(1) The board may suspend, revoke, or deny any person's certification to practice as a nurse aide or authority to practice as a medication aide in accordance with section 12-20-404 (1)(d) or may issue to the person a letter of admonition under the circumstances specified in and in accordance with section 12-20-404 (4), upon proof that a person:
Has procured or attempted to procure a certificate by fraud, deceit, misrepresentation,misleading omission, or material misstatement of fact;
Has been convicted of a felony or has had a court accept a plea of guilty or nolocontendere to a felony. A certified copy of the conviction or plea from a court of competent jurisdiction is prima facie evidence of the conviction or plea. In considering discipline based on the grounds specified in this subsection (1)(b), the board shall be governed by sections 12-20202 (5) and 24-5-101.
Has had a certification to practice as a nurse aide or to practice any other health careoccupation suspended or revoked in any jurisdiction. A certified copy of the order of suspension or revocation shall be prima facie evidence of the suspension or revocation.
Has violated or has aided or knowingly permitted any person to violate any provisionof this part 2 or an applicable provision of article 20 or 30 of this title 12;
Has negligently or willfully violated any order or rule of the board pertaining topractice or certification as a nurse aide;
Has verbally or physically abused a person under the care of the certified nurse aide;
Excessively uses or abuses alcohol, any habit-forming drug, any controlled substance, as defined in section 18-18-102 (5), or other drugs having similar effects, or is diverting controlled substances, as defined in section 18-18-102 (5), or other drugs having similar effects from the person's place of employment;
Has misused any drug or controlled substance, as defined in section 18-18-102 (5);
Has a physical or mental disability that renders the person unable to practice as acertified nurse aide with reasonable skill and safety to the patients and that may endanger the health or safety of persons under the nurse aide's care;
Has violated the confidentiality of information or knowledge as prescribed by lawconcerning any patient;
Has misappropriated patient or facility property;
Has engaged in any conduct that would constitute a crime as defined in title 18, if theconduct relates to the person's ability to practice as a nurse aide. In considering discipline based upon the grounds specified in this subsection (1)(l), the board shall be governed by the provisions of sections 12-20-202 (5) and 24-5-101.
Has neglected a person under the care of the certified nurse aide;
Has willfully or negligently acted in a manner inconsistent with the health or safetyof persons under the nurse aide's care;
Has willfully or negligently practiced as a medication aide in a manner that does notmeet generally accepted standards for practice;
Has willfully or negligently violated any order or rule of the board pertaining to thepractice or authorization as a medication aide;
Has practiced in a medical facility as a nurse aide except as provided in this part 2;
Has practiced as a nurse aide during any period when his or her certificate has beensuspended or revoked;
Has sold or fraudulently obtained or furnished a certificate to practice as a nurse aideor has aided or abetted therein;
Has failed to respond in a materially factual and timely manner to a complaint asgrounds for discipline pursuant to section 12-255-212; or
Has failed to report a criminal conviction to the board within forty-five days after theconviction.
Except as otherwise provided in subsection (1) of this section, the board need notfind that the actions that form the basis for the disciplinary action were willful. However, the board, in its discretion, may consider whether the action was willful in determining the sanctions it imposes on the nurse aide.
An employer of a medication aide shall report conduct that constitutes grounds fordiscipline pursuant to this section to the board and any disciplinary action taken by the employer against a medication aide or the resignation of a medication aide in lieu of a disciplinary action resulting from the conduct.
Source: L. 2020: Entire part added with relocations, (HB 20-1183), ch. 157, p. 689, § 29, effective July 1; (1)(g) amended, (SB 20-007), ch. 286, p. 1411, § 34, effective July 13.
Editor's note: (1) This section is similar to former § 12-260-114 as it existed prior to 2020.
(2) Subsection (1)(g) was amended in HB 20-007, effective July 13, 2020. However, those amendments were superseded by the amendment of subsection (1)(g) by HB 20-1183, effective July 1, 2020.