A.
General
This rule specifies a procedure for the investigation and
resolution of complaints and administrative actions concerning nursing home
administrators, administrators-in-training (A.I.T.), and permit holders.
B. Criminal Offenses
It shall be an offense punishable as a misdemeanor for an
individual to:
(1) perform the duties
of a nursing home administrator after July 1, 1970, without a valid license
issued hereunder;
(2) provide any
false information, either written or oral, incident to either an application
for a license hereunder or the renewal of a license hereunder, or a hearing
held under the provisions of the Mississippi Nursing Home
Administrators Law of 1970, as amended;
(3) employ knowingly an unlicensed individual
to perform the duties of a nursing home administrator.
C. Investigations
The Board is authorized to investigate or cause to be
investigated either on the basis of complaints filed with it, or on its own
initiative, instances of suspected violations of 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, including, but not limited
to:
(1) providing false information to
the Board incident to either an application for license, an application for a
new certificate of registration, a hearing or otherwise;
(2) maladministration, which includes by way
of illustration, but is not limited to: (a) practicing fraud, deceit, or
misrepresentation in the capacity of a nursing home administrator; (b) willful
falsification, destruction or theft of property or records relative to the
practice of nursing home administration; (c) committing acts of misconduct in
the operation of a nursing home; (d) advertising in a fraudulent, misleading,
or deceptive manner; (e) failure to exercise true regard for the safety, health
and life of patients; (f) unauthorized disclosure of information relating to a
patient or his records; and (g) paying, giving, causing to be paid or given, or
offering to pay, or giving to any person a commission or other valuable
consideration for the solicitation or procurement, either directly or
indirectly, of nursing home patronage, or accepting such payment;
(3) unethical conduct, which includes by way
of illustration, but is not limited to: wrongfully transferring or surrendering
possession, either temporarily or permanently, of a license or certificate of
registration as a nursing home administrator to any other person;
(4) incompetence, which includes by way of
illustration, but is not limited to: habitual drunkenness, addiction to the use
of narcotic drugs, unsound mental health, and being physically unable to
perform any and all duties of the administrator to ensure the health and safety
of all residents;
(5) conviction of
a felony; and
(6) unprofessional
conduct, which includes but is not limited to, doing any act which reflects
unfavorably upon a licensee under the law or these Rules and
Regulations.
Miss. Code Ann. Sections
73-17-7(2),
73-17-9(d)
and (e) and
73-17-13 (Rev.
2008); and Miss. Code Ann. Section
73-17-15
(Supp. 2011).
