North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter G - LICENSING OF FAMILY CARE HOMES › Section .1500 - ADMINISTRATOR APPROVAL AND RENEWAL › Section 13G .1502 - ADVERSE ACTION ON ADMINISTRATOR APPROVAL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) The
				  Department shall deny, suspend, or revoke the approval of an administrator if
				  the administrator or applicant administrator:
(1) has not completed the continuing
				  education credits required by Rule.1503 of this Section;
(2) has been convicted by any jurisdiction of
				  a felony unless rights of citizenship have been restored and all of the
				  following have been considered and determined by the Department to allow
				  approval:
(A) the date of
				  conviction;
(B) the circumstances
				  surrounding the committing of the crime, if known;
(C) the nexus between the criminal conduct of
				  the person and the duties of an administrator; and
(D) the prison, jail, probation, parole,
				  rehabilitation, and employment records of the person since the date the crime
				  was committed;
(3) is
				  convicted by any jurisdiction of a misdemeanor unless all terms of the judgment
				  imposed for said misdemeanor have been met and the following have been
				  considered and determined by the Department to allow approval:
(A) the date of conviction;
(B) the circumstances surrounding the
				  committing of the crime, if known;
(C) the nexus between the criminal conduct of
				  the person and the duties of an administrator; and
(D) the prison, jail, probation, parole,
				  rehabilitation, and employment records of the person since the date the crime
				  was committed;
(4) was
				  the administrator of an adult care home or family care home whose license was
				  summarily suspended pursuant to
				  G.S.
				  131D-2.7(c) or a notice of
				  revocation of the facility's license was issued pursuant to
				  G.S.
				  131D-2.7(b). In these
				  circumstances, the Department shall take into consideration the length of time
				  the administrator was serving in that capacity at the facility and the nexus
				  between the reason for the summary suspension or revocation of the facility's
				  license and the job duties of the administrator in deciding whether to deny,
				  suspend, or revoke the approval of an administrator;
(5) is unable to perform as administrator
				  with reasonable skill and safety to residents by reason of any observable or
				  documented condition, such as dementia or other disease or condition known to
				  result in irreversible cognitive deterioration or drug or alcohol dependency,
				  that impairs the individual in such a way that it endangers the health, safety,
				  or welfare of residents;
(6) tested
				  positive for a controlled substance or refused to consent to drug testing
				  according to
				  G.S.
				  131D-45;
(7) prior or subsequent to applying to be an
				  administrator, has a findingon the North Carolina Health Care Personnel
				  Registry pursuant to
				  G.S.
				  131E-256; or
(8) fails to report any arrest or conviction
				  for a felony or misdemeanor to the Department within 10 days after such arrest
				  or conviction.