A. In the regulation of licensed nursing assistants, the board may:

Terms Used In Arizona Laws 32-1646

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Board: means the Arizona state board of nursing. See Arizona Laws 32-1601
  • Certified nursing assistant: means a person who is registered on the registry of nursing assistants pursuant to this chapter to provide or assist in delivering nursing or nursing-related services under the supervision and direction of a licensed nursing staff member. See Arizona Laws 32-1601
  • Disciplinary action: means a regulatory sanction of a license, certificate or approval pursuant to this chapter in any combination of the following:

    (a) A civil penalty for each violation of this chapter, not to exceed $1,000 for each violation. See Arizona Laws 32-1601

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Licensed nursing assistant: means a person who is licensed pursuant to this chapter to provide or assist in delivering nursing or nursing-related services under the supervision and direction of a licensed nursing staff member. See Arizona Laws 32-1601
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
  • Property: includes both real and personal property. See Arizona Laws 1-215
  • Unprofessional conduct: includes the following, whether occurring in this state or elsewhere:

    (a) Committing fraud or deceit in obtaining, attempting to obtain or renewing a license or a certificate issued pursuant to this chapter. See Arizona Laws 32-1601

1. Investigate allegations of violations of this article and refer criminal violations of this article to the appropriate law enforcement agency.

2. File a letter of concern if the board believes there is insufficient evidence to support direct action against the licensed nursing assistant‘s license but sufficient evidence for the board to notify the licensed nursing assistant of its concern.

3. Deny a license or refuse to renew a license or take disciplinary action if a licensed nursing assistant commits an act of unprofessional conduct.

4. Issue a temporary licensed nursing assistant license to an applicant who meets the qualifications for licensure specified in section 32-1645. The license expires six months after the date of issuance and may be renewed at the discretion of the board.

5. In addition to any other disciplinary action it may take, impose a civil penalty of not more than one thousand dollars for each violation of this chapter.

B. The board shall revoke a license of a person or not issue or renew a license to an applicant who has one or more felony convictions and who has not received an absolute discharge from the sentences for all felony convictions three or more years prior to the date of filing an application pursuant to this chapter.

C. In the regulation of certified nursing assistants the board may:

1. Investigate allegations of abuse, neglect or misappropriation of property and refer criminal violations to the appropriate law enforcement agency.

2. File a letter of concern if the board believes there is insufficient evidence to support direct action against the certified nursing assistant‘s registration but sufficient evidence for the board to notify the nursing assistant of its concern.

3. Pursuant to the omnibus budget reconciliation act of 1987 (P.L. 100-203; 101 Stat. 1330), as amended by the medicare catastrophic coverage act of 1988 (P.L. 100-360; 102 Stat. 683), indicate on the registration the existence of any substantiated complaints against the certified nursing assistant in compliance with Title 41, Chapter 6, article 10.

 

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