North Dakota Administrative Code › Title 55 - Nursing Home Administrators, Board of Examiners for › Article 55-02 - Nursing Home Administrator Licensure › Chapter 55-02-01 - General Provisions › Section 55-02-01-17 - Denial, suspension, and revocation of licenses

Current through Supplement No. 393, July, 2024
The board may deny an application for licensure if the
				  applicant has violated any of the provisions of this section. The board shall
				  provide notice of denial of an application for licensure and inform the
				  applicant of the opportunity for a hearing. The board, after notice and
				  opportunity for hearing, may suspend or revoke a license for a nursing home
				  administrator, or may reprimand or otherwise discipline a licensee, if the
				  licensee :
1. Has violated any of the
				provisions of the law pertaining to the licensing of nursing home
				administrators or the rules and regulations of the board pertaining
				thereto;
2. Has violated any of the
				provisions of the law, rules, or regulations of the licensing authority having
				jurisdiction over the operation and licensing of nursing homes;
3. Has practiced fraud, deceit, or
				misrepresentation or provided misleading omission or material misstatement of
				fact in securing, procuring, renewing, or maintaining a nursing home
				administrator license;
4. Has
				engaged in fraudulent, deceptive, or dishonest conduct in the licensee's
				capacity as a nursing home administrator;
5. Has committed acts of professional
				misconduct or professional negligence;
6. Has practiced without a license;
7. Has transferred or surrendered possession
				of the licensee's license to any other person;
8. Has engaged in fraudulent, misleading, or
				deceptive advertising with respect to the facility;
9. Has impersonated another
				licensee;
10. Has failed to
				exercise true regard for the safety, health, and life of the
				resident;
11. Has permitted
				unauthorized or illegal disclosure of information relating to a resident or the
				resident's records;
12. Has
				discriminated in respect to residents or staff with regard to race, religion,
				color, age, sex, creed, marital status, disability, status with regard to
				public assistance, or national origin;
13. Has been convicted of an offense having a
				direct bearing on the applicant or licensee's ability to serve the public as a
				nursing home administrator or, following conviction of any offense, has been
				determined by the board to be insufficiently rehabilitated under North Dakota
				Century Code section 12.1-33-02.1;
14. Has engaged in sexual harassment, made
				sexual advances toward, or engaged in sexual contact with any nursing home
				resident, or engaged in sexual harassment of any nursing home employee,
				student, trainee, volunteer, consultant, or visitor;
15. Has used the licensee's professional
				status, title, position, or relationship as a nursing home administrator or
				licensee to coerce, improperly influence, or obtain money, property, or
				services from a resident, resident's family member, visitor, employee, or any
				person served by or doing business with a nursing home;
16. Has made a false statement or provided
				false or misleading information to the board, failed to submit reports as
				required by the board, failed to cooperate with an investigation of the board,
				or violated an order of the board;
17. Has failed to report a reprimand,
				restriction, limitation, condition, revocation, suspension, surrender, or other
				disciplinary action against the person's license as a nursing home
				administrator in another jurisdiction, has failed to report the existence of a
				complaint or other charges against the person's nursing home administrator
				license in another jurisdiction, or has been denied a license as a nursing home
				administrator by any other jurisdiction;
18. Has abused or is dependent on alcohol,
				legend drugs, or controlled substances, and the abuse or dependency affects the
				performance of the licensee's duties;
19. Has forged prescriptions or made drugs
				available to self, friends, or family members; or
20. Has failed to complete continuing
				education requirements.
General Authority:
NDCC 43-34-03, 43-34-04,
					 43-34-09
Law Implemented:
NDCC 43-34-03, 43-34-03.1,
					 43-34-09, 43-34-10, 43-34-11, 43-34-12