Regulation 93-65 and Interpretive Guidelines

93 65. Operating a Facility Without a License.

  1. No nursing home or community residential care facility within the State may operate except under the supervision of a licensed administrator.
  2. Violation of the following standards will be considered an unprofessional act that is likely to harm the public.
    1. For combinations of Community Residential Care Facilities and/or other licensed facilities, having the same licensee, on one property, regardless of the number of beds, one full time licensed administrator must be on site or available during normal business hours.
    2. For one Community Residential Care Facility with more than ten beds on one property, there must be a full time licensed administrator on site or available during normal business hours.
    3. For one Community Residential Care Facility with ten beds or fewer on one property, there must be an administrator who is on site a minimum of twenty hours per week with time spent in the facility during normal business hours, equitably distributed daily.
    4. When a combination situation exists that does not comply with item (1) above, a second facility must be ten or fewer beds and be within the same five number zip code or no further than a twenty mile radius of the combination site, and the work hours of the administrator must be equitably distributed daily during normal business hours.

R93-65(B)-Interpretive Guidelines

The Board interprets the phrase "full-time" to mean no less than 37.5 hours per week.

The Board interprets the phrase "available" to mean accessible directly or by electronic means and able to respond immediately. An administrator is not "available" during time that he or she is providing services to another employer or business.

The Board interprets the phrase "normal business hours" to mean the hours between 7:00 a.m. and 7:00 p.m. Specifically for the Community Residential Care Facility Administrator of a facility with 10 beds or less, the minimum of twenty hours a week must be equitably distributed daily. In order to be "equitably distributed," four hours may be scheduled each day, Monday through Friday. In the alternative, up to 5 of the hours can be accumulated on Saturday and Sunday and, if hours are accumulated on weekends, the hours worked Monday through Friday must be distributed over portions of at least three days.