20160316-IR-840150078FRA Amends 840 IAC 1-1-2 to include pertinent definitions. Amends 840 IAC 1-1-4 to include a student internship as a pathway to licensure. Amends 840 IAC 1-1-15, 840 IAC 1-1-16, and 840 IAC 1-1-17 to mak...  

  • TITLE 840 INDIANA STATE BOARD OF HEALTH FACILITY ADMINISTRATORS

    Final Rule
    LSA Document #15-78(F)

    DIGEST

    Amends 840 IAC 1-1-2 to include pertinent definitions. Amends 840 IAC 1-1-4 to include a student internship as a pathway to licensure. Amends 840 IAC 1-1-15, 840 IAC 1-1-16, and 840 IAC 1-1-17 to make conforming changes. Adds 840 IAC 1-1-16.1 to specify the qualifications of a student intern. Adds 840 IAC 1-1-19 to specify the qualifications and duties of university accredited program preceptors. Effective 30 days after filing with the Publisher.



    SECTION 1. 840 IAC 1-1-2 IS AMENDED TO READ AS FOLLOWS:

    840 IAC 1-1-2 Definitions

    Authority: IC 25-19-1-4
    Affected: IC 25-19-1-2

    Sec. 2. Whenever used in this title, unless expressly otherwise stated, or unless the context or subject matter requires a different meaning, the following terms apply throughout this title:
    (1) "Administrator-in-training" or "AIT" means a person who:
    (A) has registered with the board prior to commencing internship; and
    (B) desires to become involved in a program of professional health care training.
    No person shall serve or act as an AIT without being registered with the board and shall meet any and all criteria that may be established by the board.
    (2) "AIT program" means an internship of a continuous educational experience in an HF approved by the board, such program to be administered under the supervision of an individual preceptor or training center approved by the board as meeting the board's requirements for operation to manage the AIT program as a preceptor.
    (3) "HF" means a licensed health facility or licensed residential facility.
    (4) "HFA" means health facility administrator.
    (5) "HFA license" means a license issued under IC 25-19 that grants authority to administer a licensed residential facility or a licensed health facility.
    (6) "Person" means a natural individual and does not include the following:
    (A) A firm.
    (B) A corporation.
    (C) An association.
    (D) A partnership.
    (E) An institution.
    (F) A public body.
    (G) A joint stock association.
    (H) Any other group of individuals.
    (7) "Practice of health facility administration" means the practice of the person designated by a legal owner or owners of health facilities to perform any act or the making of any decision involved in the:
    (A) planning;
    (B) organizing;
    (C) developing;
    (D) directing; or
    (E) control;
    of the operation of an HF.
    (8) "Preceptor" means: a duly licensed HFA or RCA who:
    (A) a duly licensed HFA or RCA who has been approved by the board under section 17 18 of this rule to serve in a teaching role and (B) has the training, knowledge, professional activity, and a facility or organizational setting at his or her disposal to participate actively in the developing and refining of prospective HFAs or RCAs. This individual shall meet any and all criteria that may be established by the board; or
    (B) a training center approved by the board to oversee and manage the AIT program; or
    (C) a university accredited by the National Association of Long-Term Care Administrator Boards approved by the HFA licensing board to oversee and manage the student internship program.
    (9) "RCA" means residential care administrator.
    (10) "RCA license" means a license issued under IC 25-19 that grants authority to administer a licensed residential facility.
    (11) "Related health care administration" means administration practiced in one (1) or more health related institutions. However, the term shall not mean any of the following:
    (A) The administration of services to an individual.
    (B) Administrative services that do not have as a major component the supervision of more than one (1) profession or discipline.
    (C) An administrative position in which the individual:
    (i) has not assumed direct responsibility for; and
    (ii) is not held accountable for;
    his or her own acts.
    (12) "Student intern" means a person who is enrolled in a bachelor's or master's degree program from a university accredited by the National Association of Long-Term Care Administrator Boards and is participating in an approved student internship in an HF.
    (13) "Student internship" means an educational experience in an HF or multiple HFs that is part of a bachelor's or master's degree program from a university accredited by the National Association of Long-Term Care Administrator Boards such experience to be administered under the supervision of a preceptor.
    (14) "Training center" means an educational center approved by the board to oversee and manage the AIT program.
    (15) "University accredited program" means a university offering a degree in health facility administration accredited by the National Association of Long-Term Care Administrator Boards and approved by the board to oversee and manage the student internship program.
    (Indiana State Board of Health Facility Administrators; Rule 3; filed May 26, 1978, 9:09 a.m.: 1 IR 243; filed May 18, 1979, 9:02 a.m.: 2 IR 842; filed May 2, 1985, 10:33 a.m.: 8 IR 1146; filed Sep 29, 1987, 2:08 p.m.: 11 IR 792; readopted filed May 1, 2002, 10:35 a.m.: 25 IR 2855; readopted filed Sep 26, 2008, 10:51 a.m.: 20081015-IR-840080338RFA; filed Jan 27, 2009, 9:50 a.m.: 20090225-IR-840080216FRA; readopted filed Nov 13, 2015, 11:18 a.m.: 20151209-IR-840150244RFA; filed Feb 17, 2016, 10:14 a.m.: 20160316-IR-840150078FRA)


    SECTION 2. 840 IAC 1-1-4 IS AMENDED TO READ AS FOLLOWS:

    840 IAC 1-1-4 Qualifications for licensure

    Authority: IC 25-19-1-4
    Affected: IC 25-19-1-3

    Sec. 4. (a) All applicants for licensure as an HFA must have completed, at the time of application, the requirements of IC 25-19-1-3(a)(1) and any of the following educational attainments and administrator-in-training programs:
    (1) Possession of a baccalaureate or higher degree from an accredited institution of higher learning approved by the board and completion of a required administrator-in-training program for the type of licensure pursued.
    (2) Completion of a student internship by a student intern as part of a bachelor's or master's degree program from a university accredited program.
    (2) (3) Possession of an associate degree in health care from an accredited institution of higher learning approved by the board, completion of a specialized course of study in long-term health care administration approved by the board, and completion of a required administrator-in-training program for the type of licensure pursued.
    (3) (4) Completion of a specialized course of study in long-term health care administration prescribed by the board and completion of a required administrator-in-training program for the type of licensure pursued.

    (b) Applicants for licensure by endorsement as an HFA may request that the board consider previous experience to satisfy the requirements of subsection (a). Educational and AIT requirements may be satisfied by two (2) years of active work experience as a licensed HFA in another state. Evidence must be presented to the board demonstrating competency of practice.

    (c) Applicants for licensure as an HFA may request that the board consider previous experience to satisfy the AIT requirements of subsection (a). AIT requirements may be satisfied by any of the following:
    (1) One (1) year of active work experience as a licensed HFA.
    (2) Completion of a training program required for licensure as an HFA in another state that is determined by the board to be equivalent to the AIT requirements of this state.
    (3) Completion of a residency-internship in health care administration completed as part of a degree requirement of subsection (a)(1) and (a)(2) that is determined by the board to be equivalent to the AIT requirements of this state.
    (4) One (1) year of active work experience as a chief executive officer or chief operations officer in a hospital.
    (5) A master's degree in health care administration and six (6) months of active work experience as a licensed HFA in another state.

    (d) All applicants for licensure as an RCA must have completed, at the time of application, the requirements of IC 25-19-1-3(a)(1) and at least one (1) of the following educational attainments and administrator-in-training programs:
    (1) Possession of a baccalaureate or higher degree from an accredited institution of higher learning approved by the board and completion of a required administrator-in-training program for the type of licensure pursued.
    (2) Possession of an associate degree in health care from an accredited institution of higher learning approved by the board, completion of a specialized course of study in long-term health care administration approved by the board, and completion of a required administrator-in-training program for the type of licensure pursued.
    (3) Completion of a specialized course of study in long-term health care administration prescribed by the board and completion of a required administrator-in-training program for the type of licensure pursued.
    (e) Applicants for licensure by endorsement as an RCA may request that the board consider previous experience to satisfy the requirements of subsection (d). Educational and AIT requirements may be satisfied by two (2) years of active work experience as a licensed residential care administrator in another state. Evidence must be presented to the board demonstrating competency of practice.

    (f) Applicants for licensure as an RCA may request that the board consider previous experience to satisfy the AIT requirements of subsection (d). AIT requirements may be satisfied by any of the following:
    (1) One (1) year of active work experience as a licensed RCA.
    (2) Completion of a training program required for licensure as an RCA in another state that is determined by the board to be equivalent to the AIT requirements of this state.
    (3) Completion of a residency-internship in health care administration completed as part of a degree requirement of subsection (d)(1) and (d)(2) that is determined by the board to be equivalent to the AIT requirements of this state.
    (4) One (1) year of active work experience as a chief executive officer or chief operations officer in a hospital.
    (5) A master's degree in health care administration and six (6) months of active work experience as a licensed RCA in another state.

    (g) The board may waive portions of the required training hours, up to thirty percent (30%), for an HFA or RCA applicant, based upon criteria approved by the board, provided the applicant's experience under consideration is verifiable to the board's satisfaction.
    (Indiana State Board of Health Facility Administrators; Rule 5; filed May 26, 1978, 9:09 a.m.: 1 IR 244; filed May 2, 1985, 10:33 a.m.: 8 IR 1147; filed Sep 29, 1987, 2:08 p.m.: 11 IR 793; filed Dec 22, 1987, 2:36 p.m.: 11 IR 1604; errata filed Mar 25, 1991, 4:40 p.m.: 14 IR 1626; errata filed Jul 8, 1991, 5:00 p.m.: 14 IR 2066; readopted filed May 1, 2002, 10:35 a.m.: 25 IR 2856; filed Jan 24, 2003, 1:55 p.m.: 26 IR 1943; filed Jan 27, 2009, 9:50 a.m.: 20090225-IR-840080216FRA; readopted filed Dec 1, 2009, 9:12 a.m.: 20091223-IR-840090778RFA; readopted filed Nov 13, 2015, 11:18 a.m.: 20151209-IR-840150244RFA; filed Feb 17, 2016, 10:14 a.m.: 20160316-IR-840150078FRA)


    SECTION 3. 840 IAC 1-1-15 IS AMENDED TO READ AS FOLLOWS:

    840 IAC 1-1-15 Program for administrator-in-training

    Authority: IC 25-19-1-4

    Sec. 15. (a) An AIT or student intern seeking licensure as an HFA shall satisfactorily complete a course of instruction and training prescribed by the board that occurs in a licensed comprehensive care facility and that shall include, but not be limited to, the following:
    (1) Standards of competent practice.
    (2) Administration.
    (3) Housekeeping/laundry.
    (4) Facility management.
    (5) Nursing.
    (6) Dietary.
    (7) Activities.
    (8) Business office.
    (9) Admissions/marketing.
    (10) Overall facility management.

    (b) An AIT seeking licensure as an RCA shall satisfactorily complete a course of instruction and training prescribed by the board that occurs in a licensed residential care facility and that shall include, but not be limited to, the following:
    (1) Standards of competent practice.
    (2) Administration.
    (3) Housekeeping/laundry.
    (4) Facility management.
    (5) Nursing.
    (6) Dietary.
    (7) Activities.
    (8) Business office.
    (9) Admissions/marketing.
    (10) Overall facility management.

    (c) The AIT seeking licensure as an RCA is required to complete not less than eighty (80) hours of the training program in a licensed comprehensive care facility in order to complete training in the following areas:
    (1) Medicare/Medicaid regulations and implementation thereof.
    (2) Health comprehensive care organization and coordination of services.
    (3) Assessments and care plans.
    (4) Any other areas approved by the board.
    (Indiana State Board of Health Facility Administrators; Rule 16; filed May 18, 1979, 9:02 a.m.: 2 IR 841; filed Sep 12, 1985, 3:25 p.m.: 9 IR 285; filed Sep 29, 1987, 2:08 p.m.: 11 IR 795; readopted filed May 1, 2002, 10:35 a.m.: 25 IR 2858; readopted filed Sep 26, 2008, 10:51 a.m.: 20081015-IR-840080338RFA; filed Jan 27, 2009, 9:50 a.m.: 20090225-IR-840080216FRA; readopted filed Nov 13, 2015, 11:18 a.m.: 20151209-IR-840150244RFA; filed Feb 17, 2016, 10:14 a.m.: 20160316-IR-840150078FRA)


    SECTION 4. 840 IAC 1-1-16 IS AMENDED TO READ AS FOLLOWS:

    840 IAC 1-1-16 Qualifications and duties of administrator-in-training

    Authority: IC 25-19-1-4

    Sec. 16. (a) The AIT seeking licensure as an HFA or RCA shall:
    (1) file an AIT application with the board and be approved prior to starting the internship program; and
    (2) have met the requirements of IC 25-19-1-3(a)(1) and the educational attainments of section 4(a) of this rule at the time the application is filed.

    (b) The AIT seeking licensure as an HFA shall:
    (1) observe and become familiar with the responsibilities and duties of the preceptor or approved training center and AIT;
    (2) be assigned responsibilities in each department, with experience on every shift, including weekends;
    (3) not hold a position in the facility during the hours of the AIT program;
    (4) serve as an AIT a minimum of twenty (20) hours per week, but not more than ten (10) hours daily;
    (5) complete the program in a minimum of six (6) months and a maximum of twelve (12) months for a minimum total of one thousand forty (1,040) hours;
    (6) seek and accept instruction and assistance from the preceptor or approved training center;
    (7) notify the board on suitable forms of any change of status or discontinuance of the AIT program; and
    (8) forward to the board at the end of the AIT program an affidavit stating the requirements of the program have been fulfilled.

    (c) The AIT seeking licensure as an RCA shall:
    (1) observe and become familiar with the responsibilities and duties of the preceptor and AIT;
    (2) be assigned responsibilities in each department, with experience on every shift, including weekends;
    (3) not hold a position in the facility during the hours of the AIT program;
    (4) serve as an AIT a minimum of twenty (20) hours per week, but not more than ten (10) hours daily;
    (5) complete the program in a minimum of six (6) months and a maximum of twelve (12) months for a minimum total of eight hundred sixty (860) hours;
    (6) seek and accept instruction and assistance from the preceptor;
    (7) notify the board on suitable forms of any change of status or discontinuance of the AIT program; and
    (8) forward to the board at the end of the AIT program an affidavit stating the requirements of the program have been fulfilled.

    (d) The AIT may serve up to twenty percent (20%) of the internship in a setting other than the preceptor's facility except an AIT in an approved training center who may exceed the twenty percent (20%) limit at the discretion of the approved training center.

    (e) The board reserves the right to take appropriate action for failure of an AIT to comply with the duties enumerated above.

    (f) The hours and amount of time spent in the AIT program may be reduced due to credit given by the board under section 4(g) of this rule.
    (Indiana State Board of Health Facility Administrators; Rule 17; filed May 18, 1979, 9:02 a.m.: 2 IR 840; filed Sep 12, 1985, 3:25 p.m.: 9 IR 285; filed Sep 29, 1987, 2:08 p.m.: 11 IR 796; readopted filed May 1, 2002, 10:35 a.m.: 25 IR 2858; readopted filed Sep 26, 2008, 10:51 a.m.: 20081015-IR-840080338RFA; filed Jan 27, 2009, 9:50 a.m.: 20090225-IR-840080216FRA; readopted filed Nov 13, 2015, 11:18 a.m.: 20151209-IR-840150244RFA; filed Feb 17, 2016, 10:14 a.m.: 20160316-IR-840150078FRA)


    SECTION 5. 840 IAC 1-1-16.1 IS ADDED TO READ AS FOLLOWS:

    840 IAC 1-1-16.1 Qualifications and duties of a student intern

    Authority: IC 25-19-1-4

    Sec. 16.1. (a) The student intern seeking licensure as an HFA shall:
    (1) file a student intern application with the board and be approved prior to starting the internship program; and
    (2) be enrolled in a university accredited program.

    (b) The student intern seeking licensure as an HFA shall:
    (1) observe and become familiar with the responsibilities and duties of the university accredited program and student intern;
    (2) not hold a position in the facility during the hours of the student internship program;
    (3) complete the program prior to graduation;
    (4) seek and accept instruction and assistance from the university accredited program and faculty, which may include other preceptors or approved training centers;
    (5) notify the board on suitable forms of any change of status or discontinuance of the student internship program; and
    (6) forward to the board at the end of the student internship program an affidavit stating the requirements of the program have been fulfilled.

    (c) The student intern enrolled in a university accredited program which may serve the internship in multiple HFs with no minimum or maximum amount of time required to be spent in any one (1) HF.

    (d) The board reserves the right to take appropriate action for failure of a student intern to comply with the duties enumerated above.

    (e) The hours and amount of time spent in the student internship program may be reduced due to credit given by the board under section 4(g) of this rule.
    (Indiana State Board of Health Facility Administrators; 840 IAC 1-1-16.1; filed Feb 17, 2016, 10:14 a.m.: 20160316-IR-840150078FRA)


    SECTION 6. 840 IAC 1-1-17 IS AMENDED TO READ AS FOLLOWS:

    840 IAC 1-1-17 Qualifications and duties of preceptors

    Authority: IC 25-19-1-8
    Affected: IC 25-19-1-12

    Sec. 17. (a) The applicant for approval as a preceptor shall file a new application for each AIT applicant for whom the preceptor applicant desires to serve as a preceptor.

    (b) In order to qualify as a preceptor, the applicant:
    (1) shall:
    (A) be a currently licensed Indiana:
    (i) HFA to precept an applicant seeking licensure as an HFA or RCA; or
    (ii) RCA to precept an applicant seeking licensure as an RCA;
    (B) file an application with the board and be approved prior to serving as the preceptor; and
    (C) have attended, within the five (5) years prior to applying to serve as a preceptor, a board approved educational program and forward to the board a certificate of completion;
    (2) must:
    (A) have active work experience as an HFA or RCA for at least two (2) out of the immediate preceding three (3) years prior to the date of application;
    (B) be a current CEO of a continuing care retirement community who holds a current valid HFA license; or
    (C) be a current regional manager for a multifacility organization who holds a current valid HFA license or RCA and who affirms to the board that his or her physical presence at the training location is concurrent with at least sixty percent (60%) of the applicant's physical presence at the training location; and
    (3) shall not have any disciplinary action taken by the board against his or her HFA or RCA license in the last two (2) years.

    (c) Each approved preceptor shall:
    (1) act as a teacher rather than an employer and should provide the AIT with educational opportunities;
    (2) inform the board if the AIT presents any problems that may affect the facility's service and operation or the AIT's program;
    (3) notify the board on suitable forms of any change of status or discontinuance of the AIT program;
    (4) submit to the board at the completion of the program an affidavit, as prescribed by the board, stating that the requirements of the AIT preceptor program as stated in section 15 of this rule have been met;
    (5) ensure that the records of AIT programs are maintained for a period of five (5) years, during which time the board may request review of these records; and
    (6) spend a majority of the required work hours during normal daytime business hours in the facility where training is to occur, except for approved training centers and as deemed necessary to accommodate special situations or emergencies.

    (d) The board reserves the right to take appropriate action for failure of a preceptor to comply with the duties enumerated above.

    (e) A preceptor may not supervise more than one (1) AIT at any given time, except for when the AIT is enrolled in an approved training center or for a student intern enrolled in a university accredited program, or at the discretion of the board.

    (f) The preceptor approval expires when the AIT applicant completes the course of instruction and training prescribed by the board or fails to complete the requirements of section 16 of this rule.
    (Indiana State Board of Health Facility Administrators; Rule 18; filed May 18, 1979, 9:02 a.m.: 2 IR 843; filed Dec 31, 1981, 8:55 a.m.: 5 IR 398; filed Sep 12, 1985, 3:25 p.m.: 9 IR 286; filed Sep 29, 1987, 2:08 p.m.: 11 IR 796; readopted filed May 1, 2002, 10:35 a.m.: 25 IR 2859; readopted filed Sep 26, 2008, 10:51 a.m.: 20081015-IR-840080338RFA; filed Jan 27, 2009, 9:50 a.m.: 20090225-IR-840080216FRA; readopted filed Nov 13, 2015, 11:18 a.m.: 20151209-IR-840150244RFA; filed Feb 17, 2016, 10:14 a.m.: 20160316-IR-840150078FRA)


    SECTION 7. 840 IAC 1-1-19 IS ADDED TO READ AS FOLLOWS:

    840 IAC 1-1-19 Qualifications and duties of university accredited program preceptors

    Authority: IC 25-19-1-8
    Affected: IC 25-19-1-12

    Sec. 19. (a) The applicant for approval as a preceptor shall file a new application for each student intern applicant for whom the preceptor applicant desires to serve as a preceptor.

    (b) In order to qualify as a university accredited program preceptor, the applicant shall demonstrate a faculty of currently licensed Indiana HFAs to instruct student interns within an HF in accordance with section 15 of this rule. University accredited program faculty that are not performing instruction within an HF in accordance with section 15 of this rule are not required to be a currently licensed Indiana HFA. Any currently licensed Indiana HFA that serves on a university accredited program's faculty for purposes of student intern instruction in accordance with section 15 of this rule shall:
    (1) have attended, within the five (5) years prior to becoming a faculty member, a board approved educational preceptor program and provide the university accredited program with a certificate of completion;
    (2) meet any one (1) of the requirements in section 18(b)(2) [sic] of this rule; and
    (3) not have any disciplinary action taken by the board against his or her HFA licensed in the last two (2) years.

    (c) Each approved university accredited program preceptor shall:
    (1) act as a teacher rather than an employer and should provide the student intern with educational opportunities;
    (2) inform the board if the student intern presents any problems that may affect the facility's service and operation or the student internship program;
    (3) notify the board on suitable forms of any change of status or discontinuance of the student internship program; and
    (4) submit to the board at the completion of the program an affidavit, as prescribed by the board, stating that the requirements of the student intern/preceptor program as stated in section 15 of this rule have been met;
    (5) ensure that the records of student internship programs are maintained for a period of five (5) years, during which time the board may request review of these records.

    (d) The board reserves the right to take appropriate action for failure of a preceptor to comply with the duties enumerated above.

    (e) The preceptor approval expires when the student intern applicant completes the course of instruction and training through the university accredited program prescribed by the board or fails to complete the requirements of section 16.1 of this rule.
    (Indiana State Board of Health Facility Administrators; 840 IAC 1-1-19; filed Feb 17, 2016, 10:14 a.m.: 20160316-IR-840150078FRA)


    LSA Document #15-78(F)
    Notice of Intent: 20150401-IR-840150078NIA
    Proposed Rule: 20151118-IR-840150078PRA
    Hearing Held: January 29, 2016
    Approved by Attorney General: February 4, 2016
    Approved by Governor: February 17, 2016
    Filed with Publisher: February 17, 2016, 10:14 a.m.
    Documents Incorporated by Reference: None Received by Publisher
    Small Business Regulatory Coordinator: Jeanette Langford, Indiana Professional Licensing Agency, Indiana Government Center South, 402 West Washington Street, Room W072, Indianapolis, IN 46204, (317) 234-3046, jlangford@pla.in.gov

    Posted: 03/16/2016 by Legislative Services Agency

    DIN: 20160316-IR-840150078FRA
    Composed: Nov 01,2016 2:10:59AM EDT
    A PDF version of this document.