Mississippi Administrative Code
Title 30 - Professions and Occupations
Part 2860 - Certified Clinical Hemodialysis Technicians
Chapter 3 - Disciplinary Action
Rule 30-2860-3.1 - Grounds for Disciplinary Action

Universal Citation: MS Code of Rules 30-2860-3.1

Current through September 24, 2024

The Board retains the power to conduct disciplinary hearings of CCHTs and/or applicants for certification concerning the restriction, denial, suspension, revocation and/or discipline of a CCHT in accordance with the provisions of this act as follows:

A. The CCHT is incapable of functioning as a CCHT which is defined to include, but not limited to:

1) Inability to function with reasonable skill and safety as a CCHT for any reason including, but not limited to, the use of drugs, alcohol, controlled substances or any mind or mood altering substance which could impair judgment.

2) Is addicted to or dependent on alcohol or other habit-forming drugs or is a habitual user of narcotics, barbiturates, amphetamines, hallucinogens, or other drugs having similar effect, or has misappropriated any medication.

3) Working under the influence of alcohol or other mood altering substances.

4) Has a physical, mental or emotional condition that renders the CCHT unable to perform CCHT services or duties with reasonable skill and safety.

5) Performance of unsafe or unacceptable care of clients receiving dialysis treatments or failure to conform to the essential and prevailing standards of CCHTs.

6) Omitting in a negligent fashion to record information regarding procedures performed and care provided which could be relevant to the client's care.

7) Failure to report information regarding the client's treatment and/or health status to appropriate person which could be relevant to the client's care and status.

8) Negligently or willfully providing care in a manner that fails to meet generally accepted standards of care;

9) Engages in conduct likely to deceive, defraud or harm the public.

10) Negligently or willfully failing to maintain confidentiality of client information.

11) Violates any provisions of Part 2860.

12) Engages in any conduct, whether of the same or of a different character from that specified in Part 2860 that would constitute a crime as defined in Title 97 of the Mississippi Code of 1972, as now or hereinafter amended.

B. The CCHT is incapable of functioning as responsible member of the health care team which is defined to include, but not limited to:

1) Falsifying, altering or in a repeatedly negligent manner making incorrect entries or failing to make essential entries on records.

2) Misappropriation of money, drugs, or property.

3) Obtaining or attempting to obtain any fee for client services for one's self or for another through fraud, misrepresentation or deceit.

4) Obtaining, possessing, administering or furnishing prescription drugs to any person, including, but not limited to ones' self, except as directed by a person authorized by law to prescribe.

5) Obtaining or attempting to obtain a certificate to function as a CCHT for one's self or for another through fraud, deceit, misrepresentation or any other act of dishonesty in any phase of the certification.

6) Functioning as a CCHT in Mississippi without a valid, current Mississippi certificate, or aiding, abetting or assisting another to function as a CCHT without a valid, current Mississippi certificate.

7) Failure to report a CCHT who is suspected of violating the provisions of 73-15-1 et seq. and/or rules for CCHTs.

8) Exceeding the authorized function of a CCHT.

9) Abusing, neglecting or exploiting a client.

10) Engaging in sexual contact toward or with a client.

11) Felony conviction or conviction of a crime involving moral turpitude or has had accepted by a court a plea of nolo contendere to a felony or crime involving moral turpitude (a certified copy of the judgment of the court of competent jurisdiction of such conviction or plea shall be prima facie evidence of such conviction).

12) Negligently or willfully acting in a manner inconsistent with the health or safety of the public.

13) Has negligently or willfully failed to respect the rights and dignity of a client.

14) Has had a certification or equivalent thereto suspended or revoked in any jurisdiction, has voluntarily surrendered such certification in any jurisdiction, has been placed on probation as a CCHT or has been placed under a disciplinary order(s) in any manner as a CCHT in any jurisdiction, (a certified copy of the order of suspension, revocation, probation or disciplinary action shall be prima facie evidence of such action).

15) Has negligently or willfully violated any order, rule or regulation of the board pertaining to working as a CCHT or certification.

Miss. Code Ann. § 73-15-17 and § 73-15-101 (1972, as amended).

Disclaimer: These regulations may not be the most recent version. Mississippi may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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