Provisions for licensing and regulating nursing care institution administrators were first enacted by Laws 1975, Chapter 141. Certification requirements and regulatory provisions for assisted living facility managers were enacted by Laws 1990, Chapter 292. Current statutory authority is found at A.R.S. §§36-446 through 36-446.15.
The Board of Examiners for Nursing Care Institution Administrators and Assisted Living Facility Managers was established to promote the safe and professional regulation of nursing care institutions and assisted living facilities in this state. Purpose, Laws 2011, Chapter 17. The Board consists of nine members, appointed by the Governor to terms of either two or three years, depending on the position the member holds.
Nursing care institutions provide care for people who need services on a continuing basis, but do not require hospital care or daily care of a physician. An assisted living facility is a residential care institution or adult foster care home that provides supervisory care services, personal care services or directed care services on a continuous basis. A nursing care institution is required to have a licensed administrator in order to operate. Similarly, an assisted living facility is required to have a certified manager in order to operate.
The Board approves licenses and certificates, develops qualifications and standards, establishes fees, administers disciplinary proceedings and conducts investigations of nursing care administrators and assisted living managers. The Board may also establish rehabilitation programs for licensees or certificate holders who are chemically dependent.
As a 90/10 Board, ten percent of all monies collected is deposited into the state general fund and the remainder is deposited into the Nursing Care Institution Administrators’ Licensing and Assisted Living Facility Managers’ Certification Fund. Civil penalties are deposited in the state general fund.
Laws 1975, Chapter 141 established licensing requirements for nursing care institution administrators, created the five-member Board of Examiners of Nursing Care Institution Administrators, and outlined Board powers and duties regarding licensing qualifications, examinations, fees, reciprocity, provisional licenses, disciplinary actions, and hearings. A violation of statutory requirements was classified as a misdemeanor. The Nursing Care Institution Administrators Licensing Fund was established, consisting of all monies collected by the Board. The measure authorized ADHS to provide administrative services and facilities to the Board. The Board was required to reimburse ADHS for actual costs of services or reasonable value of facilities provided. The measure also appropriated $5,000 to the Board of Examiners. Note: In addition to provisions regarding nursing care administrators, the measure addressed several other topics including those relating to children, public health and safety, welfare, juvenile courts, medical assistance for categorically needy, tax levies for medical care, and powers and duties of county boards of health.
Laws 1977, Chapter 172 increased the number of Board members to seven and required 25 hours of continuing education to renew a nursing care institution administrator’s license.
Laws 1982, Chapter 321 modified Board authority to establish licensing fees, revised grounds for disciplinary actions, increased continuing education requirements from 25 hours to 50 hours as a conforming change to adoption of a biennial license, and allowed a licensee to submit a request to transfer a current license to inactive status.
Laws 1984, Chapter 345 was a sunset continuation bill that made numerous changes to Board powers and duties. The measure modified representation on the Board; license fees; conduct of investigations and hearings concerning violations; and administrative penalties. The measure also authorized the Board to appoint review committees to make recommendations regarding matters of enforcement and administration, impose an administrative penalty of up to $500 and file a letter of concern. The Board was required to maintain a log of each complaint and retain relevant information in each administrator’s file. The Board was also authorized to enter a settlement for any matter under investigation, required to maintain a record of each settlement and make the record available for public inspection. Records related to a pending investigation, examination materials, grading, and transcripts were classified as confidential, not subject to public disclosure. The Board was continued for ten years.
Several measures were enacted in 1990 that modified statutory provisions related to the Board.
Board responsibilities were expanded to include certification of Adult Care Home Managers, prescribing the same or parallel requirements for managers of adult care homes as those in place at the time of enactment for administrators of nursing care institutions with respect to qualifications for certification, applications, examinations, maximum fees, continuing education, disciplinary and enforcement provisions, hearings, settlement, civil penalties and appeals. In addition, Board membership increased from seven to nine. The Board received an appropriation of $7,000 from the state general fund and was granted an extension (from June 30, 1991 to June 30, 1992) to repay an appropriation received in 1989. See Laws 1990, Chapter 250, Chapter 292 and Chapter 383. Note: Laws 1990, Chapter 383 conformed five sections of statute contained in the other 1990 measures in order to resolve technical inconsistencies in the enactments.
Laws 1995, Chapter 50 authorized the Board to establish a rehabilitation program for licensees and certificate holders who are chemically dependent. If a licensee or certificate holder refuses to enroll in and complete the program, the Board is authorized to take disciplinary action.
Laws 1998, Chapter 178 changed the name of the Board of Examiners of Nursing Care Institution Administrators and Adult Care Home Managers to the Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facilities Managers. The measure made conforming changes throughout statute. The measure also required the Department, rather than the Board, to: 1) approve a course of instruction and training for assisted living facility managers; and 2) establish, by rule, continuing education requirements for assisted living facility managers. The Department was required to adopt rules for assisted living facilities no later than November 1, 1998.
In 2004, SB 1012 would have continued the Board for ten years, however the legislation was vetoed by the Governor. The veto letter noted concerns about Board operation and recommended a performance audit be conducted by the Auditor General.
See veto letter: https://www.azleg.gov//govLettr/46leg/2R/SB1012.DOC.htm
Auditor General link to 2004 Performance Audit: https://www.azauditor.gov/reports-publications/state-agencies/nursing-care-institutions-board-examiners/report/board-examiners; https://azmemory.azlibrary.gov/digital/collection/statepubs/id/19345
Laws 2005, Chapter 283 increased the number of Board members from nine to eleven, modified the qualifications to serve on the Board and changed terms for all members to two years. The measure required the Board to provide copies of all Board minutes and executive decisions to the Senate and House of Representatives. The Board was continued for one year, until July 1, 2006.
The House of Representatives and Senate Health Committee of Reference held a meeting November 8, 2005 and recommended the Board be continued for five years. See minutes at:
Laws 2006, Chapter 22 continued the Board until July 1, 2011. In 2011, the Legislature continued the Board until July 1, 2021. See Laws 2011, Chapter 17.
Laws 2011, Chapter 141 transferred authority for assisted living facility training programs to the Board. Authority had previously been vested with ADHS. The program provides required training for assisted living facility manager certification and for caregivers.
Laws 2012, Chapter 58 reduced the number of Board members from eleven to nine and modified qualifications to serve on the Board. Terms for members are either two years or three years, depending on the member’s affiliation.
Laws 2019, Chapter 195 allowed the Board to authorize its executive director to issue licenses, certifications, registrations, preceptorships, reinstatements and waivers to eligible applicants who meet the requirements identified in the statute. The measure also addressed temporary licenses. Section 32-3124.I states: “This section applies to a health profession regulatory board to the extent that this section does not conflict with the board’s current statutory authority relating to temporary licensure.” https://www.azleg.gov/legtext/54Leg/1R/laws/0195.pdf The Board may adopt rules to carry out the new provisions.
A second enactment in 2019 requires the Board to regulate the unauthorized practice of the profession by investigating complaints and referring verified complaints to the county attorney or attorney general for prosecution. See Laws 2019, Chapter 227.
- Arizona Revised Statutes §§36-446 through 36-446.15
- Arizona Administrative Code §§R4-33-101 through R4-33-706
- Session Laws
- Laws 1975, Chapter 141
- Laws 1977, Chapter 172
- Laws 1982, Chapter 321
- Laws 1984, Chapter 345
- Laws 1990, Chapter 250, Chapter 292 and Chapter 383
- Laws 1995, Chapter 50
- Laws 1998, Chapter 178
- Laws 2005, Chapter 283
- Laws 2006, Chapter 22
- Laws 2011, Chapter 17 and Chapter 141
- Laws 2012, Chapter 58
- Laws 2019, Chapter 195 and Chapter 227
Related collections at Arizona State Archives
Record Group 226 – Board of Examiners of Nursing Care Institution Administrators and Assisted Living Facility Managers