36-446. Definitions


In this article, unless the context otherwise requires:


1. "Administrator" or "nursing care institution administrator" means a person who
is charged with the general administration of a nursing care institution, whether or not
that person has an ownership interest in the institution and whether or not the person's
functions and duties are shared with others.


2. "Assisted living facility" has the same meaning prescribed in section 36-401.


3. "Assisted living facility manager" means a person who has responsibility for the
administration or management of an assisted living facility, whether or not that person
has an ownership interest in the institution and whether or not the person's functions
and duties are shared with others.


4. "Board" means the board of examiners of nursing care institution administrators
and assisted living facility managers.


5. "Department" means the department of health services.


6. "Directed care services" has the same meaning prescribed in section 36-401.


7. "Director" means the director of the department of health services.


8. "Nursing care institution" means an institution or other place, however named,
whether for profit or not, including facilities operated by the state or a subdivision of
the state, which is advertised, offered, maintained or operated for the express or
implied purpose of providing care to persons who need nursing services on a continuing
basis but who do not require hospital care or care under the daily direction of a
physician. Nursing care institution does not include an institution for the care and
treatment of the sick that is operated only for those who rely solely on treatment by
prayer or spiritual means in accordance with the tenets of a recognized religious
denomination. Nursing care institution also does not include nursing care services that
are an integral part of a hospital licensed pursuant to this chapter.


9. "Unprofessional conduct" includes:


(a) Dishonesty, fraud, incompetency or gross negligence in the performance of
administrative duties.


(b) Gross immorality or proselytizing religious views on patients without their
consent.


(c) Other abuses of official responsibilities, which may include intimidation or
neglect of patients.