SUBCHAPTER 37B – DEPARTMENTAL RULES
SECTION .0100 – GENERAL PROVISIONS
21 NCAC 37B .0101 AUTHORITY: NAME & LOCATION OF
BOARD
The "North Carolina State Board of Examiners for
Nursing Home Administrators," subsequently herein referred to as the
"Board," is established and authorized by G.S. 90, Article 20. The
Board's physical location and mailing address is: 3733 National Drive, Suite 110,
Raleigh, North Carolina 27612. The Board's website address is www.ncbenha.org.
History Note: Authority G.S. 90-277;
Eff. April 1, 1996;
Amend Eff. July 1, 2014;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.
21 NCAC 37B .0102 ELECTION OF
OFFICERS
The Board shall, at the first meeting subsequent to January
1 of each year, elect a chairperson, vice-chairperson and secretary. Vacancies
in the officers' terms, occurring from death, resignation, disability or expiration
of Board service, shall be filled by election at the next Board meeting
following the vacancy.
History Note: Authority G.S. 90-283;
Eff. April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.
21 NCAC 37B .0103 LICENSED ADMINISTRATOR REQUIRED
Only nursing homes supervised by an administrator licensed
in accordance with the requirements of G.S. 90, Article 20 and these Rules may
operate in this state.
History Note: Authority G.S. 90-276; 90-284; 90-285;
90-288; 42 C.F.R. 431.701; 42 C.F.R. 431.703;
Eff. April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.
SECTION .0200 - DEFINITIONS
21 NCAC 37B .0201 ADMINISTRATOR OF RECORD
"Administrator of Record" means the licensed
administrator who is physically present in the facility for an amount of time
sufficient to assure the facility's substantial compliance with applicable
state and federal laws and rules.
History Note: Authority G.S. 90-285;
Eff. April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.
21 NCAC 37B .0202 LICENSE
The license is a permanent certificate. An additional
current two‑part registration card is issued each time a licensee renews
his license. One part is to be affixed to and displayed with the license. The
second part provided is a wallet card.
History Note: Authority G.S. 90‑280; 90‑285;
Eff. February 1, 1976;
Amended Eff. April 8, 1977;
Readopted Eff. October 1, 1981; December 15, 1977;
Amended Eff. May 1, 1989;
Transferred and Recodified from 21 NCAC 37A .0909 Eff.
April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.
21 NCAC 37B .0203 NATIONAL EXAM
The term "National Exam" as used in these Rules
means the examination provided by the National Association of Boards of
Examiners for Nursing Home Administrators.
History Note: Authority G.S. 90-278;
Eff. April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.
21 NCAC 37B .0204 PRACTICE OF NURSING HOME
ADMINISTRATION
"Practice of nursing home administration" means
the performance of any act or the making of any decision involved in the
planning, organizing, directing, and/or control of the operation of a nursing
home.
History Note: Authority G.S. 90‑285;
Eff. February 1, 1976;
Readopted Eff. October 1, 1981; December 15, 1977;
Transferred and Recodified from 21 NCAC 37A .0105 Eff.
April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without substantive
public interest Eff. September 22, 2014.
21 NCAC 37B .0205 STATE EXAM
The term "State Exam" as used in these Rules means
the examination provided by this Board regarding North Carolina state laws and
rules concerning nursing homes.
History Note: Authority G.S. 90-278;
Eff. April 1, 1996;
Pursuant to G.S. 150B-21.3A, rule is necessary without
substantive public interest Eff. September 22, 2014.
