The Lento Law Firm Defends West Virginia Nurse Aide Registry
West Virginia's charming cities, including Charleston, Huntington, Morgantown, Parkersburg, and Wheeling, among many others, provide wonderful places to work as a registered nurse aide or certified nursing assistant (CNA), as other states call the critical healthcare role. West Virginia University Hospitals, Charleston Area Medical Center, St. Mary's Medical Center-Huntington, and dozens of other fine hospitals and medical centers, together with dozens of fine home healthcare services like Amedisys Home Health, Capital Health Home Care, and West Virginia Home Health, employ hundreds of registered nurse aides. If you've chosen West Virginia for your registered nurse aide practice, then you made a good choice.
West Virginia also offers nursing schools, like those at West Virginia University, West Virginia Wesleyan College, Shepherd University, and West Liberty University, where you can pursue an RN or LPN degree while working in West Virginia as a registered nurse aide.
Pursuing nurse aide education or employment in West Virginia, though, requires that you maintain your nurse aide registration in good standing. Your entry on West Virginia's Nurse Aide Abuse and Neglect Registry can cause you to lose your nurse aide employment and income and prevent you from earning a LPN or RN license in the future. Don't let the West Virginia Department of Health and Human Resources disciplinary charges against your nurse aide registration ruin your West Virginia nurse aide job and nursing career. Instead, retain the Lento Law Firm's premier Professional License Defense Team for your nurse aide defense in Charleston, Huntington, Morgantown, Parkersburg, Wheeling, and other West Virginia locations. Call 888.535.3686 or chat with us now for the skilled and experienced representation you need for the West Virginia nurse aide registry defense.
West Virginia Nurse Aide Discipline's Nationwide Stakes
Your stakes when facing West Virginia nurse aide disciplinary charges stretch beyond West Virginia across the U.S. West Virginia recognizes nurse aide reciprocity. Your West Virginia nurse aide registration can qualify you for registration as a nurse aide in other states, also recognizing nurse aide reciprocity. That means, though, that your discipline as a West Virginia nurse aide affects your ability to license through reciprocity in other states. If you don't successfully defend and defeat your West Virginia nurse aide disciplinary charges, you may not be able to license anywhere across the U.S. Don't underestimate your stakes when facing disciplinary charges. Retain our Defense Team's skilled representation for your defense.
West Virginia Nurse Aide Disciplinary Reports
West Virginia's state agency's licensing professionals, including the Department of Health and Human Resources licensing nurse aides, take the enforcement obligations seriously. Those agencies have the staff and other resources to regularly pursue disciplinary actions. When those state agencies discipline nurse aides, nurses, and other healthcare professionals, they publish those disciplinary reports online for employers, patients, residents, and the public to see. Employers and others may also search the Nurse Aide Registry to verify your status, as healthcare facilities must do before employing nurse aides. You won't be able to conceal your discipline from others. Instead, defend the disciplinary charges upfront with the help of our Professional License Defense Team.
West Virginia Nurse Aide Discipline Removal
West Virginia Administrative Code Section 69-6-11 permits a nurse aide who has suffered discipline to petition to remove the discipline after one year if the discipline involved neglect. The nurse aide, though, must cease nurse aide employment for at least one year before the Department of Health and Human Resources will grant the petition. If, on the other hand, the discipline was for patient or resident abuse, then the discipline will remain permanently unless overturned by court action. Get our Defense Team's help if you have suffered discipline that you believe the Department should remove.
West Virginia Nurse Aide Registration
West Virginia's Department of Health and Human Resources, assisted by its Office of Health Facility Licensure and Certification, has the state's statutory authority to require nurse aides to register and to prohibit hospitals, nursing homes, and other facilities and services from employing unregistered nurse aides. West Virginia Code Section 9-6-1 provides for the Department's protection of adult patients and residents from abuse, neglect, and financial misappropriation. Similarly, West Virginia Code Sections 16-5B-1 et seq. require hospitals and other healthcare facilities to comply with the Department's protective provisions regarding nurse aide registration and care. West Virginia Code Sections 16-5C-1 et seq. do the same for nursing homes and similar residential care facilities. These West Virginia state law requirements help healthcare facilities meet federal provisions for public funding. Your employer will very likely carefully comply with the state's nurse aide registration provisions to ensure proper compliance for continued operation and funding.
West Virginia Nurse Aide Qualification
West Virginia's Department of Health and Human Resources, through its Office of Health Facility Licensure and Certification, publishes a Nurse Aide Program Policy Manual stating the requirements for nurse aide registration. Nurse aides must complete an initial training course and subsequent refresher courses. They must also pass a written exam and a clinical competency exam. Course and exam content includes basic care, special needs, patient chart review, recordkeeping, time and stress management, healthcare delivery systems, communication skills, and secure environments, among other areas.
You must use your nurse aide registration, or it will lapse after a two-year period, and the Office will remove your registration unless the Department finds that you committed misconduct, in which case the entry is permanent. The Nurse Aide Program Policy Manual provides that "the registry will remove entries for individuals who have performed no nurse aide duties or nursing-related services for a period of 24 consecutive months unless the individual's registry entry includes documented findings of abuse, neglect, or misappropriation of property."
West Virginia Nurse Aide Reporting Obligations
West Virginia Department of Health and Human Resources administrative rules state the basic obligations of a nurse aide who expects to maintain registration in good standing. West Virginia Administrative Code Section 69-6-3 states the following obligations:
- "ensuring that residents are free from abuse, neglect, corporal punishment, involuntary seclusion, and misappropriation of property";
- immediately reporting "all incidents of abuse, neglect, or misappropriation of property";
- "reporting any changes in their criminal history" to Nurse Aide Registry officials; and
- maintaining current contact information on file with those officials.
West Virginia Administrative Code Section 69-6-4 requires nurse aides and other healthcare professionals to immediately report suspected abuse, neglect, or misappropriation of property. Disciplinary charges commonly arise from such co-worker and supervisor reports.
West Virginia Nurse Aide Disciplinary Authority
West Virginia, like other states, closely regulates nurse aide practice. The Department of Health and Human Resources takes its statutory obligations to protect patients and residents seriously. The Nurse Aide Program Policy Manual provides that the Department will enter in the Nurse Aide Registry "any findings by the department of abuse, neglect, or misappropriation of property." The Registry contains "documentation of the department's investigation, including the nature of the allegation and the evidence that led the department to conclude that the allegation was valid." The Policy Manual gives a disciplined nurse aide the right to place the aide's own statement in the Registry, disputing the disciplinary finding. Doing so may be a good way of sharing exonerating and mitigating evidence, potentially preserving certain employment, education, or other opportunities.
West Virginia Nurse Aide Disciplinary Sanctions
West Virginia's Department of Health and Human Resources has the authority not only to place your name on the Department's Nurse Aide Abuse and Neglect Registry but also to propose alternative sanctions. West Virginia Administrative Code Section 69-6-6 provides for alternative sanctions without specifying their nature. Alternative sanctions may provide a way for you to preserve and protect your nurse aide registration, job, and career. Our Defense Team may be able to propose and negotiate for your alternatives to an abuse or neglect entry on your record, such as remedial training or education, additional supervision, or restrictions on your nurse aide practice for a period of monitoring. But no matter what form of discipline the Department threatens, know that you have the right to contest the Department's allegations. Our Defense Team may be able to help you defend and defeat all charges.
Grounds for West Virginia Nurse Aide Discipline
West Virginia's Department of Health and Human Resources must have grounds to impose discipline. Those grounds must be one of the wrongs stated in the state's statutes and administrative regulations. West Virginia Code Section 9-6-2 authorizes the Department to protect patients and residents against three basic forms of wrongs, including (1) abuse, (2) neglect, and (3) financial exploitation. Other state laws offer similar protections. The Department's administrative regulations in West Virginia Administrative Code Section 69-6-2 articulate those three broad categories into the following detailed grounds for nurse aide discipline. Consider these grounds and how our Professional License Defense Team may be able to help you defend such allegations.
Physical Abuse as Grounds for West Virginia Nurse Aide Discipline
Abuse is West Virginia Administrative Code Section 69-6-2's first grounds for discipline. Section 69-6-2 defines abuse as "the willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish." The same section adds that abuse may also include "deprivation … of goods or services that are necessary to attain or maintain physical, mental, and psychosocial well-being." The same section gives examples of physical abuse, including "shoving, pushing, pulling, pinching, tugging, or twisting any part of the resident's body with fingers or nails; burning or sticking the resident with an object; … inappropriate or improper use of restraints or isolation; acts of retaliation; … [and] corporal punishment."
Physical abuse allegations are, of course, among the most serious of disciplinary charges. Defense tends to involve disproving the allegations directly, sometimes on the basis that the complaining witness, particularly a mentally impaired patient or resident, lacks witness credibility. Defense may also involve showing that others were responsible for the patient and any abuse that may have occurred. Defense could also arise around restraint necessary for the resident's own health or safety or the health or safety of others.
Sexual Abuse as Grounds for West Virginia Nurse Aide Discipline
Sexual abuse is West Virginia Administrative Code Section 69-6-2's next grounds for discipline. Section 69-6-2 defines sexual abuse as "sexual harassment, sexual coercion, sexual exploitation, or sexual assault, sexual contact, or graphic images of a resident's body, including but not limited to private areas." Sexual abuse is obviously among the most serious charges possible against a nurse aide. Defense, though, may involve proving that the complaining resident lacks credibility due to dementia or other mental incapacities, that any abuse that, in fact, occurred was at the hands of another and not the accused nurse aide, or that the nurse aide did not sexually abuse the resident but was providing ordinary and appropriate assistance with dressing, bathing, or other care.
Involuntary Seclusion as Grounds for West Virginia Nurse Aide Discipline
Involuntary seclusion is West Virginia Administrative Code Section 69-6-2's next grounds for discipline. Section 69-6-2 defines involuntary seclusion as "separation of a resident against the resident's will, or the will of the resident's legal representative," including "separation of the resident from other residents" or "from his or her room, or confinement of a resident to his or her room, with or without roommates." Defense of involuntary seclusion charges may include not only that the seclusion did not occur or that others were responsible for it but also that seclusion may have been necessary, supervisor ordered, and within the standard of care under the circumstances.
Emotional Abuse as Grounds for West Virginia Nurse Aide Discipline
Emotional abuse is West Virginia Administrative Code Section 69-6-2's next grounds for discipline. Section 69-6-2 defines emotional abuse as "subjecting or exposing a resident to behavior that may result in psychological trauma or injury." The same section gives these examples of emotional abuse: "humiliating, harassing, teasing, or threatening; ignoring a resident's requests; threats of punishment or deprivation; or willfully violating a resident's rights, including confidentiality." Defending emotional abuse charges may involve proving that the patient or resident lacks credibility, that the emotional abuse did not, in fact, occur, or that others were responsible.
Verbal Abuse as Grounds for West Virginia Nurse Aide Discipline
Verbal abuse is West Virginia Administrative Code Section 69-6-2's next grounds for discipline. Section 69-6-2 defines verbal abuse as "the use of oral, written, or gestured language that willfully includes disparaging or derogatory terms to residents or their families…." The same section gives these examples of verbal abuse: "threats of harm; saying things to frighten a resident, such as telling a resident that he or she will never be able to see his or her family again; intimidation; humiliation; threats of hostility; or vulgarity." Defense of verbal abuse may include that the complaining witness lacks credibility or misunderstood the words and action or that the actions were necessary to the resident health and safety and not verbally abusive.
Neglect as Grounds for West Virginia Nurse Aide Discipline
Neglect is West Virginia Administrative Code Section 69-6-2's next grounds for discipline. Section 69-6-2 defines neglect as "the failure to provide goods and services necessary to avoid physical harm, or the significant threat of physical harm, mental anguish, or mental illness unless such actions are beyond the nurse aide's control." Examples of neglect could include failing to help a patient or resident to the bathroom, leaving the individual with soiled clothing or bedding, failing to assist a resident with hygiene, or failing to turn a bed-ridden patient resulting in bed sores. As the definition suggests, neglect must cause harm or a significant threat of harm, and the circumstances causing the neglect and harm must be within the nurse aide's control. Defenses may include that the nurse aide was not assigned to the patient or resident, did not harm or threaten to harm the patient or resident, and lacked the necessary resources and control.
Misappropriation as Grounds for West Virginia Nurse Aide Discipline
Misappropriation is West Virginia Administrative Code Section 69-6-2's next grounds for discipline. Section 69-6-2 defines misappropriation as "the deliberate misplacement, exploitation, or wrongful use of a resident's belongings or money." Defense of misappropriation charges may involve proving that the nurse aide took no property or money, that others took the missing items, that the nurse aide moved rather than took items on the instruction of the patient or resident, or that the nurse aide moved the property or money for safety or security purposes within the standard of care or with supervisor approval.
West Virginia Nurse Aide Disciplinary Investigations
West Virginia Administrative Code Section 69-6-5 authorizes the Department to investigate reports of abuse, neglect, and misappropriation of property. A surveyor from the Office of Health Facility Licensure & Certification may visit the facility, interview the patient or resident, observe the resident in the facility environment, examine the resident's medical and facility records, examine the resident's physical and mental condition, review the facility's incident reports, interview witnesses, and interview the accused nurse aide. The Office then makes a finding based on the investigation.
West Virginia Nurse Aide Disciplinary Notice
Under West Virginia Administrative Code Section 69-6-6, the Office of Health Facility Licensure & Certification must notify the accused nurse aide if the finding is of abuse, neglect, or misappropriation. The notice must tell the nurse aide that the nurse aide may invoke a hearing at which to present evidence disputing the finding. The notice must also inform the nurse aide that the aide has a right to retain an attorney to attend the hearing. The nurse aide must request a hearing within thirty days of the notice. If you receive a notice of a disciplinary finding against you, promptly retain our Defense Team to help you evaluate the finding and make a timely request for a hearing. Keep in mind that even if you did commit some form of misconduct, the Department has the authority to offer alternative sanctions rather than entering an abuse or neglect finding in the Nurse Aide Registry.
West Virginia Nurse Aide Disciplinary Hearing
West Virginia Administrative Code Section 69-6-8 provides that the Department must offer a hearing to a nurse aide making a timely request for a hearing. The hearing must take place in accordance with the rules for hearings under the state's Administrative Procedures Act. Those rules ensure constitutional due process, including reasonable notice of the time, date, and place of the hearing, a full and fair disclosure of the charges and evidence against you, and a fair hearing before an impartial decision-maker, at which you may present evidence while challenging the Department's evidence against you. Nurse aide disciplinary hearings take place before the Department's Board of Review. Hearings are on the record. Witnesses must testify in person under oath. Section 69-6-8 specifically grants you the right to have your legal representative cross-examine the witnesses against you.
The Value of Defense Team Representation
The attorneys on our Defense Team have the skills and experience to conduct an effective cross-examination of witnesses who may lack credibility or a foundation in first-hand observation of the alleged abuse, neglect, or misappropriation. Our Defense Team can also help you identify, acquire, organize, and present your own evidence, including documentary and testimonial evidence. Our Defense Team can also prepare hearing briefs and summaries, propose and negotiate alternative available relief, and, if necessary, appeal adverse decisions within the Department or through the courts, as the state's Administrative Procedures Act permits.
Premier West Virginia Nurse Aide Defense Available
The Lento Law Firm's premier Professional License Defense Team is available in Charleston, Huntington, Morgantown, Parkersburg, Wheeling, and any other West Virginia location to defend your nurse aide registration against abuse, neglect, misappropriation, or other disciplinary charges. Do as hundreds of other professionals nationwide have done in retaining the Lento Law Firm for their best outcome to disciplinary charges. Call 888.535.3686 or chat with us now.
