2023 New York Laws › PBH - Public Health › Article 28-D - Practice of Nursing Home Administration › Title 3 - Violations; Penalties › 2897 - Suspension, Revocation and Civil Penalties.

§  2897. Suspension, revocation and civil penalties. 1. The license or
registration of a nursing home administrator  may  be  suspended  for  a
fixed  period,  revoked  or  annulled,  or  such administrator censured,
reprimanded, subjected to a civil penalty and otherwise disciplined,  in
accordance  with  the provisions and procedures defined in this article,
upon decision after due hearing that:
(a) he is guilty of fraud or deceit in his practice or has been guilty
of fraud or deceit in procuring his license or registration;
(b) he has been convicted in a court of competent jurisdiction, either
within or without the state, of a crime involving moral turpitude;
(c) he is or has been an alcohol abuser or is or has been addicted  to
the  use  of  morphine, cocaine or other drugs having similar effect, or
has become mentally ill;
(d) he  has  aided  and  abetted  in  the  practice  of  nursing  home
administration   a   person   who  is  not  a  registered  nursing  home
administrator;
(e) he  has  falsely  impersonated  a  duly  registered  nursing  home
administrator  or  former duly registered nursing home administrator, or
is practicing nursing home administration under an assumed name;
(f) he has been guilty  of  unethical  conduct  as  defined  by  rules
adopted by the board and certified by the commissioner;
(g)  he  has not obtained a certificate of registration as required by
section two thousand eight hundred ninety-six-g.
2. (a) A conviction of a felony shall forfeit a  license  to  practice
nursing  home  administration  and  shall be noted on the record of such
license, and the license and registration thereunder shall be cancelled;
provided, that if such conviction be subsequently set aside or  reversed
upon  appeal  and the accused acquitted or discharged, his license shall
be restored.
(b) A conviction of a felony shall include the conviction of a  felony
by  any  court  in this state or by any court of the United States or by
any court of any other state of the United  States;  provided,  however,
that if a crime of which the practitioner of nursing home administration
is  convicted  by any court of the United States or any other state is a
felony in the jurisdiction in which the conviction is had but is  not  a
felony in the state of New York, then the conviction shall not be deemed
a  conviction  of a felony for the purpose of this article. In the event
that a crime of which the licensee is convicted  by  any  court  of  the
United  States or by any court of any other state is not a felony in the
jurisdiction in which the conviction is had but is a felony in the state
of New York, then the conviction shall  be  deemed  a  conviction  of  a
felony for the purposes of this article.
(c)  If  a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where  such
conviction  was  had, or by the president of the United States, or shall
receive a certificate of relief from disabilities or  a  certificate  of
good  conduct pursuant to article twenty-three of the correction law for
the purpose of removing the disability under  this  section  because  of
such  conviction,  the  board  may, in its discretion, on application of
such person, and on the  submission  to  it  of  satisfactory  evidence,
restore to such person the right to practice nursing home administration
in this state.
3.  The license or registration of a nursing home administrator may be
suspended for a fixed period or revoked or  such  administrator  may  be
censured,  reprimanded,  subjected  to  a  civil  penalty  and otherwise
disciplined in accordance with the provisions and procedures defined  in
this article, upon decision after due hearing that, as the administrator
of a nursing home he has intentionally participated in any act, practice

or  policy  of such nursing home that endangered the health or safety of
its patients. No administrator shall be  deemed  to  have  intentionally
participated  in any act, practice or policy of a nursing home if he has
filed  written  objection  to  such  act,  practice  or  policy with the
operator of such nursing home, specifying the manner in which such  act,
practice  or  policy  endangers  the health or safety of the patients of
such nursing home.