Haw. Code R. § 11-100.1-91 - Professional misconduct

(a) The department shall take action, as specified in subchapter 6, against any licensee, primary care giver or substitute care giver who is guilty of misconduct or employs or houses any persons guilty of misconduct that has been brought to the department's attention.

(b) Misconduct includes, but is not limited to, the following:

(1) Procurement of license by fraud or misrepresentation;

(2) Gross negligence;

(3) Repeated negligent acts;

(4) Mental or clinical incompetence;

(5) Any conduct that has endangered or is likely to endanger the health, safety, or welfare of the residents;

(6) Habitual intemperance in the use of alcohol or drugs;

(7) Conviction of a crime which is substantially related to the qualifications, functions, or duties of an individual providing care to residents;

(8) The conviction of a felony or misdemeanor, or petty misdemeanor involving moral turpitude, dishonesty, or corruption, whether or not the act is committed in the course of the individual's activities as one providing care to residents. The department may order a license to be suspended, limited or revoked, or may decline to issue a license when the time for appeal has elapsed, or when the judgment of conviction has been confirmed on appeal;

(9) Violation of any law regulating the dispensing or administration of narcotics, dangerous drugs, or controlled substances;

(10) Violating or attempting to violate, directly or indirectly, or assisting in, or abetting in, the violation of, or conspiring to violate any provision or term of chapter 321, HRS, this chapter, or any lawful order of the department;

(11) Making or giving false statement of information in connection with an application for issuance of a license;

(12) Aiding or abetting an unlicensed person to operate an ARCH or expanded ARCH as defined by chapter 321, HRS, and this chapter; and

(13) Conduct or character likely to deceive or defraud the public.

Notes

Haw. Code R. § 11-100.1-91

[Eff SEP 18 2006] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-15.6, 321-15.61, 321-15.62) (Imp: HRS §§ 321-9, 321-10, 321-11, 321-15.6, 321-15.61, 321-15.62)