SECTION 310:677-7-5. Petition for removal of finding of neglect

(a)   Petition. If more than one (1) year has expired since the day the finding of neglect notation was placed upon the file of the certified nurse aide or nurse aide trainee, the certified nurse aide or nurse aide trainee may request a hearing and an individual proceeding shall be commenced upon the filing of a petition or request by the certified nurse aide or nurse aide trainee which states:

(1)   the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect; and

(2)   the neglect involved in the original finding was a singular occurrence.

(b)   Notice of hearing. All parties shall be given notice of the date, time and place of the hearing. The notice of hearing shall include a copy of the petition.

(c)   Time. The hearing shall be scheduled at least fifteen (15) working days after the certified nurse aide or nurse aide trainee has received notice of the hearing.

(d)   Authority. The Administrative Law Judge shall issue a decision within fifteen (15) working days following the close of the hearing record. The decision shall include Findings of Fact and Conclusions of Law separately stated.

(e)   Registry notification. If the Administrative Law Judge finds that the employment and personal history of the nurse aide does not reflect a pattern of abusive behavior or neglect and the neglect involved in the original finding was a singular occurrence, the Administrative Law Judge shall take the following into consideration in making a decision whether to direct the nurse aide registry to remove the finding of neglect notation from the Registry:

(1)   The degree of negligence;

(2)   The severity of the potential negative resident outcome;

(3)   The severity of the actual negative resident outcome;

(4)   The forthrightness and cooperation of the individual;

(5)   Any rehabilitation or education completed by the individual since the incident; and

(6)   Any other factors or considerations the judge determines to be pertinent to the court's decision. In all other instances, the name and information of the nurse aide upon the nurse aide registry shall remain unchanged.

(f)   Status of certification. Where the Administrative Law Judge directs that the finding of neglect notation be removed, the following shall apply:

(1)   If the nurse aide is no longer certified and has no other disqualifying notations on the registry, the nurse aide shall successfully complete a nurse aide competency evaluation program prior to re-establishing certification. All applicable retesting fees shall apply.

(2)   An individual who fails a nurse aide competency evaluation program under the prior paragraph shall be required to retrain before taking any subsequent retests.

(3)   If the aide is a nurse aide trainee and has no other disqualifying notations on the registry, the nurse aide trainee shall successfully complete a nurse aide training and competency evaluation program to establish certification.

[Source: Added at 26 Ok Reg 2068, eff 6-25-09]