NDAC 33-03-10.1-06 — Enforcement

What this rule requires your agency to do

• 1Agencies are subject to enforcement action (including suspension, revocation, or denial of a license) for noncompliance that presents imminent danger, has a direct/immediate relationship to health, safety, or security, has potential to jeopardize patient health or safety if uncorrected, or is a recurrence of the same violation within a twenty-four-month period (subsection 1, subdiv a).(NDAC 33-03-10.1-06 — Enforcement)
• 2Failure to correct any deficiency pursuant to a plan of correction or directed plan of correction (absent a written department-approved extension or modification) is grounds for enforcement action (subsection 1, subdiv b).(NDAC 33-03-10.1-06 — Enforcement)
• 3Gross incompetence, negligence, or misconduct in operating the agency, and fraud/deceit/misrepresentation/bribery in obtaining a license, are grounds for enforcement action (subsection 1, subdivs c-d).(NDAC 33-03-10.1-06 — Enforcement)
• 4Conditions or practices the department determines present imminent danger to patients must be abated or eliminated immediately or within a fixed period specified by the department (subsection 2).(NDAC 33-03-10.1-06 — Enforcement)
• 5Lending, borrowing, or using another agency's license, and knowingly aiding or abetting the improper granting of a license, are grounds for enforcement action (subsection 1, subdivs e-f).(NDAC 33-03-10.1-06 — Enforcement)