Alabama Administrative Code › Title 135 - ALABAMA BOARD OF EXAMINERS OF ASSISTED LIVING ADMINISTRATORS › Chapter 135-X-7 - LICENSE INFORMATION › Section 135-X-7-.02 - Refusal, Suspension, Revocation Of License, And Disciplinary Proceedings

Current through Register Vol. 42, No. 9, June 28, 2024
(1) The license or the emergency permit of
			 any person practicing or offering to practice assisted living 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 violated
			 any of the provisions of these rules and regulations, or the laws enacted in
			 accordance therewith;
(b) Upon
			 proof that such person has acted in a manner deemed to be detrimental to the
			 lives, health, safety, or welfare of the residents of any assisted living
			 facility or healthcare facility in this state or any other
			 jurisdiction;
(c) Upon proof that
			 such person's conduct is immoral, unprofessional or dishonorable;
(d) Upon proof that that such person is
			 guilty of fraud or deceit in the practice of assisted living administration, or
			 in his or her admission to such practice;
(e) 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;
(f) Upon conviction in this state or any
			 other jurisdiction of any crime involving fraud;
(g) Upon conviction in this state or any
			 other jurisdiction of a felony or any misdemeanor involving the physical,
			 sexual, mental, or verbal abuse of an individual;
(h) Has violated any of the provisions of the
			 law pertaining to the licensing of assisted living administrators or the rules
			 and regulations of the Board pertaining thereto;
(i) Has 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 assisted living facilities;
(j) Has been convicted of a crime, except a
			 petty traffic offense as defined in Rule No. 135-X-2-.01, paragraph (i) of
			 these Rules and Regulations;
(k) Is
			 incompetent to engage in the practice of assisted living administration or to
			 act as an assisted living administrator;
(1)
			 Is addicted to or dependent upon any drug, legal or illegal (prescription or
			 street), that impairs such licensee's ability to function as an assisted living
			 administrator;
(m) 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 assisted living residents as
			 regards any third party reimbursement such as, but not limited to:
			 State/Federal Medicaid waivers, Veterans Administration benefits, or long term
			 care insurance;
(n) Has been guilty
			 of fraudulent, misleading, or deceptive advertising;
(o) Has failed to exercise true regard for
			 the safety, health and life of the resident;
(p) Has permitted unauthorized disclosure of
			 information relating to a resident or his/her records;
(q) Has discriminated in respect to
			 residents, employees, or staff on account of race, religion, or national
			 origin;
(r) Has given false or
			 untrue information to the Board or its officers or agents in his/her
			 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;
(s) Has entered into a plea of nolo
			 contendere, nolo contender, no contender, no contest, or in a case involving a
			 lewd or lascivious act against a child or an adult, inappropriate sexual
			 conduct with a child or an adult, or any other crime in which the punishment
			 could include a sentence of imprisonment exceeding one year.