N.Y. Comp. Codes R. & Regs. tit. 10 § 415.31

Current through Register Vol. 46, No. 45, November 2, 2024

Section 415.31 - New york state rhcf nurse aide registry

(a) Content. The New York State RHCF Nurse Aide Registry shall include but not be limited to the following information concerning each certified nurse aide as applicable/appropriate:

(1) full name of nurse aide, including maiden name and/or other surnames used;

(2) address of nurse aide when certified/recertified;

(3) date of birth;

(4) social security number;

(5) name and date of State-approved training and competency program(s) successfully completed;

(6) certification number of nurse aide with a descriptive modifier indicating how the nurse aide obtained certification;

(7) most recent recertification date of nurse aide;

(8) final findings of instances of resident abuse, mistreatment or neglect against a nurse aide with date of hearing or finding;

(9) the nursing home employer at the time of certification/recertification and date of employment by that employer;

(10) a record of criminal conviction for resident abuse, mistreatment, neglect or misappropriation of resident property against a nurse aide and the date of conviction; and

(11) a statement by the nurse aide disputing the findings or conviction that may not exceed 150 words, nor contain information which identifies other persons.

(b) Fees. The New York State RHCF Nurse Aide Registry shall be supported and maintained by charging fees in accordance with Public Health Law, section 2803-j.

(c) Access. The New York State RHCF Aide Registry shall be accessible by telephone, during the hours established by the Department, or in writing.

(d) Obtaining information by telephone. The New York State RHCF Nurse Aide Registry shall provide the following information upon request to residential health care facilities, nurse aide agencies/employment organizations and nurse aide registries maintained by other states in response to a telephone inquiry:

(1) telephone verification that the individual is a certified nurse aide;

(2) an indication of findings of resident abuse, mistreatment or neglect or criminal convictions of resident abuse, mistreatment, neglect or misappropriation of resident property by a nurse aide; and

(3) follow-up documentation as described in subdivision (e) of this section.

(e) Obtaining written information. New York State RHCF Nurse Aide Registry shall provide the following information upon the receipt of a written request, in accordance with the provisions of the Freedom of Information Law:

(1) verification that the individual is a certified nurse aide, the certification number and date of certification/recertification;

(2) copies of final findings of resident abuse, mistreatment or neglect by a nurse aide and a statement from the nurse aide disputing the findings, if any; and

(3) a report of a criminal conviction for resident abuse, mistreatment, neglect or misappropriation of resident property and the date of the conviction.

N.Y. Comp. Codes R. & Regs. Tit. 10 § 415.31