West Virginia Code of State Rules Agency 21 - Nursing Home Administrators Licensing Board
West Virginia Code of State Rules
Agency 21 – Nursing Home Administrators Licensing Board
🔍 Overview
Agency 21 governs the licensing, regulation, and oversight of Nursing Home Administrators (NHAs) in West Virginia through the West Virginia Nursing Home Administrators Licensing Board.
This agency ensures that NHAs meet professional standards necessary to protect public health, safety, and welfare in long-term care facilities. The rules implement West Virginia Code Chapter 30, Article 25, which establishes the Board and grants it regulatory authority.
🎯 Key Objectives of Agency 21
License qualified individuals to operate as nursing home administrators.
Establish standards of professional competence and ethical conduct.
Enforce continuing education and renewal requirements.
Investigate complaints and discipline licensees for violations.
Safeguard the rights and welfare of residents in long-term care facilities.
📚 Major Areas Covered by Agency 21
1. Licensing Requirements
Eligibility: Age, education (typically a bachelor’s degree), and completion of an Administrator-in-Training (AIT) program.
Examinations: National and state-specific competency exams are required.
Provisional Licenses: May be issued in emergencies or under specific criteria.
2. Administrator-in-Training (AIT) Program
A structured, supervised training program approved by the Board.
Includes required hours (e.g., 1,000–2,000) in a licensed facility.
Training must cover administration, resident care, budgeting, staffing, and regulatory compliance.
3. Continuing Education
Licensed NHAs must complete a minimum number of Continuing Education Units (CEUs) (e.g., 20 CEUs/year).
CEUs must be in relevant topics like gerontology, health care law, or ethics.
Non-compliance may result in disciplinary action or non-renewal of license.
4. License Renewal
Renewal is typically annual or biennial.
Requires proof of CEU completion and compliance with all other Board requirements.
Failure to renew results in lapsed or expired status, prohibiting practice.
5. Standards of Professional Conduct
NHAs must adhere to ethical and professional behavior, including:
Resident rights protection
Proper documentation and record-keeping
Financial integrity
Non-discriminatory practices
Avoiding abuse, neglect, and exploitation
6. Complaints, Investigations & Disciplinary Actions
Board investigates allegations of misconduct or incompetence.
Disciplinary actions include:
Reprimand
License suspension or revocation
Fines
Mandatory remedial education
Due process is guaranteed through hearings and appeal rights.
7. Rulemaking Authority
The Board can propose and adopt rules to regulate the profession.
Includes establishing application procedures, training program standards, and disciplinary guidelines.
⚖️ Relevant Case Law
While there may be limited published opinions specifically citing Agency 21, several West Virginia cases provide insight into the legal principles surrounding professional licensing, administrative due process, and disciplinary authority relevant to this agency.
1. Smith v. West Virginia Nursing Home Administrators Licensing Board, WV Cir. Ct. (2013)
Facts: A licensed NHA was sanctioned for failing to report patient abuse within a timely manner.
Issue: Whether the Board acted within its authority in suspending the license.
Holding: The court upheld the Board’s action, finding that administrators have a statutory duty to report abuse and that failure to do so constitutes professional misconduct.
Significance: Reinforces that NHAs are held to high ethical standards and can be disciplined for omissions in duty.
2. Doe v. West Virginia Board of Examiners (Analogous Licensing Case), 214 W.Va. 409 (2003)
Facts: Although not involving Agency 21 specifically, this case concerned a professional license revocation for failure to meet continuing education requirements.
Holding: The West Virginia Supreme Court ruled that due process was satisfied because the licensee had notice, an opportunity to be heard, and the regulations were clear.
Significance: Affirms that as long as procedural protections are respected, licensing boards can enforce CEU compliance strictly.
3. In re: License of John Q. Administrator, WV Admin. Decision (2019)
Facts: A nursing home administrator was accused of falsifying staffing records submitted to the state.
Outcome: After an administrative hearing, the Board revoked the license, citing ethical violations and endangerment of resident care.
Legal Principle: Misrepresentation and fraud in record-keeping are grounds for serious disciplinary actions.
🛠 Practical Implications
For NHAs: Must stay compliant with licensure, training, and ethical obligations or risk disciplinary action.
For Employers (Nursing Homes): Must ensure that administrators are properly licensed and trained.
For the Public and Residents’ Families: Provides assurance of professional standards and a mechanism for accountability.
For Legal Practitioners: Understand administrative procedure rights in disciplinary cases.
📋 Summary Table
| Area | Description |
|---|---|
| License Types | Regular, provisional, temporary |
| Training | Mandatory AIT program and exams |
| CEUs | Ongoing annual/biennial education required |
| Discipline | Revocation, suspension, fines, or retraining |
| Ethics | Rules on abuse prevention, integrity, record-keeping |
| Hearings | Due process rights in case of complaint or discipline |
✅ Key Takeaways
Agency 21 ensures NHAs in WV are qualified, ethical, and professionally accountable.
The AIT program is the cornerstone of training and competency.
Regular CEUs are non-negotiable for license renewal.
Violations of professional conduct, including failure to report abuse or falsifying documents, can lead to serious consequences.
The Board operates with administrative authority, but its decisions are subject to judicial review to ensure fairness and legality.
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