Ala. Admin. Code r. 135-X-7-.02 - Refusal, Suspension, Revocation Of License, And Disciplinary Proceedings

Current through Register Vol. 40, No. 6, March 31, 2022

(1) The license or the emergency permit of any person practicing or offering to practice assisted living administration may be revoked or suspended by the Board, or such person may be reprimanded, censured, or otherwise disciplined in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:
(a) Upon proof that such person has violated any of the provisions of these rules and regulations, or the laws enacted in accordance therewith;
(b) Upon proof that such person has acted in a manner deemed to be detrimental to the lives, health, safety, or welfare of the residents of any assisted living facility or healthcare facility in this state or any other jurisdiction;
(c) Upon proof that such person's conduct is immoral, unprofessional or dishonorable;
(d) Upon proof that that such person is guilty of fraud or deceit in the practice of assisted living administration, or in his or her admission to such practice;
(e) Upon proof that such person has been convicted in a court of competent jurisdiction, either within or without the state, of a crime involving moral turpitude;
(f) Upon conviction in this state or any other jurisdiction of any crime involving fraud;
(g) Upon conviction in this state or any other jurisdiction of a felony or any misdemeanor involving the physical, sexual, mental, or verbal abuse of an individual;
(h) Has violated any of the provisions of the law pertaining to the licensing of assisted living administrators or the rules and regulations of the Board pertaining thereto;
(i) Has violated any of the provisions of the law, code, rules or regulations of the licensing or supervising authority or agency of the State or political subdivision thereof having jurisdiction of the operation and licensing of assisted living facilities;
(j) Has been convicted of a crime, except a petty traffic offense as defined in Rule No. 135-X-2-.01, paragraph (i) of these Rules and Regulations;
(k) Is incompetent to engage in the practice of assisted living administration or to act as an assisted living administrator;
(1) Is addicted to or dependent upon any drug, legal or illegal (prescription or street), that impairs such licensee's ability to function as an assisted living administrator;
(m) Has paid, given or caused to be paid or given, or offered to pay or to give any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of assisted living residents as regards any third party reimbursement such as, but not limited to: State/Federal Medicaid waivers, Veterans Administration benefits, or long term care insurance;
(n) Has been guilty of fraudulent, misleading, or deceptive advertising;
(o) Has failed to exercise true regard for the safety, health and life of the resident;
(p) Has permitted unauthorized disclosure of information relating to a resident or his/her records;
(q) Has discriminated in respect to residents, employees, or staff on account of race, religion, or national origin;
(r) Has given false or untrue information to the Board or its officers or agents in his/her application for renewal, or has given false or untrue information to the Board or its officers or agents regarding matters before the Board, or its officers or agents or has refused to give information when lawfully required to do so by the Board or its officers or agents;
(s) Has entered into a plea of nolo contendere, nolo contender, no contender, no contest, or in a case involving a lewd or lascivious act against a child or an adult, inappropriate sexual conduct with a child or an adult, or any other crime in which the punishment could include a sentence of imprisonment exceeding one year.
(2) At such hearing, the person who is subject to suspension, reprimand, revocation, or other disciplinary action by the Board may be advised by counsel at his/her own choosing and expense, who shall file a Notice of Appearance with the Board in writing at least fifteen (15) days prior to date of hearing.
(3) The Board shall have the jurisdiction to hear all charges brought under the provisions of this section against any person having been issued a license as an assisted living administrator or having been issued a license as a provisional assisted living facility administrator; and upon such hearings shall determine the charges upon their merits. If the board determines that disciplinary measures should be taken, the Board may revoke his or her license, suspend him or her from practice, or reprimand, censure or otherwise discipline such person.
(4) All proceedings under this section shall be heard by the Board with at least a quorum of its members present, and decisions to discipline any licensee shall require a vote of two thirds of the members present.
(5) At any hearing under this chapter, the person charged shall appear in person and may be represented by counsel to produce witnesses and evidence in his/her own behalf, and to cross-examine witnesses. The Board or hearing committee is authorized to issue subpoenas, administer oaths and take testimony concerning all matters within the jurisdiction of the board, pursuant to the Alabama Procedures Act, Section 41-22-12(c). The circuit court of the county wherein said hearing is to take place shall have the authority, on application of the Board, to enforce obedience to said subpoenas and orders of the board concerning such testimony.

Notes

Ala. Admin. Code r. 135-X-7-.02
New Rule: Filed November 8, 2002; effective December 13, 2002. Amended: Filed October 9, 2003; effective November 13, 2003. Amended: Filed October 15, 2008; effective November 19, 2008. Amended: Filed October 16, 2013; effective November 20, 2013. Amended by Alabama Administrative Monthly Volume XXXIII, Issue No. 11, August 31, 2015, eff. 9/18/2015.

Author: Theresa Jordan

Statutory Authority: Code of Ala. 1975, ยง 34-2A-1-16.

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