Rule 30-2703-3.1 - General, Criminal Offenses, and InvestigationsA. General This rule specifies a procedure for the investigation and resolution of complaints and administrative actions concerning nursing home administrators, administrators-in-training (A.I.T.), and permit holders.
B. Criminal Offenses It shall be an offense punishable as a misdemeanor for an individual to:
(1) perform the duties of a nursing home administrator after July 1, 1970, without a valid license issued hereunder;(2) provide any false information, either written or oral, incident to either an application for a license hereunder or the renewal of a license hereunder, or a hearing held under the provisions of the Mississippi Nursing Home Administrators Law of 1970, as amended;(3) employ knowingly an unlicensed individual to perform the duties of a nursing home administrator.C. Investigations The Board is authorized to investigate or cause to be investigated either on the basis of complaints filed with it, or on its own initiative, instances of suspected violations of any of the provisions of the law pertaining to the licensing of nursing home administrators or the Rules and Regulations of the Board pertaining thereto, including, but not limited to:
(1) providing false information to the Board incident to either an application for license, an application for a new certificate of registration, a hearing or otherwise;(2) maladministration, which includes by way of illustration, but is not limited to: (a) practicing fraud, deceit, or misrepresentation in the capacity of a nursing home administrator; (b) willful falsification, destruction or theft of property or records relative to the practice of nursing home administration; (c) committing acts of misconduct in the operation of a nursing home; (d) advertising in a fraudulent, misleading, or deceptive manner; (e) failure to exercise true regard for the safety, health and life of patients; (f) unauthorized disclosure of information relating to a patient or his records; and (g) paying, giving, causing to be paid or given, or offering to pay, or giving to any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home patronage, or accepting such payment;(3) unethical conduct, which includes by way of illustration, but is not limited to: wrongfully transferring or surrendering possession, either temporarily or permanently, of a license or certificate of registration as a nursing home administrator to any other person;(4) incompetence, which includes by way of illustration, but is not limited to: habitual drunkenness, addiction to the use of narcotic drugs, unsound mental health, and being physically unable to perform any and all duties of the administrator to ensure the health and safety of all residents;(5) conviction of a felony; and(6) unprofessional conduct, which includes but is not limited to, doing any act which reflects unfavorably upon a licensee under the law or these Rules and Regulations.30 Miss. Code. R. 2703-3.1
Miss. Code Ann. Sections 73-17-7(2), 73-17-9(d) and (e) and 73-17-13 (Rev. 2008); and Miss. Code Ann. Section 73-17-15 (Supp. 2011).