The Lento Law Firm Defends Hawaii Certified Nurse Aide (CNA) Registry
No one has to tout the attractions of living in Hawaii, among the most beautiful natural environments in the world. Certified nurse aides (CNAs) working in Hawaii enjoy abundant employment opportunities in the state's larger cities like Urban Honolulu, East Honolulu, Hilo, Pearl City, Kailua CDP, and Waipahu. Large hospitals like The Queen's Medical Center, Kaiser Permanente Moanalua Medical Center, and Hilo Medical Center make good facilities in which to work, while home health agencies like Kaiser Home Health Agency, Bayada Home Health Care, Kokua Care, Careresource Hawaii, and Health Resources employ dozens more certified nurse aides.
Hawaii-certified nurse aides also have opportunities to pursue their LPN and RN degrees at Hawaii nursing schools like the University of Hawaii Hilo, University of Phoenix Hawaii, Chaminade University of Honolulu, University of Hawaii at Manoa, and Hawaii Pacific University, while working as a certified nurse aide in Hawaii.
Certified nurse aides working at Hawaii's fine hospitals and healthcare facilities, or for Hawaii's many home health services, though, may require you to maintain your good standing in the state's Nurse Aide Registry that Hawaii's Department of Commerce and Consumer Affairs contracts with the private provider Prometric to manage. Misconduct as a Hawaii certified nurse aide, determined after you face disciplinary charges, could end your certified nurse aide job and nursing career. If you face professional disciplinary charges, retain the Lento Law Firm's premier Professional License Defense Team for certified nurse aide defense in Urban Honolulu, East Honolulu, Hilo, Pearl City, Kailua CDP, Waipahu, or any other Hawaii location. Call 888.535.3686 or chat with us now for Hawaii certified nurse aide registry defense.
Hawaii Nurse Aide Disciplinary Charge Nationwide Stakes
Hawaii is among the many U.S. states offering reciprocity for certified nurse aide registration. If you have CNA registration in another state, you may complete a Hawaii CNA reciprocity form to gain registration in Hawaii. Likewise, if you gain and maintain a Hawaii CNA registration in good standing, you may request CNA registration in another state without having to complete the same training and examination a second or subsequent time. But if you suffer discipline as a nurse aide in Hawaii, you will lose those reciprocal rights. Your CNA discipline in Hawaii could cost you the opportunity to gain CNA registration and work as a registered CNA in many if not all, other U.S. states. Don't think that you can ignore Hawaii disciplinary charges and simply move your nurse aide practice to another state. Let our Professional License Defense Team help you defend your Hawaii CNA disciplinary charges.
Hawaii Nurse Aide Disciplinary Actions
Hawaii's Department of Commerce and Consumer Affairs publishes monthly disciplinary action reports online that employers, residents and their families, and the public can readily examine to learn what discipline the Department has imposed against certified nurse aides, nurses, and other regulated professionals. The Department also maintains the Hawaii State Nurse Aide Registry in a searchable online database for employers and the public to check your name or certification number for your registry status and any record of discipline. Just like you won't be able to avoid the effect of discipline by moving to another state, you also won't be able to conceal your discipline from employers or the public.
Hawaii Nurse Aide Disciplinary Resources
The Department of Commerce and Consumer Affairs also funds and staffs a standing Hearings Office "responsible for conducting administrative hearings and issuing recommended or final decisions for all divisions within the Department of Commerce and Consumer Affairs that are required to provide contested case hearings pursuant to the provisions of Hawaii Revised Statutes (HRS) Chapters 91 and 92." The Hearings Office has experienced staff ready to act on complaints against certified nurse aides. Don't underestimate the Department's willingness and ability to acknowledge complaints and pursue disciplinary action against you.
Hawaii Certified Nurse Aide Registration
Chapter 457A of Hawaii's Revised Statutes regulates nurse aide practice in Hawaii. Section 457A-1 recognizes that federal regulations authorizing public funding of healthcare facilities and nursing homes require states to enact nurse aide registration requirements. Under those federal regulations, nurse aides must complete required training and pass written and clinical competency examinations. Thus, Hawaii Revised Statute Section 457A-8 requires nurse aides practicing in Hawaii to complete the legislation's training requirements offered by an approved training provider and pass the written and clinical competency examinations. Section 457A-6 prohibits nurse aides from using the nurse aide or CNA designation in any form or manner unless registered after meeting the legislation's training requirements. You must gain and maintain your CNA registration for Hawaii employers to hire you for nurse aide practice.
Hawaii Nurse Aide Qualification
The Hawaii Department of Commerce and Consumer Affairs has enacted administrative rules in Hawaii Administrative Code Chapter 89A, stating the qualifications a nurse aide must have for entry into the Nurse Aide Registry. Hawaii's Department of Human Services sets forth the hours, course content, faculty, facility, and other requirements for an approved certified nurse aide training program. CNA registration candidates must complete at least 100 hours of training in healthcare delivery systems, basic nursing skills, basic personal care, restorative services, lifting and transferring, hygiene, mental health, dementia, nutrition and hydration, residents' rights, communication skills, and other skills. Seventy of the 100 hours must be in supervised practical training. Hawaii nurse aides must recertify every two years. Recertification requires a competency evaluation. You worked hard for your Hawaii nurse aide registration. Don't lose it to discipline. Retain our Defense Team to help.
Hawaii Nurse Aide Registry Removal
If you do not practice as a nurse aide for two years, do not renew your nurse aide registration biennially, or suffer discipline, the Hawaii Department of Commerce and Consumer Affairs will remove your name from the registry. Hawaii Administrative Code Section 16-89A-6 requires registration removal on each of those terms, including (1) two years without practice, (2) failure to renew within two years, or (3) a finding of abuse, neglect, or misappropriation of resident property. Findings of abuse, neglect, or misappropriation remain in the registry permanently unless qualifying for correction or removal and your reinstatement on the following terms and conditions.
Hawaii Nurse Aide Registry Reinstatement
Hawaii Administrative Code Section 16-89A-6 authorizes the Department to correct or remove a finding of abuse, neglect, or misappropriation on any one of several grounds. The Department will remove a disciplinary finding from the Nurse Aide Registry, restoring your good record if you can establish by petition that the finding was erroneous, a court determines in your corrective action that the finding was erroneous, or your petition shows that you have no record of a pattern of abuse, neglect, or misappropriation and that the disciplinary finding involved a singular occurrence. If you have already suffered nurse aide discipline, retain our Defense Team to help you evaluate, address, correct, or remove the findings on the above terms.
Hawaii Nurse Aide Disciplinary Authority
The Hawaii Department of Commerce and Consumer Affairs' Hearings Office has the authority to pursue disciplinary charges against you for violating one or more of the standards for nurse aide performance. Hawaii Administrative Code Section 16-89A-5 authorizes the Hawaii Department of Health or Department of Human Services to investigate, substantiate, document, and report any finding of abuse, neglect, or misappropriation for entry into the Nurse Aide Registry. Only those two departments have the authority to investigate and substantiate disciplinary findings against nurse aides. But do not question the power and willingness of those state agencies to call upon the Hearings Office to notify you of their investigation and substantiated findings. Instead, retain our Defense Team to assist you at the investigation stage and forward through a contested hearing if necessary.
Hawaii Nurse Aide Disciplinary Entries
Hawaii Administrative Code Section 16-89A-5 requires the Department of Commerce and Consumer Affairs to enter substantiated findings of abuse, neglect, or misappropriation in the Nurse Aide Registry. The entry must include not only the fact of the disciplinary finding but also "documentation of the State's investigation, including the nature of the allegation, the evidence that led the Department of Health or the Department of human services to conclude that the allegation was valid, and any other documentation of the department of health's investigation or the department of human services' investigation as deemed appropriate by the State or the nurse aide's criminal conviction." If you suffer discipline, your disciplinary record won't be a simple entry but will instead reflect the details of your misconduct for employers and the public to see. Don't ignore disciplinary charges. Let our Defense Team help you achieve your best possible outcome so that you do not unfairly face a permanent record of wrongdoing.
Other Hawaii Nurse Aide Disciplinary Sanctions
The primary sanction against a nurse aide is to remove the nurse aide from the active registry while entering a finding of discipline, as the above sections show. But Hawaii disciplinary officials may impose other sanctions under Hawaii Revised Statute Section 457A-5. That statute authorizes authorities to "refuse to renew, reinstate or restore, or … deny, revoke, suspend, or condition in any manner, any license." While these additional sanctions can look daunting, the clear authority of disciplinary officials to fashion alternative relief may give our Defense Team an opportunity to negotiate an outcome for you, like remedial training or education, that preserves your nurse aide registration. Retain us to help.
Grounds for Hawaii Nurse Aide Discipline
Hawaii license disciplinary officials must allege one or more of the regulatory grounds for nurse aide discipline. They cannot simply discipline as they please. But those disciplinary officials will recognize a range of grounds for discipline of a nurse aide and removal from the Nurse Aide Registry.
Hawaii Administrative Code Section 16-89A-5 refers only to "abuse, neglect, or misappropriation of resident's property" as grounds for discipline. But Hawaii's Department of Health and Department of Human Services, the two agencies that may invoke the Hawaii Department of Commerce and Consumer Affairs' Hearings Office to pursue nurse aide disciplinary charges, may also draw for disciplinary grounds on Chapter 457A of Hawaii's Revised Statutes regulates nurse aide practice in Hawaii. Hawaii Revised Statute Section 457A-5 sets forth a long list of other grounds in addition to abuse, neglect, or misappropriation. Consider below each disciplinary ground and the defenses our Professional License Defense Team may be able to raise when retained to represent you.
Abuse as Grounds for Hawaii Nurse Aide Discipline
Abuse is the first ground for Hawaii nurse aide discipline under Hawaii Administrative Code Section 16-89A-5. The administrative code does not define abuse. Common examples of abuse would include hitting, kicking, biting, shoving, threats to do the same, unreasonable restraint, confinement for an unduly prolonged duration, and other deliberate actions violating nurse aide practice standards and causing physical or mental harm. Abuse is typically deliberate, not accidental, making abuse allegations some of the more difficult allegations to defend. Defense may involve proving that the patient or resident misidentified the perpetrator or is demented or deluded in making the complaint. Defense may also involve showing disciplinary officials that any actions the nurse aide took were protective or therapeutic within the standard of care rather than abusive.
Neglect as Grounds for Hawaii Nurse Aide Discipline
Neglect is the second ground for Hawaii nurse aide discipline under Hawaii Administrative Code Section 16-89A-5. As in the case of abuse, the administrative code does not define abuse. Neglect typically involves a failure or refusal to perform assigned basic personal care duties when apparent to the reasonable person that the failure or refusal would lead directly to significant physical or mental harm. Examples of neglect include failing to turn, transfer, feed, or bathe an assigned patient or resident, resulting in bed sores, soiled clothes or bedding, malnutrition, dehydration, or infection. Defense to neglect charges may involve showing that other nurse aides were assigned the disputed duties, that the accused nurse lacked the means or control to attend to the patient or resident, or that the physical or mental harm was the result of the natural progression of a disease or aging rather than neglect.
Misappropriation as Grounds for Hawaii Nurse Aide Discipline
Misappropriation is the next ground for Hawaii nurse aide discipline under Hawaii Administrative Code Section 16-89A-5. As in the case of abuse and neglect, the administrative code does not define misappropriation. Misappropriation typically involves the nurse aide removing items of value or money without the patient or resident approving the movement, for the nurse aide's own gain, without the patient or resident's knowledge and consent, or by using coercion or duress. An example of misappropriation would be the nurse aide stealing jewelry, electronic devices, credit cards, or money from a patient or resident or inducing the patient or resident to give items or transfer money to the nurse aide by threats of harm or denial of services. Defense of misappropriation charges may involve showing that the items or money did not exist or was not removed that the patient or resident authorized their removal for security or gift or payment to someone other than the nurse aide, or that the nurse aide removed the items for safekeeping and security rather than depriving the patient or resident of them for personal gain.
Deceptive Advertising as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 also authorizes discipline for "engaging in false, fraudulent, or deceptive advertising, or making untruthful or improbable statements." Nurse aides do not typically advertise but may commit related wrongs when telling patients, residents, or their family members that they have RN, LPN, or other advanced qualifications that they do not have or can perform services that they cannot perform. Defense may involve showing that the nurse aide did not make the statements.
Drug Addiction as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "being addicted to, dependent on, or a habitual user of a narcotic, barbiturate, amphetamine, hallucinogen, opium, or cocaine, or other drugs or derivatives of a similar nature." Defense of drug addiction charges may involve showing that the accused nurse aide makes no use of the substances or has no addiction. Referral for assistance from the Physician Assistance Program for healthcare workers may delay or avoid discipline. But beware of accepting a referral that requires suspension or revocation of your nurse aide registration or imposes conditions difficult or impossible to meet. Consult our Defense Team before accepting a referral.
Impaired Practice as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "practicing the licensed profession or vocation while impaired by alcohol, drugs, physical disability, or mental instability." Patients, residents, their family members, co-workers, and supervisors may all observe and report impaired practice. Defense may involve showing that the observations of impairment were inaccurate, that anything appearing to be impairment was the result of innocent causes like a lack of sleep or a medication change or reaction, and that any use of substances did not affect the nurse aide's safe and effective performance.
Credentials Fraud as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "procuring a license through fraud, misrepresentation, or deceit." Credentials fraud may involve false representations of training or experience on an application for registration or renewal request, failure to disclose convictions or discipline by another state, exam cheating using unauthorized materials, or having another person take the exam. Defense may involve showing that any omission was innocent and accidental, not intentionally misleading.
Unprofessionalism as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "professional misconduct, incompetence, gross negligence, or manifest incapacity in the practice of the licensed profession or vocation." Unprofessionalism is a broad and vague ground for nurse aide discipline. Examples can include anything from allegedly insubordinate behavior toward supervisors, disrespectful behavior toward co-workers, inappropriate dress or demeanor, poor professional hygiene, and intimidation, harassment, or sexual harassment of others in the workplace. Defense may involve discrediting the complainant as mistaken or deluded or giving context to the behavior, tending to exonerate the nurse aide or mitigate and minimize the wrong.
Incompetency as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "failure to maintain a record or history of competency, trustworthiness, fair dealing, and financial integrity." Incompetency may involve dropping or otherwise injuring a patient or resident during movement or transfer, mistakenly providing the wrong assistance, restorative services, nutrition, or hydration, and other careless wrongs. Defense may involve showing that the conduct fell within the nurse aide's standard of care and did not cause any significant harm or that the nurse aide lacked the necessary supplies or equipment.
Unethical Conduct as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "conduct or practice contrary to recognized standards of ethics for the licensed profession or vocation." Unethical conduct may include misrepresenting hours worked, services performed, incidents occurring while on duty, and similar acts of dishonesty. Defense may involve showing that the nurse aide was honest in all representations or innocent in misunderstanding situations.
Unfitness as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "failure to comply, observe, or adhere to any law in a manner such that the licensing authority deems the applicant or holder to be an unfit or improper person to hold a license." Unfitness may involve acts outside the workplace that, though not charged as a crime, would subject patients, residents, and co-workers to risk of harm if they occurred while on nurse aide duty. Theft, assault, lying, cheating, and fighting are examples. Defense may involve showing that the events did not occur or did not represent safety or security risks.
Discipline by Another State as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "revocation, suspension, or other disciplinary action by another state or federal agency against a licensee or applicant for any reason provided by the licensing laws or this section." Defense may involve showing that the discipline did not occur or would not affect duties as a nurse aide in the state.
Criminal Conviction as Grounds for Hawaii Nurse Aide Discipline
Hawaii Revised Statute Section 457A-5 next authorizes discipline for "criminal conviction, whether by nolo contendere or otherwise, of a penal crime directly related to the qualifications, functions, or duties of the licensed profession or vocation." Defense may involve showing that the convictions did not occur or did not relate to nurse aide qualifications and services.
Hawaii Nurse Aide Disciplinary Procedures
Hawaii Revised Statute Section 436B-24 authorizes the Hearings Office to investigate complaints, notify the nurse aide of disciplinary charges, and notify the nurse aide to appear for a hearing on those charges. The hearing must take place before an impartial board having the power to compel witness attendance and administer oaths. The Hearings Office may not recommend discipline without offering a hearing at which the accused nurse aide may present witnesses in defense and challenge the accusing witnesses, including with cross-examination. The Hearings Office must permit the accused nurse aide to retain an attorney for defense at the hearing.
Premier Hawaii Nurse Aide Defense Available
The Lento Law Firm's premier Professional License Defense Team is available in Urban Honolulu, East Honolulu, Hilo, Pearl City, Kailua CDP, Waipahu, and any other Hawaii location for your nurse aide registration defense. Hundreds of professionals nationwide have wisely trusted the Lento Law Firm for the defense of disciplinary charges. Call 888.535.3686 or chat with us now.