Delaware Code
Subchapter II. License
§ 5211. Temporary licensure.

(a) Immediately upon receipt of an application therefore, the Board may issue a temporary license to an individual who wishes to serve as a temporary nursing home administrator in the event that a facility's licensed nursing home administrator is removed from the position by death or other unexpected cause. The owner, governing body, or other appropriate authority of the nursing home suffering such removal may designate an individual to serve as a temporary nursing home administrator subject to such regulations set forth and approved by the Board. The owner, governing body, or other appropriate authority of the nursing home, not the individual serving as the temporary nursing home administrator, must submit:

(1) A written application for temporary licensure to the Board, in a form approved by the Board, immediately after the individual begins undertaking the functions of a nursing home administrator;
(2) A clear statement that the individual has not held a temporary license issued pursuant to this section within the preceding 12 months;
(3) A clear statement that the individual understands that the temporary license will expire 90 days after the date of its issuance, that the temporary license may only be renewed once, for an additional 90 days, at the Board's discretion, and that the individual is not eligible for a subsequent temporary license within the 12 months immediately following its expiration;
(4) An affidavit from the individual that the individual has 3 years of health care management experience acceptable to the Board; and
(5) Verification that the individual holds either a degree in any field from an accredited college or university or holds a current Delaware license as a registered nurse.
(b) A temporary license issued pursuant to this section shall expire 90 days after the date of its issuance and may only be renewed once, for an additional 90 days, at the Board's discretion. No person having previously been issued a temporary license may, within 12 months following its expiration, be granted a subsequent temporary license pursuant to this section.
(c) The Board shall not grant more than 1 temporary license to be used at a single facility at any 1 time.
(d) The Board shall not grant consecutive temporary licenses for use at a single facility.
(e) No person serving as a nursing home administrator pursuant to this section shall be permitted to concurrently serve as a registered nursing home administrator-in-training.
(f) A temporary license is only valid for the individual named in the license to work as a temporary nursing home administrator in the facility that submitted the temporary licensure application.
(g) The Board shall designate 1 of its members to review temporary licensure applications received between regular Board meetings. The designated Board member will have the authority to approve or deny such applications on behalf of the Board between regular Board meetings. At the subsequent regular Board meeting, the Board will review the temporary licensure application and either ratify or overturn the individual Board member's decision.

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