reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 2 - CERTIFICATION OF NURSE AIDES SUBPART › Subpart C - CERTIFICATE DURATION AND RENEWAL › Section R. 400.315 - Certificate duration; renewal process

Current through Vol. 24-12, July 15, 2024
Rule 315.
(1)
						A certificate issued before the effective date of these rules will be renewed
						by the department to an effective date established by the department that will
						not exceed a 2-year period.
(2) An
						initial or renewal certificate issued after the effective date of these rules
						is valid for 2 years unless otherwise specified on the certificate.
(3) An application for an initial or renewal
						of a certificate must be completed on the most recent applicable form or
						through an electronic web-based system authorized and provided by the
						department.
(4) The department
						shall renew a certificate when the individual submits all of the following:
(a) Electronic payment of the fee.
(b) An attestation that within the last
						24-consecutive-month renewal period the individual worked a minimum of 40 hours
						as a certified nurse aide providing nursing or nursing-related services for
						monetary compensation.
(c)
						Beginning not less than 12 months after the effective date of these rules, an
						attestation that the individual has completed at least 12 hours annually of
						continuing education within the renewal period.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 2 - CERTIFICATION OF NURSE AIDES SUBPART › Subpart D - CERTIFIED NURSE AIDE REGISTRY › Section R. 400.317 - Certified nurse aide registry

Current through Vol. 24-12, July 15, 2024
Rule 317.
(1)
						The department shall maintain a registry system that includes all the following
						on any individual to whom a nurse aide certificate has been issued:
(a) Name of the nurse aide.
(b) Address of the nurse aide.
(c) Date of birth of the nurse
						aide.
(d) Social security number of
						the nurse aide.
(e) Certificate
						number for the nurse aide.
(f)
						Expiration date of the certificate.
(g) Name of the state-permitted training
						program where the nurse aide completed training.
(h) Date of completion of the state-permitted
						training program where the nurse aide completed training.
(i) Contact information for the certified
						nurse aide including, but not limited to, telephone numbers and email
						address.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 2 - CERTIFICATION OF NURSE AIDES SUBPART › Subpart D - CERTIFIED NURSE AIDE REGISTRY › Section R. 400.319 - Findings on nurse aide registry

Current through Vol. 24-12, July 15, 2024
Rule 319. The department shall place on the registry
						  findings of abuse, neglect, or misappropriation of property. This information
						  must be included in the registry within 10 business days of the finding and
						  must remain in the registry permanently, unless the finding was made in error,
						  the individual was found not guilty in a court of law, or the department is
						  notified of the individual's death.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 2 - CERTIFICATION OF NURSE AIDES SUBPART › Subpart E - NURSE AIDE REQUIREMENTS › Section R. 400.320 - Nurse aide requirements

Current through Vol. 24-12, July 15, 2024
Rule 320. Once issued a certificate, a nurse aide shall
						  do all of the following:
(a) Practice
						only with a valid and active certificate.
(b) Provide nursing or nursing-related
						services pursuant to facility policies and procedures, a patient plan of care
						or other related care plans, and other delegated duties unless superseded by a
						verifiable written or verbal order or direction from a licensed health care
						professional.
(c) Provide nursing
						or nursing-related services free from abuse, neglect, or misappropriation of
						property.
(d) Provide services and
						communications to a resident or residents with dignity and respect.
(e) Cooperate with the department in an
						investigation.
(f) Not financially
						exploit a resident and not have any financial relationship with a resident,
						unless a familial relationship exists. A nurse aide shall not accept, take, or
						borrow money, possessions, or valuables from a resident, even with the consent
						of the resident.
(g) Update the
						department within 30 calendar days after a name or address change.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 3 - PERMIT FOR NURSE AIDE TRAINERS › Subpart A - INITIAL APPLICATION REQUIREMENTS › Section R. 400.321 - Application; nurse aide trainer permit; requirements

Current through Vol. 24-12, July 15, 2024
Rule 321.
(1)
						Before submitting an initial application to the department, an applicant for a
						nurse aide trainer permit shall meet all of the following requirements:
(a) Have a valid registered professional
						nurse license in this state.
(b)
						Have 2 years of nursing experience as a registered professional nurse within
						the last 5 years immediately preceding the application.
(c) Have 1 year of nursing experience as a
						registered professional nurse in a long-term care facility or experience in a
						setting that provides skilled nursing care and related services to individuals
						that require non-hospital residential medical, nursing, or rehabilitative
						services. Long-term care facilities may include, but are not limited to,
						nursing homes, hospital long-term care units, county medical care facilities,
						homes for the aged, assisted living facilities, hospices, and other like
						provider types serving an aged population. Other like provider types can be
						accepted at the discretion of the department.
(d) Completed a course in teaching adults as
						evidence by a certificate of completion or have experience in teaching adults
						or supervising nurse aides as evidence by employment documentation or
						self-attestation.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 3 - PERMIT FOR NURSE AIDE TRAINERS › Subpart B - INITIAL APPLICATION REVIEW AND PROCESSING › Section R. 400.323 - Application for nurse aide trainer permit; processing

Current through Vol. 24-12, July 15, 2024
Rule 323.
(1)
						As authorized in article 17, an application for an initial permit must be made
						on the most recent applicable form authorized and provided by the department.
						The department shall process a completed application within 30 calendar
						days.
(2) An application is not
						considered complete by the department until both of the following are received:
(a) Completed application form and required
						documents as identified in
						R 400.321.
(b) Application fee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 3 - PERMIT FOR NURSE AIDE TRAINERS › Subpart C - PERMIT, DURATION AND RENEWAL › Section R. 400.325 - Permit duration; renewal process

Current through Vol. 24-12, July 15, 2024
Rule 325.
(1)
						A permit issued before the effective date of these rules will be renewed by the
						department to an effective date established by the department that will not
						exceed a 2-year period.
(2) An
						initial permit issued after the effective date of these rules is good for 2
						years unless otherwise specified on the permit.
(3) A renewed permit is good for 2
						years.
(4) The renewal of a permit
						must be completed on the most recent applicable form or through an electronic
						web-based system authorized and provided by the department.
(5) The department shall renew a permit when
						the individual submits an electronic payment and submits proof of a valid
						registered professional nurse license.
(6) The department has the authority to
						require additional information and documentation to verify information within
						this rule including, but not limited to, proof of licensure.
(7) If a permit is not renewed within 30 days
						after the expiration date, the permit is null and void. A permit holder who did
						not renew within 30 days after the expiration date must apply for a new permit
						and follow the initial application process. Pursuant to section
						21915(2) of
						the act, MCL
						333.21915, the permit holder
						shall not offer services until the permit is renewed or a new permit is
						issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 3 - PERMIT FOR NURSE AIDE TRAINERS › Subpart D - NURSE AIDE TRAINER PERMITTING SYSTEM › Section R. 400.327 - Nurse aide trainer permitting system; requirements

Current through Vol. 24-12, July 15, 2024
Rule 327. The department shall maintain a permitting
						  system that includes all of the following:
(a) Name of trainer.
(b) Address of trainer.
(c) Permit number for the trainer.
(d) Expiration date of the permit for the
						trainer.
(e) Contact information
						for the trainer including, but not limited to, telephone number and email
						address.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 3 - PERMIT FOR NURSE AIDE TRAINERS › Subpart E - NURSE AIDE TRAINER REQUIREMENTS › Section R. 400.329 - Nurse aide trainer requirements

Current through Vol. 24-12, July 15, 2024
Rule 329. Once issued a permit, a nurse aide trainer
						  shall do all of the following:
(a)
						Maintain an active nursing license that is in good standing.
(b) Instruct only with a valid, active
						permit.
(c) Cooperate with the
						department during any inspection or complaint investigation.
(d) Update the department within 30 days
						after a name, address, or licensure status change.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 4 - PERMIT FOR NURSE AIDE TRAINING PROGRAMS › Subpart A - INITIAL APPLICATION REQUIREMENTS › Section R. 400.331 - Application; fee; form; nurse aide training program; permit; proprietary school

Current through Vol. 24-12, July 15, 2024
Rule 331.
(1)
						Before submitting an initial application to the department, an applicant for a
						nurse aide training program permit that is a proprietary school shall possess a
						proprietary school license.
(2) An
						applicant shall complete and submit the department approved application form
						and pay the corresponding fee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 4 - PERMIT FOR NURSE AIDE TRAINING PROGRAMS › Subpart B - INITIAL APPLICATION REVIEW, PROCESSING, AND DISPLAY › Section R. 400.332 - Application; nurse aide training program permit; processing; display

Current through Vol. 24-12, July 15, 2024
Rule 332.
(1)
						As authorized in article 17, an application for initial permit must be made on
						the most recent applicable form authorized and provided by the department. The
						department shall process a completed application within 30 calendar
						days.
(2) An application is not
						considered complete by the department until both of the following are received:
(a) Completed application form and required
						attachments.
(b) Application
						fee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 4 - PERMIT FOR NURSE AIDE TRAINING PROGRAMS › Subpart C - PERMIT, DURATION, RENEWAL › Section R. 400.333 - Permit duration; renewal process

Current through Vol. 24-12, July 15, 2024
Rule 333.
(1)
						A permit shall be renewed before August 1 of each even numbered calendar year
						unless otherwise specified on the permit.
(2) An initial permit issued after the
						effective date of these rules is good for 2 years unless otherwise specified on
						the permit.
(3) A renewed permit is
						good for 2 years.
(4) The renewal
						of a permit must be completed on the most recent applicable form or through an
						electronic web-based system authorized and provided by the
						department.
(5) The department
						shall renew a permit when the program submits an electronic payment.
(6) The department has the authority to
						require additional information and documentation to verify information within
						this rule.
(7) If a permit is not
						renewed within 30 days after the expiration date, the permit is null and void.
						A permit holder who did not renew within 30 days after the expiration date must
						apply for a new permit and follow the initial application process. Pursuant to
						section
						21915(2) of
						the act, MCL
						333.21915, the permit holder
						shall not offer services until the permit is renewed or a new permit is
						issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 4 - PERMIT FOR NURSE AIDE TRAINING PROGRAMS › Subpart D - NURSE AIDE TRAINING PROGRAM PERMITTING SYSTEM › Section R. 400.334 - Nurse aide training program; permitting system; requirements

Current through Vol. 24-12, July 15, 2024
Rule 334. The department shall maintain a nurse aide
						  training program permitting system that includes all the following:
(a) Name of program.
(b) Owner of program.
(c) Address of program.
(d) Permit number for the program.
(e) Expiration date of the permit for the
						program.
(f) List of permitted
						nurse aide trainers in the program.
(g) List of supplemental instructors in the
						program.
(h) A list of active
						programs.
(i) Contact information
						for the program including, but not limited to, authorized representative,
						telephone numbers, and email address.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 4 - PERMIT FOR NURSE AIDE TRAINING PROGRAMS › Subpart E - NURSE AIDE TRAINING PROGRAM REQUIREMENTS › Section R. 400.335 - Program requirements

Current through Vol. 24-12, July 15, 2024
Rule 335.
(1)
						Once issued a permit, a nurse aide training program shall do all of the
						following:
(a) Provide sufficient permitted
						nurse aide trainers to meet the needs of the nurse aide candidates during
						classroom, laboratory, and clinical hours.
(b) Provide a permitted nurse aide trainer
						during classroom hours.
(c) Provide
						a permitted nurse aide trainer onsite and engaged during laboratory and
						clinical hours.
(d) Provide a
						course consisting of 16 classroom hours, 16 clinical hours, and any combination
						of 43 classroom, laboratory, or clinical hours, for a total of 75 hours of
						training. A minimum of 16 classroom hours are required before the student's
						direct contact with a resident. Clinical and laboratory hours must be done
						in-person, but classroom hours may be in-person or virtual. If a virtual
						classroom is used, there must be a mechanism or method for student feedback and
						interaction with a nurse aide trainer.
(e) Classroom, laboratory, and clinical hours
						must be documented and available to the department upon request.
(f) Comply with the curriculum of the
						state-permitted training program requirements listed in
						42 CFR
						483.152(b) and the
						state-approved training program curriculum.
(g) Maintain a physical and social
						environment that is conducive to learning.
(h) Update its information as to any changes
						to name or address or closures within 30 calendar days after the
						change.
(i) Maintain a proprietary
						education license if a training program is a proprietary education
						program.
(j) Provide, upon request,
						the program's policy and procedure describing how a student can transfer into
						or from the program to or from another nurse aide training program. The policy
						and procedure may prohibit transferring to the program.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 4 - PERMIT FOR NURSE AIDE TRAINING PROGRAMS › Subpart F - INSPECTIONS AND EVALUATION OF NURSE AIDE TRAINING PROGRAMS › Section R. 400.337 - Inspection and evaluation process

Current through Vol. 24-12, July 15, 2024
Rule 337.
(1)
						A pre-permit inspection must be scheduled and announced. All other permit
						inspections may be unannounced.
(2)
						An inspection may be conducted by the department during any hours of operation
						of the permitted nurse aide training program.
(3) An applicant or permitted program shall
						provide access to the program area and relevant documents that are required to
						be maintained for the department to evaluate compliance with the act and these
						rules. Documents may include, but are not limited to, scores of each candidate
						enrolled in the program.
(4) The
						department shall conduct an inspection of the program at least once every 2
						years.
(5) The department shall
						issue a report to the provider of the findings of the inspection within 60 days
						after the inspection.
(6) During an
						inspection or evaluation process, failure to allow access to the program area
						or failure to have authorized staff available during the identified hours of
						operations is a violation of the act and these rules and the department shall
						enforce 42 CFR
						483.151(f).
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 4 - PERMIT FOR NURSE AIDE TRAINING PROGRAMS › Subpart F - INSPECTIONS AND EVALUATION OF NURSE AIDE TRAINING PROGRAMS › Section R. 400.339 - Plan of correction

Current through Vol. 24-12, July 15, 2024
Rule 339.
(1)
						If a deficient practice is identified by the department, either through an
						inspection and evaluation or a complaint investigation, the training program
						has 10 days to submit a plan of correction and identify specific dates to
						correct deficiencies not more than 30 days after the date of the report. Based
						upon the submitted plan of correction, the department shall determine if a
						re-visit is necessary to determine compliance.
(2) Failure to submit a plan of correction is
						considered a violation of the act or these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 5 - COMPLAINTS AND INVESTIGATIONS › Subpart A - CERTIFIED NURSE AIDES › Section R. 400.341 - Complaint filed with department regarding a nurse aide; procedure

Current through Vol. 24-12, July 15, 2024
Rule 341.
(1)
						Any individual or entity may file an allegation against a certified nurse aide
						who is listed on the registry for a violation of abuse, neglect, or
						misappropriation of patient property.
(2) A complaint filed with the department
						must be filed within 12 months after the alleged violation. If it is not filed
						within 12 months after the alleged violation, the department may investigate
						the complaint if the complainant shows good cause for the delay in filing the
						complaint.
(3) A complaint must be
						submitted in writing to the department.
(4) The complaint must be limited to matters
						involving an alleged violation of the act or these rules.
(5) A complainant shall provide enough
						information to identify the specific nurse aide and the applicable facility
						where the alleged violation took place.
(6) A complaint may be filed
						anonymously.
(7) The department
						shall receive, evaluate, and, if warranted, investigate a complaint of resident
						abuse, neglect, misappropriation of resident property or other violation of the
						act or these rules.
(8) The
						department shall send a letter of acknowledgement to each complainant upon
						evaluation of the complaint, except when a complaint is submitted
						anonymously.
(9) The department
						shall provide the complainant with the written findings of the complaint
						investigation not later than 60 days after the conclusion of the complaint
						investigation process. This subrule does not apply when a complaint is filed
						anonymously.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 5 - COMPLAINTS AND INVESTIGATIONS › Subpart A - CERTIFIED NURSE AIDES › Section R. 400.343 - Investigation by department

Current through Vol. 24-12, July 15, 2024
Rule 343.
(1)
						The department shall investigate a nurse aide for a complaint that alleges a
						violation of the act or these rules.
(2) An investigation may include, but is not
						limited to, all the following:
(a) Interviews
						with the complainant, staff, patients, and other relevant persons with their
						consent.
(b) Inspection of relevant
						administrative records, other documents, and media maintained by the health
						facility, agency, or other setting.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 5 - COMPLAINTS AND INVESTIGATIONS › Subpart B - COMPLAINTS AGAINST NURSE AIDE TRAINER OR TRAINING PROGRAM › Section R. 400.345 - Complaint filed against a nurse aide trainer or training program

Current through Vol. 24-12, July 15, 2024
Rule 345.
(1)
						A complaint filed against a nurse aide trainer or nurse aide training program
						may be filed directly with the applicable nurse aide training program or the
						department.
(2) A nurse aide
						training program shall adopt and follow written policies and procedures to
						investigate complaints filed by a student of the program.
(3) A nurse aide training program shall
						notify the complainant of its findings within 10 business days after completion
						of the investigation. This subrule does not apply when a complaint is filed
						anonymously.
(4) A comment on a
						satisfaction survey or other method used by a nurse aide training program to
						gather feedback does not constitute a complaint.
(5) A nurse aide training program shall
						maintain for 3 years any complaints filed under its complaint procedure, all
						complaint investigation reports, and correspondence delivered to each
						complainant
,
and provide the documents as required in this rule
						when requested by the department.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 5 - COMPLAINTS AND INVESTIGATIONS › Subpart B - COMPLAINTS AGAINST NURSE AIDE TRAINER OR TRAINING PROGRAM › Section R. 400.347 - Complaint filed with department; procedure

Current through Vol. 24-12, July 15, 2024
Rule 347.
(1)
						A complaint filed with the department must be filed within 12 months after the
						alleged violation. If it is not filed within 12 months after the alleged
						violation, the department may investigate the complaint if the complainant
						shows good cause for the delay in filing the complaint.
(2) A complaint must be submitted in writing
						to the department.
(3) The
						complaint must be limited to matters involving an alleged violation of the act
						or these rules.
(4) A complainant
						shall provide enough information to identify the specific nurse aide trainer
						and the applicable nurse aide training program where the alleged violation took
						place.
(5) A complaint may be filed
						anonymously.
(6) The department
						shall receive, evaluate, and, if warranted, investigate a complaint.
(7) The department shall provide the
						complainant with the written findings of the complaint investigation no later
						than 30 days after the conclusion of the complaint investigation process. This
						subrule does not apply when a complaint is filed anonymously.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 5 - COMPLAINTS AND INVESTIGATIONS › Subpart B - COMPLAINTS AGAINST NURSE AIDE TRAINER OR TRAINING PROGRAM › Section R. 400.349 - Investigation by department

Current through Vol. 24-12, July 15, 2024
Rule 349.
(1)
						The department shall investigate a nurse aide training program, nurse aide
						trainer, or both, for a complaint that alleges violation of the act or these
						rules.
(2) An investigation may
						include, but is not limited to, both of the following:
(a) Interviews with the complainant, staff,
						and other relevant persons with their consent.
(b) Inspection of relevant administrative
						records, other documents, and media maintained by the nurse aide training
						program.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 6 - ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS › Subpart A - ENFORCEMENT › Section R. 400.351 - Monitoring compliance with certificate or permit; investigating allegations of noncompliance; violation; sanctions

Current through Vol. 24-12, July 15, 2024
Rule 351.
(1)
						The department shall monitor compliance with all certificates and permits
						issued.
(2) The department shall
						investigate allegations of noncompliance with the act or these rules. A finding
						of noncompliance may include that a nurse aide, nurse aide trainer, or a nurse
						aide training program provided false information during the application process
						and was issued a certificate or permit based on the false information unknown
						to the department at the time.
(3)
						If the department determines that the recipient of a certificate or permit is
						not in compliance with the terms of the certificate or permit or is in
						violation of the act or these rules, the department shall do 1 or more of the
						following:
(a) Permanently revoke the
						certificate of a nurse aide found to have abused a patient.
(b) Permanently revoke the certificate of a
						nurse aide found to have misappropriated the property of a patient.
(c) Revoke the certificate of a nurse aide
						found to have neglected a patient unless the nurse aide demonstrates that the
						neglect was caused by factors beyond his or her control. Factors beyond the
						control of the nurse aide include, but are not limited to, an immediate action
						to protect the health and safety of or prevent harm to the resident, an action
						that is directed by a licensed health professional under article 15, or a nurse
						aide has not been trained to complete an assigned task.
(d) Issue a summary suspension of the
						certificate or permit.
(e) Revoke
						or suspend the certificate or permit. A certificate or permit holder that has
						had his or her certificate or permit revoked cannot reapply for a minimum of 3
						years after the effective date of revocation.
(f) Limit or modify the certificate or
						permit.
(g) Require probation,
						re-training, or a continuing education class.
(h) Issue a written reprimand.
(i) Take any other enforcement action
						authorized by the act or these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 6 - ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS › Subpart B - DISCIPLINARY ACTIONS › Section R. 400.352 - Authority; hearings

Current through Vol. 24-12, July 15, 2024
Rule 352.
(1)
						Pursuant to section
						21923(1) of
						the act, MCL
						333.21923, the department shall
						investigate and take enforcement action for violations of the act or these
						rules.
(2) The department shall
						implement 42 USC
						1395i-3(g)(1)(C) and
						(D) and
						42 CFR parts
						483 and
						488 as they relate to nursing
						homes.
(3) The procedures for a
						hearing must comply with sections
						71 to
						92 of the administrative
						procedures act of 1969, 1969 PA 306, MCL
						24.271 to
						24.292, and
						R 792.10101 to
						R 792.10137.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 6 - ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS › Subpart B - DISCIPLINARY ACTIONS › Section R. 400.353 - Notice of intent

Current through Vol. 24-12, July 15, 2024
Rule 353.
(1)
						Except as provided in
						R 400.354, the department shall
						provide the certified nurse aide or permitted program or trainer with written
						notice, by certified mail or personal service to the address of record, of the
						facts or conduct that warrant the intended action before revoking, suspending,
						limiting, or modifying a certificate or permit. The written notice shall
						include, but is not limited to, all of the following:
(a) The nature of the allegations.
(b) The approximate date and time the
						allegations occurred.
(c) The right
						to request an administrative hearing to contest the allegations.
(d) The department's intent to revoke,
						suspend, limit, or modify a certificate or permit.
(e) Notice that if the certified nurse aide
						or permitted program or trainer does not request an administrative hearing in
						writing within 30 days after the date of the written notice, as provided for in
						subrule (3) of this rule, the department will enforce the sanction indicated in
						the written notice.
(f) The
						consequences of a finding through the administrative hearing process that the
						person committed the violations of legal requirements described in the written
						notice.
(g) The certified nurse
						aide or permitted program or trainer has the right to be represented by an
						attorney at the administrative hearing at the individual's expense.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 6 - ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS › Subpart B - DISCIPLINARY ACTIONS › Section R. 400.354 - Summary suspension

Current through Vol. 24-12, July 15, 2024
Rule 354.
(1)
						The department may summarily suspend a certificate or permit if the department
						finds that the public health, safety, or welfare requires emergency action in
						accordance with section
						92 of the administrative
						procedures act of 1969, 1969 PA 306, MCL
						24.292. If the department
						summarily suspends a certificate or permit under this rule, a post-suspension
						hearing must be held promptly to determine if the suspension should remain in
						effect pursuant to section
						92 of the administrative
						procedures act of 1969, 1969 PA 306, MCL
						24.292.
(2) The record created at the post-suspension
						hearing becomes a part of the record at any subsequent hearing in the contested
						case.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 6 - ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS › Subpart B - DISCIPLINARY ACTIONS › Section R. 400.355 - Opportunity to show compliance

Current through Vol. 24-12, July 15, 2024
Rule 355. When the department issues a notice of intent
						  under R 400.353, a notice of compliance
						  conference must accompany the notice of intent. The notice of compliance
						  conference must state the date, time, and location or medium of the compliance
						  conference and inform the individual of all of the following:
(a) The purpose of the compliance conference
						is to provide the individual or program the opportunity to demonstrate that the
						individual or program complied with all lawful requirements for a certificate
						or permit at the time of the department's investigation or
						inspection.
(b) If the individual
						or program is unable to reach a settlement with the department, the matter will
						proceed to an administrative hearing.
(c) The individual or program may waive the
						compliance conference and proceed directly to the administrative
						hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 6 - ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS › Subpart B - DISCIPLINARY ACTIONS › Section R. 400.356 - Subpoena

Current through Vol. 24-12, July 15, 2024
Rule 356.
(1)
						The department or presiding officer at an administrative hearing may issue a
						subpoena to do any of the following:
(a)
						Compel the attendance of a witness to testify at an administrative
						hearing.
(b) Produce books, papers,
						documents, or other items relevant to the hearing.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Nurse Aide, Nurse Aide Trainer, and Nurse Aide Training Program, Certificate of Registration and Permit Program › Part 6 - ENFORCEMENT, DISCIPLINARY ACTIONS, NOTIFICATIONS › Subpart C - NOTIFICATIONS › Section R. 400.357 - Notifications for neglect, abuse, misappropriation of property

Current through Vol. 24-12, July 15, 2024
Rule 357.
(1)
						Within 10 business days after establishing neglect or abuse of a patient or
						misappropriation of the property of a patient, the department shall notify all
						of the following:
(a) The nurse
						aide.
(b) The current administrator
						of the health facility or agency or another employer where the incident
						occurred.
(c) The current
						administrator of the health facility or agency or other employer where the
						nurse aide currently provides nursing or nursing-related services, if
						known.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Good Moral Character › Section R. 400.1151 - License issuance

Current through Vol. 24-12, July 15, 2024
Rule 1.
(1) A
				  license, approval, or registration for a child care organization, as defined by
				  Act No. 116 of the Public Acts of 1973, as amended, being S722.111 et seq. of
				  the Michigan Compiled Laws, or an adult foster care facility, as defined by Act
				  No. 218 of the Public Acts of 1979, as amended, being S400.701 et seq. of the
				  Michigan Compiled Laws, shall not be issued by the department of social
				  services if the license applicant lacks good moral character.
(2) For purposes of criminal background
				  investigations, "license applicant" means a licensee, a registrant, or a person
				  with direct responsibility for daily operation of the facility to be licensed
				  or approved.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Good Moral Character › Section R. 400.1152 - Offenses evidencing lack of good moral character; applicability

Current through Vol. 24-12, July 15, 2024
Rule 2.
(1) The
				  following offenses presume a lack of good moral character for purposes of
				  issuing an original or renewal license, a certificate of registration, or an
				  approval to a child care organization, as defined by Act No. 116 of the Public
				  Acts of 1973, as amended, being S722.111 et seq. of the Michigan Compiled Laws,
				  and for issuing an original or renewal license to an adult foster care
				  facility, as defined by Act No. 218 of the Public Acts of 1979, as amended,
				  being S400.701 et seq. of the Michigan Compiled Laws:
(a) Conviction of the license applicant, in a
				  court of competent jurisdiction, of any crime involving a substantial
				  misrepresentation of any material fact, including any of the following:
(i) Bribery.
(ii) Fraud.
(iii) Filing of false claims.
(iv) Aiding or abetting the filing of false
				  claims.
(v) Allowing an
				  establishment to be used for illegal purposes.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Good Moral Character › Section R. 400.1153 - Denial of license renewal based upon previously reviewed convictions prohibited; exception

Current through Vol. 24-12, July 15, 2024
Rule 3. The department shall not deny the license or
					 certificate of registration renewal of a current licensee or registrant based
					 upon convictions which had been reviewed when the license or certificate was
					 issued. However, if new findings or new convictions are disclosed, the
					 department will consider previously reviewed convictions when deciding to
					 approve or deny the license or certificate renewal application of a current
					 licensee.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1402 - License application fee

Current through Vol. 24-12, July 15, 2024
Rule 2. A $15.00 license application fee shall accompany an
					 original license application and a license renewal application for an adult
					 foster care family home. The fee shall be nonrefundable.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1404 - Licensee, responsible person, and member of the household; qualifications

Current through Vol. 24-12, July 15, 2024
Rule 4.
(1) A
				  licensee and responsible person shall not be less than 18 years of
				  age.
(2) A responsible person shall
				  be other than a resident.
(3) A
				  licensee or responsible person shall possess all of the following
				  qualifications:
(a) Be of good moral
				  character to provide for the care and welfare of the residents.
(b) Be suitable to meet the physical,
				  emotional, social, and intellectual needs of each resident.
(c) Be capable of appropriately handling
				  emergency situations.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1405 - Health of a licensee, responsible person, and member of the household

Current through Vol. 24-12, July 15, 2024
Rule 5.
(1) A
				  licensee, responsible person, and a member of the household shall be in such
				  physical and mental health so as not to negatively affect either the health of
				  the resident or the quality of his or her care.
(2) A licensee shall have on file with the
				  department a statement signed by a licensed physician or his or her designee
				  with regard to his or her knowledge of the physical health of the licensee and
				  each responsible person. The statement shall be signed within 6 months before
				  the issuance of a license and at any other time requested by the
				  department.
(3) A licensee shall
				  provide the department with written evidence that he or she and each
				  responsible person in the home is free from communicable tuberculosis.
				  Verification shall be within the 3-year period before employment and
				  verification shall occur every 3 years thereafter.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1406 - Ratio of responsible persons to residents

Current through Vol. 24-12, July 15, 2024
Rule 6.
(1) The
				  ratio of responsible persons to residents shall not be less than 1 responsible
				  person to 6 residents and 2 children under the age of 12 years or ratio
				  thereof.
(2) The number of
				  occupants in a home, other than the licensee and the licensee's spouse, shall
				  not exceed 10 persons.
(3) This
				  rule does not apply to those adult foster care family home applicants or
				  licensees who applied for a license or who were issued a license before the
				  promulgation of these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1407 - Resident admission and discharge criteria; resident assessment plan; resident care agreement; house guidelines; fee schedule; physician's instructions; health care appraisal

Current through Vol. 24-12, July 15, 2024
Rule 7.
(1) A
				  licensee shall not accept, retain, or care for a resident who, in accordance
				  with a licensed physician's medical diagnosis and opinion, requires continuous
				  nursing care. This does not preclude the accommodation of a resident who
				  becomes temporarily ill while in the home, but who does not require continuous
				  nursing care.
(2) A licensee shall
				  not accept or retain a resident for care unless and until a resident assessment
				  plan is made and it is determined that the resident is suitable pursuant to the
				  following provisions:
(a) The amount of
				  personal care, supervision, and protection required by the resident is
				  available in the home.
(b) The
				  kinds of services and skills required of the home to meet the resident's needs
				  are available in the home.
(c) The
				  resident appears to be compatible with other residents and members of the
				  household.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Community and Health Systems › Homes for the Aged Facilities › Adult Foster Care Family Homes Licensing Rules › Section R. 400.1408 - Resident care; licensee responsibilities

Current through Vol. 24-12, July 15, 2024
Rule 8.
(1) A
				  licensee shall provide basic self-care and habilitation training in accordance
				  with the resident's written assessment plan.
(2) A licensee shall assure the availability
				  of transportation services.
(3) A
				  licensee shall provide the following when specified in the resident's written
				  assessment plan:
(a) Direction and
				  opportunity for the growth and development of a resident which are achieved
				  through activities which foster independent functioning, such as dressing,
				  grooming, manners, shopping, cooking, money management, and use of public
				  transportation.
(b) Opportunity for
				  involvement in educational, employment, and day program
				  opportunities.