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§ 1112. Disciplinary proceedings

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 63 P.S. Professions and Occupations (State Licensed)

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 63 P.S. Professions and Occupations (State Licensed) (Refs & Annos)
Chapter 25. Nursing Home Administrators License Act (Refs & Annos)
63 P.S. § 1112
§ 1112. Disciplinary proceedings
Currentness
(a) The license and/or registration of any person practicing or offering to practice nursing home administration may be revoked or suspended, or such licensee may be reprimanded, censured or otherwise disciplined in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:
(1) Upon proof that such licensee is unfit or incompetent by reason of negligence, habits or other causes.
(2) Upon proof that such licensee has wilfully or repeatedly violated any of the provisions of this act or the rules enacted in accordance therewith, or willfully or repeatedly acted in a manner inconsistent with the health and safety of the patients of the home in which he is the administrator.
(3) Upon proof that such licensee is guilty of fraud or deceit in the practice of nursing home administration or in his admission to such practice.
(4) Upon proof that such licensee has been convicted of a felony in the courts of this Commonwealth, the United States, or any other state, territory or country, or has received probation without verdict, disposition in lieu of trial, or an Accelerated Rehabilitative Disposition in the disposition of felony charges.
(5) Upon proof that such licensee has engaged in unprofessional conduct. Unprofessional conduct shall include departure from or failure to conform to an ethical or quality standard of the profession.
(6) Having a license to practice nursing home administration revoked or suspended or having other disciplinary action imposed or consenting to the imposition of such other disciplinary action by the proper licensing authority of another state, territory or country or having his application for license refused, revoked or suspended by the proper licensing authority of another state, territory or country.
(b) The 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 or licensed as provisional 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 or otherwise discipline such licensee.
(c) Proceedings under this section shall be begun by filing with the board charges in writing and under oath. The charges may be preferred by any person or by the board. Thereupon the chairman of the board shall designate three or more members thereof as a hearing committee to hear the charges and to report to the board thereon.
(d) At the hearing the licensee shall have the right to appear either personally or by counsel, or both, to produce witnesses and evidence on his own behalf, to cross-examine witnesses and to have subpoenas issued in his 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.
(e) Members of the hearing committee shall exercise any of the powers set forth in subsection (b) of section 41 as may be necessary for the proper conduct of the hearing.
(f) Appeals shall be in accordance with the act of June 4, 1945 (P.L. 1388),2 known as the “Administrative Agency Law.”

Credits

1970, June 22, P.L. 378, No. 122, § 12. Amended 1985, Dec. 20, P.L.375, No. 106, § 11, effective Jan. 1, 1986; 1987, July 9, P.L. 218, No. 38, § 2, imd. effective.

Footnotes

1
63 P.S. § 1104.
2
71 P.S. § 1710 et seq. (repealed); see now, 2 Pa.C.S.A. § 101 et seq.
63 P.S. § 1112, PA ST 63 P.S. § 1112
Current through Act 10 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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