R523-17-7. Corrective Action of Certified Crisis Worker Certification

  (1) Each Certified Crisis Worker shall abide by the Provider Code of Conduct pursuant to Section R495-876, and as also found in the Department of Human Services Provider Code of Conduct Policy.

  (a) Each employer that becomes aware of a Certified Crisis Worker engaging in unprofessional or unlawful conduct, or has violated the provider code of conduct shall:

  (i) immediately take action to review the allegations,

  (ii) take steps to ensure that all individuals involved with the allegation are protected, and

  (iii) notify the Division within 30 days.

  (b) Termination of certification shall be made effective immediately if the alleged violation(s) results in one or more of the following:

  (i) personal financial gain through deception, or a business transaction with a client, by the Certified Crisis Worker,

  (ii) physical or emotional harm to a person that is caused by the Certified Crisis Worker, or

  (iii) a financial loss to a client, the State, or another employee that is caused by the Certified Crisis Worker.

  (c) The division shall take the following actions when it becomes aware of a Certified Crisis Worker in violation of the provider code of conduct that does not result in immediate termination:

  (i) Within 30 days of becoming aware of the violation(s), the division shall notify the Certified Crisis Worker, in writing, through a Notice of Agency Action specifying the area(s) of noncompliance.

  (ii) Within 30 days of receiving a notice of Agency Action, the Certified Crisis Worker shall submit an acceptable written plan to the division explaining how they will achieve compliance.

  (iii) All plans shall demonstrate how the Certified Crisis Worker shall be in compliance within 30 days after receiving the Notice of Agency Action.

  (iii) If an acceptable plan of action is not received by the division within 30 days of sending the Notice of Agency Action, the Certified Crisis Worker shall be notified that their certification has been suspended until an acceptable plan is submitted to the Division.

  (iv) A Certified Crisis Worker shall cease providing any and all case management services until a suspension is lifted.

  (d) The division shall revoke the certification of any Certified Crisis Worker for the following reasons:

  (i) The Certified Crisis Worker fails to provide the division with written evidence of compliance to a plan of action within 30 days after the receiving a Notice of Agency Action that their certification has been suspended.

  (ii) The Certified Crisis Worker continues to provide case management services during the period of a suspension; or

  (iii) The Certified Crisis Worker receives more than two notices of noncompliance with the Provider Code of Conduct in a one-year period.

  (e) Any Certified Crisis Worker whose certification has been revoked may request an informal hearing with the division director or designee, in writing, within 10 business days of receiving notice of revocation.

  (f) The division director or designee shall review the request and determine to uphold, amend or reverse the action within 10 business days, and the division shall inform the Certified Crisis Worker of the decision in writing.

  (g) Any Certified Crisis Worker with a revoked certification may not reapply for recertification for a period of twelve months.

  (2) If a Certified Crisis Worker fails to complete the requirements for CEUs, their certificate will be revoked or allowed to expire, and shall not be renewed until the required CEUs have been completed and submitted to the division for approval.

  (3) The crisis worker's certification status shall be posted and available upon request through the division.