Section 151-A:11 Disciplinary Proceedings.
I. The license or registration or both of any person practicing or offering to practice nursing home administration may be revoked or suspended, or such licensee may be reprimanded, censured, or fined or may have conditions placed on the license or may otherwise be disciplined in accordance with the provisions of this section upon decision and after due hearing as provided by RSA 541-A in any of the following cases:
(a) Upon proof that such licensee is unfit or incompetent by reason of negligence, habits or other causes;
(b) Upon proof that such licensee has willfully or repeatedly violated any of the provisions of this chapter or the rules adopted under this chapter; or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients of the home in which the licensee is the administrator;
(c) Upon proof that such licensee is guilty of fraud or deceit in the practice of nursing home administration or in his or her admission to such practice;
(d) Upon proof that such licensee has been convicted in a court of competent jurisdiction, either within or without this state, of a felony. Due consideration shall be given to the nature of the offense in determining whether the license shall be revoked or suspended.
II. The members of the board or a hearing committee of 3 or more members of the board shall have jurisdiction to hear all charges brought under the provisions of this section against persons licensed and registered as nursing home administrators and upon such hearings shall determine such charges upon their merits. If the board determines that such person is guilty of the charges, the board may revoke his or her license or registration, suspend him or her from practice, or reprimand, censure, fine, place conditions on his or her license, or otherwise discipline such licensee.
III. Proceedings under this section shall be begun by filing with the board charges in writing and under oath. Such charges shall be filed by any person, corporation, association or by the board. Every individual, agency, facility, institution, or organization which employs nursing home administrators within the state shall report any action which violates this chapter to the board within 30 days of such action. The chairperson of the board may designate 3 or more members of the board as a hearing committee to conduct a hearing on the charges and to report to the board on the charges.
IV. At such hearing the licensee shall have the right to appear either personally or by counsel or both, to produce witnesses and evidence on the licensee's own behalf, to cross-examine witnesses and to have subpoenas issued in the licensee's behalf by the hearing committee. The hearing committee shall make a written report to the board of the findings and recommendations which shall be considered by the board in arriving at its determination.
V. The board or the hearing committee shall exercise any of the powers set forth in RSA 151-A:4, II as may be necessary for the proper conduct of the hearing.
Source. 1969, 459:1. 1977, 477:9, 10. 1989, 337:9, 10. 1998, 137:9-11, eff. Aug. 7, 1998.