(a) An applicant applying for original licensure as a nursing home administrator under this chapter shall submit evidence, verified by oath and satisfactory to the Board, that such person: (1) Has completed a Board-approved course of study in nursing home administration at an accredited educational institution and meets the educational and experience requirements of the Board, including: a. Having received a baccalaureate or graduate degree from an accredited college or university with a major in health and human services, hospital administration, nursing or business administration; has been registered by the Board; and successfully completed a 6-month, pre-approved nursing home AIT program under the direct supervision of a Board-approved preceptor; or b. Having received a baccalaureate or graduate degree in a field other than health and human services, hospital administration, nursing or business administration; has been registered by the Board; and successfully completed a 9-month, pre-approved nursing home AIT program under the direct supervision of a Board-approved preceptor; or c. Having received an associate degree in any field from an accredited college or university, or holding a current Delaware license as a registered nurse; has been registered by the Board; and successfully completed a 12-month, pre-approved nursing home AIT program under the direct supervision of a Board-approved preceptor; (2) Has achieved a passing score on all examinations prescribed by the Board; (3) Has not received any administrative penalties regarding that applicant's own practice as a nursing home administrator, including but not limited to fines, formal reprimands, license suspensions or revocation (other than for nonpayment of renewal fees), probationary limitations, and/or has not entered into any "consent agreements" which contain conditions placed by a licensing board on that applicant's professional conduct and practice, including any voluntary surrender of a license. The Board may determine after a hearing whether an administrative penalty is grounds to deny licensure; (4) Does not have any impairment related to drugs or alcohol that would limit the applicant's ability to act as a nursing home administrator in a manner consistent with the safety of the public; (5) Has not been adjudicated mentally incompetent by any court or administrative entity under any circumstances that would limit the applicant's ability to act as a nursing home administrator in a manner consistent with the safety of the public. The Board may determine after a hearing whether such mental incompetence is grounds to deny licensure; and (6) Has complied with the provisions of § 5208 of this title regarding criminal background records and does not have a criminal conviction record nor pending criminal charge which is substantially related to nursing home administration. However, if after consideration of the factors set forth under § 8735(x)(3) of Title 29 through a hearing or review of documentation the Board, by an affirmative vote of a majority of the quorum, determines that granting a waiver would not create an unreasonable risk to public safety, the Board shall waive this paragraph (a)(6). a.-d. [Repealed.] (b) If the Board has found to its satisfaction that an applicant has been intentionally fraudulent, or that false information has been intentionally supplied, it shall report its findings to the Attorney General for further action. (c) If the application of a person has been refused or rejected, and such applicant has reason to believe the Board acted without justification; has imposed higher or different standards for that applicant than for other applicants or licensees; or has in some other manner contributed to or caused the failure of such application, the applicant may appeal to the Superior Court.
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