Ariz. Admin. Code § 4-33-407

Current through Register Vol. 30, No. 45, November 8, 2024

Section R4-33-407 - Standards of Conduct; Disciplinary Action

A. A manager shall know and comply with all federal and state laws applicable to the operation of an assisted living facility.

B. A manager shall not:

1. Engage in unprofessional conduct as defined at A.R.S. § 36-446;

2. Be addicted to or dependent on the use of narcotics or other drugs, including alcohol;

3. Directly or indirectly permit an owner, officer, or employee of an assisted living facility to solicit, offer, or receive any premium, rebate, or other valuable consideration in connection with furnishing goods or services to residents unless the resulting economic benefit is directly passed to the residents;

4. Directly or indirectly permit an owner, officer, or employee of an assisted living facility to solicit, offer, or receive any premium, rebate, or other valuable consideration for referring a resident to another person or place unless the resulting economic benefit is directly passed to the resident;

5. Willfully permit the unauthorized disclosure of information relating to a resident or a resident's records;

6. Discriminate against a resident or employee on the basis of race, sex, age, religion, disability, or national origin;

7. Misrepresent the manager's qualifications, education, or experience;

8. Aid or abet another person to misrepresent that person's qualifications, education, or experience;

9. Defend, support, or ignore unethical conduct of an employee, owner, or other manager;

10. Engage in any conduct or practice contrary to recognized community standards or ethics of an assisted living facility manager;

11. Engage in any conduct or practice that is or might constitute incompetence, gross negligence, repeated negligence, or negligence that might constitute a danger to the health, welfare, or safety of a resident or the public;

12. Procure or attempt to procure by fraud or misrepresentation a certificate or renewal of a certificate as an assisted living facility manager;

13. Violate a formal order, condition of probation, or stipulation issued by the Board;

14. Commit an act of sexual abuse, misconduct, harassment, or exploitation;

15. Retaliate against any person who reports in good faith to the Board alleged incompetence or illegal or unethical conduct of any manager;

16. Allow the manager's certificate to be displayed as required under R4-33-108(B) unless the manager has been appointed as specified in R4-33-410; or

17. Manage an assisted living facility in violation of R4-33-411.

C. The Board shall consider a final judgment or conviction for a felony, an offense involving moral turpitude, or direct or indirect elder abuse as grounds for disciplinary action under A.R.S. § 36-446.07, including denial of a certificate or certificate renewal.

D. A manager who violates any provision of A.R.S. Title 36, Chapter 4, Article 6 or this Chapter is subject to discipline under A.R.S. § 36-446.07.

Ariz. Admin. Code § R4-33-407

Section R4-33-407 renumbered from R4-33-307 by final rulemaking at 5 A.A.R. 423, effective January 15, 1999 (Supp. 99-1). Amended by final rulemaking at 12 A.A.R. 4075, effective December 4, 2006 (Supp. 06-4).

Amended by final rulemaking at 21 A.A.R. 543, effective 6/6/2015.