§ 2897-B — Penalties

New York § 2897-B

• Jurisdiction: New York
• Law PBH: Public Health
• Title 3: Violations; Penalties
• Art. 28-D: Practice of Nursing Home Administration

Text

§ 2897-b. Penalties. 1. It shall be a misdemeanor for a person to:\n (a) sell or fraudulently obtain or furnish a nursing home\nadministrator diploma, license, record, or certificate of registration,\nor aid or abet in the same;\n (b) practice nursing home administration under cover of a diploma,\nlicense or registration illegally or fraudulently obtained or signed or\nissued unlawfully, or under fraudulent representation or mistake of fact\nin material regard;\n (c) practice or hold himself out as entitled to practice nursing home\nadministration without a valid license or after he shall have been\nconvicted of a felony;\n (d) practice fraud, subterfuge or deceit, misrepresent or conceal a\nmaterial fact, use a false name or wilfully make a false statement in\nsubmitting an application for licensure or registration.\n (e) otherwise violate any of the provisions of this article.\n 2. Such misdemeanor shall be punishable by imprisonment for not more\nthan one year or by a fine of not more than five thousand dollars, or by\nboth such fine and imprisonment for each separate violation.\n 3. A violation of this article, when reported to the department and\nduly substantiated by affidavits or other satisfactory evidence, shall\nbe investigated and, if the report is found to be true and the complaint\nsubstantiated, the board shall report such violation to the attorney\ngeneral and request prompt prosecution.\n 4. In the prosecution of any criminal action for violation of this\narticle by the attorney general or his deputy, the attorney general or\nhis deputy may exercise all the powers and perform all the duties with\nrespect to such actions or proceedings which the district attorney would\notherwise be authorized or required to exercise or perform, and in such\naction or proceeding the district attorney shall only exercise such\npowers and perform such duties as are required of him by the attorney\ngeneral or the deputy attorney general so attending.\n