HAR Chapter 90 – Nursing Home Administrators

us-hi-regs-official-88de2f5b46f3df31a7cbd6d2b900f74b9328ad063ef4d0d27a186ddc0340e815HAR Chapter 90 – Nursing Home AdministratorsRegulation

HAWAII ADMINISTRATIVE RULES{PRIVATE }
TITLE 16
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
CHAPTER 90
NURSING HOME ADMINISTRATORS
Subchapter 1 General Provisions
§16-90-1 	Objective
§16-90-2 	Definitions
§16-90-3 	Officers and duties
Subchapter 2 Requirements
§16-90-7 	Repealed
§16-90-7.5 	Educational requirements for admission to examination
§16-90-7.10 	Practical experience required for admission to examination
§16-90-7.15 	Qualifications 	as 	to 	fitness 	and 	suitability 	for 	admission 	to
examination
§16-90-8 	Application for examination
§16-90-9 	Temporary permit
§16-90-10 	Misrepresentation of material fact
Subchapter 3 Conditional Admission to Examination; Denial;
Reexamination
§16-90-14 	Conditional admission to examination; denial; reexamination
Subchapter 4 Examination
§16-90-18 	Examination
Subchapter 5 Study Programs
90-1
Complete printed PDF page 1
§16-90-22 	Registration of institutions and program of study
§16-90-23 	Approval of programs of study
§16-90-24 	Certification of programs of study for Federal financial
participation
Subchapter 6 Reciprocity
§16-90-28 	Conditions
§16-90-29 	Revocation, suspension of endorsed licenses
Subchapter 7 License Renewal
§16-90-33 	License renewal
§16-90-34 	Restoration
Subchapter 8 Practical Training and Experience
§16-90-37 	Administrator-in-training programs
Subchapter 9 Revocation and Suspension
§16-90-41 	Statutory provisions
§16-90-42 	Grounds for disciplinary sanctions
§16-90-43 	Additional grounds for disciplinary sanctions
Subchapter 10 Practice and Procedure
§16-90-46 	Administrative practice and procedure
Subchapter 11 Oral Testimony
§16-90-50 	Oral testimony
SUBCHAPTER 1
GENERAL PROVISIONS
90-2
Complete printed PDF page 2
§16-90-1 	Objective. 	This chapter is intended to clarify and implement
chapter 457B, Hawaii Revised Statutes, to the end that the provisions thereunder
may be best effectuated and the public interest most effectively served. 	[Eff
1/8/71; am 6/14/80; am and ren §16-90-1, 7/30/81; am and comp 4/4/88] (Auth:
HRS §457B-6) (Imp: HRS §457B-6)
§16-90-2 	Definitions. 	Whenever used in this chapter, unless otherwise
stated, or unless the context or subject matter requires a different meaning, the
following 	terms 	shall 	have 	the 	respective 	meanings 	hereinafter 	set 	forth 	or
indicated:
"Board" means the board of examiners of nursing home administrators of
the State.
"Nursing home" means a place authorized as such by the appropriate
licensing authority of this State for the care of patients requiring continued nursing
or health care, or both, such as a skilled nursing facility or an intermediate care
facility.
"Nursing home administrator" means any individual who is responsible for
the overall administration of a nursing home involving the planning, organizing,
directing, and controlling of its operation, whether or not the individual has an
ownership interest in the home and whether or not the functions and duties are
shared with one or more other individuals, and who has been licensed and
registered as such by the board in accordance with the provisions of the State
licensing statute. 	A nursing home administrator who has been licensed and
registered as such by the board is so designated by the initials NHA, nursing home
administrator, after the licensee's name.
"Nursing home administrator-in-training" means an individual registered as
such with the board, under and pursuant to the law and this chapter.
"Person" means an individual and does not include a firm, corporation,
association, partnership, institution, public body, joint stock association, or any
other group of individuals.
"Practical experience in the administration of a skilled nursing facility or
intermediate care facility" means the administration of services to more than one
individual; 	administrative 	services 	which 	have 	as 	a 	major 	component 	the
supervision of more than one profession or discipline; and an administrative
position in which the individual has assumed direct responsibility and is held
accountable for the individual's acts to the administrator or governing body of the
facility.
"Practice of nursing home administration" means the performance of any
act, or the making of any decision involved in the planning, organizing, directing,
90-3
Complete printed PDF page 3
or controlling of the operation of a nursing home. 	[Eff 1/8/71; am 6/14/80; am
and ren §16-90-2, 7/30/81; am and comp 4/4/88] (Auth: 	HRS §457B-6); (Imp:
HRS §§457B-2, 457B-6)
§16-90-3 	Officers and duties. 	(a) The board shall elect annually from its
membership a chairman and a vice chairman, whose term shall be the calendar
year. No member may serve more than two terms in one office.
(b) 	The chairman shall preside at all meetings of the board. 	In
the absence of the chairman, the vice chairman shall preside at meetings and
perform 	all duties usually performed by the chairman. 	[Eff 7/14/72; am and ren
§16-90-3, 7/30/81; am and comp 4/4/88] (Auth: 	HRS §457B-6) (Imp: 	HRS
§457B-5)
SUBCHAPTER 2
REQUIREMENTS
§16-90-7 Repealed. [R 4/4/88]
§16-90-7.5 Educational requirements for admission to examination. (a) To
be admitted to take the examination for licensure, a person shall have met the
following educational requirements:
(1) 	Successful 	completion 	of 	a 	course 	of 	study 	at 	an 	accredited
institution of higher education and receipt of a baccalaureate degree;
provided that the board shall seek the advice of the University of
Hawaii, office of admissions, regarding the accreditation of the
college or university that the person attended, and that the board
shall approve any degree recognized by the University of Hawaii;
and
(2) 	Successful completion of a:
(A) 	Regular 	course 	of 	study 	or 	program 	in 	an 	accredited
institution of higher education, which course of study or
program shall have been approved by the board as being
adequate 	academic 	preparation 	for 	nursing 	home
administration; or
90-4
Complete printed PDF page 4
(B) 	Specialized course of study in the area of administration of a
skilled nursing facility or intermediate care facility, which
course of study shall have included the general subject areas
or their equivalent described in section 16-90-23, and which
course of study shall have been approved by the board as
being 	adequate 	academic 	preparation 	for 	nursing 	home
administration.
The 	board 	may 	exempt 	an 	applicant 	from 	completing 	the 	currently
approved nursing home administrator's regular or specialized course mentioned in
paragraph (2)(A) and (B) under the following circumstances:
(1) 	The 	board 	determines 	that 	the 	applicant's 	baccalaureate 	or
post-baccalaureate formal education has imparted the knowledge and
skills taught in the course; or
(2) 	An applicant possesses at least three years of administrative work
experience in a health-related area attained within the five years
prior to the date of the application.
(b) 	A person shall be deemed to have met the educational requirements
of subsection (a)(1) and (2) if the person has been awarded a master's degree in
hospital administration or a master's degree in public health in the specialized field
of gerontology or in the specialized field of administration of health care facilities,
including a board-approved course with a minimum credit of three semester hours
in the subject area of administration of a skilled nursing facility or intermediate care
facility. 	[Eff and comp 4/4/88] (Auth: 	HRS §457B-6) (Imp: 	§§457B-6, 457B-
3.1)
§16-90-7.10 	Practical experience required for admission to examination.
(a) In addition to the educational requirements in section 16-90-7.5, a person shall
have met one of the following requirements with respect to practical experience
before being admitted to take the examination for licensure:
(1) 	Successful completion of one year of practical experience in the
administration of a skilled nursing facility or intermediate care
facility; or
(2) 	Satisfactory 	completion 	of 	one 	year 	of 	practical 	training 	and
experience as an administrator-in-training in a nursing home as
prescribed in section 16-90-37.
(b) 	The 	following 	may 	be 	substituted 	for 	one 	year 	of 	practical
administrative experience required under subsection (a)(1) or (2):
90-5
Complete printed PDF page 5
(1) 	A master's degree from an accredited institution of higher education
in one of the following areas, with specialization in health services
administration;
(A) 	Public health;
(B) 	Business administration; or
(C) 	Hospital administration; or
(2) 	One year of administrative experience gained by the person in a
health related area. 	[Eff and comp 4/4/88] (Auth: 	HRS §457B-6)
(Imp: HRS §§457B-6, 457B-3.1)
§16-90-7.15 	Qualifications as to fitness and suitability for admission to
examination. (a) In addition to meeting the requirements in sections 16-90-7.5 and
16-90-7.10, and prior to being permitted to take the examination for licensure as a
nursing home administrator, a person shall furnish evidence satisfactory to the
board of being:
(1) 	Over twenty-one years of age;
(2) 	Of good moral character;
(3) 	Able 	to 	understand 	and 	communicate 	general 	and 	technical
information necessary to the administration and operation of a
nursing home;
(4) 	Able to assume responsibilities for the administration of a nursing
home, as indicated by prior accredited activities, evaluation of prior
services, and evidence obtained by the board;
(5) 	Able to relate the physical, psychological, spiritual, emotional, and
social needs of ill or aged individuals to the administration of a
nursing home, including executives of the nursing home, and to
create the compassionate climate necessary to meet the needs of the
nursing home's patients.
(b) 	The following shall be considered for the purpose of determining
the person's qualifications under subsection (a)(3), (4), and (5):
(1) 	For persons currently in the field, a statement of work performance
covering at least the calendar year preceding the date of application.
The statement shall be on forms provided 	by the board and shall
be from the person's employer or employers, including governing
boards of the institutions. 	In the absence of an employer or
governing board, the statement shall be obtained from the nursing
home licensing agency; or
90-6
Complete printed PDF page 6
(2) 	For persons not currently in the field, a statement or statements on
forms provided by the board:
(A) 	Of work performance from prior or present employers; or
(B) 	Evaluating the person's performance as an administrator-in-
training;
to assess whether the person has the essential knowledge and training
required of a nursing home administrator.
(c) 	The requirements of fitness and suitability set forth in this section
are to be considered minimum requirements and shall not be waived.
(d) 	A person applying for examination who has been convicted of a
felony in any court of this State, any other state, or any court of the United States,
shall not be admitted to take the examination provided for in this chapter unless the
person shall first submit to and file with the board:
(1) 	A certificate of good conduct granted by the board of parole; or
(2) 	An equivalent statement or document, in the case of a conviction in
any jurisdiction which does not provide for the issuance of a
certificate of good conduct.
(e) 	A person applying for examination who has been convicted of a
misdemeanor (excepting minor traffic violations) shall not be admitted to or
permitted to take the examination provided for in this chapter unless the person
shall first submit to and file with the board:
(1) 	A certificate or letter of good conduct from the proper parole,
probation, 	court 	or 	police 	authorities, 	wherein 	the 	conviction
occurred; or
(2) 	An equivalent written statement or document.
(f) 	The board may designate a time and place at which the person
applying for examination may be interviewed as to the person's fitness and
suitability. [Eff and comp 4/4/88] (Auth: HRS §457B-6) (Imp: HRS §457B-6)
§16-90-8 Application for examination. An applicant for examination for a
license as a nursing home administrator shall:
(1) 	Apply in writing on forms that are:
(A) 	Provided by the board; and
(B) 	Notarized;
(2) 	Apply at least two months prior to the examination;
(3) 	Provide evidence satisfactory to the board that the applicant meets
the pre-examination requirements provided for in chapter 457B,
HRS, and this chapter; and
90-7
Complete printed PDF page 7
(4) 	Submit with the application:
(A) 	Three 	letters, 	attesting 	to 	the 	applicant's 	good 	moral
character, from individuals engaged in either business or the
professions, 	who 	are 	not 	the 	applicant's 	relatives 	or
employees; and
(B) 	A finished, unmounted photograph of the applicant which
shall not be less than two and one-half inches nor more than
three inches square, and which shall have been taken within
three months prior to the date of the application. 	[Eff
1/8/71; am 6/14/80; am and ren §16-90-8, 7/30/81; am and
comp 4/4/88] (Auth: HRS §457B-6) (Imp: HRS §457B-6)
§16-90-9 Temporary permit. If a licensed nursing home administrator dies
or is removed from the administrator's position for other unexpected cause, the
board may grant a temporary permit without examination to a responsible person
designated by the nursing home, who possesses to the board's satisfaction adequate
qualifications to be accepted for examination for a license as a nursing home
administrator. 	The temporary permit shall not exceed one hundred twenty days
except that it may be extended should the examination be held beyond this one
hundred twenty day limit. Failure to pass the examination shall automatically void
the temporary permit and the person designated shall not be eligible for any
subsequent temporary permit. 	[Eff 7/14/72; am 6/14/80; am and ren §16-90-9,
7/30/81; am and comp 4/4/88] (Auth: HRS §457B-6) (Imp: HRS §457B-6)
§16-90-10 	Misrepresentation of material fact. 	Any misrepresentation of
material fact by the applicant in the pre-examination requirements and qualifications
in 	the 	application 	for 	examination 	as 	a 	nursing 	home 	administrator 	or 	any
misrepresentation of material fact in the application for issuance of a temporary
permit as a nursing home administrator, shall result in the denial of the applicant
for the examination or denial of the issuance of a temporary permit as determined
by 	the 	board. 	[Eff 	6/14/80; 	am 	and 	ren 	§16-90-10, 7/30/81; am and comp
4/4/88] (Auth: HRS §457B-6) (Imp: HRS §457B-6)
SUBCHAPTER 3
CONDITIONAL ADMISSION TO EXAMINATION;
90-8
Complete printed PDF page 8
DENIAL; REEXAMINATION
§16-90-14 	Conditional admission to examination; denial; reexamination.
(a) The board may conditionally admit to examination for license as a nursing home
administrator, an applicant who on the date of a scheduled examination has not
fully established the applicant's qualifications, if, in the judgment of the board, it
appears that the applicant is otherwise qualified. 	Unless the applicant submits
satisfactory evidence that the applicant qualifies for examination within thirty days
following the date of the examination, the board shall notify the applicant that the
applicant is not eligible for licensure.
(b) 	An applicant for examination whose application has been denied
shall be given written notification by the board of the denial and the reasons
therefor and of the right to a hearing.
(c) 	An applicant for examination whose application has been denied
may petition the board in writing for hearing relief pursuant to chapter 16-201,
administrative practice and procedure, provided the petition for hearing relief is
filed within sixty days of the date of mailing of the letter informing the applicant of
the denial of the application.
(d) 	An applicant for examination whose application has been denied,
may submit a new application for qualification for examination, provided that the
applicant shall be required to meet the requirements for licensing as shall be in
force at the time of the reapplication. [Eff 1/8/71; am and ren §16-90-14, 7/30/81;
am and comp 4/4/88] (Auth: HRS §457B-6) (Imp: HRS §457B-6)
SUBCHAPTER 4
EXAMINATION
§16-90-18 	Examination. 	(a) Every applicant for a license as a nursing
home 	administrator, 	after 	meeting 	the 	requirements 	for 	qualification 	for
examination 	as 	set 	forth 	in 	subchapter 	2, 	shall 	successfully 	pass 	a 	written
examination which shall include, but need not be limited to the following subjects:
(1) 	Applicable standards of environmental health and safety;
(2) 	Local health and safety regulations;
(3) 	General administration;
(4) 	Psychology of patient care;
(5) 	Principles of medical care;
(6) 	Personal and social care;
90-9
Complete printed PDF page 9
(7) 	Therapeutic and supportive care and services to patients confined in
a nursing home;
(8) 	Departmental organization and management; and
(9) 	Community interrelationships.
(b) 	Every candidate for nursing home administrator license shall be
required to pass the two-part examination consisting of the national examination for
a nursing home administrator's license and the Hawaii state examination, covering
the laws and rules governing the administration of nursing homes, with a minimum
score of seventy-five per cent in each of the two parts of the examination and may
retake only the part or parts failed. If a candidate does not pass both parts after six
examinations, within a three year period from the first eligible examination to
which the candidate is admitted, the candidate shall retake the entire examination by
submitting a new application for qualification for examination. The candidate shall
be required to meet the requirements for the licensing examination, as set forth in
subchapter 2, which are in force at the time of the reapplication. 	[Eff 1/8/71; am
6/14/80; am and ren §16-90-18, 7/30/81; am 8/12/82; am and comp 4/4/88]
(Auth: HRS §457B-6) (Imp: HRS §457B-6)
SUBCHAPTER 5
STUDY PROGRAMS
§16-90-22 Registration of institutions and program of study. Any program
of study offered by an educational institution, association, professional society, or
organization for the purpose of qualifying applicants for licensure as nursing home
administrators shall first be registered with the board on forms provided by the
board. 	[Eff 1/8/71; am and ren §16-90-22, 7/30/81; am and comp 4/4/88] (Auth:
HRS §457B-6) (Imp: HRS §457B-6)
§16-90-23 	Approval of programs of study. 	(a) A program of study
designed 	to 	train 	and 	qualify 	applicants 	for 	licensure 	as 	nursing 	home
administrators, offered by any accredited university or college, shall be deemed
acceptable and approved for that purpose, provided that the program shall:
(1) 	Have been registered with the board;
(2) 	Include the following general subject areas or their equivalents:
(A) 	Applicable standards of environmental health and safety;
(B) 	Local health and safety regulations;
(C) 	General administration;
90-10
Complete printed PDF page 10
(D) 	Psychology of patient care;
(E) 	Principles of medical care;
(F) 	Personal and social care;
(G) 	Therapeutic and supportive care and services to patients
confined in a nursing home as defined in section 16-90-2;
(H) 	Departmental organization and management; and
(I) 	Community interrelationships; and
(3) 	Meet the academic requirements of the accredited institution of
higher education for awarding of academic credit; or, the program
is within the jurisdiction of an academic department of an accredited
institution and does not offer academic credit.
(b) 	Any 	program 	offered 	by 	an 	educational 	institution, 	except 	as
provided 	under 	section 	16-90-2, 	or 	association, 	professional 	society, 	or
organization other than an accredited institution of higher education, shall be
approved by the board, provided that the program shall:
(1) 	Have been registered with the board;
(2) 	Include the following general subject areas or their equivalents:
(A) 	Applicable standards of environmental health and safety;
(B) 	Local health and safety regulations;
(C) 	General administration;
(D) 	Psychology of patient care;
(E) 	Principles of medical care;
(F) 	Personal and social care:
(G) 	Therapeutic and supportive care and services to patients
confined in a nursing home;
(H) 	Departmental organization and management; and
(I) 	Community interrelationships; and
(3) 	Together with the faculty assignments, be submitted to the board no
later than sixty days prior to anticipated registration of students.
(c) 	Upon completion of an approved program of study, the sponsor or
sponsors of the program shall issue a certificate of satisfactory completion or other
written evidence of attendance satisfactory to the board. 	[Eff 1/8/71; am 7/14/72;
am 6/14/80; am and ren §16-90-23, 7/30/81; am 8/12/82; am and comp 4/4/88]
(Auth: HRS §457B-6) (Imp: HRS §457B-6)
§16-90-24 	Certification 	of 	programs 	of 	study 	for 	Federal 	financial
participation. 	Programs of study shall be certified by the board in a manner
consistent with the requirements of section 1908 of the United States Social
90-11
Complete printed PDF page 11
Security Act in order to qualify for Federal financial participation. [Eff 1/8/71; am
and ren §16-90-24, 7/30/81; am and comp 4/4/88] (Auth: 	HRS §457B-6) (Imp:
§457B-6)
SUBCHAPTER 6
RECIPROCITY
§16-90-28 	Conditions. 	Subject to the law and this chapter prescribing the
qualifications for a nursing home administrator license, the board may endorse,
without examination, a nursing home administrator license issued by the proper
authorities of any other state, upon payment of a fee, which fee shall be the same as
in licensure by examination, and upon submission of evidence satisfactory to the
board that:
(1) 	The other state maintains a system and standard of qualification and
examination for a nursing home administrator license, which are
substantially equivalent to those required by chapter 457B, HRS,
and this chapter;
(2) 	The other state gives similar recognition and endorsement to nursing
home administrator licensees of this State;
(3) 	The applicant for endorsement is familiar with State and local health
and safety regulations related to nursing homes; and
(4) 	The applicant for endorsement holds a valid license as a nursing
home administrator which has not been revoked or suspended in
each state from which the applicant has ever received a nursing
home administrator license or reciprocal endorsement. [Eff 1/8/71;
am and ren §16-90-28, 7/30/81; am and comp 4/4/88] (Auth: HRS
§457B-6) (Imp: HRS §457B-6)
§16-90-29 	Revocation, suspension of endorsed licenses. 	The board shall
have the power to revoke or suspend the endorsement of a nursing home
administrator license issued to any person upon evidence satisfactory to the board
that the person's license has been revoked or suspended by the duly constituted
authorities of any state. The licensee shall be given due notice of the board's action
and an opportunity to be heard at a formal hearing. 	[Eff 1/8/71; am and ren §16-
90-29, 7/30/81; am and comp 4/4/88] (Auth: 	HRS §457B-6) (Imp: 	HRS §457B-
6)
90-12
Complete printed PDF page 12
SUBCHAPTER 7
LICENSE RENEWAL
§16-90-33 	License renewal. 	A nursing home administrator's license shall
expire on June 30 of each even-numbered year and shall be renewed by applying
on a form provided by the board, and accompanied by the renewal fee. 	[Eff
7/14/72; am 6/14/80; am and ren §16-90-33, 7/30/81; am 8/12/82; am and comp
4/4/88] (Auth: HRS §457B-6) (Imp: HRS §457B-6)
§16-90-34 	Restoration. 	Any licensee whose license has been forfeited
pursuant to section 457B-9, HRS, may restore the license within three years after
forfeiture upon written application and payment of all delinquent fees plus a penalty
fee and evidence of participation in ten hours of educational programs for each year
of forfeiture, in the areas of academic study and participation in workshops,
seminars, 	conferences, 	and 	other 	training 	programs, 	in 	the 	subject 	areas
enumerated in section 16-90-23(a)(2). 	[Eff 8/12/82; am and comp 4/4/88] (Auth:
HRS §457B-6) (Imp: HRS §457B-6)
SUBCHAPTER 8
PRACTICAL TRAINING AND EXPERIENCE
§16-90-37 	Administrator-in-training programs. 	(a) Every candidate for
licensure as a nursing home administrator shall register with the board on a
prescribed form no later than two weeks prior to beginning the nursing home
administrator-in-training internship for the purpose of obtaining practical training
and experience as required by this chapter.
(b) 	No application for registration as a nursing home administrator-in-
training shall be approved unless the applicant;
(1) 	Is at least twenty-one years of age;
(2) 	Has completed high school and has successfully completed a course
of study for and has been awarded a baccalaureate degree from an
accredited institution of higher education;
90-13
Complete printed PDF page 13
(3) 	Has met all the pre-examination requirements set forth in sections
16-90-7.5 and 16-90-7.10, except the requirement for one year of
practical 	experience 	set 	forth 	in 	section 	16-90-10 	and 	all 	the
qualifications set forth in section 16-90-7.15 for examination for
licensure as a nursing home administrator.
(c) 	An application for registration as a nursing home administrator-in-
training shall not be approved unless the applicant submits evidence satisfactory to
the board that:
(1) 	The training shall include both practical experience and pertinent
academic study;
(2) 	The training shall include responsibilities for planning, organizing,
directing, and controlling the operation of the nursing home;
(3) 	The training shall be under the full-time supervision of a licensed
nursing home administrator and shall be of a grade and character
satisfactory to the board; the nursing home administrator trainer
shall submit a course outline with specific behavioral objectives;
(4) 	The training is to be obtained in a duly licensed nursing home
having 	authorized 	bed 	capacity 	of 	not 	less 	than 	fifty 	beds.
However, the board may make an exception for a nursing home
with bed capacity of less than fifty, provided the board is satisfied
that the nursing home has adequate facilities and personnel to afford
proper training;
(5) 	The trainee shall be a full-time employee and serve at least fifty per
cent of the training hours between the hours of seven a.m. and ten
p.m.
(d) 	The 	nursing 	home 	administrator 	trainer 	shall 	submit 	quarterly
performance evaluation reports to the board for the applicant's personal central file.
[Eff 7/14/72; am 6/14/80; am and ren §16-90-37, 7/30/81; am and comp 4/4/88]
(Auth: HRS §457B-6) (Imp: HRS §457B-6)
SUBCHAPTER 9
REVOCATION AND SUSPENSION
§16-90-41 	Statutory provisions. 	A nursing home administrator who fails
to comply with or violates chapter 457B, HRS, and this chapter may have the
administrator's license revoked or suspended by the board. 	[Eff 6/14/80; am and
90-14
Complete printed PDF page 14
ren §16-90-41, 7/30/81; am and comp 4/4/88;] (Auth: HRS §457B-6) (Imp: HRS
§457B-6)
§16-90-42 	Grounds for disciplinary sanctions. 	Violation of the following
standards of conduct shall result in revocation or suspension of a nursing home
administrator's license:
(1) 	The nursing home administrator shall not alter in any way the
physician's 	order 	for 	any 	patient's 	or 	resident's 	medical 	or
therapeutic care unless the orders are hazardous to the patient or
resident, in which case the physician shall be immediately notified;
(2) 	The nursing home administrator shall not defraud any Federal,
State, local, or social agency, business or individual in the operation
of the nursing home;
(3) 	The nursing home administrator shall not wilfully depart from the
Federal, State, and local requirements and regulations related to the
operation and maintenance of the nursing home;
(4) 	The nursing home administrator shall not fraudulently advertise the
services of the nursing home; and
(5) 	The nursing home administrator shall not misrepresent material facts
for the renewal of the administrator's license. [Eff 6/14/80; am and
ren §16-90-42, 7/30/81; am and comp 4/4/88] (Auth: HRS §457B-
6) (Imp: HRS §457B-6)
§16-90-43 	Additional grounds for disciplinary sanctions. 	In addition to
any other listed causes for sanctions, the board may take action against an applicant
or licensee for any of the following causes:
(1) 	Submitting to or filing with the board any notice, statement, or other
document required under this chapter, which is false or untrue or
contains any material misstatement of fact; and
(2) 	Failure to report to the board any disciplinary action taken against
the licensee in another jurisdiction within thirty days after the
disciplinary action becomes final. 	[Eff and comp 4/4/88] (Auth:
HRS §457B-6) (Imp: HRS §457B-6)
SUBCHAPTER 10
90-15
Complete printed PDF page 15
PRACTICE AND PROCEDURE
§16-90-46 	Administrative practice and procedure. 	The rules of practice
and procedure for nursing home administrator shall be 	as 	provided 	in 	chapter
16-201, the rules of practice and procedure of the department of commerce and
consumer affairs which are incorporated by reference and made a part of this
chapter. [Eff and comp 4/4/88] (Auth: HRS §§91-1, 457B-6) (Imp: HRS §§91-
2, 457B-6)
SUBCHAPTER 11
ORAL TESTIMONY
§16-90-50 	Oral testimony. 	(a) The board shall accept oral testimony on
any item which is on the board's agenda, provided that the testimony shall be
subject to the following conditions:
(1) 	Each person seeking to present oral testimony shall so notify the
board not later than forty-eight hours prior to the meeting, and at
that time shall state the item on which testimony is to be presented;
(2) 	The board may request that any person providing oral testimony
submit the remarks, or a summary of the remarks, in writing to the
board;
(3) 	The board may rearrange the items on the agenda for the purpose of
providing for the most efficient and convenient presentation of oral
testimony;
(4) 	Persons presenting oral testimony shall identify themselves and the
organization, if any, that they represent at the beginning of the
testimony;
(5) 	The board may limit oral testimony to a specified time period but in
no case shall the period be less than five minutes, and the person
testifying shall be informed prior to the commencement of the
testimony of the time constraints to be imposed; and
(6) 	The board may refuse to hear any testimony which is irrelevant,
immaterial, or unduly repetitious to the agenda item on which it is
presented.
(b) 	Nothing in this section shall require the board to hear or receive any
oral or documentary evidence from a person on any matter which is the
90-16
Complete printed PDF page 16
subject of another proceeding pending subject to the hearings relief, declaratory
relief, or rule relief provisions of chapter 16-201.
(c) 	Nothing in this section shall prevent the board from soliciting oral
remarks from persons present at the meeting or from inviting persons to make
presentations to the board on any particular matter on the board's agenda. [Eff and
comp 4/4/88] (Auth: HRS §§92-3, 457B-6) (Imp: HRS §92-3)
90-17
Complete printed PDF page 17
Amendments to and compilation of chapter 16-90, and repeal of chapter 16-
155, Hawaii Administrative Rules, on the Summary page dated February 11, 1988,
were adopted on February 11, 1988, following a public hearing held on the same
date, after public notices were given in the Honolulu Star-Bulletin and the Honolulu
Advertiser on January 17, 1988.
These amendments shall take effect ten days after filing with the Office of
the Lieutenant Governor.
/s/ Abe Sakai
ABE SAKAI, Chairman
Board of Examiners of Nursing
Home Administrators
APPROVED AS TO FORM: 	Date 3/7/88
/s/ Winfred K. T. Pong
Deputy Attorney General
APPROVED: 	Date 3/7/88
/s/ Robert A. Alm
ROBERT A. ALM
Director Commerce and Consumer Affairs
APPROVED: 	Date 3/24/88
/s/ John Waihee
JOHN WAIHEE
Governor
March 21, 1988
Filed
90-18
Complete printed PDF page 18
DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS
Amendments and Compilation of Chapter 16-90
and Repeal of Chapter 16-155
Hawaii Administrative Rules
February 11, 1988
SUMMARY
1. 	Title amended.
2. 	§§16-90-1 to 16-90-3 are amended.
3. 	§16-90-7 is repealed.
4. 	§§16-90-7.5, 16-90-7.10 and 16-90-7.15 are added.
5. 	§§16-90-8 to 16-90-10 are amended.
6. 	§16-90-14 is amended.
7. 	§16-90-18 is amended.
8. 	§§16-90-22 to 16-90-24 are amended.
9. 	§§16-90-28 and 16-90-29 are amended.
10. 	§§16-90-33 and 16-90-34 are amended.
11. 	§16-90-37 is amended.
12. 	§§16-90-41 and 16-90-42 are amended.
13. 	§16-90-43 is added.
14. 	A new subchapter 10 (§16-90-46) is added.
15. 	A new subchapter 11 (§16-90-50) is added.
16. 	Chapter 90 is compiled.
17. 	Chapter 16-155 is repealed.
Complete printed PDF page 19

Continue your research in ChatGPT or Claude

Connect Omnilex to search the legal corpus from your AI assistant.