Article 1. General Provisions of California Health And Safety Code >> Division 2. >> Chapter 2.35. >> Article 1.
This chapter shall be known and may be cited as the Nursing
Home Administrators' Act.
There is hereby established in the State Department of
Health Services a Nursing Home Administrator Program (NHAP), which
shall license and regulate nursing home administrators.
(a) The following definitions shall apply to this chapter:
(1) "Department" means the State Department of Health Services.
(2) "NHAP" or "program" means the Nursing Home Administrator
(3) "State" means California, unless applied to the different
parts of the United States. In this latter case, "state" includes the
District of Columbia and the territories.
(4) "Nursing home" means any institution, facility, place,
building, or agency, or portion thereof, licensed as a skilled
nursing facility, intermediate care facility, or intermediate care
facility/developmentally disabled, as defined in Chapter 2
(commencing with Section 1250). "Nursing home" also means an
intermediate care facility/developmentally disabled habilitative,
intermediate care facility/developmentally disabled-nursing, or
congregate living health facility, as defined in Chapter 2
(commencing with Section 1250), if a licensed nursing home
administrator is charged with the general administration of the
(5) "Nursing home administrator" means an individual educated and
trained within the field of nursing home administration who carries
out the policies of the licensee of a nursing home and is licensed in
accordance with this chapter. The nursing home administrator is
charged with the general administration of a nursing home, regardless
of whether he or she has an ownership interest and whether the
administrator's function or duties are shared with one or more other
(6) "Administrator-in-Training Program" or "AIT Program" means a
program that is approved by the NHAP in which qualified persons
participate under the coordination, supervision, and teaching of a
preceptor, as described in Section 1416.57, who has obtained approval
from the NHAP.
(b) Nothing in this section shall be construed to allow the
program to have jurisdiction over an administrator of an intermediate
care facility/developmentally disabled-nursing or an intermediate
care facility/developmentally disabled habilitative, if the
administrator of the facility is not using licensure under this
chapter to qualify as an administrator in accordance with subdivision
(d) of Section 1276.5.
(c) Nothing in this section shall be construed to define an
intermediate care facility/developmentally disabled-nursing or an
intermediate care facility/developmentally disabled habilitative as a
nursing home for purposes other than the licensure of nursing home
administrators under this chapter.
The program shall adopt rules and regulations that are
reasonably necessary to carry out this chapter. The rules and
regulations shall be adopted, amended, and repealed in accordance
with Chapter 3.5 (commencing with Section 11340) of Part 1 of
Division 3 of Title 2 of the Government Code. To the extent that the
regulations governing the nursing home administrator program that are
in effect prior to January 1, 2002, are not in conflict with this
chapter, they shall remain in effect until new regulations are
implemented for purposes of this chapter.
(a) It shall be a misdemeanor for any person to act or
serve in the capacity of a nursing home administrator, unless he or
she is the holder of an active nursing home administrator's license
issued in accordance with this chapter. Persons carrying out
functions and duties delegated by a licensed nursing home
administrator shall not be acting in violation of this chapter.
(b) (1) This chapter shall not apply to any person who serves as
an acting administrator as provided in this subdivision when a
licensed administrator is not available because of death, illness, or
any other reason.
(2) A person who is acting as an administrator shall notify the
program in writing within five days of acting in this capacity and
provide factual information and specific circumstances necessitating
the use of an acting administrator.
(3) No person shall act as an administrator for more than 10 days
unless arrangements have been made for part-time supervision of his
or her activities by a nursing home administrator who holds a license
or provisional license under this chapter. Supervision shall include
at least 8 hours per week of direct onsite supervision by the
licensed administrator. The program shall be notified in writing of
the nature of this arrangement. No person shall act as an
administrator for more than two months without the written approval
of the program. The program shall not approve a person to act as an
administrator for more than six months.
(4) If the acting administrator is an administrator in training,
then the supervision required by paragraph (3) may be counted towards
the total hours of supervised training required by subdivision (f)
of Section 1416.57.
(c) Notwithstanding subdivision (b), an individual acting as an
administrator for more than 10 days must have management experience
in a health facility.