N.J. Admin. Code § 8:34-8.2

Current through Register Vol. 56, No. 17, September 3, 2024

Section 8:34-8.2 - Administrative practice violations

(a) As may be applicable, the Board may recommend to the Commissioner the denial, suspension, summary suspension, or revocation of a license, and/or may reprimand or otherwise discipline a licensee or an applicant for license renewal upon receiving substantial evidence that the license applicant or licensee:

1. Has violated any law pertaining to the licensing of nursing home administrators;

2. Has willfully or repeatedly violated 26:2H-1 et seq., and/or the rules of any licensing or supervising authority or agency of the State and/or any political subdivision thereof having jurisdiction over the operation and licensing of nursing homes, and/or has committed a similar violation in any other jurisdiction;

3. Has been convicted of a crime involving moral turpitude, or any crime relating adversely to the practice of nursing home administration, or has been found to have violated 30:11-11 et seq., or this chapter by a court of competent jurisdiction.

i. For the purpose of this paragraph, a plea of guilty, non vult, nolo contendere or any other similar disposition of alleged criminal activity shall be deemed a conviction;

4. Has practiced fraud, deceit or misrepresentation in securing or procuring a nursing home administrator license;

5. Is incompetent to practice as a nursing home administrator;

6. Has practiced fraud, deceit or misrepresentation in his or her capacity as a nursing home administrator;

7. Has committed acts of misconduct in the operation of a nursing home under his or her jurisdiction;

8. Is addicted to, or dependent upon, the use of alcohol, any drug or any other substance that may result in abnormal behavior;

9. Has practiced without a nursing home administrator license;

10. Has wrongfully transferred or surrendered possession either temporarily or permanently of his or her license to any person;

11. Has paid, given, caused to be paid, given or offered to pay or give to any person a commission or other valuable consideration for the solicitation or procurement either directly or indirectly of nursing home services;

12. Has been guilty of fraudulent, misleading or deceptive advertising;

13. Has impersonated another licensee of a like or different name or has solicited or attempted to solicit an individual to impersonate him or herself;

14. Has failed to act to promote the safety, health and life of a resident;

15. Has willfully permitted unauthorized disclosure of information relating to a resident or his or her records;

16. Has discriminated in respect to residents, employees or staff on account of race, religion, color, sex or national origin, or other protected status under applicable New Jersey or Federal law;

17. Has committed an act of professional negligence or omission of professional responsibility that is repeated, willful or knowingly committed, or has committed gross negligence, in the opinion of the Board; or

18. For such other reasons as the Board might deem reasonable and appropriate to protect the health, safety, and welfare of the residents of any nursing home.

(b) Measures the Board may take to address violations of this chapter include, but are not limited to:

1. Placing a letter of reprimand, censure and/or warning in the Board file of an administrator;

2. Requiring an administrator to complete continuing education credits in specified areas in addition to the continuing education hours required for licensure renewal;

3. Requiring an administrator to obtain counseling and assistance;

4. Issuing a civil money penalty; and/or

5. Recommending to the Commissioner, the denial, suspension, summary suspension or revocation of an administrator's license.

N.J. Admin. Code § 8:34-8.2

Amended by 50 N.J.R. 821(a), effective 2/5/2018