Case Information

*1 September 17, 1974 T. M. Lawrence, Jr. Opinion No. H- 401 Executive Secretary, Texas Board

of Licensure for Nursing Home Re: Does the Board of Licensure Administrators for Nursing Home Administrators P. 0. Box 4246 have authority to issue different Austin, Texas 78765 to administrators of group

homes.

Dear Mr. Lawrence:

On behalf of the Texas Board of Licensure for Nursing Home Administrators (hereafter The Board) you have asked our opinion as to whether the Board has authority to establish criteria and issue licenses for nursing home administrators who would function only as administrators and houseparents of facilities you describe as “group homes. ”

A group home (also known as a “transitional resident facility” or “halfway house”) is a home designed to assist persons released from mental institutions to face the problems inherent in assimilation into The home resembles an ordinary home except that there are society. eight to twelve residents and a couple acting as houseparents.

You advise that a group home built to certain specifications is eligible to be licensed by the State Health Department as an “Intermediate Care Facility-II, ” and that, if it is administered by a person who is himself licensed as a nursing home administrator, a group home is entitled to receive certain federally financed benefits through the Texas Department Title XIX of the Social Security Act, provides for grants of Public Welfare. to states for medical assistance programs. Section 1908 of the Social Security Act, referred to in $8 of Article 4442d, infra, and codified as a ” ‘State program the licensing of administra- 42 U. S. C. $1396g, defines ” as one which provides that no nursing home may tors of nursing homes’

pa 1872 *2 T. M. Lawrence, Jr. operate within the state except under supervision of a licensed administra- tor.

However, as you additionally point out, the houseparents who operate group homes do not require the same skills as those who administer traditional nursing homes. Therefore, if authorized to do so, your Board has considered issuing a second type of nursing home administrators license the houseparents.

Article 4442d, V. T. C. S., in $ Z(3) defines “nursing home” as any institution licensed as a nursing home by the Department of Health under Article 4442c, V. T. C. S. Although the definition of “institutions” contained in 5 2 of Article 4442~ does not specifically mention a group home or halfway house, it is sufficiently broad to cover them.

The jurisdiction of your Board over licensing of nursing home administrators is extremely comprehensive. Article 4442d, in part, provides:

Sec. 5. The Board shall have exclusive authority to determine the qualifications, skill and fitness of any person to serve as an administrator of a nursing home under the provisions of this Act and the holder of a under the provisions of this Act shall be deemed to be qualified to serve as the administrator of any nursing home for all purposes.

Sec. 6. It shall be the function and duty of the board to:

(1) develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators

p. 1873 *3 will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators:

(2) develop and apply appropriate techniques, including examinations and investigations, for determin- ing whether an individual meets such standards; issue licenses to individuals determined, after

(3) application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such is determined substantially to have failed to conform to the requirements of such standards;

Sec. 8. The Board shall have the authority to make rules and regulations not inconsistent with law as may be necessary or proper the performance of its duties, and to take such other actions as may be necessary to enable the State to meet the requirements set forth in Section 1908 of the Social Security Act, the Federal rules and regulations promulgated thereunder, and other per- tinent Federal authority: provided, however, that no rule altered or abolished without the shall be promulgated, approval of a two-thirds majority of the,Board.

Sec. 9. The Board shall have authority to issue licenses to qualified persons as nursing home administra- tors, and shall establish qualification criteria for such No license shall be issued nursing home administrators. to a person as a nursing home administrator unless:

(1) he is at least 21 years of age, of good moral p. 1874

character, sound in mental and physical health, and is a citizen of the United States or has duly declared his intention of becoming a citizen of the United States:

(2) he has satisfactorily completed a course of instruction and training prescribed by the board, which course shall be so designed as to content and so adminis- tered as to present sufficient knowledge of the proper needs to be served by nursing homes; laws governing the operation of nursing homes and the protection of the interests of patients therein; and the elements of good nursing home administration; or has presented evidence satisfactory to the board of sufficient education, training or experience in the foregoing fields to enable him to administer, supervise and manage a nursing home;

(3) he has passed an examination administered by the board and designed to test for competence in the subject matters referred to in subsection (2) hereof:

(4) that applicant submit written evidence, on forms provided for such purpose by the board, that he has successfully completed a course of study and has been graduated from a high school or secondary school approved and recognized by the educational authorities of the State in which such school is located, or a political ditisibn thereof, or has submitted a certificate indicating that he has obtained high school or secondary school such certificate being certified by a State equivalency, educational authority or a political division thereof; and

(5) tha,t applicant has complied with all other qualifica- tions and requirements as may have been established by rule and regulation of the board.

pe 1875 *5 Although it is our conclusion that Articles 4442~ and 4442d are sufficiently broad to permit licensure of directors of group homes which meet the statutory definition of institution in Article 4442c, $ 2, as nursing home administrators, we do not believe the statute permits the Section 5 of Article 4442d Board to establish a second type of license. clearly provides that the holder of a license “shall be deemed to be qualified to serve as the administrator ofany nursing home for all purposes. ” (emphasis added) In our opinion this language requires a single type of license. See Attorney General Opinion H-147 (1973).

SUMMARY The Texas Board of Licensure for Nursing Home Administrators may directors of group homes as nursing home administrators, but it may not establish a separate type of license them.

Very truly yours, HILL JOHN L. Attorney General of Texas DAVID M. KENDALL, Chairman

Opinion Committee

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