Section 33-07-06-10 - Complaint appeals process for nurse aides on the state registry1. Nurse aides against whom allegations of abuse, neglect, or theft of resident funds or property are made shall be: a. Informed by the department of the allegations; b. Informed of the investigation results; and c. Provided the opportunity to request a hearing to rebut the charges. 2. If a hearing is requested, the department will apply to the office of administrative hearings for appointment of an administrative law judge. The office of administrative hearings will notify the accused of the date set for the hearing. If no hearing is requested, the department will submit information specific to validated allegations to the registry. 3. The administrative law judge will conduct the hearing and prepare recommended findings of fact and conclusions of law, as well as a recommended order. If, through the department's investigation process, there is evidence abuse, neglect, or misappropriation of resident property has occurred, the department shall notify law enforcement officials as determined appropriate. 4. Allegations validated by the department or through the hearing process of abuse, neglect, or misappropriation of resident property by a nurse aide, shall: a. Be identified in the nurse aide registry within ten days of the finding; and b. Remain on the registry permanently, unless the finding was made in error, the individual was found not guilty in a court of law, or the department is notified of the nurse aide's death. After a period of one year, an individual with a finding of neglect placed on the individual's registry listing may petition the state to have the finding removed from the individual's registry listing consistent with the process identified in section 33-07-06-11, if determined eligible by the department. 5. The department shall provide the nurse aide, against whom an allegation has been validated, with a copy of all information which will be maintained in the registry within thirty days following the addition of the information to the registry. 6. Within thirty days of mailing the notification of a finding adverse to a nurse aide, the nurse aide may contact the department and correct any misstatements or inaccuracies in the information being maintained by the registry on that individual. 7. Any medicare or medicaid participating nursing facility, home health agency, hospital, ombudsman, other representative of an official agency, or other individual with a need to know may receive information contained in the registry by making a written request. N.D. Admin Code 33-07-06-10
Effective October 1, 1993; amended effective October 1, 1998.General Authority: NDCC 28-32-02(1)
Law Implemented: NDCC 23-01-03