54-4213. DISCIPLINARY ACTION. (1) The board may revoke or suspend, or refuse to renew, or refuse to issue, any license or permit issued under the provisions of this chapter, or may reprimand, censure or otherwise discipline the holder of a license or permit in accordance with the provisions of this section upon decision and after due hearing in any of the following cases:
(a) Upon proof that such licensee is reasonably unfit to operate a residential care facility;
(b) Upon proof of the willful or repeated violation of any of the provisions of this chapter or the rules enacted in accordance with, or of willful or repeated actions in a manner inconsistent with the health and safety of patients;
(c) Upon proof that such licensee has committed fraud or deceit in the practice of residential care facility administration or related activities or in the licensee’s admission to such practice;
(d) Upon proof that such licensee has permitted the unauthorized disclosure of information relating to a resident in the residential care facility under the administration of the licensee;
(e) Conviction of, pleading guilty or nolo contendere to, or receiving a withheld judgment of, a felony or any crime involving dishonesty or the health or safety of a person;
(f) Upon proof that the administrator had a license to practice a health care profession or occupation in another state or jurisdiction and such license was suspended or revoked or the administrator has otherwise been disciplined.
(2) The board, or a hearing officer designated by it, shall have jurisdiction to hear all charges brought under the provisions of this section against residential care facility administrators, or provisional residential care facility administrators, and upon such hearings shall determine such charges upon their merits.
(3) Proceedings under this section shall be initiated by filing with the board, charges in writing and under oath. The board on its own motion may conduct an investigation and initiate charges. The procedures for notification and the hearing on such charges, unless dismissed by the board as unfounded or trivial, shall be conducted pursuant to the provisions of chapter 52, title 67, Idaho Code.
History:
[54-4213, added 1990, ch. 304, sec. 1, p. 840; am. 1993, ch. 216, sec. 92, p. 663; am. 2000, ch. 274, sec. 145, p. 877; am. 2003, ch. 201, sec. 16, p. 539; am. 2006, ch. 125, sec. 3, p. 361.]
Structure Idaho Code
Title 54 - PROFESSIONS, VOCATIONS, AND BUSINESSES
Chapter 42 - IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT
Section 54-4201 - SHORT TITLE.
Section 54-4202 - DEFINITIONS.
Section 54-4204 - BOARD OF EXAMINERS OF RESIDENTIAL CARE FACILITY ADMINISTRATORS.
Section 54-4205 - FUNCTIONS AND DUTIES OF THE BOARD — FEE FOR LICENSE APPLICANTS — RULES.
Section 54-4206 - QUALIFICATIONS FOR EXAMINATION FOR LICENSE.
Section 54-4207 - SUBJECT MATTER OF EXAMINATION — FREQUENCY.
Section 54-4209 - LICENSURE — RENEWAL AND REINSTATEMENT OF LICENSES.
Section 54-4210 - ENDORSEMENT OF LICENSES.
Section 54-4211 - PROVISIONAL PERMITS.
Section 54-4212 - MISDEMEANORS LISTED — PENALTIES.
Section 54-4213 - DISCIPLINARY ACTION.
Section 54-4214 - REISSUANCE OF REVOKED LICENSE OR PERMIT.
Section 54-4215 - JUDICIAL REVIEW OF BOARD ACTION.
Section 54-4216 - DISPOSITION OF RECEIPTS — EXPENSE — REFUND.