§ 2897 — Suspension, revocation and civil penalties

§ 2897. Suspension, revocation and civil penalties. 1. The license or\nregistration of a nursing home administrator may be suspended for a\nfixed period, revoked or annulled, or such administrator censured,\nreprimanded, subjected to a civil penalty and otherwise disciplined, in\naccordance with the provisions and procedures defined in this article,\nupon decision after due hearing that:\n (a) he is guilty of fraud or deceit in his practice or has been guilty\nof fraud or deceit in procuring his license or registration;\n (b) he has been convicted in a court of competent jurisdiction, either\nwithin or without the state, of a crime involving moral turpitude;\n (c) he is or has been an alcohol abuser or is or has been addicted to\nthe use of morphine, cocaine or other drugs having similar effect, or\nhas become mentally ill;\n (d) he has aided and abetted in the practice of nursing home\nadministration a person who is not a registered nursing home\nadministrator;\n (e) he has falsely impersonated a duly registered nursing home\nadministrator or former duly registered nursing home administrator, or\nis practicing nursing home administration under an assumed name;\n (f) he has been guilty of unethical conduct as defined by rules\nadopted by the board and certified by the commissioner;\n (g) he has not obtained a certificate of registration as required by\nsection two thousand eight hundred ninety-six-g.\n 2. (a) A conviction of a felony shall forfeit a license to practice\nnursing home administration and shall be noted on the record of such\nlicense, and the license and registration thereunder shall be cancelled;\nprovided, that if such conviction be subsequently set aside or reversed\nupon appeal and the accused acquitted or discharged, his license shall\nbe restored.\n (b) A conviction of a felony shall include the conviction of a felony\nby any court in this state or by any court of the United States or by\nany court of any other state of the United States; provided, however,\nthat if a crime of which the practitioner of nursing home administration\nis convicted by any court of the United States or any other state is a\nfelony in the jurisdiction in which the conviction is had but is not a\nfelony in the state of New York, then the conviction shall not be deemed\na conviction of a felony for the purpose of this article. In the event\nthat a crime of which the licensee is convicted by any court of the\nUnited States or by any court of any other state is not a felony in the\njurisdiction in which the conviction is had but is a felony in the state\nof New York, then the conviction shall be deemed a conviction of a\nfelony for the purposes of this article.\n (c) If a person convicted of a felony or crime deemed hereby to be a\nfelony is subsequently pardoned by the governor of the state where such\nconviction was had, or by the president of the United States, or shall\nreceive a certificate of relief from disabilities or a certificate of\ngood conduct pursuant to article twenty-three of the correction law for\nthe purpose of removing the disability under this section because of\nsuch conviction, the board may, in its discretion, on application of\nsuch person, and on the submission to it of satisfactory evidence,\nrestore to such person the right to practice nursing home administration\nin this state.\n 3. The license or registration of a nursing home administrator may be\nsuspended for a fixed period or revoked or such administrator may be\ncensured, reprimanded, subjected to a civil penalty and otherwise\ndisciplined in accordance with the provisions and procedures defined in\nthis article, upon decision after due hearing that, as the administrator\nof a nursing home he has intentionally participated in any act, practice\nor policy of such nursing home that endangered the health or safety of\nits patients. No administrator shall be deemed to have intentionally\nparticipated in any act, practice or policy of a nursing home if he has\nfiled written objection to such act, practice or policy with the\noperator of such nursing home, specifying the manner in which such act,\npractice or policy endangers the health or safety of the patients of\nsuch nursing home.\n