Current through Bulletin 2024-06, March 15, 2024
CNA misconduct that adversely affects the health, safety or
welfare of the public may result in loss of nurse aide certification.
(1) CNA misconduct related to client safety
and integrity includes:
(a) leaving a nursing
assistant assignment without properly notifying appropriate supervisory
personnel;
(b) failing to report
information regarding incompetent, unethical or illegal practice of any health
care provider to proper authorities;
(c) failing to respect client rights and
dignity regardless of social or economic status, personal attributes, or nature
of health problems or disability; or
(d) failing to report actual or suspected
incidents of client abuse.
(2) Engaging in sexual misconduct related to
the client or to the workplace includes:
(a)
engaging in sexual relations if the patient is receiving care from an
institution or entity that employs the CNA;
(b) engaging in sexual relations with a
client for a period when a generally recognized caregiver and patient
relationship exists; or
(c)
engaging in sexual relations for an extended period when a patient has
reasonable cause to believe a professional relationship exists between the
patient or anyone certified under the provisions of this rule (Rule
R432-45).
(3) CNA
misconduct related to administrative rules and state and federal law includes:
(a) knowingly aiding, abetting or assisting
an individual to violate or circumvent any rule or regulation intended to guide
the conduct of health care providers;
(b) violating the privacy rights and
confidentiality of a client, unless disclosure of client information is
required by law;
(c) discriminating
against a client on the basis of age, race, religion, sex, sexual preference,
national origin, or disability;
(d)
abusing a client by intentionally causing physical harm or discomfort, or by
striking a client, intimidating a client, threatening a client, or harassing a
client;
(e) neglecting a client by
allowing a client to be injured or remain in physical pain and
discomfort;
(f) engaging in other
unacceptable behavior or verbal abuse towards or in the presence of a client by
using derogatory names or gestures or profane language;
(g) using the client relationship to exploit
the client by gaining property or other items of value from the client either
for personal gain or sale, beyond the compensation for services;
(h) possessing, obtaining, attempting to
obtain, furnishing or administering prescription or controlled drugs to any
person, including oneself, except as directed by a health care professional
authorized by law to prescribe drugs; or
(i) removing or attempting to remove drugs,
supplies, property, or money from the workplace without
authorization.
(4) CNA
misconduct related to communication includes:
(a) inaccurate recordkeeping in client or
agency records;
(b) incomplete
recordkeeping regarding client care that includes failure to document care
given or other information important to the client's care or documentation
which is inconsistent with the care given;
(c) falsifying a client or agency record that
includes filling in someone else's omissions, signing someone else's name,
recording care not given, or fabricating data and values;
(d) altering a client or agency record that
includes changing words, letters and numbers from the original document to
mislead the reader of the record, and adding to the record after the original
time and date without indicating a late entry;
(e) destroying a client or agency
record;
(f) failing to maintain
client records in a timely manner which accurately reflect management of client
care, including failure to make a late entry within a reasonable time period;
or
(g) failing to communicate
information regarding the client's status to the supervising nurse or other
appropriate person in a timely manner.
(5) CNA misconduct related to the client's
family includes:
(a) failing to respect the
rights of the client's family regardless of social or economic status, race,
religion, or national origin;
(b)
using the CNA-client relationship to exploit the family for the CNA's personal
gain or for any other reason;
(c)
stealing money, property, services, or supplies from the family; or
(d) soliciting or borrowing money, materials
or property from the family.
(6) CNA misconduct related to co-workers that
includes violent, abusive, threatening, harassing, or intimidating behavior
towards a co-worker, which either occurs in the presence of clients or
otherwise relates to the delivery of safe care to clients.
(7) CNA misconduct related to achieving and
maintaining clinical competency includes:
(a)
failing to competently perform the duties of a nursing assistant;
(b) performing acts beyond the authorized
duties for which the individual is certified; or
(c) assuming duties and responsibilities of a
nursing assistant without nursing assistant training or when competency has not
been established or maintained.
(8) CNA misconduct related to impaired
function includes:
(a) using drugs, alcohol
or mind-altering substances to an extent or in a manner dangerous or injurious
to the nursing assistant or others, or to an extent that such use impairs the
ability to safely conduct the duties of a nursing assistant; or
(b) having a physical or mental condition
that makes the nursing assistant unable to safely perform the duties of a
nursing assistant.
(9)
CNA misconduct related to certificate violations includes:
(a) providing, selling, applying for, or
attempting to procure a certificate by willful fraud or
misrepresentation;
(b) functioning
as a medication assistant without current certification as a medication
assistant;
(c) altering a
certificate of completion of training or nursing assistant
certification;
(d) disclosing
contents of the competency examination or soliciting, accepting or compiling
information regarding the contents of the examination before, during or after
its administration;
(e) allowing
another person to use one's nursing assistant certificate for any
purpose;
(f) using another's
nursing assistant certificate for any purpose; or
(g) representing oneself as a CNA without
current, valid CNA certification.