1. (1) In the event a nursing home administrator dies, unexpectedly resigns, becomes incapacitated, or has his/her license revoked, the person or persons then responsible for the management of the nursing home shall immediately notify the Board and the agency issuing the nursing home license and shall be allowed a reasonable period of time, not to exceed 180 days from the date of death, unexpected resignation, incapacitation or revocation of license of the nursing home administrator, in which to replace said administrator. Such nursing home must apply to the Board for an emergency permit for the person who will actually administer the nursing home until a licensed nursing home 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 nursing home. The acting administrator must meet the following minimum qualifications:

   1. (a) Be actively enrolled in an AIT program and eligible to sit for the licensure examination within 5 months of their appointment as acting administrator; or
   2. (b) Eligible to be licensed by reciprocity; or
   3. (c) Has worked in an Alabama nursing facility, or management company that operates Alabama nursing homes, in a supervisory capacity for a minimum of three 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 nursing home requires the services of a temporarily licensed administrator.
3. (3) Emergency permits shall be issued for a stated period not to exceed 180 days and will permit the holder to practice only at the nursing home for which the emergency permit and license is issued. No additional time will be given to a facility to replace the Administrator.

Author: Jacob L. Cureton, Jr., Chairman

Statutory Authority: Code of Ala. 1975, §34-20-11.

History: January 8, 1982; Filed September 30, 1982. Amended: Filed July 20, 1993; effective August 24, 1993. Amended: Filed January 16, 2001; effective February 20, 2001.