§2120.54.  Duties of the department to investigate complaints against certified nurse aides; complaint allegations; restricted registration; reinstatement

A.  In addition to other investigations as required by state or federal regulation, the department shall investigate the following complaints and allegations against certified nurse aides in nursing facilities:

(1)  Abandonment of duties.

(2)  Failure to perform assigned certified nurse aide duties when such failure results in a potential for more than minimal harm to a resident.

(3)  Conduct unbecoming to a certified nurse aide as defined as any of the following:

(a)  Insubordination that results in a potential for more than minimal harm to a resident.

(b)  Failure to display competency in the performance of certified nurse aide duties due to the use of alcohol, drugs, illness, or mental or physical condition.

(c)  Falsification of documents related to the performance of assigned job duties.

B.  If the department substantiates allegations under Subsection A of this Section, the department shall, at its discretion, issue a notice of restricted registration to the certified nurse aide or issue a notice of revocation or suspension of registration to the certified nurse aide.

C.  The restricted registration shall impose at least one of the following restrictions:

(1)  The certified nurse aide shall work in a licensed nursing facility only as a direct employee of the nursing facility under the direct supervision of a certified nurse aide supervisor or other licensed healthcare professional, for a minimum of six months.

(2)  The certified nurse aide shall complete mandatory training or education.

D.  The department shall place notice of the restricted registration on the Louisiana's Certified Nurse Aide Registry after final administrative determination or after appeal delays have expired.

E.  Upon completion of the imposed restrictions pursuant to Subsection C of this Section, the certified nurse aide shall apply for reinstatement of an unrestricted registration.

Acts 2009, No. 357, §1, eff. Aug. 15, 2010.