NAC654.210. Grounds for disciplinary action, denial of license or refusal to renew license.

In addition to the reasons set forth in NRS 654.190, the Board may bring disciplinary action against a licensee or deny the issuance of or refuse to renew a license as a nursing facility administrator or an administrator of a residential facility for groups if the Board finds that the applicant or licensee:

     1. Is guilty of fraud or deceit in procuring or attempting to procure a license pursuant to this chapter.

     2. Is guilty of unprofessional conduct, including, without limitation:

     (a) Providing services to a patient or resident which the applicant or licensee is not capable of providing with reasonable skill and safety because of his or her use of alcohol or drugs, or because of lack of adequate training, skill or knowledge;

     (b) Gross or repeated negligence in providing services;

     (c) Willful noncompliance with any order of the Board or any other enforcement authority;

     (d) Conviction for violation of any federal or state law or regulation governing the prescription, possession, distribution or use of a controlled substance or any dangerous drug as defined in chapter 454 of NRS, within the past 7 years;

     (e) Failure to notify the Board of the loss of a license issued by the Bureau of Health Care Quality and Compliance of the Division of Public and Behavioral Health of the Department of Health and Human Services;

     (f) Failure to notify the Board of a change in circumstances as required pursuant to NAC 654.181;

     (g) Paying or giving, or causing to be paid or given, a fee, commission or other valuable consideration, inducement or incentive for the solicitation or procurement of a patient or resident;

     (h) Paying or giving, or causing to be paid or given, a fee, commission or other valuable consideration, inducement or incentive for referring a patient or resident to a facility;

     (i) Providing or giving, or causing to be paid or given, any financial incentive, including, without limitation, a discount on rent or other fees, to a patient, resident, or family member of or responsible party for a patient or resident, to fund a payment to a person or entity for referring the patient or resident to a facility;

     (j) Engaging in fraudulent, misleading or deceptive advertising;

     (k) Receiving a conviction in any jurisdiction for a felony or for any offense involving moral turpitude, including, without limitation:

          (1) Murder, voluntary manslaughter or mayhem;

          (2) Assault with intent to kill or to commit sexual assault or mayhem;

          (3) Sexual assault, statutory sexual seduction, incest, lewdness, indecent exposure or any other sexually related crime;

          (4) Soliciting or engaging in prostitution;

          (5) Except as otherwise provided in paragraph (l), domestic violence;

          (6) Abuse or neglect of a child or contributory delinquency;

          (7) A violation of any provision of NRS 200.50955 or 200.5099;

          (8) Any offense involving fraud, theft, embezzlement, burglary, robbery, fraudulent conversion or misappropriation of property, within the immediately preceding 7 years; and

          (9) Any other felony involving the use of a firearm or other deadly weapon, within the immediately preceding 7 years;

     (l) Receiving a conviction in any jurisdiction for a misdemeanor for domestic violence within the immediately preceding 7 years;

     (m) Receiving a conviction in any jurisdiction for:

          (1) Any offense which is substantially related to the practice of an administrator; or

          (2) Any offense for driving under the influence of intoxicating liquor or a controlled substance;

     (n) Failing to protect the privacy of a resident or patient;

     (o) Violating the confidentiality of a resident or patient;

     (p) Failing to maintain records as required by law;

     (q) Falsifying or altering the records of a resident or patient;

     (r) Failing to protect a resident or patient from the incompetent, abusive or illegal practice of any person;

     (s) Engaging in sexual contact with a resident or patient;

     (t) Engaging in conduct which endangers the safety of the general public, patients, residents, clients or employees by making actual or implied threats of violence or carrying out such threats;

     (u) Abusing, exploiting, isolating or neglecting a resident or patient as defined in NRS 200.5092; or

     (v) Willfully or repeatedly violating the provisions of this chapter.

     3. Has a record of any disciplinary, civil or criminal action taken against the applicant or licensee that has been reported to or is required pursuant to the law of any jurisdiction to be reported to the Healthcare Integrity and Protection Data Bank maintained by the Health Resources and Services Administration of the United States Department of Health and Human Services which the Board determines is contrary to the qualifications of an applicant or licensee.

     [Bd. of Exam’rs for Nursing Fac. Admin., License Rule No. 16, eff. 12-28-69; A and renumbered as No. 15, 8-16-75]—(NAC A 2-1-85; A by Bd. of Exam’rs for Admin’rs of Facilities for Long-Term Care, 11-29-95; R187-97, 3-12-98; R171-01, 6-28-2002; R131-04, 9-24-2004; A by Bd. of Exam’rs for Long-Term Care Admin’rs by R174-12, 2-20-2013)