The general assembly declares that the intent of this article 265 is to provide a measure of protection to the residents of nursing homes in this state who are aged or who have disabilities by establishing a means to regulate nursing home administrators to ensure quality administration and sound management of nursing homes. It is […]
Articles 1, 20, and 30 of this title 12 apply, according to their terms, to this article 265. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1377, § 1, effective October 1.
As used in this article 265, unless the context otherwise requires: “Board” means the board of examiners of nursing home administrators created in section 12-265-106. “Nursing home administrator” means any individual licensed and responsible for planning, organizing, directing, and controlling the operation of a nursing home or who in fact performs these functions, whether or […]
No person shall practice or offer to practice nursing home administration in this state or use any title, sign, card, or device to indicate that the person is a nursing home administrator, unless the person has been duly licensed as a nursing home administrator as required by this article 265. Source: L. 2019: Entire title […]
The nursing home administrator in each of the three state home and training schools at Grand Junction, Pueblo, and Wheat Ridge is not required to be the superintendent of the facility. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1377, § 1, effective October 1. Editor’s note: This section is […]
The board of examiners of nursing home administrators is hereby created in the division. The board is composed of the following members appointed by the governor: Three members who are practicing nursing home administrators duly licensed under this article 265, at least one of whom shall be from nonprofit facility administration; and Two members representative […]
The board has the following powers and duties: To adopt rules defining standards of nursing home administration, including the responsibilities and duties of nursing home administrators, consistent with this article 265. The standards established in the rules shall be met by individuals in order to receive and retain a license and shall be designed to […]
The board shall admit to examination for licensure as a nursing home administrator any applicant who pays a fee as determined by the board, submits evidence of suitability prescribed by the board, is twenty-one years of age or older, and provides written documentation that the applicant meets one of the following requirements: The applicant has […]
The board may grant admission into the nursing home administrator-in-training program to an applicant for a nursing home administrator’s license who meets the board’s criteria for education and experience, pursuant to section 12-265-107 (4). Upon successful completion of the one-thousand-hour training period, the applicant is eligible to take the examination. Every nursing home administrator-in-training shall […]
Any license issued by the board pursuant to this article 265 is subject to the renewal, expiration, reinstatement, and delinquency fee provisions specified in section 12-20-202 (1) and (2). Any person whose license has expired shall be subject to the penalties provided in this article 265 or section 12-20-202 (1). Only an individual who has […]
The board shall determine the subjects of the state examination for all applicants for licensure as nursing home administrators. Examinations shall be held at least semiannually at such times and places as the board shall designate. Any examination shall be prepared or approved by the board. The board shall have the authority to select and […]
The board shall issue a license by endorsement to an applicant who satisfies the requirements of the occupational credential portability program. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1384, § 1, effective October 1. L. 2020: Entire section amended, (HB 20-1326), ch. 126, p. 542, § 35, effective June […]
The board has the power to take disciplinary or other action as specified in sections 12-20-404 and 12-265-107 (1)(d), upon proof that the person: Has procured or attempted to procure a license by fraud, deceit, misrepresentation, misleading omission, or material misstatement of fact; Has been convicted of a felony or pled guilty or nolo contendere […]
The board has the authority, pursuant to article 4 of title 24, to determine whether an applicant for a license or a temporary license to practice as a nursing home administrator possesses the qualifications required by this article 265, or whether there are reasonable grounds to believe that the applicant has done any of the […]
If the board has reasonable grounds to believe that a licensee or temporary license holder is unable to practice with reasonable skill and safety to residents because of a condition described in section 12-265-113 (1)(g) or (1)(h), it may require the person to submit to a mental or physical examination by a physician or other […]
Disciplinary proceedings may be commenced when the board has reasonable grounds to believe that a licensee under the board’s jurisdiction has committed acts in violation of section 12-265-113. Disciplinary proceedings shall be conducted in the manner prescribed by section 12-20-403 and article 4 of title 24, and the hearing and opportunity for review shall be […]
The board may appoint temporary advisory committees, including temporary professional review committees, to assist in the performance of its duties with respect to individual investigations. Each temporary advisory committee shall consist of at least three licensees who have expertise in the area under review. Members of temporary advisory committees shall receive no compensation for their […]
Any person who practices or offers or attempts to practice as a nursing home administrator without an active license issued under this article 265 is subject to penalties pursuant to section 12-20-407 (1)(a). Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1389, § 1, effective October 1. Editor’s note: This […]
The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405. Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1389, § 1, effective October 1. Editor’s note: This section is similar to former § 12-39-117 as it existed prior to 2019.
The board may seek injunctive relief through the attorney general or the district attorney in accordance with section 12-20-406, but only to enjoin any person who does not possess a currently valid or active nursing home administrator’s license from committing any act declared to be unlawful or prohibited by this article 265. In any action […]
