Current through Register Vol. 54, No. 50, December 14, 2024
Section 43b.439 - Schedule of criminal convictions-state Board of Examiners of Nursing Home Administrators(a) A conviction of any of the criminal offenses in paragraphs (1) and (2) may constitute grounds to refuse to issue, suspend or revoke a license, certificate, registration or permit issued by the State Board of Examiners of Nursing Home Administrators (Board). (1) Each of the crimes of violence set forth in § 43b.422 (relating to crimes of violence), in accordance with § 43b.404(c) (relating to consideration of criminal convictions).(2) The following additional criminal offenses that have been deemed by the Board as directly related to the profession of nursing home administration, which shall raise a rebuttable presumption that the individual's licensure, certification, permitting or registration poses a substantial risk to the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(i): (i)18 Pa.C.S. § 2505 (relating to causing or aiding suicide).(ii)18 Pa.C.S. § 2713 (relating to neglect of care-dependent person).(iii)18 Pa.C.S. § 2713.1 (relating to abuse of care-dependent person).(iv)18 Pa.C.S. § 4911 (relating to tampering with public records or information).(v)18 Pa.C.S. § 4913 (relating to impersonating a notary public or a holder of a professional or occupational license).(vi)18 Pa.C.S. § 5106 (relating to failure to report injuries by firearm or criminal act).(vii)18 Pa.C.S. § 5112 (relating to obstructing emergency services).(viii)18 Pa.C.S. § 5510 (relating to abuse of corpse).(ix)18 Pa.C.S. § 7509 (relating to furnishing drug-free urine).(x)18 U.S.C.A. § 1035, regarding false statements relating to health care matters.(xi)18 U.S.C.A. § 1347, regarding health care fraud.(xii) Section 1407 of the Human Services Code (62 P.S. § 1407), pertaining to Medicaid fraud.(xiii) Section 8(13) of the Pharmacy Act (63 P.S. § 390-8(13)), pertaining to procuring a drug by fraud in violation of the Pharmacy Act (63 P.S. §§ 390-1-390-13).(xiv) Section 11 of the Nursing Home Administrators License Act (63 P.S. § 1111), pertaining to offenses under the Nursing Home Administrators License Act (63 P.S. §§ 1101-1114.2).(xv) Criminal attempt, criminal conspiracy or criminal solicitation to commit any of the offenses listed in sub-paragraphs (i)-(xiv).(xvi) An equivalent crime under the laws of this Commonwealth in effect at the time of the commission of that offense.(xvii) An equivalent crime in another jurisdiction.(b) The Board retains the discretion to determine that, due to the nature of the criminal conduct that led to the conviction, the licensure, certification, permitting or registration of an individual with a criminal conviction for an offense not listed in subsection (a) would pose a substantial risk to the health and safety of the individual's patients or clients or to the public or a substantial risk of further criminal convictions in accordance with § 43b.404(a)(2)(ii). The individual may rebut the Board's determination by showing evidence of rehabilitation utilizing the factors in § 43b.404(a)(3).Adopted by Pennsylvania Bulletin, Vol 54, No. 42. October 19, 2024, effective 10/19/2024