Section 55-02-01-17 - Denial, suspension, and revocation of licensesThe 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; or20. Has failed to complete continuing education requirements.N.D. Admin Code 55-02-01-17
Amended effective February 1, 1993; December 1, 1998; December 1, 2002; November 1, 2005.Amended by Administrative Rules Supplement 2017-363, January 2017, effective 1/1/2017.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