R432-45-6. Certified Nurse Aide Misconduct

  CNA misconduct that adversely affects the health, safety or welfare of the public may result in loss of nurse aide certification.

  (1) CNA misconduct related to client safety and integrity includes:

  (a) leaving a nursing assistant assignment without properly notifying appropriate supervisory personnel;

  (b) failing to report information regarding incompetent, unethical or illegal practice of any health care provider to proper authorities;

  (c) failing to respect client rights and dignity regardless of social or economic status, personal attributes, or nature of health problems or disability; or

  (d) failing to report actual or suspected incidents of client abuse.

  (2) Engaging in sexual misconduct related to the client or to the workplace includes:

  (a) engaging in sexual relations if the patient is receiving care from an institution or entity that employs the CNA;

  (b) engaging in sexual relations with a client for a period when a generally recognized caregiver and patient relationship exists; or

  (c) engaging in sexual relations for an extended period when a patient has reasonable cause to believe a professional relationship exists between the patient or anyone certified under the provisions of this rule (Rule R432-45).

  (3) CNA misconduct related to administrative rules and state and federal law includes:

  (a) knowingly aiding, abetting or assisting an individual to violate or circumvent any rule or regulation intended to guide the conduct of health care providers;

  (b) violating the privacy rights and confidentiality of a client, unless disclosure of client information is required by law;

  (c) discriminating against a client on the basis of age, race, religion, sex, sexual preference, national origin, or disability;

  (d) abusing a client by intentionally causing physical harm or discomfort, or by striking a client, intimidating a client, threatening a client, or harassing a client;

  (e) neglecting a client by allowing a client to be injured or remain in physical pain and discomfort;

  (f) engaging in other unacceptable behavior or verbal abuse towards or in the presence of a client by using derogatory names or gestures or profane language;

  (g) using the client relationship to exploit the client by gaining property or other items of value from the client either for personal gain or sale, beyond the compensation for services;

  (h) possessing, obtaining, attempting to obtain, furnishing or administering prescription or controlled drugs to any person, including oneself, except as directed by a health care professional authorized by law to prescribe drugs; or

  (i) removing or attempting to remove drugs, supplies, property, or money from the workplace without authorization.

  (4) CNA misconduct related to communication includes:

  (a) inaccurate recordkeeping in client or agency records;

  (b) incomplete recordkeeping regarding client care that includes failure to document care given or other information important to the client's care or documentation which is inconsistent with the care given;

  (c) falsifying a client or agency record that includes filling in someone else's omissions, signing someone else's name, recording care not given, or fabricating data and values;

  (d) altering a client or agency record that includes changing words, letters and numbers from the original document to mislead the reader of the record, and adding to the record after the original time and date without indicating a late entry;

  (e) destroying a client or agency record;

  (f) failing to maintain client records in a timely manner which accurately reflect management of client care, including failure to make a late entry within a reasonable time period; or

  (g) failing to communicate information regarding the client's status to the supervising nurse or other appropriate person in a timely manner.

  (5) CNA misconduct related to the client's family includes:

  (a) failing to respect the rights of the client's family regardless of social or economic status, race, religion, or national origin;

  (b) using the CNA-client relationship to exploit the family for the CNA's personal gain or for any other reason;

  (c) stealing money, property, services, or supplies from the family; or

  (d) soliciting or borrowing money, materials or property from the family.

  (6) CNA misconduct related to co-workers that includes violent, abusive, threatening, harassing, or intimidating behavior towards a co-worker, which either occurs in the presence of clients or otherwise relates to the delivery of safe care to clients.

  (7) CNA misconduct related to achieving and maintaining clinical competency includes:

  (a) failing to competently perform the duties of a nursing assistant;

  (b) performing acts beyond the authorized duties for which the individual is certified; or

  (c) assuming duties and responsibilities of a nursing assistant without nursing assistant training or when competency has not been established or maintained.

  (8) CNA misconduct related to impaired function includes:

  (a) using drugs, alcohol or mind-altering substances to an extent or in a manner dangerous or injurious to the nursing assistant or others, or to an extent that such use impairs the ability to safely conduct the duties of a nursing assistant; or

  (b) having a physical or mental condition that makes the nursing assistant unable to safely perform the duties of a nursing assistant.

  (9) CNA misconduct related to certificate violations includes:

  (a) providing, selling, applying for, or attempting to procure a certificate by willful fraud or misrepresentation;

  (b) functioning as a medication assistant without current certification as a medication assistant;

  (c) altering a certificate of completion of training or nursing assistant certification;

  (d) disclosing contents of the competency examination or soliciting, accepting or compiling information regarding the contents of the examination before, during or after its administration;

  (e) allowing another person to use one's nursing assistant certificate for any purpose;

  (f) using another's nursing assistant certificate for any purpose; or

  (g) representing oneself as a CNA without current, valid CNA certification.