Current through Register Vol. 39, No. 6, September 16, 2024
(a) The
Department shall deny, suspend, or revoke the certification of an administrator
if the administrator or applicant administrator:
(1) has not completed the continuing
education credits required by Rule.1703 of this Section;
(2) has been convicted by any jurisdiction of
a felony unless rights of citizenship have been restored and all of the
following have been considered and determined by the Department to allow
certification:
(A) the dateof
conviction;
(B) the circumstances
surrounding the committing of the crime, if known;
(C) the nexus between the criminal conduct of
the person and the duties of an administrator; and
(D) the prison, jail, probation, parole,
rehabilitation, and employment records of the person since the date the crime
was committed;
(3) has
been convicted by any jurisdiction of a misdemeanor unless all terms of the
judgment imposed for said misdemeanor have been met and the following have been
considered and determined by the Department to allow certification:
(A) the date of conviction;
(B) the circumstances surrounding the
committing of the crime, if known;
(C) the nexus between the criminal conduct of
the person and the duties of an administrator; and
(D) the prison, jail, probation, parole,
rehabilitation, and employment records of the person since the date the crime
was committed;
(4) was
the administrator of an adult care home or family care home whose license was
summarily suspended pursuant to
G.S.
131D-2.7(c) or a notice of
revocation of the facility's license was issued pursuant to
G.S.
131D-2.7(b). In these
circumstances, the Department shall take into consideration the length of time
the administrator was serving in that capacity at the facility and the nexus
between the reason for the summary suspension or revocation of the facility's
license and the job duties of the administrator in deciding whether to deny,
suspend, or revoke the certification of an administrator;
(5) is unable to perform as administrator
with reasonable skill and safety to residents by reason of any observable or
documented condition, such as dementia or other disease condition known to
result in irreversible cognitive deterioration or drug or alcohol dependency,
that impairs the individual in such a way that it endangers the health, safety,
or welfare of residents;
(6) tested
positive for a controlled substance or refused to consent to drug testing
according to
G.S.
131D-45;
(7) prior or subsequent to applying for
administrator certification, has a finding on the North Carolina Health Care
Personnel Registry pursuant to
G.S.
131E-256; or
(8) fails to report any arrest or conviction
for a felony or misdemeanor to the Department within ten days after such arrest
or conviction.
(b) The
Department shall suspend the certification of an administrator who has been
arrested because of alleged criminal conduct, if the relationship between the
alleged criminal conduct and the administrator's duties indicates a need to
seek action in order to further protect facility residents pending adjudication
by a court. Serving as an administrator while the administrator's certification
is suspended shall be grounds for revocation of certification. Examples of
criminal conduct the Department may consider in relation to the administrator's
duties include fraud, physical assault, theft, abuse, neglect, exploitation,
and drug diversion.
Authority
G.S.
90-288.18;
131D-2.16;
131D-2.18;
131D-4.3;
143B-165;
Eff. April
1, 2017.
