Chapter 15 - Nursing Home Administrators

10 Guam Code §§ 15101 - 15107 (2019) (N/A)
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10 GCA HEALTH AND SAFETY CH. 15 NURSING HOME ADMINISTRATORS CHAPTER 15 NURSING HOME ADMINISTRATORS § 15101. Definitions

§ 15102. Administrator's License Required

§ 15103. Licensing Function of the Commission Relating to Nursing Administrators

§ 15104. Qualifications for Licensure

§ 15105. Licensure in Other Jurisdictions

§ 15106. Courses of Instruction and Training

§ 15107. Present Administrators

SOURCE: This Chapter was added by P.L. 11-26

§ 15101. Definitions. As used in this Chapter: (a) Nursing Home means an institution, private home, other place or part or unit thereof, however named, whether for profit or not, including facilities operated by the government of Guam, which is advertised, offered, maintained or operated for the express or implied purpose of providing accommodations and nursing or related health care for two (2) or more indi- viduals not related to the owner or administrator by blood or marriage within the third degree of consanguinity, which accommodations and care are for a period of twenty-four (24) or more consecutive hours, but shall not include any place providing care and treatment primarily for the acutely ill

(b) Nursing Home Administrator means the individual responsible to the governing board or owner of the nursing home for planning, organizing, directing and controlling the total operation of the nursing home. SOURCE: GC § 27930.1

§ 15102. Administrator's License Required. No nursing home shall operate except under the supervision of a nursing home administrator, and no person shall be a nursing home administrator unless he is the holder of a sufficient nursing home administrator's license issued pursuant to this Chapter. SOURCE: GC § 27930.2

COL120106 1 10 GCA HEALTH AND SAFETY CH. 15 NURSING HOME ADMINISTRATORS § 15103. Licensing Function of the Commission Relating to Nursing Administrators. The Commission on Licensure shall license nursing home administrators in accordance with rules and regulations issued and, from time to time revised by it. A nursing home administrator's license shall be nontransferable and shall be valid for two (2) years or until surrendered for cancellation or suspended or revoked by the Commission on Licensure for violation of this Chapter or any other laws or regulations relating to the proper operation of a nursing home. Any denial of issuance or renewal, suspension or revocation shall be subject to review upon the timely request of the licensee and pursuant to Administrative Adjudication Act. SOURCE: GC § 27930.3

§ 15104. Qualifications for Licensure. In order to be eligible for a license pursuant to this Chapter, a person shall: (1) Be not less than twenty-one (21) years of age, of good moral character and physically and emotionally capable of administering a nursing home

(2) Have satisfactorily completed a course of instruction and training approved by the Commission on Licensure, which course shall be so designed as to content and so administered as to present sufficient knowledge of the needs properly to be served by nursing homes, laws gov- erning the operation of nursing home and the protection of the interests of patients therein, and the elements of good nursing home administration; or have presented evidence satisfactory to the Commission on Licensure of sufficient education and training in the foregoing fields

(3) Have passed an examination administered by the Commission on Licensure and designed to test for competence in the subject matter referred to in Item 2 thereof or have completed five (5) years of actual administration of hospitals or nursing homes

(4) Have such additional qualifications as may be required by the Commission on Licensure for a license

SOURCE: GC § 27930.4

COL120106 2 10 GCA HEALTH AND SAFETY CH. 15 NURSING HOME ADMINISTRATORS § 15105. Licensure in Other Jurisdictions. The Commission on Licensure may issue a nursing home adminis- trator's license, without examination, to any person who holds a current license as a nursing home administrator from another jurisdiction: provided that the Commission on Licensure finds that the standards for licensure in such other jurisdiction are at least the substantial equivalent of those prevailing in this Territory, and that the applicant is otherwise qualified

SOURCE: GC § 27930.5

§ 15106. Courses of Instruction and Training. If the Commission on Licensure finds that there are not a sufficient number of courses of instruction and training sufficient to meet the requirements of this Chapter conducted within the Territory, it may conduct one (1) or more such courses, and shall make provisions for such courses and their accessibility to residents of this Territory. The Commission on Licensure may approve courses conducted within this Territory as sufficient to meet the education and training requirements of this Chapter

SOURCE: GC § 27930.6

§ 15107. Present Administrators

Persons who, on the effective date of this Chapter, have been actively engaged as nursing home administrators for at least two (2) years next preceding such effective date, and who do not meet the requirements in force pursuant to § 15104, shall be issued a temporary license without the need to present evidence of satisfactory completion of a course of instruc- tion and training and without examination, but any such licenses shall expire no later than June 30, 1973

Every holder of a Nursing Home Administrator's License shall renew it biennially by making application to the Commission on Licensure on forms provided by the Commission. Such renewals shall be granted as a matter of course, unless the Commission finds that the applicant has acted or failed to act in such a manner or under such circumstances as would constitute grounds for suspension or revocation of a license

SOURCE: GC § 27930.7

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