The Lento Law Firm Defends Wyoming Certified Nurse Aides (CNAs)
Wyoming offers a spectacular natural environment in which the state's certified nurse aides or certified nursing assistants (CNAs) can work. Cheyenne, Casper, Gillette, Laramie, Rock Springs, and other Wyoming locales offer substantial CNA employment opportunities at facilities like Cheyenne Regional Medical Center, Aspen Mountain Medical Center, Campbell County Health-Gillette, Cody Regional Health Medical Center, and Evanston Regional Hospital. Wyoming home health agencies like Community Home Health Services, Cowboy Cares Home Health, Frontier Home Health, and Symbii Home Health offer CNAs abundant opportunities to provide residential care, while nursing homes and assisted living facilities offer other jobs for CNAs. You chose an attractive state in which to practice as a certified nurse aide.
Wyoming certified nurse aides or nursing assistants can also advance their nursing education by pursuing LPN and RN degrees at nursing schools in the state, including those at the University of Wyoming, Casper College, Central Wyoming College, Eastern Wyoming College, and Laramie County Community College. Wyoming's Board of Nursing stands ready not only to maintain your CNA registration but to help you license as an LPN or RN.
You lose these rich opportunities, though, if you succumb to Wyoming Board of Nursing disciplinary charges removing you from the Wyoming CNA Registry while indicating your discipline. Professional disciplinary charges are serious and daunting, requiring your immediate and earnest attention. Retain the Lento Law Firm's premier Professional License Defense Team for skilled and experienced defense of your CNA disciplinary charges in Cheyenne, Casper, Gillette, Laramie, Rock Springs, or any other Wyoming location. Call 888.535.3686 or chat with us now for Wyoming certified nurse aide defense.
Wyoming CNA Discipline's Nationwide Stakes
Wyoming's Board of Nursing offers a nursing assistant certification by endorsement from another state in which the applicant already holds a CNA registration. The applicant need only complete the Board's endorsement application form that, once approved, relieves the applicant from repeating the CNA training and examination. Wyoming's reciprocity with other states also means that you can take your Wyoming CNA registration to another reciprocating state for endorsement, saving you substantial time, trouble, and expense when moving from state to state for nurse aide practice. But if you suffer Wyoming CNA discipline, you lose those reciprocal endorsement rights. Wyoming discipline raises your stakes, affecting your ability to practice as a nurse aide nationwide. Let our Defense Team help you face disciplinary charges now rather than have Wyoming discipline affect you elsewhere later.
Wyoming CNA Registration
Wyoming's Nurse Practice Act authorizes the Board of Nursing to regulate, register, and discipline certified nurse aides or nursing assistants (CNAs). The legislation and administrative regulations generally call the role either certified nursing assistant or CNA, although the Board of Nursing also calls the role certified nurse aide and calls the CNA Registry a registry of nurse aides. In any case, the Act's Section 33-21-122 specifically grants the Board the powers to “regulate the qualifications, certification, recertification, examination and discipline of nursing assistants and nurse aides.” The Board of Nursing carries out that authority in administrative rules governing and limiting CNA practice in the state. You must have CNA registration for certain valuable nurse aide or nursing assistant employment opportunities in Wyoming. You may only practice as a nursing assistant in the state under the supervision of an RN or other qualified and licensed nurse. Your CNA registration may be critical to the job you occupy or may wish to pursue in the future. Don't give up your CNA registration to disciplinary charges. Let our Defense Team help.
Wyoming CNA Qualifications
Wyoming's Board of Nursing looks to federal regulations to establish the training and examination that nurse aides must complete for entry into the Wyoming CNA Registry. The Board only approves CNA training programs in the state that meet those federal requirements. The mandated training includes a minimum number of classroom and clinical instruction hours in subjects including basic nursing skills, personal care skills, basic restorative skills, mental health and psychological support, communication skills, nursing team member technical skills, resident rights, care of the cognitively impaired, social service needs, and other subjects the CNA must know to provide competent nursing assistant care. The Board of Nursing lists the approved training programs. You must also prove work experience and high school education. You worked and studied hard for your CNA registration. Don't ignore disciplinary charges that could revoke your registration.
Wyoming CNA Disciplinary Authority
Wyoming's Board of Nursing has the disciplinary authority to take back the CNA registration that it issued to you. Section 33-21-146 of the Nurse Practice Act authorizes the Board to “suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder” who violates the Board's rules and standards. The Board carries that legislative authority into effect in Chapter 8 of its administrative rules setting forth detailed grounds and procedures for discipline. Section 33-21-153 if the Nurse Practice Act requires employers to report nursing assistant job discipline or terminations in the workplace that may reflect a violation of CNA Board rules and standards. The Board then investigates those reports to determine whether to discipline. Don't underestimate the Board's power, resources, or commitment to carry through on disciplinary charges. Level the playing field by retaining our Defense Team and its skilled and experienced attorneys.
Wyoming CNA Disciplinary Decisions
If the Wyoming Board of Nursing disciplines you, you won't be able to keep that discipline confidential. The Board reports CNA discipline decisions in its searchable online CNA Registry, which the Board also refers to as the CNA Abuse Registry. Employers, licensing officials in other states, patients, residents, their family members, and members of the public may all search the CNA Abuse Registry. If you suffer discipline, anyone may see not only the sanction that you suffered, such as revocation of your registration, but also a summary of the wrongs you committed leading to that sanction. Employers must search the registry when hiring nurse aides, as must licensing officials in other states when considering a nurse aide's application for registration. Once again, the message is to fight the disciplinary charges now rather than face their consequences later.
Wyoming CNA Disciplinary Sanctions
Wyoming's Board of Nursing has broad authority to decide what sanction to impose if it finds that you committed CNA misconduct. As briefly indicated above, Section 33-21-146 of the Nurse Practice Act authorizes the Board to “suspend or revoke the license, certificate or temporary permit of any person, or to otherwise discipline a licensee or certificate holder,” who violates the Board's rules and standards. Chapter 8 of the Board's administrative rules clarifies that the Board may “refuse to issue, renew, relicense, or reinstate a license,” or may “reprimand,” “issue a notice of warning,” or impose “conditions, restrictions, suspension, revocation, other discipline, or a combination thereof.” In short, you could lose your CNA registration, either temporarily or permanently.
But the Board's broad discretion to impose various forms of discipline can help in your defense. Our Defense Team may be able to advocate and negotiate with Wyoming Board of Nursing disciplinary officials for alternative relief that preserves your CNA registration and preserves your nurse aide job along with it. That alternative relief may be in the form of remedial education or training, additional supervision, reasonable accommodation of a disability, or referral for evaluation, counseling, treatment, or other beneficial services. Our attorneys may be able to help you achieve a win-win outcome assuring the Board of patient and public protection while improving your health, outlook, and nurse aide skills and preserving or even enhancing your reputation.
Grounds for Wyoming CNA Discipline
Section 33-21-146 of the Nurse Practice Act states a long list of grounds on which Wyoming's Board of Nursing may discipline certified nurse aides in the state. Chapter 8 of the Wyoming Board of Nursing's administrative rules amplifies those many grounds into an even longer list. Disciplinary officials must connect any misconduct they allege against you with one or more of those statutory or regulatory grounds. Those officials cannot simply make up the legal grounds for your discipline. Consider below the permissible grounds for your discipline and some hints of how our Defense Team may help you address and defend those charges.
Impaired Practice as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “was impaired with the intent of practicing nursing or nurse assisting due to physical or mental disability, lack of nursing competence, substance abuse, or substance dependency” or “was under the influence of alcohol, drugs, substances, or chemicals with the intent of practicing nursing or nurse assisting.” Impaired practice is an obvious danger to patients and residents.
The defense may involve proving that the accused nursing assistant was not impaired and did not use drugs, only appeared to have an impairment for innocent reasons such as fatigue or a medication reaction, had only a temporary impairment due to illness or injury, or had a disability that the employer should have reasonably accommodated and that if accommodated would not have interfered with safe and competent nurse aide practice. Proof that the complaining witness was unreliable, incorrect, and possibly even vengeful or deluded would aid in the defense. Referral for substance abuse assessment, counseling, and treatment may be an alternative, although do not accept a referral without consulting our Defense Team. Consent agreements requiring the accused nurse aide to relinquish the CNA registration may be unwise if the conditions for reinstatement are difficult or impossible to meet.
Abuse as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has abused a client or member of a vulnerable population, including but not limited to physical, verbal, mental, emotional, financial, or sexual abuse.” Chapter 8 of the Wyoming Board of Nursing's administrative rules defines abuse as “any behavior designed to control or subjugate another human being through the use of fear, humiliation, or assault, either verbal or physical.” Abuse charges can be difficult to defend because of the allegedly intentionally harmful and morally repugnant nature of abuse. Abuse can involve shoving, kicking, striking, prolonged undue restraint or confinement, threats, intimidation, harassment, and demeaning, deriding, or derogatory statements and actions.
The defense may involve proving that the accused nursing assistant did not commit the alleged acts, that the complaining patient or resident misidentified the nursing assistant or was deluded, that no abuse occurred or that others were responsible for any abuse, and that any actions of the accused nursing assistant were in self-defense, defense or others, or otherwise necessary and appropriate under the circumstances.
Sexual Misconduct as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has engaged in sexual misconduct as defined in Wyoming Statute 33-1-118(b)(ii)” or “has violated client boundaries including but not limited to sexual boundaries.” Like abuse charges, sexual misconduct charges can be difficult to defend because of the deliberate, injurious, and morally repugnant nature of sexual misconduct. The accused nurse aide must generally come forward with substantial exonerating evidence, given the credit that disciplinary officials are likely to give to the charge.
The defense may involve proving that the accused nursing assistant did not commit the alleged sexual misconduct, that the complaining patient or resident misidentified the nursing assistant or misconstrued innocent and necessary bathing or other hygiene care as sexual in nature, or that the patient or resident is deluded or vengeful in putting forward the allegations.
Neglect as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has neglected a client or member of a vulnerable population.” Chapter 8 of the Wyoming Board of Nursing's administrative rules defines neglect as “the failure to provide necessary goods, services, care, or attention….” Chapter 8 gives as examples of neglect “insufficient observation, failure to provide adequate assessment and intervention directly or indirectly through inadequate supervision, failure to intervene when a client condition warrants intervention, inappropriate delegation or assignment of care to an unqualified caregiver, or accepting assignments beyond level of competency or scope of practice.”
The defense may involve proving that the accused nursing assistant did not neglect the resident as alleged, was not assigned to the resident's care, or lacked the necessary supplies or equipment even though having requested those items from supervisors. The defense may alternatively involve proving that the alleged neglect was, in fact, the result of the natural and probable course of the resident's aging or disease.
Incompetence as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has performed unsafe client care.” Incompetence charges may include wrong methods of lifting or moving, resulting in patient fall or other injury; wrong hygiene methods resulting in patient infection; and improper food preparation resulting in food poisoning. The defense may involve proving that the accused nursing assistant did not perform the allegedly incompetent acts, the patient misidentified the nursing assistant, all acts were competent within the nursing assistant standard of care, the nursing assistant acted under supervisor instructions which the assistant reasonably believed to be appropriate, or the nursing assistant lacked necessary supplies or equipment despite request.
Abandonment as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has abandoned a client.” Abandonment may involve failing to appear as scheduled or leaving without completing the assignment, knowing that the acts or omissions left the client at risk of harm or injury. The defense may involve proving that the accused nursing assistant was not assigned to the client, did not leave the client, completed all necessary tasks before leaving, or alerted supervisors to the need to leave and the client's need for additional care.
Drug Diversion as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has distributed, sold, or used without authorization, illegally possessed, or manufactured controlled or illicit drugs” or “has diverted drugs or medications for self or others.” The defense may involve proving that the accused nursing assistant did not take, divert, or possess drugs, that others with equal or greater access did so, that no drugs were actually missing, or that witnesses purposefully or carelessly misidentified the nursing assistant.
Misappropriation as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has violated client boundaries including but not limited to … entering into financial transactions with clients,” “has misappropriated client property,” or “has misappropriated property belonging to a hospital, medical clinic, or facility providing care to a client.” Chapter 8 of the Wyoming Board of Nursing's administrative rules defines misappropriation as “negligently or deliberately taking, misusing, exploiting, using, or selling money or property belonging to another, without consent, whether temporarily or permanently.”
The defense may involve proving that the accused nursing assistant did not remove any client property, that the client did not own or possess the alleged property, that the client misidentified the nurse aide or was deluded or vengeful in making the false accusation, or that the nurse aide moved property with the client's consent and direction or according to employer protocols for security or safety.
Confidentiality Breach as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has violated the privacy or confidentiality of a client in any form including, but not limited to: written, verbal, or technological.” Employers can be especially sensitive to HIPAA violations because of the potential for regulatory fines, public criticism, and individual harm. The defense may involve proving that the accused nursing assistant had the client's consent for the disclosure, the information was not confidential, or the nursing assistant's actions relating to an invasion of privacy claim were necessary or appropriate to client care or safety according to supervisor instructions or facility protocols.
Unauthorized Practice as Grounds for Wyoming CNA Discipline
The Wyoming Board of Nursing's statutory and regulatory grounds for discipline include that the accused nursing assistant “has aided another licensee in practicing beyond the scope of the nurse's license or experience.” If the nurse aide provides services that only an LPN, RN, or other licensed professional has the authority to provide, the nurse aide may also face unauthorized practice charges. Examples may include administering medications, drawing blood, or providing physical therapy, massage, or counseling.
The defense may involve proving that the accused nursing assistant did not do as alleged and that witnesses so reporting have misidentified the nursing assistant or are mistaken as to the circumstances. The defense may also involve showing that the nursing assistant acted under the supervisor's instructions while reasonably believing the instructions to be appropriate.
Wyoming CNA Disciplinary Procedures
Chapter 8 of the Wyoming Board of Nursing's administrative rules states the procedures that disciplinary officials should follow to determine whether the complaint on which they act is true. Those procedures include investigation of the complaint, determination of whether the evidence warrants charges, notice of the intent to pursue discipline, and opportunity for the accused nurse aide to request a hearing. The hearing must permit the nurse aide to present defense evidence while cross-examining adverse witnesses with the assistance of retained counsel. Appeal and limited court review are also available. These procedures provide substantial opportunities for our Defense Team's attorneys to help you mount your best defense for the best possible outcome.
Premier Wyoming CNA Defense Available
The Lento Law Firm's premier Professional License Defense Team is available in Cheyenne, Casper, Gillette, Laramie, Rock Springs, and any other Wyoming location for your nurse aide certificate of registration defense. Professionals nationwide have trusted the Lento Law Firm for the defense of disciplinary charges. You can, too. Call 888.535.3686 or chat with us now.
