Oklahoma Administrative Code › Title 310 - Oklahoma State Department of Health › Chapter 679 - LONG-TERM CARE ADMINISTRATORS › Subchapter 10 - Licensing of Long-Term care Administrators › Part 5 - DISCIPLINE › Section 310:679-10-20 - Disciplinary action

Current through Vol. 41, No. 20, July 1, 2024
(a)
				  This subchapter applies to all long term care administrators (licensed and/or
				  registered), certified assistant administrators (CAAs), any person applying for
				  licensure, registration, or certification, unlicensed persons acting as
				  administrators without a license or certification, and any person acting as
				  administrator with a revoked, suspended, surrendered, lapsed or vacated
				  license.
(b) The Board may take
				  action against a licensed/registered administrator or an unlicensed person
				  acting as administrator, and may deny an initial application; deny an
				  application for reinstatement; deny a licensure by endorsement application;
				  deny a renewal application; suspend or revoke a long term care administrator
				  license or certification, a provisional license, a preceptor certification, an
				  assistant administrator's certification, or an AIT internship training permit;
				  warn; censure; reprimand; impose administrative fines and/or costs including
				  attorney fees, impose probation or use other remedies that may be considered to
				  be less than suspension or revocation upon satisfactory evidence of any of the
				  following:
(1) Obtaining or attempting to
				  obtain a license, registration or certificate by fraud, deceit, or
				  misrepresentation; or misrepresenting one's self as holding a license or
				  certification when they do not.
(2)
				  Conviction of or a plea of guilty or nolo contendere to any felony or to any
				  misdemeanor involving moral turpitude, or any barrier offense listed in OAC
				  490:10-1-2.1.
(3) Use of legally-prescribed or illegal
				  drugs (narcotics or other dangerous drugs) or alcohol or the dependence on
				  legally-prescribed drugs or illegal drugs or alcohol, or gambling, if such use
				  or dependence, or such gambling, or the behaviors related to or resulting from
				  such use or dependence compromise the individual's ability or capacity to
				  fulfill his duties or responsibilities in the long term care facility, or if
				  the same constitute(s) a criminal offense.
(4) Commitment to a mental institution or
				  judicial determination of incompetence.
(5) Gross negligence, or negligence that
				  constitutes a danger to the health, welfare or safety of the residents or the
				  public.
(6) Physical or verbal
				  abuse of a resident or misappropriation of a resident's funds or property;
				  failure to report an allegation of physical or verbal abuse of a resident or
				  misappropriation of a resident's funds or property to appropriate state
				  authorities as required by law.
(7)
				  Fraudulent, deceptive or dishonest conduct in the management of a long term
				  care facility, or other conduct unbecoming to a person licensed or subject to
				  licensure under this law when, in the judgment of the Board, such conduct is
				  detrimental to the best interest of the long term care field, the long term
				  care administrator profession and/or the public.
(8) Except as otherwise permitted in this
				  Chapter, concurrently serving or acting as the administrator of more than one
				  nursing facility or assisted living facility; or exceeding the conditions
				  placed on administrators of ICFs/MR with 16 beds or less as stated in this
				  Chapter; or otherwise serving as an administrator beyond the scope of their
				  licensed authority.
(9) Failure to
				  comply with State or federal requirements applicable to the facility.
(10) Failure to comply with rules and
				  requirements for administrators established by the Board, including the
				  Administrator Code of Ethics and Administrator Responsibilities adopted by the
				  Board.
(11) Evidence that the
				  administrator 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 long term care
				  facility patronage.
(12)
				  Intentional retaliation or discrimination against any resident or employee for
				  contacting or providing information to any State official, licensing agency or
				  regulatory agency.
(13) Failure to
				  provide verification of continuing education hours.
(14) Sexual abuse, sexual harassment, or
				  sexual exploitation of any resident, employee, trainee, volunteer, consultant,
				  or visitor to the facility in which the licensee practices.
(15) Falsification of any records or
				  documents relating to the operation of a long term care facility; falsification
				  of records or documents submitted to the Board or any other state or federal
				  agency; falsification of a resident's records, or causing a resident's records
				  to be falsified.
(16) Use of the
				  licensee's professional status, title, position, or relationship as a long term
				  care facility administrator to coerce, improperly influence, or obtain money,
				  property, or services from a resident, resident's family member, employee,
				  visitor, or any person served by or doing business with the facility that
				  employs the administrator.
(17)
				  Interfering with, refusing to participate in, or impeding any investigation,
				  inspection, or disciplinary proceeding authorized by Statute.
(18) Violation of any disciplinary order,
				  consent agreement, term of suspension, condition, stipulation, or any other
				  limitation imposed on the licensee by the Board.
(19) Unlicensed practice, practice on a
				  revoked, suspended, or lapsed license; or practice on a provisional license
				  without the use of an on-site consultant or practice as a Certified Assistant
				  Administrator without the oversight of an Administrator-of-Record.
(20) Failure to pay fees or fines established
				  or imposed by the Board.
(21)
				  Knowingly aiding, assisting, or advising a person to unlawfully practice as an
				  administrator without a required license/registration.
(22) Failure to adequately supervise an
				  assistant administrator and/or failure to assure that the assistant
				  administrator complies with state and federal requirements applicable to the
				  facility.
(23) Conduct that
				  violates the security of any licensure examination materials.
(24) Coercion or harassment, or the attempt
				  to coerce or harass, or the use of any other form of uninvited solicitation
				  directed toward a resident of a long term care facility or toward a member of
				  the resident's family or the resident's guardian for the purpose of attempting
				  to persuade the resident to change long term care facilities.
(25) Failure to notify the Board of a change
				  of name, business or personal mailing address(es), or change of employment
				  within fifteen (15) calendar days of the occurrence.
(26) Coercion or harassment of, or the
				  attempt to coerce or harass, a member of the Board, a Board employee or an
				  authorized agent or representative of the Board as related to any matter or
				  issue over which the Board has jurisdiction.
(27) Exclusion by the Department of Health
				  and Human Services Office of Inspector General from participation in any
				  capacity in the Medicare, Medicaid, and all Federal health care programs as
				  defined in section 1128B(f) of the Social Security Act.