In addition to the reasons set forth in
NRS
654.190, the Board may bring disciplinary
action against a licensee or deny the issuance of or refuse to renew a license
as a nursing facility administrator, administrator of a residential facility
for groups or health services executive if the Board finds that the applicant
or licensee:
1. Is guilty of fraud or
deceit in procuring or attempting to procure a license pursuant to this
chapter.
2. Is guilty of
unprofessional conduct, including, without limitation:
(a) Providing services to a patient or
resident which the applicant or licensee is not capable of providing with
reasonable skill and safety because of his or her use of alcohol or drugs, or
because of lack of adequate training, skill or knowledge;
(b) Gross or repeated negligence in providing
services;
(c) Willful noncompliance
with any order of the Board or any other enforcement authority;
(d) Failure to notify the Board of the loss
of a license issued by the Bureau of Health Care Quality and Compliance of the
Division of Public and Behavioral Health of the Department of Health and Human
Services;
(e) Failure to notify the
Board of a change in circumstances as required pursuant to NAC
654.181;
(f) Paying or giving, or causing to be paid
or given, a fee, commission or other valuable consideration, inducement or
incentive to a senior living community referral agency for the solicitation,
procurement or referral of a patient or resident to a senior living community
by the senior living community referral agency, except where the licensee has
obtained from the senior living community referral agency:
(1) An affirmation that the senior living
community referral agency provided a statement of disclosure to and obtained
the consent of the patient or resident, or his or her representative, pursuant
to subsection 1 of NRS
449.114; and
(2) A copy of the contract between the senior
living community referral agency and the senior living community as required by
paragraph (e) of subsection 1 of NRS 449.1145;
(g) Except as otherwise provided in paragraph
(f), paying or giving, or causing to be paid or given, a fee, commission or
other valuable consideration, inducement or incentive for the solicitation,
procurement or referral of a patient or resident to a facility;
(h) Paying or giving, or causing to be paid
or given, any financial incentive, including, without limitation, a discount on
rent or other fees, to a patient, resident, or family member of or responsible
party for a patient or resident, to fund a payment to a person or entity for
referring the patient or resident to a facility, except where the referral is
authorized by paragraph (f);
(i)
Engaging in fraudulent, misleading or deceptive advertising;
(j) Failing to protect the privacy of a
resident or patient;
(k) Violating
the confidentiality of a resident or patient;
(l) Failing to maintain records as required
by law;
(m) Falsifying or altering
the records of a resident or patient;
(n) Failing to protect a resident or patient
from the incompetent, abusive or illegal practice of any person;
(o) Engaging in sexual contact with a
resident or patient;
(p) Engaging
in conduct which endangers the safety of the general public, patients,
residents, clients or employees by making actual or implied threats of violence
or carrying out such threats;
(q)
Abusing, exploiting, isolating, neglecting or abandoning a resident or patient
as defined in NRS
200.5092;
(r) Willfully or repeatedly violating the
provisions of this chapter; or
(s)
Accepting a resident or patient into a facility administered by the licensee if
the licensee knows or should know that the facility is unable to provide
adequate care to the resident or patient.
3. Is convicted in any jurisdiction of:
(a) A felony or any offense involving moral
turpitude;
(b) Any offense listed
in paragraph (a) of subsection 1 of
NRS
449.174;
(c) Any violation of
NRS
200.5091 to
200.50995, inclusive;
(d) Any offense which is substantially
related to the practice of an administrator or health services executive;
or
(e) Any offense for driving
under the influence of intoxicating liquor or a controlled substance.
4. Has a record of any
disciplinary, civil or criminal action taken against the applicant or licensee
that has been reported to or is required pursuant to the law of any
jurisdiction to be reported to the National Practitioner Data Bank maintained
by the Health Resources and Services Administration of the United States
Department of Health and Human Services which the Board determines is contrary
to the qualifications of an applicant or licensee.
5. Fails to pay an administrative fine levied
by the Board pursuant to this chapter or
NRS
654.190.
Bd. of Exam'rs
for Nursing Fac. Admin., License Rule No. 16, eff. 12-28-69; A and renumbered
as No. 15, 8-16-75-NAC A 2-1-85; A by Bd. of Exam'rs for Admin'rs of Facilities
for Long-Term Care, 11-29-95; R187-97, 3-12-98; R171-01, 6-28-2002; R131-04,
9-24-2004; A by Bd. of Exam'rs for Long-Term Care Admin'rs by R174-12,
2-20-2013; A by
R030-16A,
eff. 9/9/2016; A by
R139-17AP,
eff. 5/16/2018; A by
R105-24A,
eff. 8/28/2024
