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