32-1646. Nursing assistants; board
powers
A. In the regulation of nursing assistants the board may:
1. 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 nursing assistant's certificate 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 certificate the existence of any substantiated complaints
against the certificate holder.
4. Deny certification or recertification or take disciplinary action if a nursing
assistant commits an act of unprofessional conduct. Disciplinary action against nursing
assistant certificates is limited to revocation, suspension, a decree of censure,
imposing a civil penalty and ordering restitution.
5. Issue a temporary nursing assistant certificate to an applicant who meets the
qualifications for certification specified in section 32-1645. The certificate expires
six months after the date of issuance and may be renewed at the discretion of the board.
6. 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 certificate of a person or not issue a certificate or
recertification 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 five or more
years prior to the date of filing an application pursuant to this chapter.
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