§ 2051. Definitions
For the purposes of this chapter, unless the context otherwise clearly requires:
(1) “Director” means the Director of the Office of Professional Regulation.
(2) “Nursing home” means any institution or facility, whether proprietary or nonproprietary,
defined as a nursing home for licensing purposes pursuant to 33 V.S.A. § 7102(7), or the equivalent facility or facilities as defined by the Secretary of the U.S.
Department of Health and Human Services.
(3) “Nursing home administrator” means a person who is duly licensed by the Director and
who is charged with the general administration of a nursing home whether or not the
individual has an ownership interest in the home and whether or not his or her functions
and duties are shared with one or more other individuals.
(4) [Repealed.] (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 9; 2007, No. 29, § 3.)
§ 2052. Advisor appointees
(a) The Secretary of State shall appoint two advisors as set forth in 3 V.S.A. § 129b. One of the initial appointments may be for less than a five-year term. One of the
appointees shall have not less than three years’ experience as a nursing home administrator
immediately preceding appointment and shall be actively engaged in nursing home administration
in Vermont during incumbency. The other appointee shall have not less than three years’
experience as a licensed health care provider engaged in the care of the chronically
ill.
(b) The Director shall seek the advice of the advisors in carrying out the provisions
of this chapter. Advisor appointees shall be entitled to compensation and necessary
expenses in the amount provided in 32 V.S.A. § 1010 for attendance at any meeting called by the Director for this purpose. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 1973, No. 72, §§ 1, 2, eff. July 1, 1973; 1989, No. 251 (Adj. Sess.), § 2; 1997, No. 40, § 14; 1999, No. 133 (Adj. Sess.), § 34; 2005, No. 27, § 10; 2007, No. 29, § 3.)
§ 2053. Director; duties; powers
(a) The Director shall:
(1) set requirements for licensure;
(2) provide general information to applicants;
(3) explain complaint and appeal procedures to licensees, applicants, and the public;
and
(4) receive applications for licensure; license applicants under this chapter; renew licenses;
and revoke, reinstate, or condition licenses as ordered by an administrative law officer.
(b) The Director may:
(1) adopt rules concerning continuing education requirements;
(2) adopt rules necessary to perform the Director’s duties under this chapter; and
(3) adopt rules of professional conduct. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 11; 2007, No. 29, § 3; 2023, No. 85 (Adj. Sess.), § 47, eff. July 1, 2024.)
§ 2054. Exclusive jurisdiction of the Director
The Director, with the advice of the advisors appointed under this chapter, shall
have exclusive authority to determine the qualifications, skill, and fitness of any
person to serve as an administrator of a nursing home under the provisions of this
chapter, and a licensee under the provisions of this chapter shall be qualified to
serve as the administrator of a nursing home. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2007, No. 29, § 3.)
§ 2055. General requirements for licensure
A person may not practice nursing home administration in this State unless:
(1) the applicant has made written application for license to the Director, accompanied
by satisfactory proof that he or she is at least 18 years of age and is not in violation
of the rules regarding this profession or Vermont law;
(2) in the judgment of the Director, the applicant has satisfactorily completed a course
of instruction or training and met the requirements adopted by rule; or
(3) the applicant has passed an examination administered by the Director or his or her
designee that is designed to test for proficiency and competence and an examination
covering Vermont statutes and rules relating to nursing home administration. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 12; 2007, No. 29, § 3.)
§ 2056. Repealed. 2017, No. 113 (Adj. Sess.), § 198(2).
§ 2057. Licensing
(a) The Director shall license nursing home administrators in accordance with rules adopted,
and from time to time revised. A nursing home administrator’s license may not be transferred
and shall be valid until surrendered for cancellation or suspended or revoked for
violation of this chapter or any other laws or regulations relating to the proper
administration and management of a nursing home. Denial of issuance or renewal, suspension,
or revocation under any section of this chapter shall be appealable in the manner
provided in 3 V.S.A. § 130a.
(b) Every holder of a nursing home administrator’s license shall renew it biennially,
by making application to the Director. Renewals of licenses shall be granted as a
matter of course, unless an administrative law officer finds, after due notice and
hearing, that the applicant has acted or failed to act in such manner, or under circumstances,
as would constitute grounds for suspension or revocation of a license. The Director
may by rule require that a license holder complete not more than 40 hours of approved
instruction every two years as a condition of renewal. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 1971, No. 185 (Adj. Sess.), § 186, eff. March 29, 1972; 1993, No. 108 (Adj. Sess.), § 16; 2007, No. 29, § 3.)
§ 2058. License fees
Applicants and persons regulated under this chapter shall be subject to the following
fees:
| (1) |
Application |
$115.00 |
| (2) |
Biennial renewal |
$275.00 |
(Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 1975, No. 118, § 91, eff. July 1, 1975; 1989, No. 250 (Adj. Sess.), § 86; 1991, No. 167 (Adj. Sess.), § 58; 1997, No. 59, § 46, eff. June 30, 1997; 1999, No. 49, § 168; 2001, No. 143 (Adj. Sess.), § 18, eff. June 21, 2002; 2011, No. 33, § 1; 2023, No. 77, § 17, eff. June 20, 2023.)
§ 2059. Licensure by endorsement
The Director may issue a nursing home administrator’s license, without examination
for proficiency and competence, to any person who holds a current license as a nursing
home administrator from another jurisdiction, provided that the Director finds that
the standards for licensing in the other jurisdiction are substantially equivalent
to those in this State. (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2005, No. 27, § 13; 2007, No. 29, § 3.)
§ 2060. Violations and penalties
A person who practices, or offers to practice, nursing home administration in this
State, without being licensed in accordance with this chapter; or any person presenting
or attempting to use as his or her own the license of another; or a person who gives
any false or forged evidence of any kind in attempting to obtain a license; or a person
who falsely impersonates another licensee; or a person who attempts to use an expired
or revoked license or any person who violates any of the provisions of this chapter
shall be subject to the penalties provided in 3 V.S.A. § 127(c). (Added 1969, No. 248 (Adj. Sess.), § 2, eff. April 1, 1970; amended 2007, No. 29, § 3.)
§ 2061. Provisional license
In the event of the inability of the regular licensed administrator of a nursing home
to perform his or her duties or if, through death or other causes, a nursing home
is without a licensed administrator, a provisional administrator may, in the discretion
of the Director, be issued a provisional license to administer that home for a period
not to exceed 90 days from the date on which the regular licensed administrator first
ceased to perform his or her duties. The Director shall not renew such a provisional
license, nor shall the Director issue a provisional license to any other person to
administer a home that has been administered for the preceding 90 days by a provisional
administrator. (Added 1973, No. 72, § 4, eff. July 1, 1973; amended 2005, No. 27, § 14; 2007, No. 29, § 3.)