(a)

1. (1) The Division of Provider Services and Quality Assurance may refuse to issue or renew an administrator's license or may take other disciplinary action against a nursing home administrator who fails to perform their duties adequately.

2. (2) Inadequate performance which may lead to the imposition of disciplinary actions include, but are not limited to, the following areas:

   1. (A) During the time that the administrator was employed by the facility, the facility was subjected to:

(i) Involuntary closure and transfer of residents;

1. (ii) Appointment of a temporary manager or receiver;

   1. (iii) A determination of immediate jeopardy to the health and safety of any resident;

      1. (iv) Civil money penalties based on annual or complaint surveys;
      2. (v) Termination from the Medicare or Medicaid programs;
      3. (vi) An extended or partial extended survey resulting in a determination of substandard quality of care; or
      4. (vii) Denial of payments for new admissions or denial of all payments;

   2. (B) Conviction or finding against the administrator of the misconduct listed below. For purposes of this subsection, a conviction or finding against the administrator concerning any facility or resident, past or current, can form the basis of disciplinary action:

      1. (i) Fraud in the operation of any facility;
      2. (ii) Misappropriation or embezzlement of funds from any facility or resident;
      3. (iii) Abuse or neglect of any resident;
      4. (iv) Purposeful failure to report abuse or neglect of any resident or misappropriation of any resident’s property;
      5. (v) Any criminal offense conviction related to the abuse of endangered adults or children;
      6. (vi) Failure to protect any resident’s rights; or
      7. (vii) Any criminal offense under Arkansas Code § 17-3-102 or any additional state law relating to the occupational licensure; and
   3. (C) Failure to meet licensure renewal requirements or to participate in required continuing education.

(b) Disciplinary action may include but is not limited to:

1. (1) Letter of concern or reprimand;
2. (2) Directed in-service training or plan of correction;
3. (3) Probation;
4. (4) Suspension of license; or
5. (5) Revocation of license.