§ 39.9. Revocation or suspension of licenses.
(a) The license and registration of a person practicing or offering to practice nursing home administration or the license of a provisional nursing home administrator may be revoked or suspended, or the licensee may be reprimanded, censured or otherwise disciplined upon decision and after due hearing by the Board in any of the following cases:
(1) If a licensed nursing home administrator is unfit or incompetent by reason of negligence, habits or other causes. Examples of instances of incompetence by reason of negligence, habits or other causes include, but are not limited to, the following:
(i) Failure to provide personnel sufficient in number and ability to assure safe patient care.
(ii) Failure to assure that nutrition, medications and treatments, including restraints, are in accordance with acceptable medical practice.
(iii) Proof that the licensee uses alcohol, drugs or both, in a manner that these habits interfere with the safe operation of the facility.
(2) If a licensed nursing home administrator has willfully or repeatedly violated the provisions of the act or the rules and regulations enacted by the Board, or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients of the home in which he is the administrator.
(3) If a licensed nursing home administrator is guilty of fraud or deceit in the practice of nursing home administration or in his admission to the practice.
(4) If a licensed nursing home administrator has been convicted, pleaded guilty or nolo contendre in a court of competent jurisdiction, either within or without this Commonwealth, of a felony.
(5) If a licensed nursing home administrator shall allow, aid, abet, sanction or condone a violation by another licensed nursing home administrator of the act or the rules and regulations issued thereunder.
(6) If a licensed nursing home administrator fails to comply with section 8 of the act (63 P. S. § 1108) and continues to act as a nursing home administrator.
(b) For the purposes of enforcing the provisions of this section, the Board shall accept, review and investigate complaints from the Department of Health, the Department of Public Welfare and the Department of Labor and Industry pertaining to the maintenance and operation of homes within the Commonwealth.
Source The provisions of this § 39.9 adopted January 28, 1972, effective January 29, 1972, 2 Pa.B. 2244.
Cross References This section cited in 49 Pa. Code § 39.91 (relating to standards of professional practice and professional conduct for nursing home administrators).
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