Nursing Home Administrator License Defense
Representation Before the Board
The State Board of Examiners of Nursing Home Administrators licenses the administrators responsible for the operation of nursing homes in the Commonwealth. Because nursing homes are also licensed and surveyed by the Department of Health, a deficiency found at a facility may lead to an inquiry into the administrator's own license.
Matters commonly arise from survey deficiencies, resident or family complaints, allegations of neglect or abuse at a facility, financial irregularities and criminal charges. The Nursing Home Administrators License Act directs the Board and the Department of Health to share information where deficiencies stem from the administrator's practice.
Mimm Law, LLC represents nursing home administrators at every stage of a Board matter, from the initial inquiry through final order.
Governing Law
- Board
- State Board of Examiners of Nursing Home Administrators
- Statute
- Nursing Home Administrators License Act, 63 P.S. § 1101 et seq.
- Regulations
- 49 Pa. Code Chapter 39
- Licensees
- Nursing home administrators
- Renewal
- Biennial; licenses renew in even-numbered years
Who the Board Regulates
- Nursing home administrator license, by examination or endorsement
- Provisional license
- Temporary permit for an emergency, valid only at the named facility
- Administrator-in-training program
Grounds for Discipline
Section 12 of the Nursing Home Administrators License Act (63 P.S. § 1112) authorizes the Board to discipline a licensee for:
- Being unfit or incompetent by reason of negligence, habits or other causes
- Willful or repeated violation of the Act or the Board's rules, or willful or repeated conduct inconsistent with the health and safety of residents
- Fraud or deceit in practice or in obtaining admission to practice
- Conviction of a felony, or probation without verdict, disposition in lieu of trial or ARD on a felony charge
- Unprofessional conduct, meaning a departure from an ethical or quality standard of the profession
- Discipline in another jurisdiction
Sanctions the Board May Impose
The Board may revoke or suspend a license, issue a reprimand or censure, or impose other discipline. The Board may also order a temporary suspension where an administrator presents an immediate and clear danger, and a license is automatically suspended upon a felony drug conviction. A revoked administrator may apply for reinstatement only after five years and must meet all qualifications, including the examination. Practice on a lapsed license is handled by citation at $80 a month for up to 12 months.
In addition to the sanctions in the Board's own statute, Chapter 31 of Title 63 of the Pennsylvania Consolidated Statutes authorizes each licensing board to impose a civil penalty of up to $10,000 per violation and to assess the costs of investigation against a licensee found to have violated the law.
Obligations That Often Lead to Board Matters
Facility Surveys
Department of Health survey findings may be shared with the Board where a deficiency reflects on the administrator's practice. An administrator's response to a survey should be prepared with the licensing consequences in mind.
Reporting Obligations
The Board's regulations require an administrator to report a felony conviction or similar disposition within 30 days and final discipline in another jurisdiction within 90 days; the general 30-day reporting rule for Pennsylvania licensees also applies.
Continuing Education
Administrators must complete 48 clock hours of Board- or NAB-approved continuing education each biennial period, at least 12 of them in emergency preparedness and infection control.
Matters We Handle
- Facility survey deficiencies attributed to the administrator
- Resident and family complaints
- Staffing and supervision issues
- Reporting obligations following resident incidents
- Continuing education audits
- Criminal charges and convictions affecting licensure
How We Can Help
Board Investigations
Upon receipt of a letter of inquiry, a subpoena or contact from an investigator, the firm evaluates the allegations, reviews the licensee's records, prepares a written response and attends any investigative interview. In some matters, an early, well-documented response may resolve the matter before formal charges are filed.
Formal Charges and Hearings
When the Commonwealth files an Order to Show Cause, the time to respond is short, and a respondent who misses the deadline may be held in default and the facts alleged deemed admitted. The firm prepares and files the answer, negotiates a consent agreement where one serves the client's interests, and tries the matter before the hearing examiner or the Board where it does not.
Applications and Reinstatement
For applicants whose history may raise questions, and for licensees seeking reinstatement after suspension, revocation or lapse, the firm assembles the application and supporting record and presents the matter to the Board.
Questions Licensees Ask
The facility received serious survey deficiencies. Is my license at risk?
It may be. Survey deficiencies are directed at the facility, but where they reflect the administrator's own practice, the Board may open an inquiry. The administrator's documented response to the deficiencies, and the corrective action taken, are often central to the outcome.
Can I be disciplined for the conduct of staff?
The Board's focus is on the administrator's own competence and conduct, including the adequacy of supervision, policies and responses to known problems. An administrator who acted promptly and appropriately on information about staff misconduct is in a stronger position.
I am leaving an administrator position under difficult circumstances. What should I do?
Preserve records of your communications about staffing, resident care and any concerns you raised with ownership. If a complaint follows, contemporaneous records of the steps you took will be important.
Should I speak with an investigator before I have counsel?
A licensee who receives a letter of inquiry, a subpoena or a telephone call from an investigator with the Bureau of Enforcement and Investigation should be courteous and should note the investigator's name and contact information, but should not give a substantive statement before obtaining advice. Anything said to an investigator may be included in the report reviewed by the prosecuting attorney and, later, by the Board. Counsel can determine what is being alleged, gather the relevant records and prepare a response that is accurate, complete and appropriately limited.
Must I report a criminal conviction, plea or ARD, or discipline in another state?
Yes. Pennsylvania law requires every licensee to notify the licensing board in writing within 30 days of discipline imposed by a licensing authority in another jurisdiction and of a finding of guilt, guilty plea, plea of nolo contendere, probation without verdict, disposition in lieu of trial or Accelerated Rehabilitative Disposition on a felony or misdemeanor charge. Some boards' regulations impose additional or earlier reporting duties, including, for nurses and massage therapists, a duty to report the filing of criminal charges within 30 days. A failure to report is itself a ground for discipline, and it is frequently charged alongside the underlying conduct.
Meet Your Attorney
Steven A. Mimm, Esq.
Founder, Mimm Law, LLC. Admitted in Pennsylvania (2008) and New Jersey (2022).
From 2014 to 2022, Attorney Steven A. Mimm served as a prosecuting attorney bringing disciplinary actions on behalf of the Bureau of Professional and Occupational Affairs before Pennsylvania's licensing boards. That experience informs how the firm evaluates evidence, negotiates with the Commonwealth and prepares cases for hearing. Where a licensee also faces criminal charges, the firm handles the licensing matter and coordinates with the licensee's criminal defense counsel.
Related: All Licensing Boards · Licensing and FAQs
Last reviewed September 2026. The information on this page is general in nature and is not legal advice. Contacting the firm does not create an attorney-client relationship.