Hawaii Administrative Rules › Title 16 - DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS › Chapter 89A - NURSE AIDE › Subchapter 1 - GENERAL PROVISIONS › Section 16-89A-5 - Implementation and maintenance of registry

Current through June, 2024
(a) The department
				shall establish and maintain a registry of all nurse aides who have been
				certified by the department as nurse aides to work in either a medicare or
				medicaid nursing facility or in state-licensed or state-certified health care
				settings or who have been deemed to meet the certification requirements by
				reciprocity or the nurse aide has been deemed to have met the requirements
				pursuant to
				42 C.F.R.
				§483.150(b). No charge
				for the maintenance of this registry shall be imposed upon nurse aides working
				in a medicare or medicaid certified nursing facility. The registry shall be
				sufficiently accessible to promptly meet the needs of the public and health
				care providers. The record of successful certification shall be included in the
				registry within thirty days.
(b)
				The registry shall contain the following information which shall be considered
				confidential unless otherwise specified herein or as provided by law:
(1) The nurse aide's full name;
(2) The nurse aide's home address, home and
				work telephone numbers, and social security number or other identifying
				information, and verification that the nurse aide is at least eighteen years of
				age;
(3) The nurse aide's place of
				employment;
(4) The date when the
				nurse aide became eligible for entry in the registry by successfully completing
				certification or the date when the nurse aide was deemed to have met the
				requirements pursuant to
				42 C.F.R.
				§483.150(b);
(5) Any substantiated finding of abuse,
				neglect, or misappropriation of resident's property by the nurse aide
				documented and reported by the department of health or the department of human
				services to the registry within ten working days of that finding. If there is a
				substantiated finding of resident abuse, neglect, or misappropriation of
				resident's property from another state's registry against an individual
				applying as a nurse aide in this State, that finding shall be listed in this
				State's registry. Except as provided herein, only the department of health or
				the department of human services may formulate a substantiated finding for a
				nurse aide. The director's role, with regard to disciplining nurse aides, shall
				be limited to the placement of a substantiated finding and related information
				in the registry. Any appeal regarding the reporting and placement of a
				substantiated finding in the registry shall be made to the department of health
				or the department of human services, whichever department was responsible for
				reporting that finding for placement in the registry. The substantiated finding
				shall include:
(A) Documentation of the
				State's investigation, including the nature of the allegation, the evidence
				that led the department of health or the department of human services to
				conclude that the allegation was valid, and any other documentation of the
				department of health's investigation or the department of human services'
				investigation as deemed appropriate by the State or the nurse aide's criminal
				conviction;
(B) The date of the
				hearing, if requested by the nurse aide, and the outcome; and
(C) The nurse aide's statement disputing the
				allegation, if the nurse aide chooses to make a statement; and 89A-5 §
				16-89A-5
(6) The
				information in paragraph (5) shall remain in the registry permanently, unless
				the information is removed in accordance with section 16-89A-6.