32-1646. Licensed nursing assistants; certified nursing assistants; board powers

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

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.