminal prosecution.
As added by P.L.149-1987, SEC.48.