54-1604. FUNCTIONS AND DUTIES OF BOARD — FEE FOR LICENSE APPLICANTS — RULES. (1) It shall be the functions and duties of such board to:

(a) Develop, impose, and enforce standards consistent with this act which shall be met by individuals in order to receive and retain a license as a nursing home administrator which standard shall be designed to insure that nursing home 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 such standards;

(c) Issue licenses to individuals determined, after application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards;

(d) Establish and carry out procedures designated to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards;

(e) Receive, investigate, and take appropriate action with respect to any charge or complaint filed with the board charging that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards;

(f) Conduct a continuing study and investigation of administrators of nursing homes within the state with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such;

(g) The fee to be paid for any application, license, renewal, permit or registration shall be set by board rule in an amount not to exceed two hundred dollars ($200).

(2) The board or any committee or member thereof or any hearing officer designated by such board, acting in an official capacity, shall have powers and duties as provided by law.

Such board shall not be bound by the strict rules of evidence in the conduct of its proceedings but any determinations made shall be founded upon sufficient legal evidence to sustain them.

(3) The board shall also have the authority to make rules not inconsistent with law as may be necessary for the proper performance of its duties, and to take such other actions as may be necessary to enable the state to meet the requirements set forth in section 1908 of the "social security act," the federal rules promulgated thereunder, and other pertinent federal requirements.

(4) The board shall have the authority to collect from the state association representing nursing homes in Idaho an amount as is necessary to fully reimburse the board for all expenses relating to prelitigation panels conducted pursuant to chapter 23, title 6, Idaho Code. Funds collected by the board pursuant to this subsection shall be deposited into the occupational licenses fund.

History:

[54-1604, added 1970, ch. 177, sec. 4, p. 512; am. 1976, ch. 166, sec. 14, p. 607; am. 1989, ch. 31, sec. 1, p. 35; am. 1999, ch. 161, sec. 3, p. 442; am. 1999, ch. 395, sec. 2, p. 1095; am. 2001, ch. 77, sec. 3, p. 195.]