SECTION 310:677-5-5. Denial, suspension, withdrawal, and nonrenewal of certification

(a)   Grounds for certification action against a certified nurse aide may include:

(1)   Intentionally providing false or misleading information to a training program, a facility, or the Department;

(2)   Failing to provide care as ordered by a health care

professional or required in the plan of care, with resulting actual harm that is either life threatening or has a negative outcome for the resident;

(3)   Altering or falsifying medical records;

(4)   Removing medical records or other documentation pertaining to resident care from the employment setting without authorization;

(5)   Altering or falsifying certified nurse aide identification cards;

(6)   Representing oneself as a certified nurse aide without supervision by a licensed health professional and providing services that are not included in a Department approved nurse aide training and competency evaluation program.

(b)   The Department may deny, suspend, withdraw or not renew certification of a nurse aide based on the aide's noncompliance with 63 O.S. Section 1-1950.3, 1-1950.4a, 1-1950.5 or 1-1951, or OAC 310:677. The Department shall notify the aide of the intent to deny, suspend, withdraw or not renew certification. The notice shall cite the specific reasons for the action and offer the aide an opportunity to demonstrate compliance. Prior to the effectiveness of the denial, suspension, withdrawal, or nonrenewal of certification, the Department shall offer the aide an opportunity for a hearing.

(c)   The suspension of a certificate shall be effective for not less than six months, and a denial, withdrawal or nonrenewal of a certification shall be effective for not less than one year. The Department shall specify the duration of the denial, suspension, withdrawal or nonrenewal of certification in excess of the minimums based on the seriousness of the underlying violation and the likelihood that the aide will maintain compliance in the future.

[Source: Added at 24 Ok Reg 2045, eff 6-25-07]