A certified nursing assistant, or CNA, may not have all the responsibilities and freedoms of a nurse. However, they can play critical roles in patient care, assisting nurses with a variety of tasks. CNAs play particularly vital roles in nursing homes, where they may provide more than 90% of hands-on care.
There are no standardized requirements for CNAs. The requirements one hospital may have for hiring a CNA can be different from that of another facility. In addition, different states may have different qualification requirements for CNAs. Other common terms for CNAs include nursing assistants and nurse's aids.
As the name implies, you typically need to earn a certificate to work as a CNA in any given state. The Lento Law Firm Professional License Defense Team can help if your certificate is jeopardized because of complaints or allegations. Learn more by submitting your information through our online contact form or calling us at 888-535-3686.
Discipline of Certified Nursing Assistants
The agency responsible for certifying CNAs and disciplining them when complaints are filed varies throughout the country. Often, a state's Department of Health will coordinate with its Education Department to certify and discipline CNAs.
However, this isn't always the case. Sometimes, a Board of Nursing is responsible for managing CNAs. As such, the disciplinary process for CNAs can depend on the state in which they practice.
These agencies often have the power to take various types of disciplinary action. Sometimes, they may allow a CNA to continue practicing but might require that they abide by certain conditions or agree to a probationary term while doing so. In other instances, they may suspend or even revoke certificates.
Loss of your certificate could prevent you from working in your state. Depending on whether your certificate was suspended or revoked, you might be permanently unable to work as a CNA. Or, you might have to get re-certified to serve as a CNA in your state going forward.
Allegations or Complaints Against a CNA
As always, the specifics for filing a complaint against a CNA may not be the same in all states. That said, the process will often involve the following general steps:
- Initial complaint: Patients, colleagues, and other parties who may suspect a CNA of misconduct may be able to file a complaint against them. They will typically do so by contacting the department or agency responsible for disciplining CNAs in their state. Although the rules for filing a complaint aren't exactly the same throughout the nation, anyone making allegations against a CNA will usually have to describe the nature of the suspected violation.
- Evaluation: A complaint doesn't always justify an investigation. For example, perhaps someone contacts the relevant state agency accusing a CNA of conduct that doesn't actually qualify as a violation of any applicable rules, laws, or regulations. Those who receive an initial complaint may evaluate it before deciding whether to take further action.
- Investigation: Investigators representing the appropriate agency or department may look into a complaint over the course of several weeks. How they do so will depend on the nature of the complaint. During this time, investigators might interview various parties associated with a CNA, such as their coworkers and employer.
- Presentation: Investigators usually aren't the ones responsible for determining if disciplinary action is justified in a given case. Instead, upon completing their investigation, they may compile a report they present to members of the relevant agency, department, or board. They will decide whether to proceed with disciplinary action.
- Hearing: A CNA often has the right to a hearing before any disciplinary action is taken. In some cases, they may request a hearing after an agency or board has decided to take disciplinary action. A hearing gives a CNA the opportunity to defend themselves against allegations. However, it also typically gives the other side a chance to present their case against a CNA.
- Settlement discussions: Again, the process of investigating and disciplining CNAs when complaints are filed won't be exactly the same in every state. Regardless, in many states, CNAs can enter into settlements with the agencies responsible for disciplining them. These agreements function much like plea deals in criminal cases. A settlement may involve a CNA accepting relatively lenient disciplinary action in exchange for admitting to a violation.
It's important to have legal assistance through this process. When your career is in jeopardy, protecting yourself the same way you would if you were involved in a criminal case is smart.
Be aware that the process can also involve additional elements due to exceptional factors. For example, based on the nature of a complaint, a disciplinary agency or board may decide it's not in the public's best interests for a CNA to continue practicing while their investigation is ongoing. In this scenario, an agency might temporarily suspend a CNA's certificate until it can arrive at a more permanent decision.
Reasons Someone May File a Complaint Against a CNA
There are several types of potential violations that may cause someone to file a complaint accusing a CNA of misconduct. The following are common examples:
- Abuse
- Sexual misconduct
- Drug use
- Criminal convictions
- Fraud
The types of disciplinary action a certifying board or agency may take will often be based on the nature of the alleged violation. For example, if a CNA has a problem with drugs or alcohol, they may be required to participate in mandatory substance abuse counseling.
What to Do if Someone Has Filed a Complaint Against You
You will receive notification if a patient or anyone else files a complaint against you. Proceeding cautiously is very important when you receive such notification.
Once more, although this isn't a criminal case, you should treat it as one. Strongly consider getting in touch with lawyers quickly to ensure you have someone representing you throughout the investigation process.
At the Lento Law Firm, attorneys with our Professional License Defense Team have experience handling cases involving various types of complaints against nursing professionals across the country. We'll familiarize ourselves with the details of your case and tailor our defense strategy to your specific needs. Get started today by calling us at 888-535-3686 or getting in touch through our online contact form.
