Current through Register Vol. 35, No. 18, September 24, 2024
In accordance with the provisions contained within the
Uniform Licensing Act, the board may take disciplinary action if the board
determines the applicant or licensee has violated the Nursing Home
Administrators Act or the board's regulations. The following shall subject the
licensee to disciplinary action by the board.
A. Fraud or deceit in procuring or attempting
to procure a license to practice as a nursing home administrator.
B. Knowingly practicing nursing home
administration or using any designation with the licensee's name tending to
imply, without a valid license, that the licensee is a nursing home
administrator; or knowingly aiding, assisting, procuring, advising, or
encouraging any unlicensed person to practice nursing home administration or
use any designation with the licensee name tending to imply that the licensee
is a nursing home administrator without a valid license.
C. Conviction by a court of competent
jurisdiction of any of the following disqualifying criminal convictions:
(1) homicide
(2) trafficking, or trafficking in controlled
substances;
(3) kidnapping, false
imprisonment, aggravated assault or aggravated battery
(4) rape, criminal sexual penetration,
criminal sexual contact, incest, indecent exposure, or other related felony
sexual offenses;
(5) crimes
involving adult abuse, neglect or financial exploitation
(6) crimes involving child abuse or neglect;
or
(7) crimes involving robbery,
larceny, extortion, burglary, fraud, forgery, embezzlement, credit card fraud,
or receiving stolen property.
(8)
This includes a conviction of an offense which, if committed in this state,
would be deemed a felony under either state or federal law, without regard to
its designation elsewhere.
D. Having been declared mentally incompetent
by a regularly constituted authority within or outside this state.
(1) Any such adjudication shall be grounds
for suspension of the license of any such person and shall prevent the
reissuance or renewal of any license so suspended for as long as the
adjudication of incompetence is in effect unless the board, upon a finding that
the licensee is mentally competent, orders otherwise.
(2) Any applicant who has been so adjudged to
be mentally incompetent shall not receive a license unless the board, upon a
finding that the applicant is mentally competent, orders otherwise.
E. Having become unable to
practice nursing home administration with reasonable skill and safety to
residents by reason of illness or use of alcohol, drugs, narcotics, chemicals,
or any other type of material, or as a result of a physical condition.
(1) License suspension shall only be in
effect during the period of alcohol or drug dependency or physical
incapacitation.
(2) In enforcing
the provisions in Subsections D and E of 16.13.18.8 NMAC, the board may, upon
reasonable grounds, require a licensee or applicant to submit to a mental or
physical examination by a licensed professional designated by the
board.
(3) The cost of such
evaluation shall be borne by the licensee or applicant. The results shall be
admissible in the hearing before the board, notwithstanding any claim of
privilege under a contrary rule or law or statute.
(4) If a licensee or applicant fails to
submit to such an examination when properly directed to do so by the board, a
show cause order may be issued from the board directing the licensee or
applicant to show cause why he/she should not submit to the
examination.
(5) The board may
enter a final order upon proper notice, hearing, and proof of such
refusal.
(6) Any licensee or
applicant who is prohibited from practicing nursing home administration under
Subsections D and E of 16.13.18.8 NMAC will, at reasonable intervals, be
afforded an opportunity to demonstrate to the board that he/she can resume the
practice of nursing home administration with reasonable skill and safety to
residents.
(7) Applicants for
licensure and renewal who have a history of alcohol or drug dependency shall be
required to demonstrate to the satisfaction of the board that they have met all
the following requirements:
(a) completed a
treatment program for alcohol or chemical dependency;
(b) remained abstinent from alcohol or
chemical dependence, except for drugs prescribed by a licensed physician for a
legitimate medical condition, for a minimum of at least two years;
and
(c) maintained active and
uninterrupted participation in a program of aftercare which provides for
periodic monitoring and supervision by appropriately trained personnel, and
which includes random and unannounced drug and/or alcohol screening of urine or
blood.
F.
Violation of any provision of the Nursing Home Administrators Act or any rules
and regulations duly adopted by the board.
