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RONALD ALAN ROMEIS v. COMMONWEALTH PENNSYLVANIA (05/10/83)

decided: May 10, 1983.

RONALD ALAN ROMEIS, PETITIONER
v.
COMMONWEALTH OF PENNSYLVANIA, STATE BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS, RESPONDENTS



Appeal from the Order of the State Board of Examiners of Nursing Home Administrators in case of In Re: Application of Ronald Alan Romeis, dated April 15, 1982.

COUNSEL

Scott E. Townsley, for petitioner.

Ky Van Nguyen, Assistant Counsel, with him Edward D. Frank, II, Chief Counsel, David F. Phifer, Chief Counsel, and LeRoy S. Zimmerman, Attorney General, for respondent.

Judges Blatt, Craig and Doyle, sitting as a panel of three. Opinion by Judge Craig.

Author: Craig

[ 74 Pa. Commw. Page 241]

The State Board of Examiners of Nursing Home Administrators denied petitioner Ronald A. Romeis permission to sit for the April 29, 1982 Nursing Home Administrator Examination because he allegedly failed to meet the eligibility requirements of Title 49 of the Pennsylvania Code § 39.5. We affirm.

The relevant facts are not in dispute. For approximately five years, Mr. Romeis has been an assistant to the president of Philadelphia Presbytery Homes, Inc., a corporation that owns and operates two skilled nursing facilities and several retirement homes. His work experience has been gained, for the most part, in the central management office of the corporation and not in one of the skilled nursing facilities.

The board submits that it rejected Mr. Romeis' application because he (1) failed to acquire 1,000 hours of nursing home administration experience while physically present in a nursing home, as allegedly required by 49 Pa. Code § 39.5(b)(4)(ii), and (2) failed to receive the necessary certification of that experience from a licensed nursing home administrator employed at the facility, as required by 49 Pa. Code § 39.5(c).

Both parties agree that resolution of this case turns on the following question: To sit for the Nursing Home Administrator Examination under section 39.5(b)(4)(ii), must an otherwise eligible applicant obtain 1,000 hours of service while physically present in a nursing home, or may he qualify by gaining such

[ 74 Pa. Commw. Page 242]

    experience in the central management office of a multi-facility health care organization?

Section 39.5(b)(4)(ii) provides, in pertinent part:

(b) A candidate for examination for licensure shall also meet one of the ...


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