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This entry was published on 2014-09-22
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SECTION 2897
Suspension, revocation and civil penalties
Public Health (PBH) CHAPTER 45, ARTICLE 28-D, TITLE 3
§ 2897. Suspension, revocation and civil penalties. 1. The license or
registration of a nursing home administrator may be suspended for a
fixed period, revoked or annulled, or such administrator censured,
reprimanded, subjected to a civil penalty and otherwise disciplined, in
accordance with the provisions and procedures defined in this article,
upon decision after due hearing that:

(a) he is guilty of fraud or deceit in his practice or has been guilty
of fraud or deceit in procuring his license or registration;

(b) he has been convicted in a court of competent jurisdiction, either
within or without the state, of a crime involving moral turpitude;

(c) he is or has been an alcohol abuser or is or has been addicted to
the use of morphine, cocaine or other drugs having similar effect, or
has become mentally ill;

(d) he has aided and abetted in the practice of nursing home
administration a person who is not a registered nursing home
administrator;

(e) he has falsely impersonated a duly registered nursing home
administrator or former duly registered nursing home administrator, or
is practicing nursing home administration under an assumed name;

(f) he has been guilty of unethical conduct as defined by rules
adopted by the board and certified by the commissioner;

(g) he has not obtained a certificate of registration as required by
section two thousand eight hundred ninety-six-g.

2. (a) A conviction of a felony shall forfeit a license to practice
nursing home administration and shall be noted on the record of such
license, and the license and registration thereunder shall be cancelled;
provided, that if such conviction be subsequently set aside or reversed
upon appeal and the accused acquitted or discharged, his license shall
be restored.

(b) A conviction of a felony shall include the conviction of a felony
by any court in this state or by any court of the United States or by
any court of any other state of the United States; provided, however,
that if a crime of which the practitioner of nursing home administration
is convicted by any court of the United States or any other state is a
felony in the jurisdiction in which the conviction is had but is not a
felony in the state of New York, then the conviction shall not be deemed
a conviction of a felony for the purpose of this article. In the event
that a crime of which the licensee is convicted by any court of the
United States or by any court of any other state is not a felony in the
jurisdiction in which the conviction is had but is a felony in the state
of New York, then the conviction shall be deemed a conviction of a
felony for the purposes of this article.

(c) If a person convicted of a felony or crime deemed hereby to be a
felony is subsequently pardoned by the governor of the state where such
conviction was had, or by the president of the United States, or shall
receive a certificate of relief from disabilities or a certificate of
good conduct pursuant to article twenty-three of the correction law for
the purpose of removing the disability under this section because of
such conviction, the board may, in its discretion, on application of
such person, and on the submission to it of satisfactory evidence,
restore to such person the right to practice nursing home administration
in this state.

3. The license or registration of a nursing home administrator may be
suspended for a fixed period or revoked or such administrator may be
censured, reprimanded, subjected to a civil penalty and otherwise
disciplined in accordance with the provisions and procedures defined in
this article, upon decision after due hearing that, as the administrator
of a nursing home he has intentionally participated in any act, practice
or policy of such nursing home that endangered the health or safety of
its patients. No administrator shall be deemed to have intentionally
participated in any act, practice or policy of a nursing home if he has
filed written objection to such act, practice or policy with the
operator of such nursing home, specifying the manner in which such act,
practice or policy endangers the health or safety of the patients of
such nursing home.