155.9 - DUTIES OF THE BOARD.
155.9 DUTIES OF THE BOARD.
The board shall have the duty and responsibility to:
1. Develop, impose, and enforce standards which must 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, by training or
experience in the field of institutional administration, are
qualified to serve as nursing home administrators.
2. Develop and apply appropriate techniques, including
examination and investigations, for determining whether an individual
meets such standards. The board may administer as many examinations
per year as are necessary, but shall administer at least one
examination per year. Any written examination may be given by
representatives of the board. Applicants who fail the examination
once shall be allowed to take the examination at the next scheduled
time. Thereafter, the applicant shall be allowed to take the
examination at the discretion of the board. An applicant who has
failed the examination may request in writing information from the
board concerning the applicant's examination grade and subject areas
or questions which the applicant failed to answer correctly, except
that if the board administers a uniform, standardized examination,
the board shall only be required to provide the examination grade and
such other information concerning the applicant's examination results
which are available to the board.
3. Issue licenses to individuals who, after application of such
techniques, are found to have met such standards; and for cause and
after due notice and hearing, revoke or suspend licenses previously
issued by such board in any case where the individual holding such
license is found to have failed substantially to conform to the
requirements of such standards.
The board may also accept the voluntary surrender of such license
without necessity of a hearing. In the event of the inability of the
regular administrator of a nursing home to perform the
administrator's duties or through death or other cause the nursing
home is without a licensed administrator, a provisional administrator
may be appointed on a temporary basis by the nursing home owner or
owners to perform such duties for a period not to exceed one year.
4. 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. 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. Such appropriate
action may include revocation of a license, if necessary, or placing
the licensee on probation for a period not exceeding six months, and
shall be taken only for cause after due notice and a hearing on the
charge or complaint.
6. Conduct a continuing study and investigation of nursing homes,
and administrators of nursing homes, in this 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. Conduct, or cause to be conducted, one or more courses of
instruction and training sufficient to meet the requirements of this
chapter, and make provisions for such courses and their accessibility
to residents of this state unless it finds that there are, and
approves, a sufficient number of courses, which courses are conducted
by others within this state. In lieu thereof the board may approve
courses conducted within and without this state as sufficient to meet
the education and training requirements of this chapter. Section History: Early Form
[C71, 73, 75, § 147.126; C77, 79, 81, § 135E.9] Section History: Recent Form
C93, § 155.9
2004 Acts, ch 1168, §10