2005 Idaho Code - 54-4213 — DISCIPLINARY ACTION

                                  TITLE  54
                    PROFESSIONS, VOCATIONS, AND BUSINESSES
                                  CHAPTER 42
                  IDAHO RESIDENTIAL CARE ADMINISTRATORS ACT
    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.