2023 Ohio Revised Code › Title 47 | Occupations-Professions › Chapter 4751 | Nursing Home Administrators › Section 4751.32 | Disciplinary Actions.

Effective:
December 29, 2023
Latest Legislation:
Senate Bill 131 (GA 134),  House Bill 509 (GA 134)
(A) Except as provided in division (D) of this section, the board of executives of long-term services and supports may take any of the actions authorized by division (B) of this section against an individual who has applied for or holds a nursing home administrator license or health services executive license if any of the following apply to the individual:
(1) The individual has failed to satisfy any requirement established by this chapter or the rules adopted under section 4751.04 of the Revised Code that must be satisfied to obtain the license or temporary license.
(2) The individual has violated, or failed to comply with a requirement of, this chapter or a rule adopted under section 4751.04 of the Revised Code regarding the practice of nursing home administration, including the requirements of sections 4751.40 and 4751.41 of the Revised Code.
(3) The individual is unfit or incompetent to practice nursing home administration, serve in a leadership position at a long-term services and supports setting, or direct the practices of others in such a setting by reason of negligence, habits, or other causes, including the individual's habitual or excessive use or abuse of drugs, alcohol, or other substances.
(4) The individual has acted in a manner inconsistent with the health and safety of either of the following:
(a) The residents of the nursing home at which the individual practices nursing home administration;
(b) The consumers of services and supports provided by a long-term services and supports setting at which the individual serves in a leadership position or directs the practices of others.
(5) The individual has been convicted of, or pleaded guilty to, either of the following in a court of competent jurisdiction, either within or without this state:
(a) A felony;
(b) An offense of moral turpitude that constitutes a misdemeanor in this state.
(6) The individual made a false, fraudulent, deceptive, or misleading statement in seeking to obtain, or obtaining, a nursing home administrator license or health services executive license.
(7) The individual made a fraudulent misrepresentation in attempting to obtain, or obtaining, money or anything of value in the practice of nursing home administration or while serving in a leadership position at a long-term services and supports setting or directing the practices of others in such a setting.
(8) The individual has substantially deviated from the board's code of ethics.
(9) Another health care licensing agency has taken any of the following actions against the individual for any reason other than nonpayment of a fee:
(a) Denied, refused to renew or reinstate, limited, revoked, or suspended, or accepted the surrender of, a license or other authorization to practice;
(b) Imposed probation;
(c) Issued a censure or other reprimand.
(10) The individual has failed to do any of the following:
(a) Cooperate with an investigation conducted by the board under section 4751.31 of the Revised Code;
(b) Respond to or comply with a subpoena issued by the board in an investigation of the individual;
(c) Comply with any disciplinary action the board has taken against the individual pursuant to this section.
(B) The following are the actions that the board may take for the purpose of division (A) of this section:
(1) Deny the individual any of the following:
(a) A nursing home administrator license under section 4751.20, 4751.201, 4751.23, or 4751.24 of the Revised Code;
(b) A health services executive license under section 4751.201, 4751.21, 4751.23, or 4751.25 of the Revised Code.
(2) Suspend the individual's nursing home administrator license or health services executive license;
(3) Revoke the individual's nursing home administrator license or health services executive license, either permanently or for a period of time the board specifies;
(4) Place a limitation on the individual's nursing home administrator license or health services executive license;
(5) Place the individual on probation;
(6) Issue a written reprimand of the individual;
(7) Impose on the individual a civil penalty, fine, or other sanction specified in rules adopted under section 4751.04 of the Revised Code.
(C) The board shall take actions authorized by division (B) of this section in accordance with Chapter 119. of the Revised Code, except that the board may enter into a consent agreement with an individual to resolve an alleged violation of this chapter or a rule adopted under section 4751.04 of the Revised Code in lieu of making an adjudication regarding the alleged violation. A consent agreement constitutes the board's findings and order with respect to the matter addressed in the consent agreement if the board ratifies the consent agreement. Any admissions or findings included in a proposed consent agreement have no force or effect if the board refuses to ratify the consent agreement.
(D) The board shall not refuse to issue an initial nursing home administrator license or health services executive license, unless the refusal is in accordance with section 9.79 of the Revised Code.
The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.
Last updated December 29, 2023 at 5:24 AM