The Lento Law Firm Defends Idaho State Nurse Aide Registry
Idaho can be a great place for a registered nurse aide, certified nursing assistant (CNA), or unlicensed assistive personnel (UPA), as the state also calls the important healthcare role. Idaho's registered nurse aides can find abundant employment opportunities in Boise City, Meridian, Nampa, Idaho Falls, Caldwell, Montpelier, Coeur d'Alene, Twin Falls, and the state's other beautiful cities. Boise VA Medical Center, Kootenai Health, St. Luke's Regional Medical Center, St. Alphonsus Regional Medical Center, and St. Luke's Magic Valley Medical Center, among several other fine hospitals and healthcare facilities, retain dozens of nurse aides, who can also find residential placements through agencies like Idaho Home Health, Premier Home Care, and Aspen Home Health.
Idaho registered nurse aides can also attend nursing schools in the state, like the nursing programs at Lewis-Clark State College, Northwest Nazarene University, Idaho State University, and Boise State University, to pursue an RN or LPN degree while working in Idaho as a registered nurse aide.
Nurse aide jobs and careers at licensed health facilities or through licensed home health services in Idaho, though, may require you to qualify for the state's Nurse Aide Registry and to keep your registration in good standing, free from disciplinary findings. Your misconduct as an Idaho nurse aide, CNA, or UPA could cripple your nurse aide job and nursing career. Don't let professional disciplinary charges unravel your nursing career. Retain the Lento Law Firm's premier Professional License Defense Team for CNA, UAP, or nurse aide defense in Boise City, Meridian, Nampa, Idaho Falls, Caldwell, Montpelier, Coeur d'Alene, Twin Falls, and any other Idaho location. Call 888.535.3686 or chat with us now for Idaho nurse aide registry defense.
Idaho Nurse Aide Discipline's Nationwide Stakes
Idaho offers reciprocity to nurse aides already registered in other states. Contacting the Idaho Nurse Aide Registry can get you the reciprocity form to complete. If you have already registered as a Nurse Aide in Idaho, your Idaho registration gains you reciprocity in those other states. Reciprocity can be a great benefit for moving your nurse aide practice from state to state. But if you suffer nurse aide discipline in Idaho, that record of wrongdoing can affect your ability to register as a nurse aide in other states. Don't ignore an Idaho disciplinary notice, thinking that you'll simply move to another state for nurse aide practice. Instead, let our Defense Team help you defend Idaho's disciplinary charges.
Idaho Nurse Aide Disciplinary Actions
The Idaho Board of Nursing is responsible for ensuring that its licensed nurses do not misuse the services of a registered nurse aide, certified nursing assistant (CNA), or unlicensed assistive personnel (UAP) to perform care that the state authorizes only a licensed nurse to do. The Board of Nursing regularly publishes disciplinary reports of nurses or unlicensed personnel violating its nursing standards. The state agencies responsible for regulating registered nurse aides and their supervising nurses include Idaho's Board of Nursing, the Department of Health & Welfare, and the Department's Division of Career Technical Education and Division of Licensing & Certification. Those agencies certainly have the personnel and resources to carry out their protective duties. Do not underestimate the willingness or ability of Idaho state officials to pursue discipline related to unauthorized nurse aide practice or abuse or neglect of patients or residents.
Idaho Nurse Aide Registration
Idaho's Board of Nursing and Department of Health & Welfare each direct nurse aides or nursing assistants to register in what the Board of Nursing calls the Nurse Aide Registry and the Department calls the Certified Nurse Assistant Registry. The two names refer to the same single registry. As Idaho's Department of Health & Welfare explains, the state regulates registered nurse aides or CNAs through Board of Nursing administrative rules governing licensed nurses' supervision of unlicensed assistive personnel (UAPs), also known as registered nurse aides or certified nurse assistants (CNAs). Those Board of Nursing UAP rules are codified at IDAPA 23.01.01.490. These rules help healthcare facilities meet federal provisions for public funding. Both the Board of Nursing and Department of Health & Welfare make clear that whether you consider yourself a nurse aide, nurse assistant (CNA), or simply an unlicensed assistive personnel (UAP), you should register in the state's Nurse Aide Registry, otherwise known as the Certified Nurse Assistant Registry. Your hospital, healthcare facility, or home service agency employer should be checking the Nurse Aide Registry when retaining you and other nurse aides.
Idaho Nurse Aide Qualification
The Idaho Department of Health & Welfare's Division of Career Technical Education publishes the Nursing Assistant Curriculum, under which nurse aides, CNAs, or UAPs can qualify for registration. The Division designed the curriculum to ensure that healthcare facilities retaining registered nurse aides can meet federal provisions for public funding of those facilities. That funding is another reason why your employer will prefer to retain only registered nurse aides. The Division's Nursing Assistant Curriculum prescribes a course of training including instruction in holistic care, regulation, communication, human needs, infection control, safety, emergency care, vitals, moving, lifting, personal care, nutrition, hydration, mental health, dementia, restorative care, end of life care, and systems.
You must complete your instruction and clinical training in these and other subjects in a program the Division recognizes. The Division's Curriculum prescribes the faculty, hours, facilities, and other particulars for an approved training program. The Curriculum also prescribes the testing you must complete and other qualifications such as minimum age and secondary school education. You didn't get your Idaho nurse aide registration simply by paying a fee and completing a form. You worked for your nurse aide registration. Protect it against disciplinary charges with the help of our skilled and experienced Defense Team.
Idaho Nurse Aide Reporting Obligations
Idaho's Adult Abuse, Neglect, and Exploitation Act requires that the persons employed at healthcare facilities, including nursing homes and other residential facilities, report to the Department of Health & Welfare suspected patient or resident abuse, neglect, or financial exploitation. The Act grants immunity to anyone making such a report, while the Act subjects to criminal punishment those who fail to make such reports when the Act obligates them to do so. For these reasons, complaints against nurse aides often come from co-workers, supervisors, and administrators at the facility at which the nurse aide works, not just from patients, residents, and their concerned family members. Do not expect to avoid disciplinary investigation when suspected of abuse, neglect, or exploitation.
Idaho Nurse Aide Disciplinary Authority
Idaho's Adult Abuse, Neglect, and Exploitation Act authorizes the Department of Health & Welfare to investigate alleged abuse, neglect, or financial exploitation of patients and residents at healthcare facilities, including nursing homes and residential facilities. Similarly, Idaho's Nurse Practice Act authorizes the Board of Nursing to investigate and discipline licensed nurses who improperly delegate nursing services to registered nurse aides, CNAs, or UAPs in violation of the Act's nursing standards. The Board of Nursing has promulgated detailed administrative rules at IDAPA 23.01.01, articulating and further defining those disciplinary powers. Idaho state officials have plenty of authority, personnel, and resources to investigate and discipline patient or resident abuse, neglect, and exploitation. Retain our Defense Team to defend registered nurse aide disciplinary charges.
Idaho Nurse Aide Disciplinary Sanctions
Idaho's Board of Nursing has the express statutory and regulatory authority under the Nurse Practice Act to sanction nurses who unlawfully delegate nursing duties to unlicensed assistive personnel (UAPs), certified nurse assistants (CNAs), or registered nurse aides. Idaho Statute Section 54-1413 authorizes the nursing board to suspend or revoke the nurse's license or to impose probation or other sanctions. Likewise, Idaho's Board of Nursing has the authority to sanction UAPs, CNAs, and registered nurse aides for practicing nursing without a license, usurping the duties of RNs and LPNs. Idaho's Department of Health & Welfare has its own authority to sanction UAPs, CNAs, and registered nurse aides, removing them from the Nurse Aide Registry while indicating the abuse, neglect, or exploitation as the cause for their discipline.
Grounds for Idaho Nurse Aide Discipline
Idaho Statute Section 54-1413 sets forth the grounds on which the Idaho Board of Nursing may discipline licensed nurses. Idaho Board of Nursing administrative rules at IDAPA 23.01.01 and Idaho Division of Occupational and Professional Licenses administrative rules at IDAPA 24.34.01 further articulate those disciplinary grounds. Idaho's Adult Abuse, Neglect, and Exploitation Act sets forth the grounds on which the Idaho Department of Health & Welfare may revoke a facility license and refer a registered nurse aide for discipline. Department of Health & Welfare administrative rules at IDAPA 16.03.02 further articulate those grounds for nurse aide disciplinary action. Together, this authority supports nurse aide discipline on the following grounds. Consider below the defenses our Professional License Defense Team may help you raise as to any of these grounds.
Physical Abuse as Grounds for Idaho Nurse Aide Discipline
Physical abuse is a ground for Idaho nurse aide discipline. Idaho's Adult Abuse, Neglect, and Exploitation Act defines physical abuse as "the infliction of physical pain, injury, or unjust chemical or physical restraint on a vulnerable adult, or [of] death," without justifiable explanation, contrary to the patient or resident's history, and when not accidental. Examples of physical abuse may include hitting, punching, kicking, shoving, burning, biting, drugging, and prolonged bed restraints. Physical abuse allegations are obviously serious disciplinary charges. Defense of physical abuse charges may involve presenting evidence that the nurse aide was not the perpetrator of the alleged abuse, that the patient or resident misidentified the perpetrator or was mistaken or deluded as to the alleged abuse, or that the nurse aide's actions were not abusive and were instead authorized, protective, and within the standard of care. Nurse aides facing physical abuse charges must generally present substantial exonerating evidence to avoid discipline because of the seriousness of the charge.
Sexual Abuse as Grounds for Idaho Nurse Aide Discipline
Sexual abuse is another ground for Idaho nurse aide discipline. Idaho's Adult Abuse, Neglect, and Exploitation Act defines sexual abuse as "touching, fondling, intercourse, or any other sexual activity with a vulnerable adult when the vulnerable adult is unable to understand, unwilling to consent, threatened, or physically forced." Like physical abuse allegations, sexual abuse allegations are so serious that defense of sexual abuse charges generally requires substantial defense evidence directly contradicting any evidence disciplinary officials present indicating the nurse aide's responsibility. Defense may involve showing that the accused nurse aide was not the perpetrator, that others were responsible, that the patient or resident was mistaken or deluded as to the events, and that the accused nurse aide's actions were appropriate within the customs and standards for bathing, other hygiene, and other personal care duties.
Psychological Abuse as Grounds for Idaho Nurse Aide Discipline
Psychological abuse is another ground for Idaho nurse aide discipline. Idaho's Adult Abuse, Neglect, and Exploitation Act defines psychological abuse as "the infliction of fear, anguish, agitation, or other emotional distress through verbal or nonverbal acts or through unjust confinement of a vulnerable adult." Examples of psychological abuse include threatening a patient or resident with physical harm, telling a patient or resident that they will never see family again, telling a patient or resident that their family members do not care about them, telling a patient or resident that they have lost their financial assets, or locking a patient or resident in a room or confining them to bed for unduly extended periods. Defense of psychological abuse charges may involve presenting evidence that the nurse aide made no such threats, that the patient or resident is mistaken or deluded, or that the patient or resident's distress was due to other causes.
Neglect as Grounds for Idaho Nurse Aide Discipline
Neglect is another ground for Idaho nurse aide discipline. Idaho's Adult Abuse, Neglect, and Exploitation Act defines neglect as "failure of a caregiver to provide food, clothing, shelter, or medical care, the absence of which impairs or threatens sustainable life or health of a vulnerable adult." Examples of neglect may include a nurse aide's deliberate refusal to feed, bathe, move, turn, transfer, or otherwise assist a patient or resident in ways that result in soiled bedding and clothing, burns, infection, bed sores, malnutrition, dehydration, and mental and emotional distress. Defense of neglect charges may involve presenting evidence that the nurse aide was not responsible for the patient or resident, was unaware of the patient or resident's needs, lacked necessary resources, did not have control over the patient or resident's circumstances, and did not neglect the patient or resident in any way causing harm.
Financial Exploitation as Grounds for Idaho Nurse Aide Discipline
Financial exploitation is another ground for Idaho nurse aide discipline. Idaho's Adult Abuse, Neglect, and Exploitation Act defines financial exploitation as "the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of a vulnerable adult by any person or entity for profit or advantage other than for the vulnerable adult's profit or advantage." The Act gives these examples of financial exploitation:
- "deception, intimidation, or undue influence by a person or an entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult";
- "breach of a fiduciary duty, including but not limited to the misuse of a power of attorney, trust, or guardianship appointment that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, belongings, or trust funds of the vulnerable adult for the benefit of a person or an entity other than the vulnerable adult"; or
- "obtaining or using a vulnerable adult's property, income, belongings, resources, or trust funds without lawful authority by a person or an entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his property, income, belongings, resources, or trust funds."
Defense of financial exploitation may depend on proof that the nurse aide did take the money or property, that others took any missing money or property, that the patient or resident instructed that the nurse aide move the money or property for security or other purposes, or that the nurse aide moved the money or property for patient or resident safety and security.
Idaho Nurse Aide Disciplinary Investigations
Idaho's regulatory bodies governing nurses, nurse aides, nursing assistants, unlicensed assistive personnel, and the hospitals, other healthcare facilities, and nursing homes or other residential care facilities in which those professionals work authorize disciplinary investigations. Idaho Statute Section 54-1413 sets forth the procedures for disciplining licensed nurses. Idaho Board of Nursing administrative rules at IDAPA 23.01.01 and Idaho Division of Occupational and Professional Licenses administrative rules at IDAPA 24.34.01 further articulate those disciplinary procedures. Section 39-5304 of Idaho's Adult Abuse, Neglect, and Exploitation Act sets forth the procedures for Idaho Adult Protective Services to investigate nurse aide abuse, neglect, or financial exploitation allegations. Other administrative rules and procedures confirm the investigatory power of state officials to discover evidence of nurse aide misconduct. Do not underestimate the power and resources of state officials to act on allegations of abuse, neglect, or exploitation, even allegations that you know to be untrue.
Idaho Nurse Aide Disciplinary Notice
Idaho state disciplinary authorities may not remove a nurse aide from the Nurse Aide Registry or enter a finding of discipline that affects the nurse aide's ability to retain employment without providing the nurse aide with reasonable notice of the charges. Idaho's Administrative Procedure Act meets those constitutional due process requirements by ensuring that disciplinary officials give written, detailed notice of charges well in advance of a hearing on those charges. The notice must alert the nurse aide to the aide's right to demand a hearing on the charges, the time to request a hearing and the means for doing so. While disciplinary officials may default an accused nurse who does not answer the notice with a hearing request, the nurse who makes a timely request for a hearing gets such a hearing before losing the nurse aide registration.
Idaho Nurse Aide Disciplinary Hearing
Idaho's Administrative Procedure Act also guarantees that the disciplinary hearing will be before an impartial administrative law judge with the possibility of review before an impartial tribunal. Hearings must generally take place under procedures that ensure the nurse aide a reasonable opportunity to present witnesses and documents contradicting the charges and to challenge the disciplinary official's evidence of wrongdoing. The Act permits the nurse aide facing a hearing to retain our Defense Team to represent the nurse aide at the hearing to present evidence and cross-examine witnesses. The Act also permits limited court review of adverse administrative decisions. These procedural rights can provide our Defense Team with substantial opportunities not only to defend and defeat the charges against you but also to negotiate alternative relief, possibly avoiding a contested hearing.
Defense Team Services
Our Professional License Defense Team can help you evaluate the disciplinary notice, ensure that you timely request a formal hearing, help you identify and present exonerating and mitigating evidence, and challenge the other side's evidence. Our attorneys can also research, draft, and file hearing and appeal briefs and make arguments of law at the hearing and in appeals. Our attorneys may also be able to communicate and negotiate with disciplinary officials seeking alternative special relief. Don't go it alone through complex procedures. Retain our Defense Team for the skills and experience you need.
Premier Idaho Nurse Aide Defense Available
The Lento Law Firm's premier Professional License Defense Team is available in Boise City, Meridian, Nampa, Idaho Falls, Caldwell, Montpelier, Coeur d'Alene, Twin Falls, and any other Idaho location for your nurse aide registration defense. Hundreds of other professionals nationwide have trusted the Lento Law Firm for their best outcome to disciplinary charges. You can, too. Call 888.535.3686 or chat with us now.
