The Board may suspend, revoke, or refuse to issue a license or may reprimand or otherwise discipline a licensee after due notice and an opportunity to be heard at a formal hearing, upon substantial evidence that a licensee:

(1)        Has violated the provisions of this Article or the rules adopted by the Board;

(2)        Has violated the provisions of Part 2 of Article 6 of Chapter 131E of the N.C. Gen. Stat. and rules promulgated thereunder;

(3)        Has been convicted of, or has tendered and has had accepted a plea of no contest to, a criminal offense showing professional unfitness;

(4)        Has practiced fraud, deceit, or misrepresentation in securing or procuring a nursing home administrator license;

(5)        Is incompetent to engage in the practice of nursing home administration or to act as a nursing home administrator;

(6)        Has practiced fraud, deceit, or misrepresentation in his or her capacity as a nursing home administrator;

(7)        Has committed acts of misconduct in the operation of a nursing home under his jurisdiction;

(8)        Repealed by Session Laws 2013-346, s. 5, effective July 23, 2013.

(9)        Is addicted or dependent upon the use of alcohol or any controlled substance, including morphine, opium, cocaine, or other drugs recognized as resulting in abnormal behavior;

(10)      Has practiced without being registered biennially;

(11)      Has transferred or surrendered possession of, either temporarily or permanently, his or her license or certificate to any other person;

(12)      Has paid, given, has caused to be paid or given or offered to pay or to give to any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home patronage;

(13)      Has been guilty of fraudulent, misleading, or deceptive advertising;

(14)      Has falsely impersonated another licensee;

(15)      Has failed to exercise regard for the safety, health or life of the patient;

(16)      Has permitted unauthorized disclosure of information relating to a patient or his or her records; or

(17)      Has discriminated among patients, employees, or staff on account of race, gender, religion, color, national origin, mental or physical disability, or any other class protected by State or federal law. ?(1981, c. 722, s. 12; 2001-153, s. 3; 2008-187, s. 41; 2013-346, s. 5.)

Terms Used In North Carolina General Statutes 90-285.1

  • Dependent: A person dependent for support upon another.
  • 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.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3