(1)The board may
employ hearing officers as authorized in section 12-20-403 (3).
(2)A proceeding for discipline of a certified nurse aide may be commenced
when the board has reasonable grounds to believe that a nurse aide certified by the
board has committed acts that may violate the provisions of this part 2.
(3)The license of a person certified by the board as a nurse aide may be
revoked or the person may otherwise be disciplined pursuant to section 12-20-404
upon written findings by the board that the licensee has committed acts that violate
the provisions of this part 2.
(4)No later than thirty days after the date of the board's action, the board
shall send a notice to a certified nurse aide disciplined under subsection (3) of this
section, to the most recent address the
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(1) The board may
employ hearing officers as authorized in section 12-20-403 (3).
(2) A proceeding for discipline of a certified nurse aide may be commenced
when the board has reasonable grounds to believe that a nurse aide certified by the
board has committed acts that may violate the provisions of this part 2.
(3) The license of a person certified by the board as a nurse aide may be
revoked or the person may otherwise be disciplined pursuant to section 12-20-404
upon written findings by the board that the licensee has committed acts that violate
the provisions of this part 2.
(4) No later than thirty days after the date of the board's action, the board
shall send a notice to a certified nurse aide disciplined under subsection (3) of this
section, to the most recent address the certified nurse aide provided to the board,
notifying the certified nurse aide of the action taken, the specific charges giving
rise to the action, and the certified nurse aide's right to request a hearing on the
action taken.
(5) Within thirty days after the board sends the notification, the certified
nurse aide may file a written request with the board for a hearing on the action
taken. Upon receipt of the request, the board shall grant a hearing to the certified
nurse aide. If the certified nurse aide fails to file a written request for a hearing
within thirty days, the action of the board shall be final on that date.
(6) Disciplinary proceedings shall be conducted in the manner prescribed by
article 4 of title 24 and section 12-20-403.
(7) Failure of the certified nurse aide to appear at the hearing without good
cause shall be deemed a withdrawal of the certified nurse aide's request for a
hearing, and the board's action shall be final on that date. Failure, without good
cause, of the board to appear at the hearing shall be deemed cause to dismiss the
proceeding.
(8) (a) No previously issued certificate to engage in practice as a nurse aide
shall be revoked or suspended except under the procedure set forth in this section,
except in emergency situations as provided by section 24-4-104.
(b) The denial of an application to renew an existing certificate shall be
treated in all respects as a revocation.
(9) A person providing documents subpoenaed pursuant to section 12-20-403 (2) shall prepare them from the original record and shall delete from the copy
provided pursuant to the subpoena the name of the patient, but the patient shall be
identified by a numbered code to be retained by the custodian of the records from
which the copies were made. Upon certification of the custodian that the copies are
true and complete except for the patient's name, the copies shall be deemed
authentic, subject to the right to inspect the originals for the limited purpose of
ascertaining the accuracy of the copies. A privilege of confidentiality does not exist
with respect to the copies, and liability does not lie against the board or the
custodian or the custodian's authorized employee for furnishing or using the copies
in accordance with this subsection (9).
(10) The board may issue and send a confidential letter of concern to a
certificate holder under the circumstances specified in section 12-20-404 (5).
(11) An employer of a nurse aide shall report to the board any disciplinary
action taken against the nurse aide or any resignation in lieu of a disciplinary action
for conduct that constitutes a violation of this part 2.
(12) Except when a decision to proceed with a disciplinary action has been
agreed upon by a majority of the board or its designee and notice of formal
complaint is drafted and served on the licensee by first-class mail, any
investigations, examinations, hearings, meetings, or any other proceedings of the
board related to discipline that are conducted pursuant to this section are exempt
from the open records provisions of article 72 of title 24 requiring that the
proceedings of the board be conducted publicly or that the minutes or records of
the board with respect to action of the board taken pursuant to this section be open
to public inspection.
(13) The board may issue cease-and-desist orders under the circumstances
and in accordance with the procedures specified in section 12-20-405.