The Lento Law Firm Defends Delaware Certified Nursing Assistants (CNAs)
Delaware offers certified nursing assistants (CNAs) both the natural charms of an Atlantic Coast state and abundant employment opportunities in attractive cities like Wilmington, Dover, Newark, Middletown, and Bear. Delaware nursing assistants found in good standing in the state's CNA Registry may practice at medical facilities like ChristianaCare Hospital in Newark, Dover Behavioral Hospital or BayHealth Hospital-Kent Campus in Dover, Beebe Healthcare in Lewes, or Delaware Psychiatric Center in New Castle. Delaware CNAs may be in the alternative practice in residential settings through home health agencies like ChristianCare Home Health, BAYADA Home Health, and Amedisys Home Health Care.
Delaware-certified nursing assistants may at the same time pursue their RN or LPN degrees at nursing schools in the state, like those at the University of Delaware, Wilmington University, Delaware State University, and Delaware Technical Community College.
Yet these rewarding opportunities to practice and advance your nursing career in Delaware only remain available to you if you maintain your Delaware CNA Registry in good standing against professional disciplinary charges. Don't face those charges alone. Instead, retain the Lento Law Firm's premier Professional License Defense Team for the skilled and experienced defense of Delaware Division of Health Care Quality disciplinary charges, whether you are in Wilmington, Dover, Newark, Middletown, Bear, or any other Delaware location. Call 888.535.3686 or chat with us now for Delaware-certified nursing assistant defense.
Delaware CNA Discipline's Nationwide Stakes
Delaware offers reciprocal registration to certified nursing assistants, making it much easier for CNAs already registered in another state to register in Delaware without having to repeat training and examination. You need only complete a Delaware application for reciprocity showing your registration in the other reciprocating state. And once you have CNA registration in Delaware, you can take that registration to any other reciprocating state for easy registration by similar endorsement. Yet those advantages of reciprocal registration become disadvantages when you suffer discipline entered in the state's CNA registry. Discipline in Delaware may mean that you will be unable to practice as a nursing assistant in any other U.S. state. Don't run from disciplinary charges expecting to practice in another state. Let our Defense Team help you defend the charges.
Delaware CNA Registration
Delaware Code Title 16, Chapter 30A, Subchapter I, authorizes the Delaware Department of Health and Safety, Division of Health Care Quality, to offer certification to nursing assistants who complete training and examination complying with federal regulations for public funding of healthcare and nursing facilities and services. The Division of Health Care Quality carries out that legislation through its CNA Registry. While you may find your CNA registration to have been time-consuming, burdensome, and expensive, and your renewal every two years to take additional time, trouble, and expense, your CNA training and registration likely enables your employer to receive and benefit from federal healthcare or nursing home funding. Delaware offers CNA registration not just for patient and resident protection but also to secure public funding that helps pay CNAs and other healthcare professionals.
Delaware CNA Qualifications
When Delaware's Division of Health Care Quality adopted its CNA training and qualifications regulations, it ensured that those requirements met the federal regulations for public funding. Your training provider offered the classroom instruction and clinical training hours you had to complete, the facilities and faculty you enjoyed, and the course content you covered, all to meet Delaware and federal regulations. Your training had to cover basic personal care, basic nursing skills, lifting and transferring skills, toileting, nutrition, hydration, mental health, cognitive impairment, social service needs, restorative services, monitoring changes in health, and other subjects, ensuring your competence to serve as a nursing assistant. Your training also enabled you to pass the required competency exam. You worked hard for your CNA registration. Don't give it up unnecessarily to disciplinary charges. Let our Defense Team help you obtain the best possible outcome for those charges.
Delaware CNA Disciplinary Authority
Delaware Code Section 3007A of Title 16, Chapter 30A, Subchapter I, authorizes the Delaware Department of Health and Safety, Division of Health Care Quality, to adopt rules and regulations governing nursing assistant registration. The Division of Health Care Quality did so in regulations codified in Delaware Administrative Code Title 16, Section 3220. Part 5 of those regulations governs the discipline of certified nursing assistants. Those Part 5 regulations detail the grounds, sanctions, and procedures for nursing assistant discipline. Division of Health Care Quality officials thus have clear statutory and regulatory authority to notify you of disciplinary charges and require that you answer to those charges or face discipline. Do not doubt the authority, resources, or commitment of Delaware officials to carry through with the disciplinary process. Instead, level the playing field by retaining our Defense Team attorneys.
Delaware CNA Disciplinary Decisions
The Delaware Department of Health and Safety, Division of Health Care Quality, maintains the searchable CNA Registry online so that employers, patients, residents, their family members, licensing officials in other states, and anyone else with interest can examine the Registry for discipline information. The CNA Registry's purpose is to publicize any discipline that CNAs suffer to ensure that the public is aware and protected from harm. You will not be able to conceal any discipline that you suffer. Your best move is to address Delaware CNA disciplinary charges up front with the defense representation of our skilled and experienced License Defense Team attorneys.
Delaware CNA Disciplinary Sanctions
Delaware Administrative Code Title 16, Section 3220, Part 5 lists the following sanctions the Division of Health Care Quality may impose if it finds that you committed nursing assistant misconduct: refusal to issue a certification; revocation or suspension of a certification; issuance of a letter of reprimand; refusal to renew a certification; placement on the Adult Abuse Registry; and flag on the CNA Registry. Delaware maintains not only the CNA Registry but also an Adult Abuse Registry. The Division of Health Care Quality maintains both registries and has a regulation requiring that entry of discipline in the CNA Registry requires a parallel entry in the Adult Abuse Registry.
Part 5 shows that you may lose your CNA registration if you fail to respond effectively to disciplinary charges. Yet Part 5 also gives disciplinary officials discretion to impose lesser sanctions like a reprimand or to dismiss charges in the event that your defense presentation shows that other terms or conditions may protect patients and residents. Our Defense Team may be able to negotiate early voluntary dismissal in exchange for voluntary relief like remedial education or training, preserving your CNA registration, job, and good name.
Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 lists more than a dozen grounds on which the Division of Health Care Quality may discipline a certified nursing assistant. When pursuing disciplinary charges, Division disciplinary officials must specify one or more of the regulatory grounds. They may not make up grounds as they go along. But the grounds are so numerous and broad that disciplinary officials have broad discretion on whether to pursue charges. Consider each of the following potential grounds in turn, together with the ways in which our Defense Team may be able to help you defend disciplinary charges of that kind.
Criminal Conviction as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 lists as grounds for certified nursing assistant discipline “a conviction or substantiation of a crime or offense relating to the provision of care/services in a court of law.” Examples of convictions relating to nursing assistant services could include violent crimes like assault and sexual assault, crimes causing mental distress like intimidation, harassment, and extortion, property crimes like robbery, burglary, and embezzlement; drug crimes like possession and distribution; and crimes of dishonesty like criminal fraud, insurance fraud, and false official reporting. Defenses to these disciplinary charges may involve showing that you did not suffer the alleged conviction, the conviction did not relate to nursing assistant practice, or the conviction occurred sufficiently long ago to show rehabilitation. Because the record of conviction establishes the disciplinary charge, you may not relitigate the criminal conviction in the disciplinary proceeding.
Substandard Practice as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “behavior that fails to conform to legal and accepted healthcare standards and thus may adversely affect the health and welfare of a resident/patient.” Examples of substandard practice include using the wrong lifting or transferring methods causing patient fall or other injuries, using poor bathing or hygiene practices resulting in infections, using improper feeding resulting in allergic reactions or malnutrition, or failing to recognize obvious reportable changes in the patient or resident's health resulting in untreated advancing disease. Defenses may involve showing that the nursing assistant did not do as alleged or was not responsible for the care of the patient or resident or that any deviation did not result in harm or the risk of harm.
Unauthorized Practice as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “performing acts beyond the authorized scope of the CNA.” Examples of unauthorized practice would include a nursing assistant administering medication as only an RN or LPN may, performing therapy that only physical therapists may, providing massage reserved for massage therapists, or altering prescription medications as only a doctor may. Defenses may include that the nursing assistant did not do as alleged or did so under the direction of an authorized healthcare professional while under a reasonable belief in the authority to so act. Defense may be easier if no harm resulted, the acts were innocent rather than deliberate, and remedial education and training would correct the unauthorized practice.
Practice Without Certification as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “practicing as a CNA with an expired certification.” Defenses may include proof that the nursing assistant held a current certificate, was reasonably unaware that the certificate had expired, or that the CNA renewed the certificate promptly when aware of its expiration.
Falsifying Records as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “inaccurately and willfully recording, falsifying, or altering a resident/patient or agency/facility record related to care provision.” Examples would include recording patient or resident activities that did not occur, recording vital signs that the CNA did not measure, or recording hours that the CNA did not work. Defenses may involve showing that the nursing assistant did not make the false entries, was unaware that the entries were false when made, or made the entries on the direction of a supervisor reasonably believing that they were true or appropriate.
Abuse as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists “abuse” as grounds for certified nursing assistant discipline. The regulation does not define abuse. Abuse is typically considered to be deliberate, intentional misconduct directly and seriously harming the patient physically or mentally. Examples of abuse may include violent contact like hitting, biting, kicking, shoving, or slapping, threats of violent harm or the deprivation of care or family contact, or prolonged undue restraint or confinement. Defense of abuse charges can be difficult because of the strong moral condemnation of deliberate harm. Defense thus typically requires substantial defense evidence tending to exonerate the nursing assistant. Defense may involve proving that the patient or resident misidentified the nursing assistant or made a deliberately false or unintentionally deluded and inaccurate report. Defense may also include that any action the nursing assistant took was reasonably necessary to protect the patient or others from harm.
Neglect as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists “neglect” as grounds for certified nursing assistant discipline. The regulation does not define neglect. Neglect is typically unintentional but reckless or careless behavior directly resulting in significant harm. Examples of neglect include failing to turn a patient resulting in bed sores; failing to assist a patent for toileting resulting in soiled bedding or clothing; failing to feed a patient resulting in malnutrition; failing to provide a patient or resident with adequate liquids resulting in dehydration, or failing to change and clean a patient or resident resulting in infection and other poor hygiene. Defenses may involve proving that the nursing assistant was not assigned to the patient or resident, was not reasonably aware of the need for care, or lacked the supplies and equipment to provide the necessary care even though requested.
Exploitation as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “financial exploitation of a resident/patient.” Examples of financial exploitation include coercing a patient or resident into giving items of value to the nursing assistant. Defenses require proof that the CNA did not do as alleged or moved property only for safety and security.
Invasion of Privacy as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “failing to safeguard resident/patient dignity and right to privacy when providing services.” Examples of invasion of privacy include voyeurism or photographs or video of private activities or nudity. Defense must show that the nursing assistant did not take any action other than that reasonably necessary for the patient or resident's care or that the complaining witness misidentified the nursing assistant or was deluded.
Confidentiality Breach as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “violating the confidentiality of information concerning residents/patients.” Examples include HIPAA violations disclosing patient medical information without authorization, including sharing medical information with family members or others with no right or need to know. Defense may involve showing that the nursing assistant did not share the information or shared the information on the reasonable belief in authorization for medical or other health purposes.
Unfitness as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “performing CNA duties when unfit to perform procedures and make decisions because of physical or mental impairment or dependence on alcohol or drugs.” Defense of unfitness charges may involve showing that the nursing assistant was not impaired, did not use drugs or alcohol, or only had a disability that the employer should have reasonably accommodated. A nursing assistant may also accept referrals for substance abuse counseling or treatment as a way to delay or defer disciplinary charges.
Credentials Fraud as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “committing fraud, misrepresentation or deceit in taking the CNA test or in obtaining certification.” Examples include using unauthorized materials or a substitute to pass the exam, misrepresenting training hours and credits on an application or renewal, or concealing criminal convictions or prior discipline on an application or renewal. Defense must involve proving the CNA did not misrepresent credentials and that errors or omissions were innocent rather than to deceive.
Failure to Safeguard as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “failing to take appropriate action or follow policies and procedures designed to safeguard the resident/patient.” Examples include failing to put up bed rails as ordered or failing to secure medication beyond a patient or resident's reach. Defense may involve showing the CNA did not so fail or was not assigned to the patient or resident for that care.
Other Discipline as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “having a certificate revoked or suspended in another state for reasons which would preclude certification in this state.” Defense may involve showing that no such discipline occurred or that it would not disqualify the CNA for Delaware registration.
Failure to Report as Grounds for Delaware CNA Discipline
Delaware Administrative Code Title 16, Section 3220, Part 5 also lists as grounds for certified nursing assistant discipline “failing to report abuse, neglect, mistreatment or financial exploitation of a resident/patient.” Defense may involve showing that the CNA made the required report, reasonably relied on supervisors to make the report, or was unaware of the alleged wrongs.
Delaware CNA Hearing Procedures
Delaware Administrative Code Title 16, Section 3220, Part 5 guarantees the accused nursing assistant a hearing at which to dispute the disciplinary charge. Constitutional due process requires that disciplinary officials provide you with reasonable notice of that hearing and that the hearing is before an impartial decision maker. Part 5 ensures that you have the right to retain our Defense Team attorneys to appear at the hearing to present your witnesses and documentary evidence and to cross-examine the Division of Health Care Quality's witnesses against you. Part 5 also incorporates the Delaware Administrative Procedures Act's right to appeal an adverse decision. Our Defense Team may also be able to assist you with a limited court review of an adverse decision.
Premier Delaware CNA Defense Available
The Lento Law Firm's premier Professional License Defense Team is available in Wilmington, Dover, Newark, Middletown, Bear, and any other Delaware location for your certified nursing assistant registration defense. Hundreds of professionals nationwide have successfully trusted the Lento Law Firm for the defense of disciplinary charges. Call 888.535.3686 or chat with us now.
