(a)

1. (1) The Department of Human Services shall establish and maintain a registry of all individuals who have satisfactorily completed the training and competency examination program requirements.
2. (2) The Certified Nursing Assistant/Employment Clearance Registry shall be incorporated into the Adult and Long-term Care Facility Resident Maltreatment Central Registry which shall include substantiated administrative findings of abuse, neglect, or misappropriation of resident property for certified nursing assistants.

(c) The Certified Nursing Assistant/Employment Clearance Registry record, for each individual who has successfully obtained certification as a long-term care facility nursing assistant shall contain the following information:

1. (1) Individual’s full name;
2. (2) Date of birth;
3. (3) Name and date of the successfully completed state-approved training program;
4. (4) Certification number and date of issuance;
5. (5) Current active or inactive status; and
6. (6) Most recent recertification date.

(d)

1. (1) The department shall review and investigate allegations of neglect, abuse, or misappropriation of resident property by a nursing assistant.
2. (2) A nursing assistant shall be given written notice by the department of a finding on an allegation and must request, in writing, a formal hearing within thirty (30) days of receipt of the notice, or the right to a hearing shall be waived.
3. (3) Following any appeal, the Certified Nursing Assistant/Employment Clearance Registry and the nursing assistant shall be notified of the findings.
4. (4) If the finding is substantiated either by the individual’s failure to appeal or by issuance of a final administrative order, the Certified Nursing Assistant/Employment Clearance Registry shall include the documented findings involving an individual listed in the Certified Nursing Assistant/Employment Clearance Registry, as well as any brief statement of the individual disputing the findings (see 20 CAR § 403-604 for the process to petition to remove findings of neglect).

(e)

1. (1) The department, in the case of inquiries to the Certified Nursing Assistant/Employment Clearance Registry, shall verify if the individual is listed in the Certified Nursing Assistant/Employment Clearance Registry and shall disclose any information concerning a finding of resident neglect, resident abuse, or misappropriation of resident property involving an individual listed in the Certified Nursing Assistant/Employment Clearance Registry.
2. (2) It shall also disclose any statement by the individual related to the finding or a clear and accurate summary of such a statement.