Rule 48.9.1 Denial or Revocation of License: Hearings and Review. The licensing agency,
after notice and opportunity for a hearing to the applicant or licensee, is
authorized to deny, suspend, or revoke a license, or deny renewal of a license, in
any case in which it finds that there has been a substantial failure to comply with
the requirements established under the law and these regulations. Also, the
following shall be grounds for denial or revocation of license:
1. Fraud on the part of the licensee in applying for a license, or renewal of license.
2. Willful or repeated violations by the licensee of any of the provisions of Sections
43-11-1 et seq, of the Mississippi Code of 1972, as amended, and/or of the rules,
regulations, and minimum standards established by the licensing agency.
3. Addiction to the narcotic drug(s) by the licensee or other employees or personnel of
the licensed facility.
4. Use of alcoholic beverages by the licensee or other personnel of the licensed
facility to the extent which threatens the well-being or safety of the residents.
5. Conviction of the licensee of a felony.
6. Publicly misrepresenting the licensed facility and/or its services.
7. Permitting, aiding, or abetting the commission of any unlawful act.
8. Conductor practices detrimental to the health or safety of residents and
employees of the said licensed facility. Detrimental practices include but are not
limited to:
a. Cruelty to a resident or indifference to the needs which are essential to the
general well-being and health.
b. Misappropriation of the money or property of a resident.
c. Failure to provide food adequate for the needs of a resident.
d. Inadequate staff to provide safe care and supervision of a resident.
e. Failure to call a physician or nurse practitioner/physician assistant when
required by a resident’s condition.
f. Failure to notify next of kin when a resident’s condition becomes critical.
g. Admission of a resident whose condition demands care beyond the level of care
provided by the licensed facility as determined by its classification.
9. A violation of the 24-hour supervision requirement and/or the transfer of a resident
from the licensed facility to any unlicensed facility may result in the facility’s
license being made provisional for a period of 90 days. At the end of that 90-day
period, if corrective actions have not been taken by the licensed facility, that
Provisional License may be revoked.
RULE 48.9.2 Immediate Revocation of License: Pursuant to Section 41-3-15, the State
Department of Health is authorized and empowered, to revoke, immediately, the
license and require the closure of any institution for the aged or infirm, including any
another remedy less than closure to protect the health and safety of the residents of
said institution or the health and safety of the general public