Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.15 - Suspension and Revocation of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to Health Occupations Article,
				  §
										9-314(b)(3),
				  Annotated Code of Maryland, the Board may deny a license or limited license to
				  any applicant, suspend or revoke a license of a nursing home administrator, or
				  reprimand or otherwise discipline an applicant or a licensee after due notice
				  and an opportunity to be heard at a formal hearing, upon evidence that the
				  applicant or licensee:
(1) Has violated any
				  of the provisions of the law pertaining to the licensing of nursing home
				  administrators or the regulations of the Board pertaining to it;
(2) Has violated any of the provisions of the
				  law or regulations of the licensing or supervising authority or agency of the
				  State or political subdivision of it having jurisdiction of the operation and
				  licensing of nursing facilities;
(3) Is incompetent to engage in the practice
				  of nursing home administration or to act as a nursing home
				  administrator;
(4) Has practiced
				  fraud, deceit, or misrepresentation in the licensee's capacity as a nursing
				  home administrator;
(5) Has
				  wrongfully transferred or surrendered possession, either temporarily or
				  permanently, his license certificate, license card, or license renewal card to
				  any other person;
(6) Has paid,
				  given, has caused to be paid or given, or offered to pay or to give to any
				  person a commission or other valuable consideration for the solicitation or
				  procurement, either directly or indirectly of nursing facility
				  patronage;
(7) Has used fraudulent,
				  misleading, or deceptive advertising;
(8) Has falsely impersonated another
				  licensee;
(9) Has endangered or
				  sanctioned the endangerment of the safety, health, and life of any
				  patient;
(10) Has failed to oversee
				  and facilitate the nursing facility's quality improvement processes to the
				  extent that the safety, health, or life of any patient has been
				  endangered;
(11) Has willfully
				  permitted unauthorized disclosure of information relating to a patient or
				  patient's records;
(12) Has
				  discriminated in respect to patients, employees, or staff on account of race,
				  religion, color, national origin, sexual orientation, or disability;
(13) Has violated the terms of the AIT
				  contract;
(14) Has engaged in
				  sexual behavior that would be considered unethical or unprofessional according
				  to the professional standards of conduct, including but not limited to:
(a) Sexual behavior with a client, patient,
				  or resident in the context of a professional evaluation, treatment, procedure,
				  or service to the client, patient, or resident, regardless of the setting in
				  which the professional service is rendered,
(b) Sexual behavior with a client, patient,
				  or resident under the pretext of diagnostic or therapeutic intent or
				  benefit,
(c) Solicitation of a
				  sexual relationship, whether consensual or nonconsensual, with a client,
				  patient, or resident,
(d) Sexual
				  advances requesting sexual favors,
(e) Therapeutically inappropriate or
				  intentional touching of a sexual nature,
(f) A verbal comment of a sexual
				  nature,
(g) Physical contact of a
				  sexual nature with a client, patient, or resident,
(h) Discussion of unnecessary sexual matters
				  with a client, patient, or resident,
(i) Direct or indirect observation of a
				  client, patient, or resident while the client, patient, or resident is
				  undressing or dressing,
(j) The
				  taking of photographs of a client, patient, or resident for a sexual
				  purpose,
(k) Sexual harassment of
				  staff, students, or volunteers,
(l)
				  An unnecessary sensual act or comment,
(m) Sexual contact with an incompetent or
				  unconscious client, patient, or resident;
(n) Offering to provide services, such as
				  drugs, in exchange for sexual favors;
(15) Has practiced as a nursing home
				  administrator without holding a license to practice nursing home administration
				  in the State;
(16) Has falsified
				  continuing education records; or
(17) Has failed to cooperate with
				  investigations, proceedings, and other requirements of the Board.