(1) The board may employ hearing officers as authorized in section 12-20-403 (3).
A proceeding for discipline of a certified nurse aide may be commenced when theboard has reasonable grounds to believe that a nurse aide certified by the board has committed acts that may violate the provisions of this part 2.
The license of a person certified by the board as a nurse aide may be revoked or theperson may otherwise be disciplined pursuant to section 12-20-404 upon written findings by the board that the licensee has committed acts that violate the provisions of this part 2.
No later than thirty days after the date of the board's action, the board shall send anotice to a certified nurse aide disciplined under subsection (3) of this section, to the most recent address the certified nurse aide provided to the board, notifying the certified nurse aide of the action taken, the specific charges giving rise to the action, and the certified nurse aide's right to request a hearing on the action taken.
Within thirty days after the board sends the notification, the certified nurse aide mayfile a written request with the board for a hearing on the action taken. Upon receipt of the request, the board shall grant a hearing to the certified nurse aide. If the certified nurse aide fails to file a written request for a hearing within thirty days, the action of the board shall be final on that date.
Disciplinary proceedings shall be conducted in the manner prescribed by article 4 oftitle 24 and section 12-20-403.
Failure of the certified nurse aide to appear at the hearing without good cause shallbe deemed a withdrawal of the certified nurse aide's request for a hearing, and the board's action shall be final on that date. Failure, without good cause, of the board to appear at the hearing shall be deemed cause to dismiss the proceeding.
(a) No previously issued certificate to engage in practice as a nurse aide shall be revoked or suspended except under the procedure set forth in this section, except in emergency situations as provided by section 24-4-104.
(b) The denial of an application to renew an existing certificate shall be treated in all respects as a revocation.
A person providing documents subpoenaed pursuant to section 12-20-403 (2) shallprepare them from the original record and shall delete from the copy provided pursuant to the subpoena the name of the patient, but the patient shall be identified by a numbered code to be retained by the custodian of the records from which the copies were made. Upon certification of the custodian that the copies are true and complete except for the patient's name, the copies shall be deemed authentic, subject to the right to inspect the originals for the limited purpose of ascertaining the accuracy of the copies. A privilege of confidentiality does not exist with respect to the copies, and liability does not lie against the board or the custodian or the custodian's authorized employee for furnishing or using the copies in accordance with this subsection (9).
The board may issue and send a confidential letter of concern to a certificate holderunder the circumstances specified in section 12-20-404 (5).
An employer of a nurse aide shall report to the board any disciplinary action takenagainst the nurse aide or any resignation in lieu of a disciplinary action for conduct that constitutes a violation of this part 2.
Except when a decision to proceed with a disciplinary action has been agreed uponby a majority of the board or its designee and notice of formal complaint is drafted and served on the licensee by first-class mail, any investigations, examinations, hearings, meetings, or any other proceedings of the board related to discipline that are conducted pursuant to this section are exempt from the open records provisions of article 72 of title 24 requiring that the proceedings of the board be conducted publicly or that the minutes or records of the board with respect to action of the board taken pursuant to this section be open to public inspection.
The board may issue cease-and-desist orders under the circumstances and in accordance with the procedures specified in section 12-20-405.
Source: L. 2020: Entire part added with relocations, (HB 20-1183), ch. 157, p. 692, § 29, effective July 1.
Editor's note: This section is similar to former § 12-260-117 as it existed prior to 2020.