The Lento Law Firm Defends Montana Certified Nurse Aides (CNAs)
Montana can be a splendid state in which to practice as a certified nurse aide, enjoying the privileges of inclusion in the Montana Nurse Aide Registry. Billings, Missoula, Great Falls, Bozeman, and Helena, among other special Montana cities, offer significant nurse aide practice opportunities. Providence St. Patrick Hospital in Missoula, Billings Clinic and Advanced Care Hospital of Montana in Billings, Barrett Hospital and Healthcare in Dillon, Beartooth Billings Clinic in Red Lodge, and other medical facilities around the state can offer facility-based nurse aide employment opportunities. HomeCare Montana, North West Home Care, Harvest Home Care, First Choice Home Health, and other home health agencies serving Montana can provide substantial nursing home and residential care opportunities for nurse aide employment.
Montana certified nurse aides can also continue, advance, and complete their LPN or RN degrees or other nursing education at nursing schools at Montana State University, Montana Technological University, University of Providence, Carroll College, City College of Montana State University Billings, and other in-state or online education providers.
These opportunities only remain available to you, though, if you maintain your Montana Nurse Aide Registry in good standing against professional disciplinary charges. If you face CNA disciplinary charges in Montana, retain the Lento Law Firm's premier Professional License Defense Team for skilled and experienced defense, whether you are in Billings, Missoula, Great Falls, Bozeman, Helena, or any other Montana location. Call 888.535.3686 or chat with us now for Montana-certified nurse aide representation.
Montana CNA Discipline's Nationwide Stakes
Montana's Nurse Aide Registry offers an Interstate Endorsement Application enabling out-of-state CNAs to obtain Montana CNA registration without repeating the training and examination requirements. Montana CNAs can also obtain CNA registration in reciprocating states without having to go through the training and examination again. Reciprocal endorsement can make it a lot easier for you to move from state to state while continuing your nurse aide practice. You lose those substantial advantages, though, if you suffer CNA discipline in Montana. CNA registry officials in other states will require you to disclose that discipline on your endorsement application, which generally leads to the denial of your application. In short, Montana's CNA discipline can prevent CNA practice in other U.S. states. Your Montana CNA disciplinary charges raise nationwide stakes. Get our Defense Team's help rather than expecting to take your CNA practice to another state to avoid your Montana CNA disciplinary charges.
Montana CNA Registration
In Montana, neither the Montana Board of Nursing nor the Montana Department of Labor & Industry's Professional Boards & Licensing Program registers CNAs. CNAs instead look to the Montana Department of Health and Human Services for CNA Registry qualification. Montana Code Section 37-1-401 et seq., titled "Uniform Regulations for Licensing Programs Without Boards," authorizes the Department of Public Health and Human Services to implement the Montana Nurse Aide Registry because Montana nurse aides do not have a state board. The Montana Department of Public Health and Human Services implements the Montana Nurse Aide Registry to comply with federal regulations for public funding of healthcare and nursing facilities and services. If Montana did not require your CNA training and registration, then Montana healthcare and nursing facilities and services would not have funding. Your CNA registration helps your employer get you paid.
Montana CNA Qualifications
Montana's Department of Public Health and Human Services looks to the federal regulations on nurse aide training for the minimum training the Department will recognize for a candidate's entry in the Nurse Aide Registry. Those regulations require at least 75 hours of training, including many hours of direct clinical training involving patient or resident care. The training must address communication skills, patient rights, basic personal care, basic nursing skills, vital sign measurement, feeding techniques, transferring and turning patients, care of the cognitively impaired, basic restorative services, mental health, and social service needs, among many other subjects. The Department lists Montana nurse aide training programs that it has approved. You doubtless worked hard to qualify for your Montana certified nurse aide registration. Don't lose that registration to disciplinary charges. Let our Defense Team help.
Montana CNA Disciplinary Authority
Montana Code Section 37-1-402, addressing uniform regulations for professions without a board, authorizes the Department of Public Health and Human Services to receive complaints against nurse aides and investigate those complaints. The following Section 37-1-403 requires notice to the accused nurse aide and permits the nurse aide to request a hearing to dispute the allegations. The following Section 37-1-404 provides for the hearing to resolve disputed allegations, to which Montana's Rules of Civil Procedure and Rules of Evidence apply. The following Section 37-1-405 authorizes the Department to make disciplinary findings based on a preponderance of the evidence presented at the hearing. The Department thus has clear authority to investigate and decide disciplinary charges. Treat those charges seriously. Let our Defense Team help you defend those charges for your best outcome.
Montana CNA Disciplinary Decisions
The Montana Department of Public Health and Human Services will enter disciplinary decisions in the Montana Nurse Aide Registry. The Registry includes not just the names and registration numbers of certified nurse aides in good standing but also any disciplinary findings against those CNAs. Employers, patients, residents, their family members, licensing officials in other states, nursing schools, and the public can all search the Registry to learn the nature of any discipline and the disciplinary grounds. Do not expect to conceal your Montana nurse aide discipline. The Department disciplines nurse aides expressly in order to alert employers and the public to protect against potential harm. Let our Defense Team help you keep your name and record clear.
Montana CNA Disciplinary Sanctions
Montana Code Section 37-1-406 provides uniform sanctions for professions, like nurse aides, without a governing board. Section 37-1-406 authorizes the Department of Public Health and Human Services to impose any of the following forms of discipline against nurse aide: revocation of the license; suspension of the license for a fixed or indefinite term; restriction or limitation of nurse aide practice; satisfactory completion of a specific program of remedial education or treatment; monitoring of nurse aide practice by a supervisor approved by the Department; censure or reprimand, either public or private; compliance with conditions of probation for a designated period of time; payment of a fine not to exceed $1,000 for each violation; denial of a license application or renewal application; and refund of costs and fees billed to and collected from a consumer.
While Section 37-1-406's long list of potential sanctions may appear daunting, the broad discretion Montana disciplinary officials have to impose different sanctions may work in your favor. When you retain our Defense Team, our attorneys may be able to communicate and negotiate with the disciplinary officials for an early voluntary consent resolution that preserves your CNA registration and job. The option of remedial education or treatment may be a good one if you do not have to relinquish your CNA registration and can continue in your nurse aide job.
Grounds for Montana CNA Discipline
Montana Department of Public Health and Human Services disciplinary officials must have statutory or regulatory grounds to discipline a nurse aide. The Department may find those grounds in two locations. Montana Code Section 50-5-225 prohibits assisted living facilities from employing a nurse who "has had a finding entered into the state nurse aide registry concerning abuse, neglect, exploitation, mistreatment of residents, or misappropriation of resident property." That is one list of disciplinary grounds. Montana Code Section 37-1-410 on the uniform regulation of professions, like nurse aides, without a board authorizes the Department to discipline nurse aides for unprofessional conduct in any of more than a dozen different forms. That is a second list of grounds. Consider the entire list of grounds, along with potential defenses.
Criminal Conviction as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "being convicted, including a conviction following a plea of nolo contendere and regardless of a pending appeal, of a crime relating to or committed during the course of practicing the person's profession or occupation or involving violence, the use or sale of drugs, fraud, deceit, or theft." Under the statute, any crime committed during nurse aide work would be grounds for discipline, whether that crime involved something like indecent exposure, conversion, solicitation, or dozens of other crimes in Montana's code. If the nurse aide commits a crime outside the workplace, the crime must be violent or involve illegal drug activity, fraud, deceit, or theft.
Defenses to this form of disciplinary charge may involve showing that the nurse aide did not suffer the conviction, that the allegation is simply incorrect, that the conviction did not have to do with conduct in the workplace, or that the conviction was not one of the listed crimes occurring outside the workplace. Contesting the conviction itself, in an attempt to relitigate the crime, would not be a defense because the court record of the conviction is sufficient in itself to prove the crime.
Credentials Fraud as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "permitting, aiding, abetting, or conspiring with a person to violate or circumvent a law relating to licensure or certification" or "committing fraud, misrepresentation, deception, or concealment of a material fact in applying for or assisting in securing a license or license renewal or in taking an examination required for licensure." Credentials fraud is a concern both because it demonstrates the nurse aide's dishonesty, which is a practice risk, and because the nurse aide may not then have received the necessary training or may be otherwise unfit for practice because of the concealed wrong.
Examples of credentials fraud could include saying that the nurse aide completed training that the aide did not complete, claiming the nurse aide passed an exam the aide failed, cheating on the exam using unauthorized material or a substitute to take the exam, or concealing a criminal conviction or discipline in another state when completing the application. Defenses to credentials fraud allegations may involve showing that the nurse aide did not make the false statement, that the statement was true, or that the aide made the statement reasonably believing it to be true.
False Statements as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "signing or issuing, in the licensee's professional capacity, a document or statement that the licensee knows or reasonably ought to know contains a false or misleading statement" or "making a misleading, deceptive, false, or fraudulent advertisement or other representation in the conduct of the profession or occupation." Dishonesty relating to nurse aide practice can be dangerous in that it may expose a patient or resident to care the nurse aide is not qualified to give or induce consent when the patient or resident would otherwise have better withheld it.
Examples of dishonesty in the course of practice include a nurse aide claiming to be an RN or LPN to gain consent to perform services only those professionals are qualified to perform or the nurse aide claiming that a lawful nurse aide service is for a cure that the service is not for and will not produce. Defenses to dishonesty charges may involve showing that the nurse aide did not make the alleged statement, that the patient or resident is an unreliable witness, that the statement was substantially true, or that the nurse aide reasonably believed the statement to be true.
Bribery as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "offering, giving, or promising anything of value or benefit to a federal, state, or local government employee or official for the purpose of influencing the employee or official to circumvent a federal, state, or local law, rule, or ordinance governing the licensee's profession or occupation." An example would be if the nurse aide paid or offered to pay a disciplinary investigator to forgo the investigation of the aide's serious wrong in an attempt to corrupt the regulatory process, exposing patients and residents to unqualified nurse aide practice. Defenses may include proving the nurse aide did not make the offer, or the official misunderstood the offer's true nature.
Incapacity as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "having a physical or mental disability that renders the licensee or license applicant unable to practice the profession or occupation with reasonable skill and safety." Examples include a nurse aide suffering an illness or injury that makes the aide unable to lift and turn patients and residents who need those services. Defense may involve showing that the nurse aide had no disability or that the employer had the legal duty to reasonably accommodate the disability but failed or refused to do so.
Misappropriation as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "misappropriating property or funds from a client or workplace or failing to comply with the department's rule regarding the accounting and distribution of a client's property or funds." Examples include a nurse aide stealing money, jewelry, or other items of value from a patient or resident or lying to a patient or resident to induce them to gift the aide valuable items or pay the aide money, such as by telling them that they owe for services that they do not owe or threatening to withhold services or contact with family members. Defenses to misappropriation charges may involve showing that the nurse aide did not take anything, the patient or client is lying or deluded, or the aide moved items to secure them or for safety and that the items are in their proper place available to the patient or resident.
Obstruction as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "interfering with an investigation or disciplinary proceeding by willful misrepresentation of facts, failure to respond to department inquiries regarding a complaint against the licensee or license applicant, or the use of threats or harassment against or inducement to a client or witness to prevent them from providing evidence in a disciplinary proceeding or other legal action or use of threats or harassment against or inducement to a person to prevent or attempt to prevent a disciplinary proceeding or other legal action from being filed, prosecuted, or completed." Defense to obstruction charges may involve proving that the nurse aide took no such action and made no such threats and that the complainant misunderstood the aide's statements.
Unauthorized Practice as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "assisting in the unlicensed practice of a profession or occupation or allowing another person or organization to practice or offer to practice the profession or occupation by use of the licensee's license." Defenses may involve showing that the nurse aide did not offer the nurse aide's license, that the complaining witness is mistaken or misunderstood the aide's communication, or that the other person had the authority to practice as they did.
Substance Abuse as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "using alcohol, an illegal drug, or a dangerous drug, … to the extent that the use impairs the user physically or mentally in the performance of licensed professional duties." Defense of substance abuse charges may involve proving that the nurse aide did not use alcohol or drugs, that the complaining witness mistook fatigue or other natural reactions for drug or alcohol impairment, that the nurse aide had an adverse reaction to a lawful prescription drug, or that the aide was not in fact impaired even though having been under the influence.
Defense of substance abuse charges may also involve a referral to the Montana Recovery Program for support of healthcare professionals facing substance abuse or similar issues risking impaired practice. A referral may avoid discipline. But do not consent to a referral under the circumstances requiring you to relinquish your nurse aide registration without first consulting our Defense Team. You may find that you are unable to get your registration restored and regain your job because of onerous conditions your consent agreement imposes, or relinquishing your registration and losing your job may be unnecessary when other protective measures are available.
Incompetence as Grounds for Montana CNA Discipline
Montana Code Section 37-1-410 includes as nurse aide disciplinary grounds "exhibiting conduct that does not meet generally accepted standards of practice." The same statute provides, "A certified copy of a judgment against the licensee or license applicant or of a tort judgment in an action involving an act or omission occurring within the scope of practice and the course of the practice is considered conclusive evidence of but is not needed to prove conduct that does not meet generally accepted standards."
Examples of incompetence include using the wrong lifting, turning, or transferring methods resulting in dropping the patient or resident or causing other patient or resident injury, failing to use correct bathing or other hygiene methods resulting in infection, or ignoring obvious reportable changes in the patient or resident's health or medical condition resulting in advance of the disease. Defense may involve proving the nurse aide did not do as alleged, that others were responsible, or that the methods used were within the customary practice of nurse aides or did not cause any harm.
Montana CNA Disciplinary Procedures
Under Montana Code Section 37-1-402, the Department of Public Health and Human Services receives and investigates complaints against nurse aides. If the Department investigator finds cause for disciplinary charges, Section 37-1-403 requires notice to the accused nurse aide, who may request a hearing to dispute the allegations. Under Section 37-1-404, the Department must conduct an in-person hearing following Montana's Rules of Civil Procedure and Rules of Evidence. Under Section 37-1-405, the Department must share its written decision with the accused nurse aide for the nurse aide to appeal any adverse results. Section 37-1-407 provides for an appeal to the district court.
Premier Montana CNA Defense Available
The Lento Law Firm's premier Professional License Defense Team is available in Billings, Missoula, Great Falls, Bozeman, Helena, and any other Montana location for your nurse aide certificate of registration defense. Professionals nationwide have trusted the Lento Law Firm for defense of disciplinary charges. You can, too. Call 888.535.3686 or chat with us now.
