N.Y. Public Health Law § 2897: Suspension, revocation and civil penalties

§ 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.