Section R4-33-406. Inactive Status

A.      The Board shall place a manager’s certificate on inactive sta- tus if the manager:

1.        Is in good standing in Arizona,

2.        Submits a written request to the Board to be placed on inactive status, and

3.        Submits evidence that complies with R4-33-501(D) showing that the manager completed one hour of continu- ing education for each month in the current biennial period before the request to be placed on inactive status.

B.       Within seven days after receiving a request to be placed on inactive status, the Board shall provide the manager written confirmation of inactive status.

C.      A manager whose certificate is on inactive status is not required to comply with R4-33-501.

D.      An inactive certificate expires under R4-33-405 unless the manager timely submits a renewal application and the fee required under R4-33-104(B)(7).

E.       To resume active certificate status, a manager shall:

1.        Submit evidence that complies with R4-33-501(D) show- ing that the manager completed 12 hours of continuing

residents unless the resulting economic benefit is directly passed to the residents;

4.        Directly or indirectly permit an owner, officer, or employee of an assisted living facility to solicit, offer, or receive any premium, rebate, or other valuable consider- ation for referring a resident to another person or place unless the resulting economic benefit is directly passed to the resident;

5.        Willfully permit the unauthorized disclosure of informa- tion relating to a resident or a resident’s records;

6.        Discriminate against a resident or employee on the basis of race, sex, age, religion, disability, or national origin;

7.        Misrepresent the manager’s qualifications, education, or experience;

8.        Aid or abet another person to misrepresent that person’s qualifications, education, or experience;

9.        Defend, support, or ignore unethical conduct of an employee, owner, or other manager;

10.     Engage in any conduct or practice contrary to recognized community standards or ethics of an assisted living facil- ity manager;

11.     Engage in any conduct or practice that is or might consti- tute incompetence, gross negligence, repeated negli- gence, or negligence that might constitute a danger to the health, welfare, or safety of a resident or the public;

12.     Procure or attempt to procure by fraud or misrepresenta- tion a certificate or renewal of a certificate as an assisted living facility manager;

13.     Violate a formal order, condition of probation, or stipula- tion issued by the Board;

14.     Commit an act of sexual abuse, misconduct, harassment, or exploitation;

15.     Retaliate against any person who reports in good faith to the Board alleged incompetence or illegal or unethical conduct of any manager;

16.     Allow the manager’s certificate to be displayed as required  under  R4-33-108(B)  unless   the  manager   has

education  within  the  six  months  before  requesting  to resume active certificate status,

17.

been appointed as specified in R4-33-410; or

Manage an assisted living facility in violation 411.

of R4-33-

2.        Submit a written request to the Board to resume active

certificate status, and

3.        Submit the fee required under R4-33-104(B)(4).

F.       The Board shall grant a request to resume active certificate sta- tus if the requirements of subsection (E) are met. Within seven days after receiving the written request to resume active certif- icate status, the Board shall send written notice to the manager granting or denying active status.

Historical Note

New Section R4-33-406 renumbered from R4-33-306 by final rulemaking at 5 A.A.R. 423, effective January 15, 1999 (Supp. 99-1). Former R4-33-406 renumbered to R4- 33-405; new R4-33-406 made by final rulemaking at 12

A.A.R. 4075, effective December 4, 2006 (Supp. 06-4).