Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry
Section 155.015 - Alternative Sanctions for Patient or Resident Abuse, Neglect, Mistreatment or Misappropriation of Patient or Resident Property by Nurse Aides, Home Health Aides, and Homemakers
Universal Citation: 105 MA Code of Regs 105.155
Current through Register 1531, September 27, 2024
(A) Upon making a finding that a nurse aide, home health aide or homemaker abused, neglected, or mistreated a patient or resident, or misappropriated patient or resident property, the Department may, where appropriate, impose the following sanctions in lieu of an adjudicated finding pursuant to a hearing:
(1)
Suspension. The Department may suspend the right of
such individual to work as a nurse aide, home health aide or homemaker for such
period of time as the Department shall determine. The terms of the suspension
shall be contained in the Registry unless otherwise removed pursuant to
105
CMR 155.014(G).
(2)
Probation. The
Department may impose a period of probation on the accused nurse aide, home
health aide or homemaker during which time such individual shall undergo
additional training or counseling or such other measures as determined by the
Department to be necessary to avoid further incidents by the accused. If,
during the probationary period, such individual is working in a facility, or
employed by a home health agency, homemaker agency or hospice program, such
facility or agency shall make reports to the Department as to the progress of
the individual in fulfilling the requirements for the probation period. The
terms of the probation shall be contained in the Registry unless otherwise
removed pursuant to
105
CMR 155.014(G).
(3)
Warning Letter.
The Department may issue a warning letter to the accused nurse aide, home
health aide or homemaker. The warning letter shall indicate that no other
penalty will be imposed at the time, but should a subsequent allegation of
patient or resident abuse, neglect, mistreatment or misappropriation of patient
or resident property be made against such individual, the initial incident will
be raised at any hearing of the subsequent incident. No record of the issuance
of a warning letter shall be contained in the Registry unless there is a
subsequent allegation of patient or Resident abuse, neglect, mistreatment or
misappropriation of patient or resident property involving such
individual.
(B) By agreeing to the sanctions described in 105 CMR 155.015(A), an accused nurse aide, home health aide or homemaker waives the right to a hearing. If the Department determines that such individual has violated the terms of the suspension or probation, the Department shall report such finding to the Registry as if it had been adjudicated.
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