Section 33-43-01-22 - Disciplinary actions1. The department may deny, suspend, revoke, or encumber the registration status of, or issue a letter of concern against, an individual listed on the department's nurse aide registry who: a. Has obtained or attempted to obtain registration as a nurse aide by fraud, deceit, or intentional misrepresentation; b. Has been convicted of a crime substantially related to the qualifications, functions, or duties of a nurse aide; c. Has impersonated a licensed nurse or other licensed health care provider; d. Has intentionally or negligently engaged in conduct that has resulted in a significant risk to the health or safety of a client or in injury to a client; e. Is incapable of working with reasonable skill, competence, and safety for the public; or f. Has misappropriated the property of, abused, or neglected a client. 2. An individual denied registration or an individual on the department's registry will be notified of the individual's right to request a hearing regarding the department's decision to deny registration, revoke, suspend, or encumber the individual's registry status within thirty days of the notification. 3. If the employer continues to use the individual during the investigation process, the employer must take reasonable steps to prevent further harm to residents or clients. 4. If an individual listed on the department's nurse aide registry is determined to have practiced with an expired registration, the following actions will be taken: a. If an individual on the department's nurse aide registry is identified as performing nursing-related services for pay with an expired registration status of thirty days or less, the department will notify the individual and the individual's employer, if known, that the individual must immediately cease to work until the renewal application process is completed and the individual's registry status becomes current. b. If an individual on the department's nurse aide registry is identified as performing nursing-related services for pay with an expired registration of more than thirty days to six months, the department will notify the state survey agency, the employer, and the individual that the individual must immediately cease to work until the renewal application process is completed and the individual's registry status become current. c. If an individual on the department's nurse aide registry is identified as performing nursing-related services for pay with an expired registration of more than six months, the department will notify the state survey agency, the employer, and the individual that the individual must immediately cease to work. The individual's registry status will no longer be recognized by the department. To obtain current registry status again, the individual must follow the process for initial application for registry status. N.D. Admin Code 33-43-01-22
General Authority: NDCC 23-44-02
Law Implemented: NDCC 23-44-02