1. Issuance
In order to fill a vacant administrator position in a
multi-level long term care facility subject to these rules, the board may issue
a temporary license to an applicant who meets the qualifications as outlined in
subsection 2 below and is subject to supervision by a board-approved licensed
administrative consultant.
2. Qualifications for Temporary Licensure
To qualify for temporary licensure, an applicant must:
A. Be at least 21 years old;
B. Provide evidence of a high school diploma
or its equivalent; and
C. Provide
proof in the form of a current resume that the applicant either:
(1) Is the current director of nursing at the
multi-level long term care facility and has held the position for a minimum of
one (1) year; or
(2) Has a minimum
of two (2) years of experience in a managerial position in a multi-level long
term care facility within the five (5) years immediately preceding the
application.
3. Application
An individual must apply for temporary licensure on an
application provided by the board. The applicant must include with the
application:
A. Written Statement
A written statement by the owner or representative of the
governing body of the multi-level long term care facility for which temporary
licensure is sought certifying that the facility's position of administrator
has become vacant; that it plans to employ the applicant on a temporary basis
if the applicant is issued a temporary license; and that it will retain a
licensed administrative consultant as described in Section 1(6) of this chapter
for the period in which the applicant renders services to it under a temporary
license.
B. Fees
The license fee required in Chapter 10 of the rules of the
Office of Professional and Occupational Regulation, entitled "Establishment of
License Fees."
C.
Additional Information
Such other information as the board may require.
4. Terms of the
Temporary License
A temporary license is valid only for the employment in the
long term care facility specified in the application. A temporary license is
non-transferable.
5.
Duration
A temporary license may be issued for a period not to exceed
one (1) year. The temporary license may not be further renewed or re-issued to
the same candidate for the same facility, except in situations of demonstrated
hardship and in the sole discretion of the board Notwithstanding Chapter 28,
there is no requirement to complete continuing education requirements if the
board permits renewal.
6.
Licensed Administrative Consultant (LAC)
A.
Hiring of LAC
An LAC must be under contract for the duration of a temporary
license to consult with the temporary licensee with regards to administration
of the facility.
B.
Qualifications of LAC
The temporary licensee must consult with an LAC who:
(1) Has been continuously licensed by the
board at a level of licensure that is equivalent to or higher than the level of
permanent licensure required to administer the multi-level long term care
facility for the five (5) years preceding commencement of the consulting
relationship with no lapse of licensure, and maintains the license in effect
for the duration of the consulting relationship;
(2) Has a minimum of three (3) years of
full-time experience as an administrator of a facility, in Maine or elsewhere,
that is comparable to the facility for which consultation is sought;
and
(3) Has not been disciplined by
any professional or occupational regulatory authority in any jurisdiction
during the five (5) years preceding the temporary license application, and
remains free from professional discipline during the term of the temporary
license. The board will consider surveys conducted by the Maine Department of
Health and Human Services and disciplinary history when reviewing
applications.
C.
Supervision by LAC
(1) The LAC must provide
direct supervision of the temporary licensee and shall provide for coverage in
the event of a temporary absence. The LAC and temporary licensee may
participate in supervisory meetings in person or via video conferencing,
conference telephone, or similar communications equipment by means of which all
persons participating in the meeting can hear each other and
participate.
(2) Should the
approved LAC be unavailable to provide supervision to the temporary licensee
for any portion of the one year timeframe specified in section 1(5) of this
chapter, the board may issue a waiver for no more than thirty (30) days from
the absence giving due consideration to public protection. A second request for
another thirty (30) day waiver may be made. The temporary licensee must submit
to the board a waiver request in writing as soon as practicable prior to the
unavailability of the LAC or within 10 days of unavailability of the LAC and
may propose a replacement LAC at that time. A replacement LAC must be appointed
within thirty (30) days from the absence but in no event later than a maximum
of sixty (60) days from the absence.
(3) The LAC must submit a monthly evaluation
report on the temporary licensee to the board. The report must contain the
hours the LAC spent with the temporary licensee, the content of the supervision
and the domains that were covered. The report must be received by the board no
later than ten (10) days after the reporting period.
