1. (1) In the event an assisted living administrator dies, unexpectedly resigns, becomes incapacitated, or has his/her license revoked, the person or persons then responsible for the management of the assisted living facility shall notify the Board within fifteen (15) days and the agency issuing the assisted living facility license and shall be allowed a reasonable period of time, not to exceed 120 days from the date of death, unexpected resignation, incapacitation, or revocation of license of the assisted living administrator, in which to replace said administrator. Such assisted living facility must apply to the Board for an emergency permit for the person who will actually administer the assisted living until a licensed assisted living administrator can be employed. Such application shall state the acting administrator’s qualifications, the circumstances creating the need for an emergency permit, and the period of time for which the emergency permit is needed, and said application shall be verified by the acting administrator and the owner of, or manager of the assisted living facility. The acting administrator must be able and willing to comply with State Board of Health rules governing assisted living facilities and must meet the following minimum qualifications:

   1. (a) Meet the pre-examination requirements according to Rule No. 135-X-5-.02 paragraph (1)(a)(1) through (1)(a)(4) and
   2. (b) Eligible to be licensed by reciprocity; or
   3. (c) Has worked in an assisted living facility or for a management company that operates assisted living facilities in a supervisory capacity for a minimum of two years prior to their appointment as acting administrator.
2. (2) Emergency permits will be issued by the Board if the Board approves of the applicant’s qualifications, and determines that the assisted living facility requires the services of an acting administrator with an emergency permit.
3. (3) Emergency permits shall be issued for a stated period not to exceed 120 days and will permit the holder to practice only at the assisted living facility for which the emergency permit is issued.

Author: Theresa Jordan

Statutory Authority: Code of Ala. 1975, §34-2A-1-16.

History: New Rule: Filed November 8, 2002; effective December 13, 2002. Amended: Filed October 9, 2003; effective November 13, 2003.