Current through Register Vol. XLI, No. 50, December 13, 2024
Section 69-6-7 - Notice of Determination7.1. If the Nurse Aide Program determines that there is insufficient evidence to substantiate the allegation, the Nurse Aide Program shall notify the nurse aide by regular mail.7.2. If the Nurse Aide Program makes a finding of abuse, neglect, misappropriation of property, or a combination thereof, the Nurse Aide- Program shall notify the nurse aide by certified mail of the determination. The determination notice shall include: 7.2.a. The nature of the offense;7.2.b. The date of the occurrence;7.2.c. The right to request a hearing and the procedure for a request;7.2.d. The right to be represented by an attorney at his or her expense;7.2.e. The intent to place the individual's name on the Nurse Aide Abuse and Neglect Registry in 30 days if the individual fails to request a hearing or fails to agree to alternative sanctions, if applicable;7.2.f. The consequences if the Nurse Aide Program places the individual's name on the Nurse Aide Abuse and Neglect Registry; and7.2.g. The Nurse Aide's right to petition the Nurse Aide Program in writing for removal of his or her name from the Nurse Aide Abuse and Neglect Registry after one year for placement due to neglect.7.3. The nurse aide has 30 days from the date of receipt of the notice to request a hearing, or agree to alternative sanctions, if applicable.7.4. If the Nurse Aide fails to request a hearing, or if applicable, agrees to alternative sanctions within 30 days: 7.4.a. The Nurse Aide Program shall place the individual's name on the Nurse Aide Abuse and Neglect Registry; and7.4.b. The Nurse Aide Program shall notify the nurse aide of placement of his or her name on the Nurse Aide Abuse and Neglect Registry.7.5. Upon notification that an individual's name has been included on the Nurse Aide .Abuse and Neglect Registry of another state, the Nurse Aide Program shall place the individual's name on the West Virginia Nurse Aide Abuse and Neglect Registry and notify the individual according to the provisions of this section.7.6. When the Nurse Aide Program places an individual's name on the Nurse Aide Abuse and Neglect Registry, it shall notify the Nurse Aide Abuse and Neglect Registries of other states listed on the individual's application as places of employment or residency, as well as the registries of states adjacent to West Virginia of the placement.7.7. The Nurse Aide Program shall notify, in writing, the administrator at the individual's last known place of employment of the individual's placement on the Nurse Aide Abuse and Neglect Registry.