24.162.2301    UNPROFESSIONAL CONDUCT

(1) The board may suspend, revoke or take any other action in relation to the disciplining of the individual as the board in its discretion considers proper after an appropriate hearing or personal waiver of hearing rights.

(2) The following acts may subject the licensee to disciplinary action:

(a) willful and/or repeated violation of any board statutes or rule or the statutes or rules of any federal, state, county or city agency having licensing and regulation of nursing homes or administrators;

(b) conviction of a felony related to the practice of the profession by a court of competent jurisdiction, unless exempt by 37-1-203 , MCA;

(c) use of fraud, deceit or misrepresentation in the securing of a nursing home administrators license;

(d) being mentally and/or physically incompetent to engage in or act in the professional status as a nursing home administrator;

(e) use of alcoholic beverages or addictive drugs to the extent that it impairs the ability to practice the profession safely;

(f) diversion or appropriation of drugs or medications prescribed for residents in the nursing home;

(g) failure to take appropriate action on an employee who diverts drugs or medications prescribed for residents;

(h) acceptance of valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home usage;

(i) use of fraudulent, misleading or deceptive advertising;

(j) knowingly allowing an individual to falsely impersonate another licensee;

(k) knowingly failing to exercise true regard for the safety, health and welfare of the resident;

(l) willfully permitting unauthorized disclosure of information relative to the residents' records;

(m) disclosure or use of confidential information in the course of duties as a nursing home administrator which would further his/her own economic interests;

(n) continuous failure, or allowing the continuous failure, of employees to comply with standards for the operation of the nursing home for which the administrator is responsible;

(o) willful failure to correct deficiencies or failure to maintain corrective measures in the nursing home as cited by any agency of government which has nursing home administration responsibility.

(p) failing to maintain or provide accounting of or for residents' property or assets during their stay in the nursing home.  However, the administrator shall be responsible only for that property with which he has been specifically entrusted by the resident, or that property over which the administrator has reasonable means of exercising security;

(q) allowing harassment or abuse of residents by employees;

(r) failing to cooperate with an authorized investigation of a complaint; and

(s) violating orders of the board. 

History: 37-1-131, 37-9-201, 37-9-203, 37-9-311, MCA; IMP, 37-9-203, 37-9-311, MCA; NEW, 1979 MAR p. 849, Eff. 8/17/79; TRANS, from Dept. of Prof. & Occup. Lic. , Ch. 274, L. 1981, Eff. 7/1/81; AMD, 1991 MAR p. 2446, Eff. 12/13/91; TRANS, from Commerce, 2005 MAR p. 375.