Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO: KRS Chapter 209, Chapter 216, 216A.070(1)(a), (c),
(d), 510.010(7)
NECESSITY, FUNCTION, AND CONFORMITY:
KRS
216A.070(3) authorizes the
board to promulgate administrative regulations necessary for the proper
performance of its duties.
KRS
216A.070(1)(a) requires the
board to develop, impose, and enforce standards which shall be met by an
individual licensed as a long-term care administrator.
KRS
216A.070(1)(d) requires the
board to establish and carry out procedures to insure compliance with the
established standards. This administrative regulation establishes a code of
ethics as a portion of the standards which shall be met in compliance with
KRS 216A.070(1)(a),
(c), and (d).
Section 1. Definitions.
(1) "Long term care administrator" is defined
by
KRS
216A.010(3).
(2) "Long term care facility" is defined by
KRS
216A.010(4).
(3) "Resident" is defined by
KRS
216A.010(5).
Section 2. Responsibility to
Residents.
(1) A long-term care administrator
shall:
(a) Advance and protect the welfare of
the resident;
(b) Respect the
rights of a person seeking service;
(c) Operate the facility consistent with laws
and administrative regulations applicable to nursing facilities under KRS
Chapter 216; and
(d) Have the duty
to report to the proper authorities knowledge of resident abuse, pursuant to
KRS Chapter 209.
(2) A
long-term care administrator shall not:
(a)
Provide services other than those for which the administrator is prepared and
qualified to perform;
(b)
Discriminate against or refuse professional service to anyone on the basis of
race;
(c) Misrepresent
qualifications, education, experience, or affiliations;
(d) Exploit the trust and dependency of a
resident;
(e) Participate in
activities that reasonably may be considered to create a conflict of interest,
or have the potential to have a substantial adverse impact on the facility, its
residents, or its staff;
(f) Engage
in a sexual relationship or sexual contact, as defined under
KRS
510.010(7), with a resident;
or
(g) Engage in sexual or other
harassment or exploitation of a resident, student, trainee, supervisee,
employee, colleague, research subject, or actual or potential witness or
complainant in an investigation or disciplinary proceeding.
Section 3.
Confidentiality. A long-term care administrator shall not divulge confidential
information, except:
(1) As mandated, or
permitted, by law;
(2) To prevent a
clear and immediate danger to a person;
(3) In the course of a civil, criminal, or
disciplinary action if:
(a) The long-term
care administrator is a defendant in that action; and
(b) The action arose from a service provided
by the long-term care administrator; or
(4) To comply with the terms of a consent
agreement if written informed consent has been obtained.
Section 4. Professional Competence and
Integrity.
(1) A long-term care administrator
shall maintain standards of professional competence and integrity and shall be
subject to disciplinary action for:
(a)
Conviction of a felony, or a misdemeanor related to the practice as a long-term
care administrator. Conviction shall include conviction based on:
1. A plea of no contest or an "Alford Plea";
or
2. The suspension or deferral of
a sentence;
(b) Having
been subject to disciplinary action by another state's regulatory agency that
the board determines violates applicable Kentucky state law or administrative
regulation;
(c) Misrepresentation
or concealment of a material fact in obtaining or seeking reinstatement of
license;
(d) Refusing to comply
with an order issued by the board;
(e) Failing to cooperate with the board by
not:
1. Furnishing in writing a complete
explanation to a complaint filed with the board;
2. Furnishing documentation requested by the
board regarding a complaint;
3.
Appearing before the board at the time and place designated; or
4. Properly responding to a subpoena issued
by the board; or
(f)
Violating KRS Chapter 216 or 201 KAR Chapter 6, governing the practice of
long-term care administration.
(2) Impaired Licensees.
(a) A licensee shall not practice as a
long-term care administrator if the competency of the licensee is impaired due
to a mental, emotional, psychological, pharmacologic, or substance abuse
condition.
(b) If an impairment
develops during the employment as a long-term care administrator, the licensee
shall:
1. Terminate or suspend the employment
after promptly identifying a replacement licensed by the board;
2. Notify the long-term care facility where
the licensee is employed of the impairment in writing; and
3. Assist the long-term care facility in
obtaining services from another licensee.
(c) Full compliance with paragraph (b) of
this subsection shall not constitute a defense to an administrative charge
brought against a licensee alleging violation of paragraph (a) of this
subsection but may be considered by the board as a mitigating factor.
STATUTORY AUTHORITY:
KRS 216A.070(1)(a),
(1)(d),
(3)
