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JAMES K. BONHAM v. STATE BOARD EXAMINERS NURSING HOME ADMINISTRATORS (07/12/77)

decided: July 12, 1977.

JAMES K. BONHAM, PETITIONER
v.
STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS, RESPONDENT



Appeal from the Order of the State Board of Examiners of Nursing Home Administrators, Department of State, in case of In the Matter of Whether or Not James K. Bonham Qualifies for Admission to the Examination for Licensure as a Nursing Home Administrator in Pennsylvania, dated May 25, 1976.

COUNSEL

Charles O. Barto, Jr., with him Killian & Gephart, for petitioner.

Louis B. Rubin, Assistant Attorney General, with him Robert P. Kane, Attorney General, for respondent.

Judges Crumlish, Jr., Kramer and Rogers, sitting as a panel of three. Opinion by Judge Kramer.

Author: Kramer

[ 31 Pa. Commw. Page 52]

This is a petition for review filed by James K. Bonham (Bonham) to an order of the State Board of Examiners of Nursing Home Administrators (Board), dated May 25, 1976. The order denies Bonham's application to sit for the nursing home administrators licensure examination. We will affirm.

Bonham owns the Bonham Nursing Center (Center), a 49-bed, skilled nursing care facility. The Center was licensed by the Commonwealth as a nursing home on January 29, 1975. Under Section 3 of the Nursing Home Administrators License Act, Act of June 22, 1970, P.L. 378, 63 P.S. § 1103, the administrator of such a facility must be licensed by the Commonwealth. Because Bonham wished to serve the Center in such a capacity, he applied to sit for the administrators' licensure examination. His application, however, was denied. The reason given for the denial was that he did not satisfy any one of the alternate eligibility requirements set forth under Section 39.5(b) of the State Board of Examiners of Nursing Home Administrators Rules and Regulations, 49 Pa. Code § 39.5(b).

At the time pertinent to the denial of Bonham's application, Section 39.5(b) provided:*fn1

39.5 Requirements

(b) A candidate for examination for licensure shall also meet the following requirements:

(1) Prior to June 30, 1972, was serving as a provisional licensed nursing home administrator or on a temporary permit and continues in such capacity up to and including the date of application to take the examination; or

[ 31 Pa. Commw. Page 53]

(2) Has served as a nursing home administrator for two years or more during the past five years; or

(3) Prior to January 1, 1977, has graduated from a high school or secondary school approved or recognized by the educational authorities of the state in which such school is located, or a political division thereof, or has submitted a certificate of learning indicating that he has obtained high school or secondary school equivalency and has for the 36 months immediately preceding the date of application, successfully served in a full time capacity as an assistant administrator or co-administrator and has attended and successfully completed board approved specialized courses or a program of study in an area relevant to nursing home administration; or

(4) A registered professional nurse, licensed in the state of Pennsylvania, who has for the 18 months immediately preceding the date of application, served in a full time capacity in a nursing home and has attended and successfully completed board approved specialized courses or a ...


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