N.J. Admin. Code § 8:43I-4.5

Current through Register Vol. 56, No. 12, June 17, 2024

Section 8:43I-4.5 - Conditional certification

(a) An applicant for certification as an assisted living administrator may be issued a conditional certification and may be employed in the capacity of a assisted living administrator for a period of up to 120 days, as follows:

1. Only those applicants who have filed a sworn statement with the Department on the application described in 8:43I-4.1(a) which attests that the person has not been convicted of a disqualifying offense shall be eligible for conditional certification. Any employer seeking to employ a conditionally certified assisted living administrator shall obtain a copy of the application from the employee and maintain it on file until the applicant become fully certified or is disqualified from certification.

2. Only those applicants who have successfully completed an approved training program and competency examination as defined by N.J.A.C. 8:36-1.5(a)3 shall be issued a conditional certification.

3. An applicant meeting the requirements of (a)1 and 2 above is deemed conditionally certified from the first day of employment through the 120th day of employment, provided that the applicant is not sooner disqualified from certification pursuant to this chapter.

4. Nothing in this chapter shall be construed as to permit an individual with a conditional certification authority to perform those duties of a assisted living administrator for which the applicant has not yet been trained or authorized to perform.

5. If a conditionally certified applicant is disqualified from certification, the Department shall issue a notice to the applicant and employer, if known. The notice to the employer shall state that the applicant is disqualified, but shall not disclose the offenses upon which the disqualification is based.

i. Upon receipt of the notice, the employer shall immediately remove the person from duties as an assisted living administrator and those duties which require regular contact with patients, residents or clients. The person shall not have unsupervised contact with any patient, resident or client, nor shall the property of those persons be entrusted to any disqualified applicant. The employer shall provide notice, in writing, to the Department that it has removed the person from duties as an assisted living administrator and the effective date of the removal.

ii. The Department will notify the employer of any requests for hearings, and the results of any hearings, within five days of receipt of such request or disposition.

N.J. Admin. Code § 8:43I-4.5