4751-1-02. Definitions for this chapter

"Accredited educational institution" means an academic institution of higher learning that includes general education courses as requisite to the institution's principal educational programs and that has received institutional accreditation from a nationally or regionally recognized accrediting agency by the United States department of education. Please visit the "Database of Accredited Postsecondary Institutions and Programs" (https://ope.ed.gov/dapip/#/home) for a comprehensive list (national and regional accredited agencies only). Accreditation must have been active at the time of the applicant's graduation date.

"Active duty service member" means any member of the armed forces of the United States performing active duty under Title X of the U.S.C.

"Administrator-in-training" ("AIT") means an individual registered as such with the board pursuant to rule 4751-1-09 of the Administrative Code.

"Administrator-in-training program" ("AIT program") means a program that the board established to assure that an applicant for licensure as a nursing home administrator meets the minimum requirements in professional education and experience.

"Adverse action" means revocation or suspension of a license, reprimand, censure, or probation; any other loss of or restriction placed upon the license, including, but not limited to, the right to apply for, or renew, a license; voluntary surrender in lieu of discipline; non-renewal (excluding non-renewal due to non-payment of fees or retirement); administrative fines; and any other negative action or finding by the board.

"Applicant" means an individual who applies to the board for a license, temporary license, and administrator-in-training program, renewal, or relicensure to practice as a licensed nursing home administrator.

"Approved program in nursing home administration" means a baccalaureate or higher degree program that is offered by an accredited educational institution that has been accredited by the national association of boards, and that has been accepted by the board as satisfying the general education, special academic preparation, and experience requirements for admission to examination.

"Armed forces" means the armed forces of the United States, including the army, navy, air force, marine corps, coast guard, or any reserve components of those forces; the national guard of any state; the commissioned corps of the United States public health service;

the merchant marine service during wartime such other service as may be designated by congress; or the Ohio organized militia when engaged in full-time national guard duty for a period of more than thirty days.

"Board" means the board of executives of long-term services and supports that section 4751.03 of the Revised Code established.

"Candidate" means a person who the board determines meets the conditions for admission to examination.

"Certificate of registration" ("registration") means a printed or electronic document that the board issues to each administrator to certify the original registration, or annual renewal of registration, of an administrator's license as required in section 4751.07 of the Revised Code.

"Continuing education" means post-licensure education that is consistent with the practice of nursing home administration, assisted living administration, or home and community-based serviced administration, as defined in this rule, that an administrator takes to maintain professional competency to practice administration, improve administrative skills, and effect standards of excellence for the practice of the profession in the interest of the safety, health, and well-being of the persons served.

"Core of knowledge in nursing home administration" means the subject areas outlined in rule 4751-1-06 of the Administrative Code.

"Course of study or program of instruction" means any educational activity in the subject areas of the core of knowledge in nursing home administration, assisted living administration, or home and community-based services administration approved by the board to fulfill the requirements for pre-licensure education or for continuing education.

"Degree equivalency evaluation" means an equivalency evaluation of a degree that was earned from a college or university not domiciled in the United States against a degree earned from an accredited college or university that is performed by world education services (WES).

"Full time" means at least thirty-five hours per week as an administrator practicing nursing home administration in a nursing home or as an intern in an internship with an administrator in a nursing home.

"General education" means an academic course of study that results in the awarding of a baccalaureate degree from an accredited educational institution.

"Health care administration" means that specialty of health administration requiring knowledge and skills specific to the administration of a health care facility, with emphasis on administration of skilled nursing or extended care facilities.

"Health care facility" means a facility operating within the framework of the appropriate regulatory agencies that provides residence accommodations and personal care, supervision, or assistance to persons who are dependent, in whole or part, upon such services.

"Health services executive" means an individual who has voluntarily and successfully completed board-approved core studies and examinations covering common competencies across service lines, including skilled nursing, assisted living, and home and community-based services, and who meets the requirements established by the national association of long-term care administrator boards.

"Internship site" means a nursing home that is licensed under Chapter 3721. of the Revised Code or a nursing home that is operated by a governmental agency and certified under Title XVIII or XIX of the Social Security Act that is approved by the board for the practical training and experience of an administrator-in-training.

"License" means the board-issued document that indicates that the licensee has met the requirements for licensure under Chapter 4751. of the Revised Code and this chapter.

"Merchant marine" includes the United States army transport service and the United States naval transport service.

"NAB" means "the national association of long term care administrator boards."

"NAB domains of practice" are the tasks performed and the knowledge and skills identified as necessary to perform those tasks by NAB in its professional practice analysis. The NAB domains of practice can be found on the website of the national association of long term care administrator boards. The domains are validated through a national survey of administrators representing multiple lines of service and updated every five to seven years.

"NAB verify" is the national application and review process for HSE qualification.

"National practitioner data bank" (NPDB) is an electronic information repository created by Congress. It contains information on medical malpractice payments and certain adverse actions related to health care practitioners, entities, providers, and suppliers.

"Nursing home" means a nursing home as defined by or under the authority of divisions (A), (C) and (D) of section 3721.01 of the Revised Code, or a nursing home operated by a governmental agency.

"Nursing home administrator" ("administrator") has the same meaning as in section 4751.01 of the Revised Code.

"Operator" has the same meaning as in rule 3701-17-01 of the Administrative Code.

"Person served" means an individual who receives the care and services of a skilled nursing facility, assisted living community, or home and community-based services.

"Practice of a health services executive" is a qualification that is developed to recognize and promote a quality entry level education, continued competency, and accountability of leadership that ultimately provides quality services and support in a home-like setting with a commitment to choice, dignity, independence, individuality, and privacy based on client/ resident needs and preference in skilled nursing facilities, assisted living communities and home and community based services. The health services executive has broad knowledge competencies across the continuum.

"Practice of nursing home administration" means exercising management responsibility of a nursing home including the following practices: planning, organizing, and directing the overall operation of a nursing home; making operating decisions, providing leadership and general supervision, employing and discharging staff; instituting and maintaining methods of administrative management that demonstrate attempts in good faith to assure that the nursing home is in conformity with federal, state, and local laws, codes, and regulations pertaining to the operation of said facility and to the rights, health, safety, and well-being of the persons served; and the administrator practices these duties in a manner that complies with this rule's definition for "supervision of a nursing home."

"Preceptor" means an individual qualified by training and experience, who is currently licensed as a nursing home administrator in the state of Ohio and is charged with coordinating the training of an administrator-in-training who is enrolled in a board-approved administrator-in-training internship program.

"Revocation" or "revoked license" is a sanction imposed upon a license/registration by the board that results in a complete loss of license/registration and all privileges attendant thereto and requires holder to surrender the license and registration and all other license or certificate-related documents to the board.

"Qualifying administrative experience" is a residency or internship that is required for an academic degree in nursing home administration in all the subject areas of the core of knowledge or all the subject areas of rule 4751-1-06 of the Administrative Code or actual work experience in the subject areas of rule 4751-1-06 of the Administrative Code.

"Service member" means any person who is serving in the armed forces.

"Service provider" means the entity providing a service to the person served whether a skilled nursing facility, home health care agency, hospice agency, etc.

"Supervision of a nursing home," as required by division (A) of section 4751.02 of the Revised Code, means the effective management of a nursing home and assurance that residents' needs are met, which, according to rule 3701-17-08 of the Administrative Code, means that a nursing home administrator is present in the nursing home no fewer than sixteen hours per calendar week; that the administrator spends most of the time between six a.m. and six p.m. during normal workweeks of Monday through Friday managing the nursing home; and that the administrator's management complies with this rule's definitions of "nursing home administrator" and "practice of nursing home administration."

"Support network" means anyone identified by the person served as a social, financial, and/ or emotional support. "Support network" may include friends, family, neighbors, church members, or home health care providers.

"Suspension" or "suspended license" is a sanction imposed upon a license/registration by the board. The licensee retains the license and registration and therefore must renew the license, yet cannot function in the capacity of a licensed nursing home administrator or health services executive until the board determines that conditions responsible for the suspension no longer exist, any or all other restoration requirements imposed by the board have been met, and the board has restored the licensee's status.

"Temporary license" means a license for a period of time not to exceed one hundred eighty days that the board may issue pursuant to division (B) of section 4751.06 of the Revised Code.

"Training agency for continuing education" means an accredited college or university; a statewide or national agency, association or professional society related to the field of nursing home administration or a corporation or other legal entity that is approved by the board to provide courses of study or programs of instruction required for the annual renewal of the certificate of registration.

"Valid license" means a license that is current, as effected by the annual renewal of the certificate of registration, and that is in good standing.

"Veteran" means any person who has completed service in the armed forces, including the national guard of any state, or a reserve component of the armed forces, who has been discharged under honorable conditions from the armed forces or who has been transferred to the reserve with evidence of satisfactory service.

Effective: 2/17/2019
Five Year Review (FYR) Dates: 11/30/2018 and 02/17/2024
Promulgated Under: 119.03
Statutory Authority: 4751.04 ; 42 U.S.C. 1396g(c)(1); 42 C.F.R. 430.707(a)
Rule Amplifies: R.C. Chapter 4751; 42 U.S.C. 1396g; 42 C.F.R. 431.701
Prior Effective Dates: 10/01/1974, 01/01/1977, 02/20/1984, 04/29/2004, 01/15/2006, 06/01/2015, 06/01/2016, 04/16/2018