Section 1. Amend Title 24 of the Delaware Code by striking Chapter 52 in its entirety and by substituting the following in lieu thereof:

“CHAPTER 52. NURSING HOME ADMINISTRATORS

Subchapter 1. Board of Examiners of Nursing Home Administrators.

§ 5201. Objectives.

The primary objective of the Board of Examiners of Nursing Home Administrators, to which all other objectives and purposes are secondary, is to protect the general public, specifically those persons who are the direct recipients of services regulated by this Chapter, from unsafe practices and from occupational practices which tend to reduce competition or fix the price of services rendered.

The secondary objectives of the Board are to maintain minimum standards of practitioner competency; and, to maintain certain standards in the delivery of services to the public. In meeting its objectives, the Board shall develop standards assuring professional competence; shall monitor complaints brought against practitioners regulated by the Board; shall adjudicate at formal hearings; shall promulgate rules and regulations; and shall impose sanctions where necessary against licensed practitioners.

§ 5202. Definitions.

The following words, terms and phrases, when used in this Chapter shall have the meanings ascribed to them under this section, except where the context clearly indicates a different meaning:

(1) ‘Board’ shall mean the State Board of Examiners of Nursing Home Administrators established in this Chapter.

(2) ‘Direct supervision’ shall mean oversight on the premises of a nursing home.

(3) ‘Division’ shall mean the State Division of Professional Regulation.

(4) ‘Excessive use or abuse of drugs’ shall mean any use of narcotics, controlled substances, or illegal drugs without a prescription from a licensed health care provider, or the abuse of alcoholic beverage such that it impairs his or her ability to perform the work of a nursing home administrator.

(5) ‘Nursing home’ shall mean any licensed residential health facility for aged, infirm, chronically ill or convalescent persons, excluding neighborhood group homes, that provides shelter and food to more than four persons who: (i) because of their physical and/or mental condition require a level of care and services suitable to their needs to contribute to their health, comfort, and welfare; and (ii) who are not related within the second degree of consanguinity to the controlling person or persons of the facility.

(6) ‘Nursing Home Administrator’ shall mean the individual licensed under this Chapter to practice nursing home administration.

(7) ‘Nursing Home Administrator-in-Training’ or ‘AIT’ shall mean an individual who is registered with the Board to obtain the experience for licensure under the direct supervision of a preceptor.

(8) ‘Person’ shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities.

(9) ‘Preceptor’ shall mean a State-licensed nursing home administrator who is qualified under this Chapter and approved by the Board to exercise direct supervision of a registered nursing home administrator-in-training.

(10) ‘Practice of nursing home administration’ shall mean the performance of any act or the making of any decision involved in the planning, organizing, directing, or controlling of the operations of a nursing home, whether or not such acts are performed, or decisions made, by one or more persons.

(11) ‘State’ shall mean the State of Delaware.

§ 5203. Board of Examiners of Nursing Home Administrators; appointments; composition; qualifications; term; vacancies; suspension or removal; unexcused absences; compensation.

(a) There is created a State Board of Examiners of Nursing Home Administrators, which shall administer and enforce this Chapter.

(b) The Board shall consist of nine members, appointed by the Governor, who are residents of this state:

(1) Three nursing home administrators licensed under this Chapter;

(2) One physician licensed to practice in this State;

(3) One non-administrator from a profession concerned with the care of chronically ill and infirm, aged persons; and

(4) Four public members.

(c) Except as provided in subsection (e) of this section, each member shall serve a term of three years, and may succeed himself or herself for one additional term; provided, however, that where a member was initially appointed to fill a vacancy, such member may succeed himself or herself for only one additional full term. Any person appointed to fill a vacancy on the Board shall hold office for the remainder of the unexpired term of the former member. Each term of office shall expire on the date specified in the appointment; however, the Board member shall remain eligible to participate in Board proceedings unless and until replaced by the Governor.

(d) The public members shall not be, nor ever have been, nursing home administrators, nor members of the immediate family of a nursing home administrator; shall not have been employed by a nursing home, nursing home administrator, or a company engaged in the practice of administering nursing homes; shall not have a material interest in the providing of goods and services to nursing homes; nor have been engaged in an activity directly related to nursing home administration. The public members shall be accessible to inquiries, comments and suggestions from the general public.

(e) A person, who has never served on the Board, may be appointed to the Board for two consecutive terms; but no such person shall thereafter be eligible for two consecutive appointments. No person, who has been twice appointed to the Board or who has served on the Board for six years within any nine-year period, shall again be appointed to the Board until an interim period of at least one term has expired since such person last served.

(f) Any act or vote by a person appointed in violation of this section shall be invalid. An amendment or revision of this Chapter is not sufficient cause for any appointment or attempted appointment in violation of subsection (d) of this section, unless such an amendment or revision amends this section to permit such an appointment.

(g) The Governor may suspend or remove a member of the Board for misfeasance, nonfeasance, malfeasance, misconduct, incompetence, or neglect of duty. A Board member may appeal any suspension or removal to the Superior Court.

(h) No member of the Board, while serving on the Board, shall hold a leadership position in any professional association representing nursing home administrators, or serve as head of a Political Action Committee (PAC) for any professional association representing nursing home administrators.

(i) The provisions set forth in Chapter 58 of Title 29 of the Delaware Code shall apply to all members of the Board.

(j) Any member, who is absent without adequate reason for three consecutive meetings, or who fails to attend at least half of all regular business meetings during any calendar year, shall be guilty of neglect of duty.

(k) Each member of the Board shall be reimbursed for all expenses involved in each meeting, including travel, according to Division of Professional Regulation policy; and, in addition shall receive not more than $50 for each meeting attended but not more than $500 in any calendar year. After 10 meetings have been attended, the member shall not be compensated for any subsequent meetings attended in that year.

(l) A member subject to disciplinary proceedings shall be disqualified from Board business until the charge is adjudicated or the matter is otherwise concluded.

§ 5204. Organization; meetings; officers; quorum.

(a) The Board shall hold regularly scheduled business meetings at least once in each quarter of a calendar year, and at such times as the President deems necessary, or, at the request of a majority of Board members.

(b) The Board annually shall elect a President, Vice-President and Secretary. Each officer shall serve for one year and shall not succeed himself or herself for more than two consecutive terms.

(c) A majority of the members shall constitute a quorum for the purpose of transacting business. No disciplinary action shall be taken without the affirmative vote of at least five members of the Board.

(d) Minutes of all meetings shall be recorded and the Division of Professional Regulation shall maintain copies. At any hearing where evidence is presented, a record from which a verbatim transcript can be prepared shall be made. The expense of preparing any transcript shall be incurred by the person requesting it.

§ 5205. Records.

The Division of Professional Regulation shall keep a register of all approved applications for license as a nursing home administrator, registration as a nursing home administrator-in-training, and license as an acting nursing home administrator, and complete records relating to meetings of the Board, examinations, rosters, changes and additions to the Board’s rules and regulations, complaints, hearings and such other matters as the Board shall determine. Such records shall be prima facie evidence of the proceedings of the Board.

§ 5206. Powers and duties.

The Board of Examiners of Nursing Home Administrators shall have authority to:

(1) Formulate rules and regulations, with appropriate notice to those affected; all rules and regulations shall be promulgated in accordance with the procedures specified in the Administrative Procedures Act of this State. Each rule or regulation shall implement or clarify a specific section of this Chapter;

(2) Designate the application form to be used by all applicants and process all applications;

(3) Designate a written national examination, prepared by either a recognized national professional association or by a recognized legitimate national testing service and approved by the Division of Professional Regulation. The examination shall be prepared for testing on a national basis, and not specifically prepared at the request of the Board for its individual use. The examination shall be taken by all persons applying for licensure and graded by a national testing service. Applicants who qualify for licensure by reciprocity shall have achieved a passing score on all parts of the designated national examination or a comparable, alternative national or, if a national examination was not available at the time of the applicant’s original licensure, regional examination;

(4) Establish minimum education, training, and experience requirements for licensure as nursing home administrators;

(5) Evaluate the credentials of all persons applying for a license as a nursing home administrator in this State, in order to determine whether such persons meet the qualifications for licensing set forth in this Chapter;

(6) Conduct a criminal history background check on all applicants for registration and licensure, including temporary licensure and licensure by reciprocity;

(7) Grant licenses to, and renew licenses of, all persons who meet the qualifications for licensure;

(8) Register applicants as nursing home administrators-in-training;

(9) Issue temporary licenses pursuant to § 5211 of this title;

(10) Establish by rule and regulation continuing education standards required for license renewal;

(11) Evaluate certified records to determine whether an applicant for licensure, who previously has been licensed, certified, or registered in another jurisdiction as a nursing home administrator, has engaged in any act or offense that would be grounds for disciplinary action under this Chapter and whether there are disciplinary proceedings or unresolved complaints pending against such applicant for such acts or offenses;

(12) Refer all complaints from licensees and the public concerning licensed nursing home administrators and acting nursing home administrators or concerning practices of the Board or of the profession, to the Division of Professional Regulation for investigation pursuant to §8807 of Title 29 of the Delaware Code; and assign a member of the Board to assist the Division in an advisory capacity with the investigation of the technical aspects of the complaint;

(13) Conduct hearings and issue orders in accordance with the Administrative Procedures Act, Chapter 101 of Title 29; and

(14) Where it has been determined after a hearing, that penalties or sanctions should be imposed, to designate and impose the appropriate sanction or penalty after time for appeal has lapsed.

Subchapter II. License.

§ 5207. License required.

(a) No person shall engage in the practice of nursing home administration or hold himself or herself out to the public in this State as being qualified to act as nursing home administrator; or use in connection with his or her name, or otherwise assume or use, any title or description conveying or tending to convey the impression that he or she is qualified to act as nursing home administrator, unless such person has been duly licensed under this Chapter.

(b) Whenever a license to practice as a nursing home administrator in this State has expired or been suspended or revoked, it shall be unlawful for the person to act as a nursing home administrator in this state.

(c) No person shall act as a nursing home administrator-in-training, or hold out that that person is a nursing home administrator-in-training, unless such person has been duly registered by the Board under this chapter.

§ 5208. Criminal History Background Checks.

Each applicant for licensure, renewal licensure, registration, temporary licensure, or licensure by reciprocity shall provide the Board with any and all information necessary to obtain a report of the person’s entire State and Federal criminal history record information from the State Bureau of Identification pursuant to Chapter 85 of Title 11, the cost of which shall be borne by the applicant. Such information shall include a signed statement from the applicant indicating that such person grants full release for the Board to request and obtain any records or information regarding the person’s State or Federal criminal history record.

§ 5209. Qualifications of applicant; report to Attorney General; judicial review.

(a) An applicant, who is applying for licensure as a nursing home administrator under this Chapter, shall submit evidence, verified by oath and satisfactory to the Board, that such person:

(1) has complied with the provisions of § 5208 regarding criminal background records;

(2) has completed a Board-approved course of study in nursing home administration at an accredited educational institution and meets the educational and experience requirements of the Board, including:

a. having received a baccalaureate or graduate degree from an accredited college or university with a major in health and human services, hospital administration, nursing or business administration; and, has been registered by the Board and successfully completed a six months’ pre-approved nursing home administrator-in-training program (AIT) under the direct supervision of a preceptor, approved by the Board; or,

b. having received a baccalaureate or graduate degree in a field other than health and human services, hospital administration, nursing or business administration, and, has been registered by the Board and successfully completed a nine months’ pre-approved nursing home administrator-in-training program (AIT) under the direct supervision of a Board-approved preceptor; or,

c. having received an associate degree in any field from an accredited college or university, or holds a current State license as a registered nurse; and, has been registered by the Board and successfully completed a twelve months’ pre-approved nursing home administrator-in-training program (AIT) under the direct supervision of a Board-approved preceptor;

(3) has achieved a passing score on all examinations prescribed by the Board;

(4) has not received any administrative penalties regarding his or her practice as a nursing home administrator, including but not limited to fines, formal reprimands, license suspensions or revocation, (other than for license revocations for nonpayment of license renewal fees), probationary limitations, and/or has not entered into any ‘consent agreements’ which contain conditions placed by a Board on his or her professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether an administrative penalty is grounds to deny licensure.

(5) does not have any impairment related to drugs or alcohol that would limit the applicant’s ability to act as a nursing home administrator in a manner consistent with the safety of the public;

(6) has not been adjudicated mentally incompetent by any court or administrative entity under any circumstances that would limit the applicant’s ability to act as a nursing home administrator in a manner consistent with the safety of the public. The Board may determine after a hearing whether such mental incompetence is grounds to deny licensure;

(7) has never been convicted of a felony in this or any other jurisdiction;

(8) does not have a criminal conviction record, nor pending criminal charge relating to an offense, the circumstances of which substantially relate to nursing home administration. Applicants who have criminal conviction records or pending criminal charges shall request appropriate authorities to provide information about the record or charge directly to the Board in sufficient specificity to enable the Board to make a determination whether the record or charge is substantially related to nursing home administration.

(b) Where the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action.

(c) Where the application of a person has been refused or rejected and such applicant feels that the Board has acted without justification; has imposed higher or different standards for him or her than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.

(d) Where at the time of application, or any time before issuance of a license or registration by the Board, the applicant is or becomes the subject of a disciplinary proceeding, or has an unresolved complaint pending against him or her, in a jurisdiction where the applicant has previously been or is currently licensed or registered, the Board may in its discretion make the determination that the provisions of this section have been satisfied and may thereafter issue a temporary license to the applicant pursuant to § 5211 of this Chapter. Any temporary license so issued shall be contingent on the proceeding or complaint being resolved in a manner that is not inconsistent with the Board’s licensure or registration standards.

§ 5210. Criteria for registration as a nursing home administrator-in-training; preceptors; requirements of supervision.

(a) The Board may, upon the written request of a nursing home administrator who wishes to act as a preceptor, register an individual as a nursing home administrator-in-training under the following circumstances:

(1) The preceptor has submitted his or her request in a form approved by the Board;

(2) The preceptor has been licensed for at least the two years immediately prior to date of the written request in this State or in any other jurisdiction;

(3) The written request includes a clear statement by the preceptor agreeing to act as preceptor for the individual for whom he or she is seeking registration;

(4) The written request includes a clear statement by the preceptor of the specific functions and responsibilities that the individual for whom he or she is seeking registration will perform;

(5) The written request includes a clear statement by both the preceptor and the individual for whom he or she is seeking registration indicating that the individual has met the requirements of § 5208 and § 5209(a)(4) through (a)(8) of this title; and

(6) The written request includes, as attachments where necessary, evidence satisfactory to the Board supporting the veracity of the statement required by paragraph (5) of this subsection.

(b) Persons, who are presented to the Board by a preceptor, shall provide a notarized statement to the Board that they:

(1) shall perform only those specific functions which have been delineated in the preceptor’s statement; and

(2) shall practice only under the direct supervision of a preceptor; and

(3) shall not represent themselves to the public, residents, or patients, as licensed nursing home administrators.

(c) The preceptor shall be responsible and available to provide direction, observation, aid, training, and instruction to the administrator-in-training, including the submission of progress reports. It is an interactive process between the preceptor and the administrator-in-training intended to insure the extent, quality and scope of experience of the duties performed as a nursing home administrator.

(d) The Board in its regulations shall determine the number of nursing home administrators-in-training that a preceptor may supervise and the requirements of their supervision.

§ 5211. Temporary licensure.

(a) Immediately upon receipt of an application therefore, the Board may issue a temporary license to an individual who wishes to serve as an acting nursing home administrator under the following circumstances:

(1) The individual has submitted a written application for temporary licensure to the Board, in a form approved by the Board, within 7 days of undertaking the functions of an acting nursing home administrator;

(2) The written application includes a clear statement the individual has never been issued from the Board a temporary license to serve as an acting nursing home administrator; and

(3) The written application includes a clear statement that the individual understands that the temporary license will expire 9 months after the date on which it was issued, that the temporary license is not subject to renewal, and that he or she is not eligible for a subsequent temporary license.

(b) A temporary license issued pursuant to this section shall expire 9 months following the date of its issuance and shall not be renewed. No person having ever been issued a temporary license from the Board shall be eligible to receive a temporary license pursuant to this section.

(d) No person serving as an acting nursing home administrator shall also be permitted to concurrently serve as a registered nursing home administrator-in-training.

(e) If, within 9 months of issuing a temporary license pursuant to this section, the Board finds that the individual to whom it issued the temporary license has submitted satisfactory evidence that he or she has completed all requirements for licensure set forth in § 5209 of this title and all applicable rules of the Board, the Board may license the individual as a nursing home administrator.

§ 5212. Administrator-in-Training Program.

The Board shall approve an administrator-in-training program that complies with the guidelines of the National Association of Boards of Long-Term Care Administrators (NAB), and contains at a minimum the following:

(1) Introduction and orientation;

(2) Admission procedures;

(3) Medical records requirements;

(4) Resident rights

(5) Administration;

(6) Food service;

(7) Nursing;

(8) Housekeeping/maintenance/janitorial;

(9) Medical and allied health;

(10) Recreation;

(11) Rehabilitation services;

(12) Social services;

(13) Disaster/emergency services;

(14) Medicare/Medicaid;

(15) Professional ethics; and

(16) Applicable state and federal laws and regulations.

§ 5213. Reciprocity.

Upon payment of the appropriate fee and submission and acceptance of a written application on forms provided by the Board:

(1) The Board shall grant a license to each applicant who presents proof of current licensure in ‘good standing’ in another state, the District of Columbia, or territory of the United States, whose standards for licensure are substantially similar to those of this State; and

(2) The Board may grant a license to an applicant who presents proof of current licensure in ‘good standing’ in another state, the District of Columbia, or territory of the United States, whose standards are not substantially similar to those of this state, provided that the applicant shall have practiced in that state for a minimum of 3 years after licensure; and provided further that the applicant would not be prohibited from being licensed pursuant to this chapter because of his or her criminal or administrative record, any impairment related to drugs or alcohol, or mental incompetence.

§ 5214. Fees.

The amount to be charged for each fee imposed under this Chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of the Board, as well as the proportional expenses incurred by the Division of Professional Regulation in its service on behalf of the Board. At the beginning of each licensure biennium, the Division of Professional Regulation, or any other state agency acting in its behalf, shall compute, for each separate service or activity, the appropriate Board fees for the licensure biennium.

§ 5215. Issuance and renewal of licenses.

(a) The Board shall issue a license to each applicant, who meets the requirements of this Chapter for licensure as a nursing home administrator and who pays the fee established under § 5214 of this Chapter.

(b) Each license shall be renewed biennially, in such manner as is determined by the Division of Professional Regulation, and upon payment of the appropriate fee and submission of a renewal form provided by the Division of Professional Regulation, and proof that the licensee has met the continuing education requirements established by the Board.

(c) The Board, in its rules and regulations, shall determine the period of time within which a licensed nursing home administrator may still renew his or her license, notwithstanding the fact that such licensee has failed to renew on or before the renewal date.

(d) A licensee, upon written request, may be placed in an inactive status in accordance with the Board’s rules and regulations. Such person may reenter practice upon written notification to the Board of the intent to do so and completion of continuing education as required in the Board’s rules and regulations. The renewal fee of such person shall be prorated according to the amount of time such person was inactive.

§ 5216. Grounds for discipline.

(a) A practitioner licensed under this Chapter shall be subject to disciplinary actions set forth in § 5218 of this Chapter, if, after a hearing, the Board finds that the nursing home administrator:

(1) has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a nursing home administrator; has impersonated another person holding a license, or allowed another person to use his or her license, or aided or abetted a person not licensed as a nursing home administrator to represent himself or herself as a nursing home administrator;

(2) has illegally, incompetently or negligently practiced nursing home administration;

(3) has been convicted of a felony;

(4) has been convicted of any offense, the circumstances of which substantially relate to the practice of nursing home administration. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore;

(5) has excessively used or abused drugs either in the past two years or currently;

(6) has engaged in an act of abuse, neglect, mistreatment or financial exploitation of a nursing home resident or patient;

(7) has violated a lawful provision of this Chapter, or any lawful regulation established thereunder;

(8) has had his or her license as a nursing home administrator suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute one or more of the acts defined in this Chapter. Every person licensed as a nursing home administrator in this State shall be deemed to have given consent to the release of this information by the Board of Examiners of Nursing Home Administrators or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;

(9) has failed to notify the Board that his or her license as a nursing home administrator in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or

(10) has a physical condition such that the performance of nursing home administration is or may be injurious or prejudicial to the public.

(b) Subject to the provisions of Subchapter IV of Chapter 101 of Title 29 of the Delaware Code, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice nursing home administration shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act.

§ 5217. Complaints.

(a) All complaints shall be received and investigated by the Division of Professional Regulation in accordance with §8807 of Title 29 of the Delaware Code, and the Division shall be responsible for issuing a final written report at the conclusion of its investigation.

(b) When it is determined that an individual is engaging, or has engaged, in the practice of nursing home administration, or is using the title ‘nursing home administrator’ or other title implying that he or she is competent to act as a ‘nursing home administrator’ and is not licensed under the laws of this State, the Board shall apply to the Office of the Attorney General to issue a cease and desist order.

§ 5218. Disciplinary sanctions.

(a) The Board may impose any of the following sanctions, singly or in combination, when it finds that one of the conditions or violations set forth in § 5216 of this Chapter applies to a practitioner regulated by this Chapter:

(1) issue a letter of reprimand;

(2) censure a practitioner;

(3) place a practitioner on probationary status, and require the practitioner to:

a. report regularly to the Board upon the matters, which are the basis of the probation;

b. limit all practice and professional activities to those areas prescribed by the Board;

(4) suspend any practitioner’s license;

(5) revoke any practitioner’s license;

(6) impose a monetary penalty not to exceed $500 for each violation.

(b) The Board may withdraw or reduce conditions of probation when it finds that the deficiencies, which required such action, have been remedied.

(c) The Board may temporarily suspend a practitioner’s license in advance of a final adjudication, during the appeals process, but only in cases where there is clear and immediate danger to the health and safety and welfare of the public if the licensee is allowed to continue to practice. Such suspension may be appealed to Superior Court.

(d) Where a license has been suspended due to a disability of the licensee, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee is able to practice with reasonable skill and safety.

§ 5219. Hearing procedures.

(a) If a complaint is filed with the Board pursuant to §8807 of Title 29 of the Delaware Code, alleging violation of § 5216 of this Chapter, the Board shall set a time and place to conduct a hearing on the complaint. Notice of the hearing shall be given and the hearing shall be conducted in accordance with the Administrative Procedures Act, Chapter 101 of Title 29 of the Delaware Code.

(b) All hearings shall be informal without use of rules of evidence. If the Board finds, by a majority vote of all members, that action(s) constituting grounds for discipline have been proven, the Board shall take such action permitted under this Chapter, as it deems necessary. The Board’s decision shall be in writing and shall include its reasons for such decision. The Board’s decision shall be mailed immediately to the practitioner.

(c) Where the practitioner is in disagreement with the action of the Board, he or she may appeal the Board’s decision to the Superior Court within 30 days of service, or of the postmarked date of the copy of the decision mailed to him or her. Upon such appeal the Court shall hear the evidence on the record. Stays shall be granted in accordance with §10144 of Title 29 of the Delaware Code.

§ 5220. Reinstatement of a suspended license; removal from probationary status; replacement of license.

(a) As a condition to reinstatement of a suspended license, or removal from probationary status, the Board may reinstate such license if, after a hearing, the Board is satisfied that the licensee has taken the prescribed corrective actions and otherwise satisfied all of the conditions of the suspension and/or the probation.

(b) Applicants for reinstatement must pay the appropriate fees and submit documentation required by the Board as evidence that all the conditions of a suspension and/or probation have been met. Proof that the applicant has met the continuing education requirements of this Chapter may also be required, as appropriate.

(c) A new license to replace any license lost, destroyed or mutilated may be issued subject to the rules of the Board. A charge shall be made for such issuance.

Subchapter III. Other Provisions

§ 5221. Exemptions.

Nothing in this Chapter shall be construed to prevent the practice of nursing home administration by persons registered with the Board and working under the direct supervision of a Delaware licensed nursing home administrator; such licensed nursing home administrator shall be responsible for the activities of the unlicensed person practicing nursing home administration in this State.

§ 5222. Penalty.

A person, not currently licensed as a nursing home administrator under this Chapter, when guilty of engaging in the practice of nursing home administration, or using in connection with his or her name, or otherwise assuming or using any title or description conveying, or tending to convey the impression that he or she is qualified to practice nursing home administration, such offender shall be guilty of a misdemeanor. Upon the first offense, he or she shall be fined not less than $500.00 or more than $1,000.00 for each offense. For a second or subsequent conviction, the fine shall be not less than $1,000.00 or more than $2,000.00 for each offense. Justice of the Peace Court shall have jurisdiction over all violations of this Chapter.

§ 5223. Subpoena power.

(a) In the conduct of any proceeding under the provisions of this chapter, the Board may issue subpoenas to compel the attendance of witnesses and the production of pertinent books, accounts, records, documents, and other evidence; administer oaths and affirmations; and require that testimony and evidence be given under oath or affirmation.

(b) No witness is privileged to refuse to testify to any fact or produce any paper respecting which the witness is properly examined by the Board.

(c) If a witness refuses to obey a subpoena or give any evidence relevant to proper inquiry by the Board, then the Board may petition Superior Court to compel the witness to obey the subpoena or give the evidence. The Court shall immediately issue process to the witness and shall hold a hearing on the petition as soon as possible. If the witness refuses, without reasonable cause or legal grounds, to be examined or to give evidence relevant to proper inquiry by the Board, the Court shall punish the witness for contempt.

(d) The Board may delegate the authority granted it by this section to any one or more of its committees that it may from time to time establish.”

Section 2. Amend § 1103, Title 16 of the Delaware Code, by designating the existing language thereof as subsection (a) and by adding thereto a new subsection as follows:

“(b) No nursing home within this State, as defined in Chapter 52 of Title 24, shall operate except under the direction of an individual authorized or licensed pursuant to that Chapter to perform the functions of a nursing home administrator.”

Section 3. Rules and regulations in effect on the date of enactment of this Act shall remain valid to the extent they are not inconsistent with this Act. The Board shall update and revise all forms and regulations to ensure that they do not exceed the authority grant to the Board by this Act.

Section 4. Members who are currently serving on the Board shall complete their terms of office.

Section 5. Except as provided in this Section, this Act shall become effective upon its enactment into law. The provisions of this Act governing temporary licensure shall apply only to those persons seeking such temporary licensure on or after the 180^th day following the date on which this Act is enacted into law. The provisions of this Act governing preceptors and administrators-in-training shall apply only to those persons submitting written preceptor requests and AIT statements on or after the 180th day following the date on which this Act is enacted into law. The provisions of this Act governing applications for original and renewal licensure, shall apply to all applications therefore which are submitted to the Board on or after the 180th day following the date this Act is enacted into law.

SPONSOR:	Rep. Oberle & Rep. Ulbrich & Sen. McBride;
	Reps. Hudson, Mulrooney, Valihura, Viola; Sens. Bonini, Copeland, Peterson, Sokola