DADS may impose sanctions listed in §18.57 of this subchapter (relating to Schedule of Sanctions) against a licensee for the following violations:

1. (1) the licensee willfully or repeatedly violated a provision of Texas Health and Safety Code, Chapter 242, or a rule in this chapter;
2. (2) the licensee willfully or repeatedly acted in a manner inconsistent with the health and safety of the residents of a nursing facility of which the licensee is an administrator;
3. (3) the licensee obtained or attempted to obtain a license through misrepresentation or deceit or by making a material misstatement of fact on a license application;
4. (4) the licensee's use of alcohol or drugs creates a hazard to the residents of a facility;
5. (5) a judgment of a court of competent jurisdiction finds that the licensee is mentally incapacitated;
6. (6) the licensee has been convicted in a court of competent jurisdiction of a misdemeanor or felony involving moral turpitude;
7. (7) the licensee has been convicted in a court of competent jurisdiction of an offense listed in §18.41(c) of this chapter (relating to Licensure of Persons with Criminal Backgrounds), including an offense listed in Texas Health and Safety Code, §250.006; or
8. (8) the licensee has been negligent or incompetent in the licensee's duties as a nursing facility administrator.

Source Note:The provisions of this §555.54 adopted to be effective June 1, 2004, 29 TexReg 4233; amended to be effective June 1, 2009, 34 TexReg 2795; amended to be effective February 15, 2017, 42 TexReg 569; transferred effective May 1, 2019, as published in the Texas Register April 12, 2019, 44 TexReg 1880.