Ala. Admin. Code r. 620-X-7-.02 - Refusal, Suspension, Revocation Of License And Disciplinary Proceedings

(1) The license or the emergency permit of any persons practicing or offering to practice nursing home 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 willfully or repeatedly violated any of the provisions of these rules and regulations, or the laws enacted in accordance therewith; or willfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of the home in which he/she is administrator;

(b) Upon proof that such person's conduct is immoral, unprofessional or dishonorable;

(c) Upon proof that such person is guilty of fraud or deceit in the practice of nursing home administration, or in his or her admission to such practice;

(d) 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;

(e) Was not or is not entitled to license or certificate of registration; or

(f) Has violated any of the provisions of the law pertaining to the licensing of nursing home administrators or the rules and regulations of the Board pertaining thereto;

(g) Has willfully 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 nursing homes;

(h) Has been convicted of a crime, except a petty traffic offense as defined in Rule 620-X-5-.03, paragraph (4) of these rules and regulations;

(i) Is incompetent to engage in the practice of nursing home administration or to act as a nursing home administrator;

(j) Is addicted or dependent upon the use of alcohol, morphine, opium, cocaine, or other drugs recognized as resulting in an abnormal effect;

(k) 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 nursing home patronage;

(l) Has been guilty of fraudulent, misleading, or deceptive advertising;

(m) Has failed to exercise true regard for the safety, health and life of the resident;

(n) Has willfully permitted unauthorized disclosure of information relating to a resident or his/her records;

(o) Has discriminated in respect to residents, employees, or staff on account of race, gender, religion, or national origin;

(p) Has given false or untrue information to the Board or its officers or agents in his/her initial application for licensure or 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.

(2) 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 a nursing home administrator or having been issued a license as a provisional nursing home 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.

(3) All proceedings under this section shall be heard by the Board with at least two thirds of its members present, and decisions to discipline any licensee shall require a vote of two thirds of the membership of the entire Board; provided, that the Board may designate three or more of its membership to comprise a hearing committee for the purpose of determining whether charges brought justify a hearing by the Board, and with the authority to dismiss frivolous or unfounded charges.

(4) At any hearing under this chapter, the person charged shall have the right to appear either personally or by counsel, or both; to produce witnesses and evidence in his/her own behalf; and to cross-examine witnesses. The Board or hearing committee shall have the authority to issue subpoenas, compel the attendance of witnesses, administer oaths and take testimony concerning all matters within the jurisdiction of the Board. 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.

Author: Robert J. Coker, Jr., Chairman

Notes

Ala. Admin. Code r. 620-X-7-.02

January 8, 1982; Filed September 30, 1982. Amended: Filed July 20, 1993; effective August 24, 1993. Amended: Filed September 11, 2003; effective October 16, 2003.

Statutory Authority: Code of Ala. 1975, § 34-20-1