A. Board Review; Notice of Hearing
1. Upon the determination that a licensee or
administrator-in-training applicant has violated one or more provisions of this
Part the board may suspend, revoke, or refuse to issue a license or certificate
of registration for nursing home administrator found in violation of this Part.
In addition, the board may place a licensed administrator on probation, and/or
in remedial training, and/or officially reprimand or otherwise discipline a
licensee or administrator-in-training applicant, including but not limited to
the imposition of a fine as set forth in this Part.
2. Once a complaint under the categories that
follow has been received by the board, the board shall provide licensee or
administrator-in -training applicant with adequate notice and an opportunity to
respond as provided in Chapter 13 of this Part.
a. Category One
i. has violated any of the provisions of the
law, code, rules, or regulations of the agency of the state, or political
subdivisions thereof, having jurisdiction over licensing and operating of
nursing facilities, which violation resulted in a threat to the safety and
health of the resident(s) of the facility;
ii. has submitted false claims in excess of
$500 for services that were not rendered by the facility;
iii. has failed to maintain the required
records and to follow federal and state procedures for the handling of
residents' personal funds;
iv. has
failed to handle and/or account for facility funds in accordance with generally
accepted accounting principles;
v.
has attempted to secure or procure a nursing home administrator license in a
manner inconsistent with rules and regulations of the board;
vi. has been found guilty or pled guilty or
nolo contendere to use of any drug listed in Schedule I of the Louisiana
Criminal Code;
vii. has
demonstrated physical or mental inability to operate a nursing facility under
his jurisdiction in a manner consistent with federal and state standards and
rules and regulations of the board;
viii. has practiced while license is in
suspension;
ix. has transferred or
surrendered possession, either temporarily or permanently, of his license or
certificate to any other person;
x.
has failed to re-register his license as required by the board.
xi. has used alcohol, narcotics, or other
drugs in a manner that interferes with the actual ability to practice as a
nursing facility administrator or train as a administrator-in -training
applicant.
b. Category
Two
i. has intentionally violated any
provision of law, code, rules, or regulations of the agency of the state, or
political subdivisions thereof, having jurisdiction over licensing and
operations of nursing facilities, which violation does not result in a threat
to the health and safety of residents of the facility;
ii. has submitted false claims of less than
$500 for services that were not rendered by the facility;
iii. has committed acts of misconduct in the
operation of a nursing home, which includes but is not limited to
discrimination, sexual harassment, or failure to attend to duties of the
administrator;
iv. has impersonated
another licensee; and
v. has
violated any of the provisions of the law pertaining to the licensing of
administrators, or rules and regulations of the board pertaining
thereto.
c. Category
Three
i. has practiced misleading, or
deceptive advertising;
ii. has
paid, given, has caused to be paid or given or offered to pay or to give a
commission or other consideration for solicitation or procurement, either
directly or indirectly, of nursing home residents to any referral source which
shall include, but not be limited to hospitals, other nursing homes,
physicians, clinics, dentists, nurses, home health agencies, and social
workers;
iii. has failed to
practice according to the professional ethics established by the
board;
iv. has directly or
indirectly condoned, directed, or allowed actions by his subordinates which are
in violation of the aforementioned rules.
d. Category Four
i. has failed to notify the board in writing
of any and all changes in name, address, position, and other such information
included on their initial registration and any subsequent changes
thereto.
e. Category
Five. Has committed a subsequent violation of category one, two, or three
within a five-year period of having been found in violation of this Part by the
board.
3. Disciplinary
Action
a. Category One. A fine of not less
than $500 nor more than $2,000, and/or probation not to exceed three years,
and/or suspension of license for not less than 30 days nor more than three
years, denial of licensure and/or remedial training, counseling or revocation
of license.
i. A fine of not less than $150
nor more than $2,000, and/or probation not to exceed three years, and/or
suspension of license for not less than 30 days nor more than three years,
and/or remedial training or revocation of license.
ii. Failure to re- register a license as
required by the board results in a suspension. Provided further the licensee
shall not practice until re-registered. Failure to re -register within 6 months
of annual re-registration deadline will result in the lapse of such license
unless extended by the board at its discretion.
b. Category Two. A fine of not less than $250
nor more than $1,500, and/or probation not to exceed two years, and/or
suspension of license for not less than 30 days nor more than two years, and/or
remedial training.
c. Category
Three. A fine of not less than $125 nor more than $1,000, and/or probation not
to exceed one year, and/or suspension of license for up to one year, and/or
remedial training.
d. Category
Four. A fine of not less than $50 nor more than $100.
e. Category Five. A fine of not less than
$500 nor more than $5,000 and/or probation not to exceed five years and/or
suspension of license for not less than 30 days nor more than five years and/or
remedial training, or revocation of license.
