Can you work as a CNA if you have a substantiated finding of abuse?

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asked in Work by Louise T.
I was fired today from my seven year old job. I have been a CNA for 24 years. A patient accused me of verbal abuse. This is false but my administrator said she had to let me go and report it to the state registry. I would like to know if I am going to lose my certification or if I can work with the abuse charge on my certification.

1 Answer

0 votes
answered by Abby Langlois

The Health Care Personnel Registry is a state-mandated registry (G.S. 131E-256 and 10A NCAC 13O), that contains the names of health care personnel who have pending investigations of allegations or substantiated findings of resident abuse, resident neglect, misappropriation of resident or facility property, fraud against a resident or facility, or diversion of drugs belonging to a resident or facility.

The Health Care Personnel Registry includes all of the findings contained in the Nurse Aide I Registry such as resident abuse, resident neglect, or misappropriation of the property of a resident in a nursing facility by a nurse aide under G.S. 131E-255. Before hiring health care personnel into a health care facility or service, health care facility employers as defined in G.S. 131E-256(b) must access the Health Care Personnel Registry and note each incident of access in their business files.

Nursing home employers must verify listing on the Health Care Personnel Registry prior to employing a nurse aide or other unlicensed assistant personnel who provide hands-on care. Nurse aides who have substantiated findings of resident abuse, resident neglect, or misappropriation of resident property in a nursing home listed against them on the North Carolina Nurse Aide Registry or on any other state’s nurse aide registry are prohibited from working in a nursing facility [42 U.S.C. Section 1395i-3(g)(1)(C); 42 U.S.C. Section 1396r(g)(1)(C); 42 CFR 483.13 (c)(1)(ii)(B)].

A nurse aide who wishes to contest a finding of resident neglect, resident abuse, or misappropriation of resident property made against the aide, is entitled to an administrative hearing as provided by the Administrative Procedure Act, Chapter 150B of the General Statutes. A petition for a contested case shall be filed within 30 days of the mailing of the written notice by certified mail of the department's intent to place findings against the aide in the nurse aide registry.

You can find more about the requirements for health care providers to report allegations to the North Carolina Health Care Personnel Registry, contact information and the general process followed during the HCPR Investigations Branch process once the reports are received by reading this web page.

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