Louisiana Administrative Code › Title 46 - PROFESSIONAL AND OCCUPATIONAL STANDARDS › Part XLIX - Nursing Facility Administrators › Chapter 11 - Licenses › Section XLIX-1105 - Refusal, Suspension and Revocation of License

Current through Register Vol. 50, No. 6, June 20, 2024
A. Board Review; Notice of Hearing
1. Upon the determination that a licensee or
				administrator-in-training applicant has violated one or more provisions of this
				Part the board may suspend, revoke, or refuse to issue a license or certificate
				of registration for nursing home administrator found in violation of this Part.
				In addition, the board may place a licensed administrator on probation, and/or
				in remedial training, and/or officially reprimand or otherwise discipline a
				licensee or administrator-in-training applicant, including but not limited to
				the imposition of a fine as set forth in this Part.
2. Once a complaint under the categories that
				follow has been received by the board, the board shall provide licensee or
				administrator-in -training applicant with adequate notice and an opportunity to
				respond as provided in Chapter 13 of this Part.
a. Category One
i. has violated any of the provisions of the
				law, code, rules, or regulations of the agency of the state, or political
				subdivisions thereof, having jurisdiction over licensing and operating of
				nursing facilities, which violation resulted in a threat to the safety and
				health of the resident(s) of the facility;
ii. has submitted false claims in excess of
				$500 for services that were not rendered by the facility;
iii. has failed to maintain the required
				records and to follow federal and state procedures for the handling of
				residents' personal funds;
iv. has
				failed to handle and/or account for facility funds in accordance with generally
				accepted accounting principles;
v.
				has attempted to secure or procure a nursing home administrator license in a
				manner inconsistent with rules and regulations of the board;
vi. has been found guilty or pled guilty or
				nolo contendere to use of any drug listed in Schedule I of the Louisiana
				Criminal Code;
vii. has
				demonstrated physical or mental inability to operate a nursing facility under
				his jurisdiction in a manner consistent with federal and state standards and
				rules and regulations of the board;
viii. has practiced while license is in
				suspension;
ix. has transferred or
				surrendered possession, either temporarily or permanently, of his license or
				certificate to any other person;
x.
				has failed to re-register his license as required by the board.
xi. has used alcohol, narcotics, or other
				drugs in a manner that interferes with the actual ability to practice as a
				nursing facility administrator or train as a administrator-in -training
				applicant.
b. Category
				Two
i. has intentionally violated any
				provision of law, code, rules, or regulations of the agency of the state, or
				political subdivisions thereof, having jurisdiction over licensing and
				operations of nursing facilities, which violation does not result in a threat
				to the health and safety of residents of the facility;
ii. has submitted false claims of less than
				$500 for services that were not rendered by the facility;
iii. has committed acts of misconduct in the
				operation of a nursing home, which includes but is not limited to
				discrimination, sexual harassment, or failure to attend to duties of the
				administrator;
iv. has impersonated
				another licensee; and
v. has
				violated any of the provisions of the law pertaining to the licensing of
				administrators, or rules and regulations of the board pertaining
				thereto.
c. Category
				Three
i. has practiced misleading, or
				deceptive advertising;
ii. has
				paid, given, has caused to be paid or given or offered to pay or to give a
				commission or other consideration for solicitation or procurement, either
				directly or indirectly, of nursing home residents to any referral source which
				shall include, but not be limited to hospitals, other nursing homes,
				physicians, clinics, dentists, nurses, home health agencies, and social
				workers;
iii. has failed to
				practice according to the professional ethics established by the
				board;
iv. has directly or
				indirectly condoned, directed, or allowed actions by his subordinates which are
				in violation of the aforementioned rules.
d. Category Four
i. has failed to notify the board in writing
				of any and all changes in name, address, position, and other such information
				included on their initial registration and any subsequent changes
				thereto.
e. Category
				Five. Has committed a subsequent violation of category one, two, or three
				within a five-year period of having been found in violation of this Part by the
				board.
3. Disciplinary
				Action
a. Category One. A fine of not less
				than $500 nor more than $2,000, and/or probation not to exceed three years,
				and/or suspension of license for not less than 30 days nor more than three
				years, denial of licensure and/or remedial training, counseling or revocation
				of license.
i. A fine of not less than $150
				nor more than $2,000, and/or probation not to exceed three years, and/or
				suspension of license for not less than 30 days nor more than three years,
				and/or remedial training or revocation of license.
ii. Failure to re- register a license as
				required by the board results in a suspension. Provided further the licensee
				shall not practice until re-registered. Failure to re -register within 6 months
				of annual re-registration deadline will result in the lapse of such license
				unless extended by the board at its discretion.
b. Category Two. A fine of not less than $250
				nor more than $1,500, and/or probation not to exceed two years, and/or
				suspension of license for not less than 30 days nor more than two years, and/or
				remedial training.
c. Category
				Three. A fine of not less than $125 nor more than $1,000, and/or probation not
				to exceed one year, and/or suspension of license for up to one year, and/or
				remedial training.
d. Category
				Four. A fine of not less than $50 nor more than $100.
e. Category Five. A fine of not less than
				$500 nor more than $5,000 and/or probation not to exceed five years and/or
				suspension of license for not less than 30 days nor more than five years and/or
				remedial training, or revocation of license.