Disciplinary action

(a) This subchapter applies to all long term care administrators (licensed and/or registered), certified assistant administrators (CAAs), any person applying for licensure, registration or certification, unlicensed persons acting as administrators without a license or certification, and any person acting as administrator with a revoked, suspended, surrendered, lapsed or vacated license. (b) The Board may take action against a licensed/registered administrator or an unlicensed person acting as administrator, and may deny an initial application; deny an application for reinstatement; deny a licensure by endorsement application; deny a renewal application; suspend or revoke a long term care administrator license or certification, a provisional license, a preceptor certification, an assistant administrator's certification, or an AIT internship training permit; warn; censure; reprimand; impose administrative fines and/or costs including attorney fees, impose probation or use other remedies that may be considered to be less than suspension or revocation upon satisfactory evidence of any of the following The following reasons may disqualify an initial or renewal applicant from licensure or certification and could result in enforcement by the Commissioner of Health: (1) Obtaining or attempting to obtain a license, registration or certificate by fraud, deceit, or misrepresentation; or misrepresenting oneself as holding a license or certification when they do not. (2) Conviction of or a plea of guilty or nolo contendere to any felony or to any misdemeanor involving moral turpitude, or any barrier offense as outlined in this chapter. (3) Use of legally-prescribed or illegal drugs (narcotics or other dangerous drugs) or alcohol or the dependence on legally-prescribed drugs or illegal drugs or alcohol, or gambling, if such use or dependence, or such gambling, or the behaviors related to or resulting from such use or dependence 39 compromise the individual's ability or capacity to fulfill his duties or responsibilities in the long term long-term care facility, or if the same constitute(s) a criminal offense. (4) Commitment to a mental institution or judicial determination of incompetence. (5) Gross negligence, or negligence that constitutes a danger to the health, welfare or safety of the residents or the public. (6) Physical or verbal abuse of a resident or misappropriation of a resident's funds or property; failure to report an allegation of physical or verbal abuse of a resident or misappropriation of a resident's funds or property to appropriate state authorities as required by law. (7) Fraudulent, deceptive or dishonest conduct in the management of a long term long-term care facility, or other conduct unbecoming to a person licensed or subject to licensure under this law when, in the judgment of the Board Department, such conduct is detrimental to the best interest of the long term long-term care field, the long term long-term care administrator profession and/or the public. (8) Except as otherwise permitted in this Chapter, concurrently serving or acting as the administrator of more than one nursing facility or assisted living facility; or exceeding the conditions placed on administrators of ICFs/MR ICF/IID facilities with 16 beds or less as stated in this Chapter; or otherwise serving as an administrator beyond the scope of their licensed authority. (9) Failure to comply with State or federal requirements applicable to the facility. (10) Failure to comply with rules and requirements for administrators established by the Board Department, including the Administrator Code of Ethics and Administrator Responsibilities adopted by the Board Department. (11) Evidence that the administrator has paid, given, has caused to be paid or given or offered to pay or to give to any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of long-term care facility patronage. (12) Intentional retaliation or discrimination against any resident or employee for contacting or providing information to any State official, licensing agency or regulatory agency. (13) Failure to provide verification of continuing education hours. (14) Sexual abuse, sexual harassment, or sexual exploitation of any resident, employee, trainee, volunteer, consultant, or visitor to the facility in which the licensee practices. (15) Falsification of any records or documents relating to the operation of a long-term care facility; falsification of records or documents submitted to the Department or any other state or federal agency; falsification of a resident's records, or causing a resident's records to be falsified. (16) Use of the licensee's professional status, title, position, or relationship as a long-term care facility administrator to coerce, improperly influence, or obtain money, property, or services from a resident, resident's family member, employee, visitor, or any person served by or doing business with the facility that employs the administrator. (17) Interfering with, refusing to participate in, or impeding any investigation, inspection, or disciplinary proceeding authorized by Statute. (18) Violation of any disciplinary order, consent agreement, term of suspension, condition, stipulation, or any other limitation imposed on the licensee by the Department. (19) Unlicensed practice, practice on a revoked, suspended, or lapsed license; or practice on a provisional license without the use of an on-site consultant or practice as a Certified Assistant Administrator without the oversight of an Administrator-of-Record. (20) Failure to pay fees or fines established or imposed by the Department. (21) Knowingly aiding, assisting, or advising a person to unlawfully practice as an administrator without a required license. (22) Failure to adequately supervise an assistant administrator and/or failure to assure that the assistant administrator complies with state and federal requirements applicable to the facility. (23) Conduct that violates the security of any licensure examination materials. (24) Coercion or harassment, or the attempt to coerce or harass, or the use of any other form of uninvited solicitation directed toward a resident of a long-term care facility or toward a member of 40 the resident's family or the resident's guardian for the purpose of attempting to persuade the resident to change long term long-term care facilities. (25) Failure to notify the Department of a change of name, business or personal mailing address(es), or change of employment within fifteen (15) calendar days of the occurrence. (26) Coercion or harassment of, or the attempt to coerce or harass, a member of the Department, a Department employee or an authorized agent or representative of the Department as related to any matter or issue over which the Department has authority. (27) Exclusion by the Department of Health and Human Services Office of Inspector General from participation in any capacity in the Medicare, Medicaid, and all Federal health care programs as defined in section 1128B(f) of the Social Security Act. (c) When the Board places a license in probationary status, it may require the licensee to have a "consultant" administratorco during the probationary period. The consultant shall agree to the terms of the consultant role as defined in 490:10-1-5(c)(2), meet the qualifications in 490:10-1-5(e), and agree to the requirements of a consultant as listed at 490:10-1-5(f)(1) and (2). (d) The Board may stipulate requirements for reinstatement in disciplinary orders that are consistent with 490:10-1-11 requirements for reinstatement from suspended status. (b) If a Long-term Care Administrator violates any requirement in OAC 310:679, the Oklahoma Long- Term Care Administrators Act, or any other rule or law relevant to the duties and responsibilities of the Administrators, the Department may impose one or more of the following sanctions: (1) license or certificate revocation; (2) license or certificate suspension; (3) denial of application for license or certificate renewal; (4) assessment of an administrative penalty; (5) written letter of reprimand; (6) participation in continuing education; (7) probation; (8) denial of authorization to perform as a preceptor; or (9) revocation of preceptor authorization.