16 Del. Admin. Code § 3220-5.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3220-5.0 - Discipline

5.1 Reasons for Disciplinary Action Include but are not limited to:

5.1.1 A conviction or substantiation of a crime or offense relating to the provision of care/services in a court of law.

5.1.2 Behavior that fails to conform to legal and accepted healthcare standards and thus may adversely affect the health and welfare of a resident/patient.

5.1.3 Performing acts beyond the authorized scope of the CNA.

5.1.4 Inaccurately and willfully recording, falsifying, or altering a resident/patient or agency/facility record related to care provision.

5.1.5 Abuse, neglect, mistreatment or financial exploitation of a resident/patient.

5.1.6 Leaving a resident/patient assignment except in documented emergency situations.

5.1.7 Failing to safeguard resident/patient dignity and right to privacy when providing services.

5.1.8 Violating the confidentiality of information concerning residents/patients.

5.1.9 Performing CNA duties when unfit to perform procedures and make decisions because of physical or mental impairment or dependence on alcohol or drugs.

5.1.10 Practicing as a CNA with an expired certification.

5.1.11 Allowing another person to use her/his CNA certification or impersonating another person holding a certificate,

5.1.12 Committing fraud, misrepresentation or deceit in taking the CNA test or in obtaining certification.

5.1.13 Failing to comply with the requirements for mandatory continuing education.

5.1.14 Failing to take appropriate action or follow policies and procedures designed to safeguard the resident/patient.

5.1.15 Having a certificate revoked or suspended in another state for reasons which would preclude certification in this state.

5.1.16 Failing to report abuse, neglect, mistreatment or financial exploitation of a resident/patient.

5.2 Types of Disciplinary Action

5.2.1 Refusal to issue a certification.

5.2.2 Revocation or suspension of a certification.

5.2.3 Issuance of a letter of reprimand.

5.2.4 Refusal to renew a certification.

5.2.5 Placement on the Adult Abuse Registry.

5.2.6 Flag on the CNA Registry.

5.3 Administrative Hearings

5.3.1 All hearings shall be conducted in accordance with the Administrative Procedures Act, 29 Del.C. Ch. 101.

5.3.2 A CNA for whom disciplinary action is recommended shall be notified by certified mail at his/her home address of the disciplinary action that shall be imposed.

5.3.3 A CNA for whom disciplinary action is recommended shall be offered a right to an administrative hearing.

5.3.4 All requests for an administrative hearing must be received in writing, postmarked within 20 calendar days of the date of the notice of disciplinary action.

5.3.5 Failure to request an administrative hearing within the appropriate timeframe will lead to imposition of the disciplinary action.

5.3.6 Procedural rights. The parties shall be given the opportunity to:

5.3.6.1 Examine, at a reasonable time before the date of the hearing and during the hearing, all documents and records to be used by either party at the hearing;

5.3.6.2 Bring witnesses;

5.3.6.3 Establish all pertinent facts and circumstances;

5.3.6.4 Present an argument without undue interference;

5.3.6.5 Question or refute any testimony or evidence, including the opportunity to confront and cross-examine adverse witnesses; and

5.3.6.6 Be represented by an attorney of the individual's choice.

5.3.7 Hearing decisions must be based exclusively on evidence introduced at the hearing.

5.3.8 The record must consist only of:

5.3.8.1 The transcript or recording of testimony and exhibits;

5.3.8.2 All papers and requests filed in the proceeding; and

5.3.8.3 The decision of the hearing officer.

5.3.9 The impartial decision must:

5.3.9.1 Summarize the facts;

5.3.9.2 Identify the regulations pertinent to the decision; and

5.3.9.3 Specify the reasons for the decisions.

5.3.10 The hearing officer shall:

5.3.10.1 Render a written decision within thirty business days of the hearing and notify the individual and the Department.

5.3.10.2 Notify the parties that this is the final decision of the Department with the right to an appeal pursuant to the Administrative Procedures Act, 29 Del.C. Ch. 101.

16 Del. Admin. Code § 3220-5.0

26 DE Reg. 107( 8/1/2022) (Final)