---
kind: "section"
citation: "42 C.F.R. § 431.701"
title: "42"
number: "431.701"
heading: "Definitions."
url: "https://uscodex.org/cfr/42/431.701"
---

# §431.701. Definitions.


Unless otherwise indicated, the following definitions apply for purposes of this subpart:

Agency means the State agency responsible for licensing individual practitioners under the State's healing arts licensing act.

Board means an appointed State board established to carry out a State program for licensing administrators of nursing homes, in a State that does not have a healing arts licensing act or an agency as defined in this section.

Licensed means certified by a State agency or board as meeting all of the requirements for a licensed nursing home administrator specified in this subpart.

Nursing home means any institution, facility, or distinct part of a hospital that is licensed or formally recognized as meeting nursing home standards established under State law, or that is determined under [§ 431.704](/cfr/42/431.704.md) to be included under the requirements of this subpart. The term does not include—

- (a) A religious nonmedical institution as defined in [§ 440.170(b)](/cfr/42/440.170.md?p=b) of this chapter; or
- (b) A distinct part of a hospital, if the hospital meets the definition in [§ 440.10](/cfr/42/440.10.md) or [§ 440.140](/cfr/42/440.140.md) of this subchapter, and the distinct part is not licensed separately or formally approved as a nursing home by the State even though it is designated or certified as a skilled nursing facility.

  Nursing home administrator means any person who is in charge of the general administration of a nursing home whether or not the person—

- (a) Has an ownership interest in the home; or
- (b) **Shares his functions and duties with one or more other persons.**

## Notes

### Amendments

[43 FR 45188, Sept. 29, 1978, as amended at 64 FR 67052, Nov. 30, 1999]

### Authority

Authority: 42 U.S.C. 1302.

### Source

Source: 43 FR 45188, Sept. 29, 1978, unless otherwise noted.

### Amendments

[43 FR 45188, Sept. 29, 1978, as amended at 64 FR 67052, Nov. 30, 1999]