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) The
				  following reasons may disqualify an initial or renewal applicant from licensure
				  and/or result in enforcement by the Commissioner of Health:
(1) Obtaining or attempting to obtain a
				  license, registration or certificate by fraud, deceit, or misrepresentation; or
				  misrepresenting oneself 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 as outlined in this chapter.
(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 Department, 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 ICF/IID facilities 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 Department,
				  including the Administrator Code of Ethics and Administrator Responsibilities
				  adopted by the Department.
(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 Department 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 Department.
(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 Department.
(21)
				  Knowingly aiding, assisting, or advising a person to unlawfully practice as an
				  administrator without a required license.
(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 Department 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 Department, a Department employee
				  or an authorized agent or representative of the Department as related to any
				  matter or issue over which the Department has authority.
(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.