201 KAR 6:080. Code of ethics.

      RELATES TO: KRS 216A.070(1)(a), (c), (d)

      STATUTORY AUTHORITY: KRS 216A.070(3)

      NECESSITY, FUNCTION, AND CONFORMITY: KRS 216A.070(1)(a) requires the board to develop, impose, and enforce standards which shall be met by an individual licensed as a nursing home administrator. KRS 216A.070(1)(c) requires the board to discipline an individual who fails to meet those standards after licensure. KRS 216A.070(1)(d) requires the board to establish and carry out procedures to insure compliance with the established standards. This administrative regulation establishes a code of ethics as a portion of the standards which shall be met in compliance with KRS 216A.070(1)(a),(c), and (d).

      Section 1. Definitions. (1) "Nursing facility" means an institution licensed pursuant to 902 KAR 20:300 and 902 KAR 20:008.

      (2) "Nursing home administrator" means an individual responsible for the operation of a nursing home, as defined under KRS 216A.010(2).

      (3) "Resident" means an individual who resides as a patient in a nursing facility, pursuant to 900 KAR 2:060(1), (4).

      Section 2. Responsibility to Residents. (1) A nursing home administrator shall:

      (a) Advance and protect the welfare of the resident;

      (b) Respect the rights of a person seeking service;

      (c) Operate the facility consistent with laws and administrative regulations applicable to nursing facilities under KRS Chapter 216; and

      (d) Have the duty to report to the proper authorities knowledge of resident abuse, pursuant to KRS Chapter 209.

      (2) A nursing home administrator shall not:

      (a) Provide services other than those for which he is prepared and qualified to perform;

      (b) Discriminate against or refuse professional service to anyone on the basis of race;

      (c) Misrepresent qualifications, education, experience or affiliations;

      (d) Exploit the trust and dependency of a resident;

      (e) Participate in activities that reasonably may be considered to create a conflict of interest, or have the potential to have a substantial adverse impact on the facility, its residents or its staff;

      (f) Engage in a sexual relationship or sexual contact, as defined under KRS 510.010(7), with a resident; or

      (g) Engage in sexual or other harassment or exploitation of a resident, student, trainee, supervisee, employee, colleague, research subject, or actual or potential witness or complainant in an investigation or disciplinary proceeding.

      Section 3. Confidentiality. A nursing home administrator shall not divulge confidential information, except:

      (1) As mandated, or permitted, by law;

      (2) To prevent a clear and immediate danger to a person;

      (3) In the course of a civil, criminal, or disciplinary action if:

      (a) The nursing home administrator is a defendant in that action; and

      (b) The action arose from a service provided by the nursing home administrator; or

      (4) To comply with the terms of a consent agreement if written informed consent has been obtained.

      Section 4. Professional Competence and Integrity. A nursing home administrator shall maintain standards of professional competence and integrity and shall be subject to disciplinary action for:

      (1)(a) Conviction of a felony, or a misdemeanor related to the practice as a nursing home administrator.

      (b) Conviction shall include conviction based on:

      1. A plea of no contest or an "Alford Plea"; or

      2. The suspension or deferral of a sentence.

      (2) Having been subject to disciplinary action by another state’s regulatory agency that the board determines violates applicable Kentucky state law or administrative regulation;

      (3) Impairment due to mental incapacity or the abuse of alcohol or another substance which negatively impacts the practice of nursing home administration;

      (4) Misrepresentation or concealment of a material fact in obtaining or seeking reinstatement of license;

      (5) Refusing to comply with an order issued by the board;

      (6) Failing to cooperate with the board by not:

      (a) Furnishing in writing a complete explanation to a complaint filed with the board;

      (b) Furnishing documentation requested by the board regarding a complaint;

      (c) Appearing before the board at the time and place designated; or

      (d) Properly responding to a subpoena issued by the board; or

      (7) Violating a state statute or administrative regulation governing the practice of nursing home administration. (25 Ky.R. 685; Am. 1587; eff. 1-19-99.)