LICENSING OF NURSING HOME ADMINISTRATORS

KRS tit. XVIII, ch. 216A

in effect

KRS 216A.010 Definitions

216A.010. Definitions As used in this chapter: (1) "Board" means the Kentucky Board of Licensure for Long-term Care Administrators established in KRS 216A.040; (2) "Cabinet" means the Cabinet for Health and Family Services; (3) "Long-term care administrator" means any individual responsible for planning, organizing, directing, and controlling the operation of a licensed long-term care facility, or who in fact performs those functions, whether or not those functions are shared by one (1) or more other persons; (4) "Long-term care facility" means a health care facility which is defined by the cabinet to be an intermediate care facility, skilled-nursing facility, nursing facility in accordance with Pub. L. No. 100-203, nursing home, or intermediate care facility for individuals with an intellectual or developmental disability; and (5) "Resident" means any person who is admitted to a long-term care facility. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 1, effective July 12, 2012; and ch. 158, sec. 55, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 2. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together. The amendments are identical, except that in subsection (1), ch. 129 refers to KRS 216A.040 ("Section 4 of this Act") and ch. 158 refers to KRS 216A.030 ("Section 57 of this Act"). It is clear from the context that the reference in both bills is intended to be to KRS 216A.040, and the Reviser of Statutes has corrected this manifest clerical or typographical error under KRS 7.136(1). Legislative Research Commission Note (7/12/2012). 2012 Ky. Acts ch. 146, sec. 144, directs the Reviser of Statutes to replace references in the statutes to "mentally retarded" with "individuals with an intellectual disability." A reference in 2012 Ky. Acts ch. 129, sec. 1(4) (this statute), to "the mentally retarded and developmentally disabled" has been changed in codification to "individuals with an intellectual or developmental disability" to comply with the directive in 2012 Ky. Acts ch. 146 and usage found elsewhere in the statutes.

KRS 216A.020 Short title

216A.020. Short title This chapter may be cited as the "Kentucky Long-term Care Administrators Licensure Act of 2012." Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 2, effective July 12, 2012; and ch. 158, sec. 56, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 1. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

KRS 216A.030 Supervision and license required

216A.030. Supervision and license required (1) No licensed long-term care facility shall operate except under the supervision of a long-term care administrator, unless approved by the board through administrative regulation, and no person shall be a long-term care administrator unless he or she is the holder of a long-term care administrator's license issued pursuant to this chapter. (2) This section shall not apply to assisted living communities licensed under KRS 194A.700 to 194A.729. Effective: July 14, 2022 History: Amended 2022 Ky. Acts ch. 20, sec. 38, effective July 14, 2022. -- Amended 2012 Ky. Acts ch. 129, sec. 3, effective July 12, 2012; and ch. 158, sec. 57, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 3.

KRS 216A.040 Kentucky Board of Licensure for Long-term Care Administrators -- Membership

216A.040. Kentucky Board of Licensure for Long-term Care Administrators -- Membership There shall be a Kentucky Board of Licensure for Long-term Care Administrators located within the Public Protection Cabinet for administrative and budgetary purposes. The board shall be composed of ten (10) members. The secretary of the Cabinet for Health and Family Services, or his or her designee, shall be an ex officio member of the board. The other members of the board shall be appointed by the Governor. One (1) member shall be a practicing hospital administrator, to be appointed from a list of two (2) names submitted by the Kentucky Hospital Association. One (1) member shall be a practicing medical physician, to be appointed from a list of two (2) names submitted by the Kentucky State Medical Association. One (1) member shall be an educator in the field of allied health services. One (1) member shall be a citizen at large who is not associated with or financially interested in the practice or business regulated. One (1) member shall be a practicing long-term care administrator appointed from a list of two (2) names submitted by LeadingAge Kentucky. The other four (4) members shall be practicing long- term care administrators appointed from a list of two (2) names for each vacancy submitted by the Kentucky Association of Health Care Facilities and duly licensed under this chapter. No person who has been disciplined in the previous five (5) years by the board, or by another state's board of licensure governing the same profession, shall be appointed to the board. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 4, effective July 12, 2012; and ch. 158, sec. 58, effective July 12, 2012. -- Amended 2005 Ky. Acts ch. 99, sec. 503, effective June 20, 2005. -- Amended 1998 Ky. Acts ch. 426, sec. 447, effective July 15, 1998. -- Amended 1992 Ky. Acts ch. 259, sec. 3, effective July 14, 1992. -- Amended 1976 Ky. Acts ch. 206, sec. 2. -- Amended 1974 Ky. Acts ch. 74, Art. VI, sec. 83. -- Created 1970 Ky. Acts ch. 276, sec. 4. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

KRS 216A.050 Terms of board members -- Consecutive terms restricted

216A.050. Terms of board members -- Consecutive terms restricted The term of office of each member shall be four (4) years or until a successor is appointed and qualified. No appointive member shall serve more than two (2) full consecutive terms. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 5, effective July 12, 2012; and ch. 158, sec. 59, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 5. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

KRS 216A.060 Officers -- Meetings -- Quorum -- Technical advisory committees -- Compensation

216A.060. Officers -- Meetings -- Quorum -- Technical advisory committees -- Compensation (1) The board shall elect annually from its membership a chair and vice chair. The board shall hold three (3) or more meetings each year. At any meeting a majority of the appointed members with unexpired terms shall constitute a quorum. The board may procure specialized consultation through the formation of such technical advisory committees as it may deem necessary in the execution of its responsibilities. (2) Members of the board shall receive per diem compensation to be established by administrative regulation. This compensation shall not exceed one hundred twenty dollars ($120) per day. Members shall be reimbursed for actual and necessary expenses. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 6, effective July 12, 2012; and ch. 158, sec. 60, effective July 12, 2012. -- Amended 1978 Ky. Acts ch. 154, sec. 18, effective June 17, 1978. -- Created 1970 Ky. Acts ch. 276, sec. 6. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

KRS 216A.070 Duties and powers of board

216A.070. Duties and powers of board (1) The board shall: (a) Develop, impose, and enforce standards which must be met by individuals in order to receive a license as a long-term care administrator, which standards shall be designed to ensure that long-term care administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators; (b) Develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets the standards; (c) Issue licenses to individuals determined, after application of appropriate techniques, to meet established standards; (d) Establish and carry out procedures designed to ensure that individuals licensed as long-term care administrators will, during any period that they serve as such, comply with the requirements of the standards; (e) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of the standards; and (f) Apply commensurate disciplinary action, following a hearing pursuant to KRS Chapter 13B, including permanent license revocation, suspension, or placement of probationary conditions on the licensee, issuance of a fine not to exceed two thousand dollars ($2,000) per violation, or admonishing the licensee. (2) The board or any committee or member thereof or any hearing officer designated by the board, acting in an official capacity, shall have the authority to conduct administrative hearings in accordance with KRS Chapter 13B concerning all matters within the jurisdiction of the board. (3) The board shall also have the authority to promulgate administrative regulations necessary for the proper performance of its duties, and to take other actions necessary to enable the state to meet the requirements set forth in Section 1908 of the Social Security Act, the federal rules and regulations promulgated thereunder, and other pertinent federal authority or amendment thereto. (4) The board may, when emergency conditions warrant, as determined by the board, authorize the issuance of a temporary permit to an individual to practice the art of long-term care administration if it finds the authorization will not endanger the health and safety of the occupants of the licensed long-term care facility. A temporary permit shall be valid for a period determined by the board not to exceed nine (9) months and shall not be renewed. The fee for a temporary permit shall be determined by regulations of the board. Effective: July 15, 2020 History: Amended 2020 Ky. Acts ch. 120, sec. 1, effective July 15, 2020. -- Amended 2012 Ky. Acts ch. 129, sec. 7, effective July 12, 2012; and ch. 158, sec. 61, effective July 12, 2012. -- Amended 1996 Ky. Acts ch. 318, sec. 120, effective July 15, 1996. - - Created 1970 Ky. Acts ch. 276, sec. 7.

KRS 216A.080 Requirements for issuance of license

216A.080. Requirements for issuance of license (1) No person shall be eligible to practice long-term care administration in this state unless: (a) He or she shall make written application to the board on such forms as are provided therefor; (b) He or she is a citizen of the United States or has declared his or her intent to become a citizen of the United States; (c) He or she provides proof satisfactory to the board that he or she is of good moral character and is otherwise suitable, if in accordance with KRS Chapter 335B; (d) He or she has passed an examination approved by the board by promulgation of an administrative regulation; and (e) He or she meets such other requirements as may be established by the board by promulgation of an administrative regulation, so long as the requirements are uniform and are applied to all other applicants for a license. (2) When an applicant has met the requirements as provided herein, the board shall issue the applicant a license to practice long-term care administration in this state. Effective:June 29, 2017 History: Amended 2017 Ky. Acts ch. 158, sec. 38, effective June 29, 2017. -- Amended 2012 Ky. Acts ch. 129, sec. 8, effective July 12, 2012; and ch. 158, sec. 62, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 8.

KRS 216A.090 Renewal of license

216A.090. Renewal of license Every holder of a long-term care administrator's license shall renew his or her license biennially by making application to the board either online via Internet access or on forms provided therefor. The board may refuse to renew any license for failure to comply with the provisions of this chapter or the administrative regulations promulgated under this chapter, including continuing education requirements. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 9, effective July 12, 2012; and ch. 158, sec. 63, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 9. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

KRS 216A.110 Fees and charges

216A.110. Fees and charges (1) The board shall prescribe and collect reasonable fees and charges for processing applications, examinations and issuance of licenses, including renewals. (2) All fees and charges collected under the provisions of this chapter shall be paid into the State Treasury and credited to a trust and agency fund to be used by the board in defraying the cost and expenses in the administration of this chapter. History: Created 1970 Ky. Acts ch. 276, sec. 11.

KRS 216A.130 Reciprocity

216A.130. Reciprocity (1) The board, in its discretion, and otherwise subject to the provisions of this chapter and the administrative regulations of the board promulgated thereunder prescribing the qualifications for a long-term care administrator license, may issue a license to a long-term care administrator possessing a license issued by the proper authorities of any other state, upon payment of a fee set by the board, and upon submission of evidence satisfactory to the board: (a) That the other state maintained a system and standard of qualifications and examinations for a long-term care administrator license which were substantially equivalent to those required in this state at the time the other license was issued by the other state; and (b) That the license was issued by the other state at least two (2) years prior to application for endorsement. (2) The board, in its discretion, may refuse to issue a license to a long-term care administrator possessing a license issued by the proper authorities of any other state, if the applicant for endorsement has been disciplined by the other state's board in the past five (5) years. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 10, effective July 12, 2012; and ch. 158, sec. 64, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 13. Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

KRS 216A.140 Appeal

216A.140. Appeal Persons aggrieved by orders of the board may appeal therefrom to the Franklin Circuit Court and thence to the Court of Appeals in the manner provided by law. History: Created 1970 Ky. Acts ch. 276, sec. 14.

KRS 216A.150 Violations

216A.150. Violations It shall be a misdemeanor for any person to: (1) Sell or fraudulently obtain or furnish any license or aid or abet therein; (2) Practice as a long-term care administrator, under cover of any license illegally or fraudulently obtained or unlawfully issued; (3) Practice as a long-term care administrator or use in connection with his or her name any designation tending to imply that he or she is a long-term care administrator unless duly licensed to so practice under the provisions of this chapter; or (4) Practice as a long-term care administrator during the time his or her license issued under the provisions of this chapter shall be suspended or revoked. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 11, effective July 12, 2012; and ch. 158, sec. 65, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 15(1). Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

KRS 216A.990 Penalties

216A.990. Penalties Misdemeanors shall be punishable by a fine of not more than one hundred dollars ($100). Each day of violation shall constitute a separate offense. Effective: July 12, 2012 History: Amended 2012 Ky. Acts ch. 129, sec. 12, effective July 12, 2012; and ch. 158, sec. 66, effective July 12, 2012. -- Created 1970 Ky. Acts ch. 276, sec. 15(2). Legislative Research Commission Note (7/12/2012). This statute was amended by 2012 Ky. Acts chs. 129 and 158, which do not appear to be in conflict and have been codified together.

Source: Kentucky Legislative Research Commission (legislature.ky.gov)URL: https://apps.legislature.ky.gov/law/statutes/chapter.aspx?id=38237Fetched: 10/20/2026