Delaware Code Title 24 Sec. 5216 – Grounds for discipline
(a) A practitioner licensed under this chapter shall be subject to disciplinary actions set forth in § 5218 of this title, if, after a hearing, the Board finds that the nursing home administrator:
(1) Has employed or knowingly cooperated in fraud or material deception in order to acquire a license as a nursing home administrator; has impersonated another person holding a license, or allowed another person to use that practitioner’s own license, or aided or abetted a person not licensed as a nursing home administrator to represent himself or herself as a nursing home administrator;
(2) Has illegally, incompetently or negligently practiced nursing home administration;
(3) Has been convicted of any offense, which is substantially related to the practice of nursing home administration. A copy of the record of conviction certified by the clerk of the court entering the conviction shall be conclusive evidence therefore;
(4) Has excessively used or abused drugs either in the past 2 years or currently;
(5) Has engaged in an act of abuse, neglect, mistreatment or financial exploitation of a nursing home resident or patient;
(6) Has violated a lawful provision of this chapter, or any lawful regulation established thereunder;
(7) Has had that practitioner’s own license as a nursing home administrator suspended or revoked, or other disciplinary action taken by the appropriate licensing authority in another jurisdiction; provided, however, that the underlying grounds for such action in another jurisdiction have been presented to the Board by certified record; and the Board has determined that the facts found by the appropriate authority in the other jurisdiction constitute 1 or more of the acts defined in this chapter. Every person licensed as a nursing home administrator in this State shall be deemed to have given consent to the release of this information by the Board of Examiners of Nursing Home Administrators or other comparable agencies in another jurisdiction and to waive all objections to the admissibility of previously adjudicated evidence of such acts or offenses;
(8) Has failed to notify the Board that the practitioner’s own license as a nursing home administrator in another state has been subject to discipline, or has been surrendered, suspended or revoked. A certified copy of the record of disciplinary action, surrender, suspension or revocation shall be conclusive evidence thereof; or
(9) Has a physical condition such that the performance of nursing home administration is or may be injurious or prejudicial to the public.
Terms Used In Delaware Code Title 24 Sec. 5216
- Board: shall mean the State Board of Examiners of Nursing Home Administrators established in this chapter. See Delaware Code Title 24 Sec. 5202
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Fraud: Intentional deception resulting in injury to another.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Nursing home: shall mean any licensed residential health facility for aged, infirm, chronically ill or convalescent persons, excluding neighborhood homes and group homes licensed by the Division of Health Care Quality, that provides shelter and food to more than 4 persons who:
- Nursing home administrator: shall mean the individual licensed under this chapter to practice nursing home administration. See Delaware Code Title 24 Sec. 5202
- Person: shall mean an individual, firm, partnership, corporation, association, joint stock company, limited partnership, limited liability company, and any other legal entity and includes a legal successor of those entities. See Delaware Code Title 24 Sec. 5202
- Practice of nursing home administration: shall mean the performance of any act or the making of any decision involved in the planning, organizing, directing, or controlling of the operations of a nursing home, whether or not such acts are performed, or decisions made, by 1 or more persons. See Delaware Code Title 24 Sec. 5202
- State: shall mean the State of Delaware. See Delaware Code Title 24 Sec. 5202
(b) Subject to the provisions of subchapter IV of Chapter 101 of Title 29, no license shall be restricted, suspended or revoked by the Board, and no practitioner’s right to practice nursing home administration shall be limited by the Board until such practitioner has been given notice, and an opportunity to be heard, in accordance with the Administrative Procedures Act [Chapter 101 of Title 29].
64 Del. Laws, c. 159, § ?2; 70 Del. Laws, c. 186, § ?1; 76 Del. Laws, c. 89, § ?1;