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North Carolina State Board of Examiners for Nursing Home Administrators

OVERVIEW North Carolina State Board of Examiners for Nursing Home Administrators. Board creation

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North Carolina State Board of Examiners for Nursing Home Administrators

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    1. North Carolina State Board of Examiners for Nursing Home Administrators New Board Member Orientation 31 August, 2005

    2. OVERVIEW North Carolina State Board of Examiners for Nursing Home Administrators Board creation & membership Staff Functions of Board Applicable laws Ethics Reimbursement for public service Legislative involvement

    3. North Carolina State Board of Examiners for Nursing Home Administrators Board was created by statute in 1969.

    4. North Carolina State Board of Examiners for Nursing Home Administrators Board has 7 members appointed by the Governor. 3 Members shall be licensed nursing home administrators. 4 shall be public, non-institutional members with no direct financial interest in nursing homes.

    5. North Carolina State Board of Examiners for Nursing Home Administrators Oath of Office & its meaning

    6. OATH OF OFFICE “I do solemnly and sincerely swear that I will support the Constitution of the United States; that I will be faithful and bear true allegiance to the State of North Carolina and to the constitutional powers & authorities which are or may be established for the government thereof; and

    7. OATH OF OFFICE That I will endeavor to support and maintain the Constitution of said State, not inconsistent with the Constitution of the United States to the best of my knowledge and ability, so help me God.”

    8. North Carolina State Board of Examiners for Nursing Home Administrators Board staff : Jane Baker, Executive Director. Martha Bell, Associate Director Norma Chamblee, Administrative Assistant Attorneys: Allen and Pinnix Law firm CPA: Boyce, Furr & Co.

    9. Allen and Pinnix, P.A. Law Firm Private law firm representing Board instead of Attorney General Have represented Board since October, 1993 Three attorneys share duty of representation: Noel Allen Jack Nichols Angela Long Carter

    10. Allen and Pinnix, P.A. Law Firm Duties include: Attendance at Board meetings; Attendance at Professional Standards Committee meetings; Provide general legal advice to Board & Executive Director; Monitor legislation; Represent in administrative hearings & litigation.

    11. Allen and Pinnix, P.A. Law Firm Additional Duties have also included: Assisting with rulemaking; Attending meetings with DFS staff; Teaching at Preceptor conferences; Review of contracts, lease & other legal documents.

    12. North Carolina State Board of Examiners for Nursing Home Administrators As an occupational licensing agency, the Board has Executive, Legislative and Judicial functions.

    13. North Carolina State Board of Examiners for Nursing Home Administrators In performing these functions, you will be using many laws, which will be briefly explained to you. NHA law administered by you as Board State laws, such as the Open Meetings law, Public Records law & the APA Federal laws, such as ADA, Civil Rights & Antitrust

    14. Executive Functions Advertise & Conduct meetings Budgetary Maintain files Serve as liaison with other State Agencies Handle Applications of: AITs, licensees, temporaries, reciprocals.

    15. Executive Functions Handle Applications of: AITs, licensees, temporaries, reciprocals. Laws to Apply GS 90-78 qualifications NAB exam scores

    16. Executive Functions GS 90-78 qualifications: 18 yrs old Good moral character Sound mental & physical health Complete 2 yrs college or equivalent Training as AIT

    17. Executive Functions Advertise and Conduct Meetings Statutes that affect these Functions: Public Records Law Open Meetings Law Occupational Boards, GS 93D

    18. Executive Functions Budgetary & Financial Statutes that affect these Functions: Executive Budget Act GS 93D-4 requires annual audit

    19. Executive Functions State Board of Examiners for Nursing Home Administrators Maintain files Public Records law, G.S. 132, “any document …made or received …in the course of business.”

    20. Legislative Functions Public Hearings at meetings Rulemaking Temporary rules Declaratory Rulings Administrative Procedure Act (APA) Rules Review Commission

    21. Legislative Functions – Rulemaking Can take 6 months to 2 years Idea & drafting Vote at meeting to start rulemaking Publication in N.C. Register Public Hearing if 12 or more request it Consideration of changes Rules Review Commission Possible legislative veto

    22. Judicial Functions Contested Case Hearings at meetings, or ask OAH to conduct Consent Orders Professional Standards Comm. Administrative Procedure Act (APA) Court review

    23. Judicial Functions What does Board do with non-licensees? Investigate Confer with other State’s agencies Send Cease & Desist letters Seek Court injunction

    24. Judicial Functions How does Professional Standards Committee get a case? Complaint to Board staff. DFS Other

    25. Judicial Functions What law does Professional Standards Committee apply? NHA Act DFS statute & regs Patient Bill of Rights Other

    26. Judicial Functions What options does Professional Standards Committee have? Dismiss complaint Letter of Caution Letter of Reprimand Consent Order Contested Case hearing

    27. Judicial Functions If the matter becomes a Contested Case hearing, either the Board or an Administrative Law Judge will convene case. Issue a Notice of Hearing at least 15 days before hearing Description of allegations and citation of law and rules

    28. Judicial Functions At hearing, either the Board or an Administrative Law Judge will hear testimony & receive evidence. Board President presides. Board members sit as judge & jury.

    29. Judicial Functions At hearing, Board is represented by Allen & Pinnix. Licensee is entitled to have an attorney present. Board & licensee both have right to present evidence Both have right to call & cross examine witness

    30. Judicial Functions Even though legal proceeding like court but are relaxed. Hearing is recorded, usually by court reporter. Record of pleadings must be maintained.

    31. Judicial Functions Rules of Evidence apply but are relaxed. Board has burden of proof. Board must prove violation by preponderance of evidence.

    32. Judicial Functions Board must issue Final Agency Decision resolving facts & applying law to determine violations. Licensee may appeal Decision to Court. Judicial Review means no new evidence.

    33. Judicial Functions Important rules for Board members hearing cases No ex parte communication Avoid Bias Be open-minded Remember Ethics Statement

    34. Judicial Functions No ex parte communication: Discussion with 1 side without other side being present Statute applies after Notice of Hearing Applies to both Opposing Party AND Board staff & attorney

    35. Judicial Functions Bias: “a predisposition regarding guilt or innocence substantially impeding defendant’s rights to a fair and impartial tribunal;” Simply knowing a party does not disqualify But, prior knowledge of facts may be a problem.

    36. Judicial Functions The Crump case: “one bad apple” Failure to disqualify may disqualify whole Board.

    37. Judicial Functions What should a Board member do if they are concerned about a potential conflict of interest? Announce potential conflict of interest. Discuss Abstain from deliberations & voting, if a conflict

    38. Board of Examiners for Nursing Home Administrators Ethical Considerations of Being a Board Member

    39. Ethics of Members Board of Examiners for Nursing Home Administrators What should a Board member do if they are concerned in a matter other than a contested case? Announce conflict of interest. Abstain from deliberations & voting.

    40. Ethics of Members State Board of Examiners for Nursing Home Administrators Governor’s Executive Order # 1 Receive copy. Submitting Statements of Economic Interest Contact us if you have questions.

    41. Ethics of Members State Board of Examiners for Nursing Home Administrators NC Board of Ethics Letter & Evaluation of Statements of Economic Interest Contact us if you have questions.

    42. Ethics of Members State Board of Examiners for Nursing Home Administrators NC Board of Ethics Newsletter March, 2004 newsletter on actual vs. potential conflicts of interest Actual Conflict = Financial Benefit Potential Conflict discussed in newsletter.

    43. State Board of Examiners for Nursing Home Administrators Service as Member

    44. Service as Member State Board of Examiners for Nursing Home Administrators Attend Board meetings Represent Board at other meetings Serve as liaison with regulated community Serve as contact with Governor Serve as resource at General Assembly

    45. Service as Member State Board of Examiners for Nursing Home Administrators Liability as Board member State officer & entitled to defense by Attorney General Sovereign immunity Only can be liable if show malice toward licensee

    46. Service as Member State Board of Examiners for Nursing Home Administrators Per Diem Payment Reimbursement of Expenses Limitations on travel & travel reimbursement In State travel Out of State travel

    47. LEGAL ADVICE

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