Ariz. Admin. Code § 4-33-208

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-33-208 - Standards of Conduct; Disciplinary Action

A. An administrator shall know and comply with all federal and state laws applicable to operation of a nursing care institution.

B. An administrator shall not:

1. Engage in unprofessional conduct as defined at A.R.S. § 36-446;

2. Be addicted to or dependent on the use of narcotics or other drugs, including alcohol;

3. Directly or indirectly permit an owner, officer, or employee of a nursing care institution to solicit, offer, or receive any premium, rebate, or other valuable consideration in connection with furnishing goods or services to patients of the institution unless the resulting economic benefit is directly passed to the patients;

4. Directly or indirectly permit an owner, officer, or employee of a nursing care institution to solicit, offer, or receive any premium, rebate, or other valuable consideration for referring a patient to another person or place unless the resulting economic benefit is directly passed to the patient;

5. Willfully permit the unauthorized disclosure of information relating to a patient or a patient's records;

6. Discriminate against a patient or employee on the basis of race, sex, age, religion, disability, or national origin;

7. Misrepresent the administrator's qualifications, education, or experience;

8. Aid or abet another person to misrepresent that person's qualifications, education, or experience;

9. Defend, support, or ignore unethical conduct of an employee, owner, or other administrator;

10. Engage in any conduct or practice contrary to recognized community standards or ethics of a nursing care institution administrator;

11. Engage in any conduct or practice that is or might constitute incompetence, gross negligence, repeated negligence, or negligence that might constitute a danger to the health, welfare, or safety of a patient or the public;

12. Procure or attempt to procure by fraud or misrepresentation a license or renewal of a license as a nursing care institution administrator;

13. Violate a formal order, condition of probation, or stipulation issued by the Board;

14. Commit an act of sexual abuse, misconduct, harassment, or exploitation;

15. Retaliate against any person who reports in good faith to the Board alleged incompetence or illegal or unethical conduct of any administrator; or

16. Accept an appointment as administrator of a nursing care institution in violation of R4-33-212.

C. The Board shall consider a final judgment or conviction for a felony, an offense involving moral turpitude, or direct or indirect elder abuse as grounds for disciplinary action under A.R.S. § 36-446.07 including denial of a license or license renewal.

D. An administrator who violates any provision of A.R.S. Title 36, Chapter 4, Article 6 or this Chapter is subject to discipline under A.R.S. § 36-446.07.

Ariz. Admin. Code § R4-33-208

Adopted effective July 24, 1978 (Supp. 78-4). Former Section R4-33-22 renumbered as Section R4-33-122 (Supp. 82-1). Section R4-33-209 renumbered from R4-33-122 by emergency action effective June 19, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-2). Emergency expired. Section R4-33-209 renumbered from R4-33-122 by emergency action effective November 29, 1991, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 91-4). Section R4-33-209 renumbered from R4-33-122 by emergency action effective February 28, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-1). Section R4-33-209 renumbered from R4-33-122 by emergency action effective May 28, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-2). Emergency expired. Section R4-33-209 renumbered from R4-33-122 by emergency action effective September 10, 1992, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 92-3). Section R4-33-208 renumbered from R4-33-122 effective November 25, 1992 (Supp. 92-4). Section R4-33-208 renumbered to R4-33-209, new Section R4-33-208 renumbered from R4-33-207 and amended by final rulemaking at 5 A.A.R. 423, effective January 15, 1999 (Supp. 99-1). Amended by final rulemaking at 12 A.A.R. 4075, effective December 4, 2006 (Supp. 06-4).

Amended by final rulemaking at 21 A.A.R. 543, effective 6/6/2015.