(1) The board has the power to take disciplinary or other action as specified in sections 12-20-404 and 12-265-107 (1)(d), upon proof that the person:
Has procured or attempted to procure a license by fraud, deceit, misrepresentation,misleading omission, or material misstatement of fact;
Has been convicted of a felony or pled guilty or nolo contendere to a felony. Acertified copy of the judgment of conviction by a court of competent jurisdiction shall be prima facie evidence of the conviction. In considering a possible revocation, suspension, or nonrenewal of a license or temporary license, the board shall be governed by the provisions of sections 1220-202 (5) and 24-5-101.
Has had a license to practice nursing home administration or any other health careoccupation suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of the suspension or revocation.
Has violated or aided or abetted a violation of any provision of this article 265, anapplicable provision of article 20 or 30 of this title 12, any rule adopted under this article 265, or any lawful order of the board;
Has committed or engaged in any act or omission that fails to meet generally accepted standards for nursing home administration practice or licensure;
Has falsified or made incorrect entries or failed to make essential entries on residentrecords;
Has a substance use disorder, as defined in section 27-81-102, abuses or engages inthe habitual or excessive use of any such habit-forming drug or any controlled substance as defined in section 18-18-102 (5), or participates in the unlawful use of controlled substances as specified in section 18-18-404; except that the board has the discretion not to discipline the licensee if the person is participating, in good faith, in a substance use disorder treatment program approved by the board;
Has a physical disability or an intellectual and developmental disability that rendersthe licensee unable to practice nursing home administration with reasonable skill and safety to the residents and that may endanger the health or safety of persons under the licensee's care;
Has violated the confidentiality of information or knowledge as prescribed by lawconcerning any resident;
Has violated section 18-13-119 concerning the abuse of health insurance;
Has failed to post in the nursing home facility in a conspicuous place and in clearlylegible type a notice giving the address and telephone number of the board and stating that complaints may be made to the board;
Has practiced as a nursing home administrator without a license;
Has used in connection with the person's name any designations tending to implythat the person is a licensed nursing home administrator, unless the person in fact holds a valid license;
Has practiced as a nursing home administrator during a period when the person'slicense has been suspended or revoked; or
Has sold, fraudulently obtained, or furnished a license to practice as a nursing homeadministrator, or has aided or abetted therein.
The board need not find that the actions that are grounds for discipline were willfulor negligent, but it may consider the same in determining the nature of disciplinary sanctions to be imposed.
The board may send a letter of admonition by certified mail to a licensee under thecircumstances specified in and in accordance with section 12-20-404 (4).
If the board finds the charges proven and orders that discipline be imposed, it mayalso require the licensee to participate in a treatment program or course of training or education as a requirement for reinstatement as may be needed to correct any deficiency found in the hearing.
Source: L. 2019: Entire title R&RE with relocations, (HB 19-1172), ch. 136, p. 1385, § 1, effective October 1. L. 2020: (1)(g) amended, (SB 20-007), ch. 286, p. 1412, § 35, effective July 13.
Editor's note: This section is similar to former § 12-39-111 as it existed prior to 2019.