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.]