10.33.01.15

.15 Suspension and Revocation of Licenses.

A. Pursuant to Health Occupations Article, §9-314(b)(3), Annotated Code of Maryland, the Board may deny a license or limited license to any applicant, suspend or revoke a license of a nursing home administrator, or reprimand or otherwise discipline an applicant or a licensee after due notice and an opportunity to be heard at a formal hearing, upon evidence that the applicant or licensee:

(1) Has violated any of the provisions of the law pertaining to the licensing of nursing home administrators or the regulations of the Board pertaining to it;

(2) Has violated any of the provisions of the law or regulations of the licensing or supervising authority or agency of the State or political subdivision of it having jurisdiction of the operation and licensing of nursing facilities;

(3) Is incompetent to engage in the practice of nursing home administration or to act as a nursing home administrator;

(4) Has practiced fraud, deceit, or misrepresentation in the licensee's capacity as a nursing home administrator;

(5) Has wrongfully transferred or surrendered possession, either temporarily or permanently, his license certificate, license card, or license renewal card to any other person;

(6) 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 nursing facility patronage;

(7) Has used fraudulent, misleading, or deceptive advertising;

(8) Has falsely impersonated another licensee;

(9) Has endangered or sanctioned the endangerment of the safety, health, and life of any patient;

(10) Has failed to oversee and facilitate the nursing facility’s quality improvement processes to the extent that the safety, health, or life of any patient has been endangered;

(11) Has willfully permitted unauthorized disclosure of information relating to a patient or patient's records;

(12) Has discriminated in respect to patients, employees, or staff on account of race, religion, color, national origin, sexual orientation, or disability;

(13) Has violated the terms of the AIT contract;

(14) Has engaged in sexual behavior that would be considered unethical or unprofessional according to the professional standards of conduct, including but not limited to:

(a) Sexual behavior with a client, patient, or resident in the context of a professional evaluation, treatment, procedure, or service to the client, patient, or resident, regardless of the setting in which the professional service is rendered,

(b) Sexual behavior with a client, patient, or resident under the pretext of diagnostic or therapeutic intent or benefit,

(c) Solicitation of a sexual relationship, whether consensual or nonconsensual, with a client, patient, or resident,

(d) Sexual advances requesting sexual favors,

(e) Therapeutically inappropriate or intentional touching of a sexual nature,

(f) A verbal comment of a sexual nature,

(g) Physical contact of a sexual nature with a client, patient, or resident,

(h) Discussion of unnecessary sexual matters with a client, patient, or resident,

(i) Direct or indirect observation of a client, patient, or resident while the client, patient, or resident is undressing or dressing,

(j) The taking of photographs of a client, patient, or resident for a sexual purpose,

(k) Sexual harassment of staff, students, or volunteers,

(l) An unnecessary sensual act or comment,

(m) Sexual contact with an incompetent or unconscious client, patient, or resident;

(n) Offering to provide services, such as drugs, in exchange for sexual favors;

(15) Has practiced as a nursing home administrator without holding a license to practice nursing home administration in the State;

(16) Has falsified continuing education records; or

(17) Has failed to cooperate with investigations, proceedings, and other requirements of the Board.

B. Pursuant to Health Occupations Article §§9-302(d) and 9-205, Annotated Code of Maryland, the Board may, after due notice and an opportunity to be heard, reprimand, suspend, or revoke an AIT's participation in a Board approved program, upon substantial evidence that the AIT has committed any of the actions listed in §A of this regulation.

C. A licensee shall notify the Board in writing within 30 days if any license, certificate, permit, or registration granted by another state for the practice of a nursing home administrator has been limited, restricted, suspended, revoked, or subjected to other disciplinary action by the licensing or certifying authority.