A. Composition
The Board shall consist of seven (7) members in addition to
the state health officer or his designee, as outlined in Section
73-17-7 of the
Act.
B. Meetings
(1) The Board shall meet regularly at least
once every calendar quarter.
(2)
The Chairman, or Vice-Chairman acting for and in the absence of the Chairman,
may call special meetings thereof when, in his judgment, circumstances or
functions of the Board require it.
(3) Upon written petition of a simple
majority of the members of the Board, the Chairman, or Vice-Chairman acting for
and in the absence of the Chairman, shall call a special meeting for the
purposes cited in said petition.
C. General Powers
(1) The Board shall exercise such powers as
provided by the laws of this state pertaining to the licensing and registration
of nursing home administrators.
(2)
From time to time the Board may make and publish such rules and regulations not
inconsistent with the Act and other applicable laws as it may deem necessary
and proper for the execution and enforcement of the laws and rules and
regulations governing the licensing and registration of nursing home
administrators.
D.
Officers and Duties
(1) The Board shall elect
annually from its members a Chairman and a Vice-Chairman. The terms of said
officers shall commence on July 1, and end on June 30 of the following
year.
(2) The Chairman shall
preside at all meetings of the Board, and shall sign all official documents of
the Board. In the absence of the Chairman, the Vice-Chairman shall preside at
the meetings, and perform all duties usually performed by the
Chairman.
(3) Should the office of
Vice-Chairman be vacated, the majority of the Board shall elect a
Vice-Chairman.
(4) The Board shall
employ an Executive Director who shall not be a member of the Board.
(5) In addition to the duties imposed by law,
the Executive Director shall:
a. attend all
meetings of the Board;
b. keep a
full, complete record of the minutes of said meetings;
c. notify the members of the Board of the
time and place fixed for meetings of the Board;
d. prepare and circulate to the members of
the Board a written agenda approximately five (5) days prior to each
meeting;
e. maintain the records
pertaining to licensees and registrants and the Rules and
Regulations;
f. Conduct all routine
correspondence of the Board;
g.
issue all notices of meetings and hearings;
h. have custody of all books, records, and
property of the Board;
i. annually,
within sixty (60) days of the end of the fiscal year, submit books to the State
Audit Department for an audit;
j.
distribute any audit results, on receipt, to all members of the Board for
review;
k. receive all monies
payable to the Board, disburse funds, and keep such financial records as are
approved by the Board;
l. be bonded
as set forth in Section
73-17-7(4) of the
Act; and
m. perform all duties
pertaining to the office of Executive Director.
(6) The Chairman shall be authorized to
appoint any committee he deems necessary.
E. Oral Proceedings on Proposed Rules
(1) Scope. This rule applies to all oral
proceedings held for the purpose of providing the public with an opportunity to
make oral presentations on proposed new rules and amendments to rules before
the Department pursuant to S25-43-3.104.
(2) When Oral Proceedings will be Scheduled
on Proposed Rules. The Department will conduct an oral proceeding on a proposed
rule or amendment if requested by a political subdivision, an agency or ten
(10) persons in writing within twenty (20) days after the filing of the notice
of the proposed rule.
(3) Request
Format. Each request must be printed or typewritten, or must be in legible
handwriting. Each request must be submitted on standard business letter-size
(8-1/2 inches by 11 inches). Requests may be in the form of a letter addressed
to the Department and signed by the requestor(s).
(4) Notification of Oral Proceeding. The
date, time and place of all oral proceedings shall be filed with the Secretary
of State's office and mailed to each requestor. The oral proceedings will be
scheduled no earlier than twenty (20) days from the filing of this information
with the Secretary of State.
(5)
Presiding Officer. The Commissioner or his designee, who is familiar with the
substance of the proposed rule, shall preside at the oral proceeding on a
proposed rule.
(6) Public
Presentation and Participation.
(a) At an
oral proceeding on a proposed rule, persons may make oral statements and make
documentary and physical submissions, which may include data, views, comments
or arguments concerning the proposed rule.
(b) Persons wishing to make oral
presentations at such a proceeding shall notify the Department at least one
business day prior to the proceeding and indicate the general subject of their
presentations. The presiding officer in his or her discretion may allow
individuals to participate that have not previously contacted the
Department.
(c) At the proceeding,
those who participate shall indicate their names and addresses, identify any
persons or organizations they may represent, and provide any other information
relating to their participation deemed appropriate by the presiding
officer.
(d) The presiding officer
may place time limitations on individual oral presentations when necessary to
assure the orderly and expeditious conduct of the oral proceeding. To encourage
joint oral presentations and to avoid repetition, additional time may be
provided for persons whose presentations represent the views of other
individuals as well as their own views.
(e) Persons making oral presentations are
encouraged to avoid restating matters that have already been submitted in
writing.
(f) There shall be no
interruption of a participant who has been given the floor by the presiding
officer, except that the presiding officer may in his or her discretion
interrupt or end the participant's time where the orderly conduct of the
proceeding so requires.
(7) Conduct of Oral Proceeding.
(a) Presiding officer. The presiding officer
shall have authority to conduct the proceeding in his or her discretion for the
orderly conduct of the proceeding. The presiding officer shall (i) call
proceeding to order; (ii) give a brief synopsis of the proposed rule, a
statement of the statutory authority for the proposed rule, and the reasons
provided by the Department for the proposed rule; (iii) call on those
individuals who have contacted the Department about speaking on or against the
proposed rule; (iv) allow for rebuttal statements following all participants'
comments; (v) adjourn the proceeding.
(b) Questions. The presiding officer, where
time permits and to facilitate the exchange of information, may open the floor
to questions or general discussion. The presiding officer may question
participants and permit the questioning of participants by other participants
about any matter relating to that rule-making proceeding, including any prior
written submissions made by those participants in that proceeding; but no
participant shall be required to answer any question.
(c) Physical and Documentary Submissions.
Submissions presented by participants in an oral proceeding shall be submitted
to the presiding officer. Such submissions become the property of the
Department and are subject to the Department's public records request
procedure.
(d) Recording. The
Department may record oral proceedings by stenographic or electronic
means.
F.
Declaratory Opinions
(1) Scope. These rules
set forth the Mississippi State Board of Nursing Home Administrators' (MSBNHA),
hereinafter MSBNHA, rules governing the form and content of requests for
declaratory opinions, and the MSBNHA's procedures regarding the requests, as
required by Mississippi Code S25-43-2.103. These rules are intended to
supplement and be read in conjunction with the provisions of the Mississippi
Administrative Procedures Law, which may contain additional information
regarding the issuance of declaratory opinions. In the event of any conflict
between these rules and the Mississippi Administrative Procedures Law, the
latter shall govern.
(2) Persons
Who May Request Declaratory Opinions. Any person with a substantial interest in
the subject matter may request a declaratory opinion from the MSBNHA by
following the specified procedures. "Substantial interest in the subject
matter" means: an individual, business, group or other entity that is directly
affected by the MSBNHA's administration of the laws within its primary
jurisdiction. "Primary jurisdiction of the agency" means the agency has a
constitutional or statutory grant of authority in the subject matter at
issue.
(3) Subjects Which May Be
Addressed in Declaratory Opinions. The MSBNHA will issue declaratory opinions
regarding the applicability to specified facts of:
(1) a statute administered or enforced by the
MSBNHA or
(2) a rule promulgated by
the MSBNHA. The MSBNHA will not issue a declaratory opinion regarding a statute
or rule which is outside the primary jurisdiction of the
agency.
(4) Circumstances
In Which Declaratory Opinions Will Not be Issued. The MSBNHA may, for good
cause, refuse to issue a declaratory opinion. The circumstances in which
declaratory opinions will not be issued include, but are not necessarily
limited to:
(a) lack of clarity concerning
the question presented;
(b) there
is pending or anticipated litigation, administrative action, or other
adjudication which may either answer the question presented by the request or
otherwise make an answer unnecessary;
(c) the statute or rule on which a
declaratory opinion is sought is clear and not in need of interpretation to
answer the question presented by the request;
(d) the facts presented in the request are
not sufficient to answer the question presented;
(e) the request fails to contain information
required by these rules or the requestor failed to follow the procedure set
forth in these rules;
(f) the
request seeks to resolve issues which have become moot, or are abstract or
hypothetical such that the requestor is not substantially affected be the
statute or rule on which a declaratory opinion is sought;
(g) no controversy exists concerning the
issue as the requestor is not faced with existing facts or those certain to
arise which raise a question concerning the application of the statute or
rule;
(h) the question presented by
the request concerns the legal validity of a statute or rule;
(i) the request is not based upon facts
calculated to aid in the planning of future conduct but is, instead, based on
past conduct in an effort to establish the effect of that conduct;
(j) no clear answer is
determinable;
(k) the question
presented by the request involves the application of a criminal statute or a
sets of facts which may constitute a crime;
(l) the answer to the question presented
would require the disclosure of information which is privileged or otherwise
protected by law from disclosure;
(m) The question is currently the subject of
an Attorney General's opinion request or has been answered by an Attorney
General's opinion;
(n) A similar
request is pending before this agency or any other agency or a proceeding is
pending on the same subject matter before any agency, administrative or
judicial tribunal, or where such an opinion would constitute the unauthorized
practice or law.
(o) Where issuance
of a declaratory opinion may adversely affect the interests of the State, the
MSBNHA or any of their officers or employees in any litigation which is pending
or may reasonably be expected to arise;
(p) The question involves eligibility for a
license, permit, certificate or other approval by the MSBNHA or some other
agency, and there is a statutory or regulatory application process by which
eligibility for said license, permit, certificate or other approval would be
determined.
(5) Written
Request Required. Each request must be printed or typewritten, or must be in
legible handwriting. Each request must be submitted on standard business
letter-sized paper (8-1/2 inches by 11 inches). Requests may be in the form of
a letter addressed to the MSBNHA.
(6) Where to Send Requests. All requests must
be mailed, delivered or transmitted via facsimile to the MSBNHA. The request
shall clearly state that it is a request for a declaratory opinion. No oral,
telephone requests or email requests will be accepted for official
opinions.
(7) Name, Address and
Signature of Requestor. Each request must include the full name, telephone
number, and mailing address of the requestor. All requests shall be signed by
the person filing the request, who shall attest that the request complies with
the requirements set forth in these rules, including but not limited to a full,
complete, and accurate statement of relevant facts and that there are no
related proceedings pending before any other administrative or judicial
tribunal.
(8) Question Presented.
Each request shall contain the following:
(a)
a clear and concise statement of all facts on which the opinion is
requested;
(b) a citation to the
statute or rule at issue;
(c) the
question(s) sought to be answered in the opinion, stated clearly;
(d) a suggested proposed opinion from the
requestor, stating the answers desired by petitioner and a summary of the
reasons in support of those answers;
(e) the identity of all other known persons
involved in or impacted by the described factual situation, including their
relationship to the facts, name, mailing address and telephone number;
and
(f) a statement to show that
the person seeking the opinion has a substantial interest in the subject
matter.
(9) Time for
MSBNHA's Response. Within forty-five (45) days after the receipt of a request
for a declaratory opinion which complies with the requirements of these rules,
the MSBNHA shall, in writing:
(a) issue a
declaratory opinion regarding the specified statute or rule as applied to the
specified circumstances;
(b)
decline to issue a declaratory opinion, stating the reasons for its action;
or
(c) agree to issue a declaratory
opinion by a specified time but not later than ninety (90) days after receipt
of the written request; The forty-five (45) day period shall begin running on
the first State of Mississippi business day on or after the request is received
by the MSBNHA, whichever is sooner.
(10) Opinion Not Final for Sixty Days. A
declaratory opinion shall not become final until the expiration of sixty (60)
days after the issuance of the opinion. Prior to the expiration of sixty (60)
days, the MSBNHA may, in its discretion, withdraw or amend the declaratory
opinion for any reason which is not arbitrary or capricious. Reasons for
withdrawing or amending an opinion include, but are not limited to, a
determination that the request failed to meet the requirements of these rules
or that the opinion issued contains a legal or factual error.
(11) Notice by MSBNHA to third parties. The
MSBNHA may give notice to any person, agency or entity that a declaratory
opinion has been requested and may receive and consider data, facts, arguments
and opinions from other persons, agencies or other entities other than the
requestor.
(12) Public Availability
of Requests and Declaratory Opinions. Declaratory opinions and requests for
declaratory opinions shall be made available for public inspection and copying
in accordance with the Public Records Act and the MSBNHA's public records
request procedure. All declaratory opinions and requests shall be indexed by
name and subject. Declaratory opinions and requests which contain information
which is confidential or exempt from disclosure under the Mississippi Public
Records Act or other laws shall be exempt from this requirement and shall
remain confidential.
(13) Effect of
a Declaratory Opinion. The MSBNHA will not pursue any civil, criminal or
administrative action against a person who is issued a declaratory opinion from
the MSBNHA and who, in good faith, follows the direction of the opinion and
acts in accordance therewith unless a court of competent jurisdiction holds
that the opinion is manifestly wrong. Any declaratory opinion rendered by the
MSBNHA shall be binding only on the MSBNHA and the person to whom the opinion
is issued. No declaratory opinion will be used as precedent for any other
transaction or occurrence beyond that set forth by the requesting
person.
G. Public Records
All public requests to inspect, copy or mechanically
reproduce or obtain a reproduction of any public record of the Mississippi
State Board of Nursing Home Administrators (Board) must be submitted in writing
to: Mississippi State Board of Nursing Home Administrators, 1755 Lelia Drive,
Suite 305, Jackson, Mississippi 39216. This rule is not intended to apply to
any record or other document, which is exempted or privileged under the
provisions of the Mississippi Public Records Act.
The written request must be typed or clearly handprinted on a
letter size piece of paper and must specify in detail the public record(s)
sought. The request must include a description of the type of record, dates,
title of a publication, and other information which may aid in locating the
record. No verbal or telephone requests for records will be accepted.
Under the Public Records Act, documents that are exempt from
public access to records include, but are not limited to, personnel records,
appraisal records, attorney communications and work products of attorneys,
academic records, third party confidential, commercial or financial
information, licensure applications and examination records, and individual tax
records.
The Board, upon receipt of any public records request, shall
review same and determine whether the records sought are exempt or privileged
by law and shall either produce the records or allow access to records or deny
access to or production of the records sought within seven (7) working days of
the receipt of the request by the Board. If the Board is unable to produce a
public record by the seventh working day after the request is made, the Board
will provide the requester with a written explanation stating that the record
requested will be produced and specify the reason why the records cannot be
produced within the seven-day period. Unless there is mutual agreement between
the Board and the requester, the date of production of the requested record
will be no later than fourteen (14) working days from the Board's receipt of
the original public record request.
When a request for information is made for documents
furnished to the Board by a third party, the Board will give notice of the
request to the third party as required by the Public Records Act. Third party
information will not be released without the prior written consent of the third
party authorizing the release of the information and/or until the third party
has been provided with notice of the public records request and an opportunity
to seek a court order protecting such records from public review. No third
party information will be released by the Board if the third party obtains a
court order prohibiting the disclosure of such information.
All inspection, copying or mechanical reproduction shall be
done in the offices of the Board or such other reasonable place within the
State of Mississippi as may be designated by the Board.
When possible, nonexempt material will be separated from
exempt material and only the exempt material will be withheld.
If the Board determines that the records requested are exempt
or privileged under the law, the request shall be denied and the person making
the request will be provided a statement of the specific reasons for the
denial. Such denials shall be kept on file for inspection by any person for
three (3) years from the date such denials are made.
Public records of the Board will be made available at the
Board office during regular hours (8:00 a.m. through 5:00 p.m., Monday through
Friday) by appointment.
The requester must pay the Board in advance for the cost of
searching, obtaining from storage, reviewing, shipping and/or duplicating the
requested records. Such payment must be sufficient to cover the actual costs to
the Board of complying with the public records request. There shall be a charge
of $1.00 per page for each copy. Copies printed on both sides (front and back)
shall be considered as two pages for copy charge purposes. Mailing cost shall
be calculated at the applicable rate for each such mailing. If the request
involves notice being given to a third party, the cost of mailing such notice
to the third party shall be charged to the requester. Cost of obtaining records
from any state storage facilities and the search for the records shall be
charged to the requester. If the actual cost of a public records request
exceeds the estimated cost provided to the requester, the requester will be
required to pay the Board the difference between the amounts paid in advance by
the requester and the actual cost of supplying the record to the
requester.
Payment by the public records requester must be made by money
order or certified check.
The Board has also established a schedule of standard fees
for frequently requested documents and information, directory or labels of
licensed Nursing Home administrators, and electronically accessible data. The
schedule of standard documents and fees is listed below.
H. Fee Schedule
All fees and costs are to be paid by check, cashier's check,
money order, or credit card to the Board, with the appropriate form or request
attached, unless otherwise specified. All fees and costs are
non-refundable.
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Application Fees:
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Administrator-in-Training Application (incl. State
Study Pkt)
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$325.00
|
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Endorsement/Reciprocity Application (incl. State
Study Pkt)
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$325.00
|
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Emergency Permit Application (incl. State Study
Pkt) Universal Recognition of Occupational Licenses and Temporary Practice
Permits of Persons Who Establish Residence in this State (UROLA)
Application
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$325.00
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(incl. State Study Pkt)
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$325.00
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Reinstatement Application
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$325.00
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Temporary Permit Application
Universal Recognition of Occupational Licenses and
Temporary Practice Permits of Persons Who Establish
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$300.00
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Residence in this State Temporary Permit (UROLA)
Application
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$300.00
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License Fees:
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Renewal Fee
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$550.00
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Renewal Late Fee
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$150.00
|
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Temporary Permit Fee
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$100.00
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UROLA Temporary Practice Permit Fee
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$100.00
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Reinstatement Fee
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$550.00
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Continuing Education Fees:
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Sponsor Fees:
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Distance Learning (1 - 2 hours)
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$200.00
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Distance Learning (2.25 - 6 hours)
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$250.00
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In-person (1-6 hours)
An additional $40.00 fee for each hour or
portion
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$250.00
|
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therof above the 6 CE hours
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$40.00
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Each additional presentation of same program
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$150.00
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Individual Request Fee
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$75.00
|
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Fee for Release of Licensure Information to Another
State Board (Endorsement Questionnaire)
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$75.00
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Administer Two Facilities Request Fee
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$300.00
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Duplicate Large License
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$50.00
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Duplicate Small License
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$25.00
|
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ID Card Replacement
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$25.00
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State Test Fee
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$225.00
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State Study Packet
(Designed for preparation for the State
Test)
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$75.00
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Preceptor Certification Program Fee - three weeks
prior
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(both days)
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$450.00
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(one day only)
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$350.00
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Preceptor Certification Program Fee
(both days)
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$475.00
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(one day only)
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$375.00
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Preceptor Program Notebook Replacement
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$100.00
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Change of Information Research/Return Fee
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$35.00 per incident
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Returned Check Fee
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$50.00
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Directory of Licensed Administrators (emailed Excel
spreadsheet)
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$100.00
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Rules and Regulations
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Cost of duplication
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