The license and registration of a person
practicing or offering to practice nursing home administration or the license
of a provisional nursing home administrator may be revoked or suspended, or the
licensee may be reprimanded, censured or otherwise disciplined upon decision
and after due hearing by the Board in any of the following cases:
If a licensed nursing home administrator
is unfit or incompetent by reason of negligence, habits or other causes.
Examples of instances of incompetence by reason of negligence, habits or other
causes include, but are not limited to, the following:
(i) Failure to provide personnel sufficient
in number and ability to assure safe patient care.
(ii) Failure to assure that nutrition,
medications and treatments, including restraints, are in accordance with
acceptable medical practice.
Proof that the licensee uses alcohol, drugs or both, in a manner that these
habits interfere with the safe operation of the facility.
(2) If a licensed nursing home administrator
has willfully or repeatedly violated the provisions of the act or the rules and
regulations enacted by the Board, or willfully or repeatedly acted in a manner
inconsistent with the health and safety of the patients of the home in which he
is the administrator.
(3) If a
licensed nursing home administrator is guilty of fraud or deceit in the
practice of nursing home administration or in his admission to the
(4) If a licensed nursing
home administrator has been convicted, pleaded guilty or nolo contendre in a
court of competent jurisdiction, either within or without this Commonwealth, of
(5) If a licensed nursing
home administrator shall allow, aid, abet, sanction or condone a violation by
another licensed nursing home administrator of the act or the rules and
regulations issued thereunder.
If a licensed nursing home administrator fails to comply with section 8 of the
act (63 P. S. §
1108) and continues to
act as a nursing home administrator.
(b) For the purposes of enforcing the
provisions of this section, the Board shall accept, review and investigate
complaints from the Department of Health, the Department of Public Welfare and
the Department of Labor and Industry pertaining to the maintenance and
operation of homes within the Commonwealth.