N.Y. Public Health Law § 2896-b: Rules and regulations; powers and duties

§ 2896-b. Rules and regulations; powers and duties. 1. The board, by a

majority vote, shall adopt and amend rules and regulations, to be

certified by the commissioner prior to filing with the secretary of

state, to effectuate the provisions and purposes of this article,

including but not limited to (a) standards for courses of study for

nursing home administrators and for other instruction and training and

for experience and general character of nursing home administrators, and

(b) standards and procedures for examination, for the issuance,

revocation and suspension of licenses and registrations of nursing home

administrators and for the investigation of written charges and

complaints filed with the board relating thereto.

2. The board may assess a civil penalty against a nursing home

administrator for violation of or failure to comply with any lawful

notice, order or rule or regulation issued or adopted by the board, or

any provision of this article, not exceeding one thousand dollars for

every such violation or failure, which civil penalty may be assessed

after a hearing pursuant to section twenty-eight hundred ninety-seven-a

of this article.

3. The board, or the commissioner at the request of the board, shall

conduct such continuing study and investigation of the quality and

practice of nursing home administration as may be required for the

improvement of the standards imposed and procedures required for the

licensing of nursing home administrators, including the desirability of

instituting a residency or preceptorship program for nursing home

administrators in training.

4. The board, or the commissioner at the request of the board, shall

conduct such study and investigation of higher education in

institutional administration at the baccalaureate and master's degree

levels as is necessary to determine if such be required to assure the

continuing maintenance of professional standards of nursing home

administration in the state. The board shall seek the advice and counsel

of the state department of education in the conduct of such studies.

5. The commissioner may propose rules and regulations and amendments

thereto for consideration by the board to effectuate the purposes of

this article.

6. The board shall also have the authority to take such actions as may

be necessary to enable the state to meet the requirements set forth in

section one thousand nine hundred eight of the social security act, the

federal rules and regulations promulgated thereunder and other pertinent

federal authority.