§ 1416.32. — 1416.32. (Added by Stats. 2001, Ch. 687, Sec. 5.)

California § 1416.32.

• Jurisdiction: California
• Code HSC: Health and Safety Code - HSC
• Div. 2.: DIVISION 2. LICENSING PROVISIONS
• Ch. 2.35.: CHAPTER 2.35. Nursing Home Administrator Program
• Art. 3.: ARTICLE 3. Licensing

Text

(a)
Prior to admission to the licensing examination, the applicant shall read and sign an examination security agreement and comply with its terms.
(b)
The program may deny, suspend, revoke, or otherwise restrict the license of an applicant or a licensee for any of the following acts:
(1)
Having or attempting to have an impersonator take the examination on one’s behalf.
(2)
Impersonating or attempting to impersonate another to take the examination on that person’s behalf.
(3)
Communicating or attempting to communicate about the examination content with another examinee or with any person other than the examination staff. This includes divulging the content of specific written examination items to examination preparation providers.
(4)
Copying questions or making notes of examination materials or revealing the content of the examination to others who are preparing to take the NHAP examination or who are preparing others to take such examination.
(5)
Obstructing or attempting to obstruct the administration of the examination in any way.
(c)
It is a
misdemeanor for any person to engage in any conduct that subverts or attempts to subvert any licensing examination or the administration of an examination, including, but not limited to, the following conduct:
(1)
Conduct that violates the security of the examination materials, removing from the examination room any examination materials without authorization, the unauthorized reproduction by any means of any portion of the actual licensing examination, aiding by any means the unauthorized reproduction of any portion of the actual licensing examination, paying or using professional or paid examination-takers for the purpose of reconstructing any portion of the licensing examination, obtaining examination questions or other examination material, except by specific authorization either before, during, or after an examination, using or purporting to use any examination questions or materials that were improperly removed or taken from any
examination for the purpose of instructing or preparing any applicant for examination, or selling, distributing, buying, receiving, or having unauthorized possession of any portion of a future, current, or previously administered licensing examination.
(2)
Communicating with any other candidate during the administration of a licensing examination, copying answers from another examinee or permitting one’s answers to be copied by another examinee, having in one’s possession during the administration of the licensing examination any books, equipment, notes, written or printed materials, or data of any kind, other than the examination materials distributed, or otherwise authorized to be in one’s possession during the examination, or impersonating any examinee or having an impersonator take the licensing examination on one’s behalf.
(d)
Nothing in this section shall preclude
prosecution under the authority provided for in any other provision of law.
(e)
In addition to any other penalties, a person found guilty of violating this section, shall be liable for the actual damages sustained by the agency administering the examination not to exceed ten thousand dollars ($10,000) and the costs of litigation.
(f)
The proceedings under this section shall be governed by Chapter 3 (commencing with Section 525) of Title 7 of Part 2 of the Code of Civil Procedure.
(g)
The remedy provided for by this section shall be in addition to, and not a limitation on, the authority provided for in any other provision of law.

Legislative History

Added by Stats. 2001, Ch. 687, Sec. 5. Effective January 1, 2002.