Section R4-19-814. Standards of Conduct for Certified Nursing Assistants and Certified Medication Assistants

For purposes of A.R.S. § 32-1601(22)(d), a practice or conduct that is or might be harmful or dangerous to the health of a patient or the public and constitutes a basis for disciplinary action on a certificate includes the following:

1.        Failing to maintain professional boundaries or engaging in a dual relationship with a patient, resident, or any member of the patient's or resident's family;

2.        Engaging in sexual conduct with a patient, resident, or any member of the patient's or resident's family who does not have a pre-existing relationship with the certificate holder, or any conduct while on duty or in the presence of a patient or resident that a reasonable person would inter- pret as sexual;

3.        Leaving an assignment or abandoning a patient or resi- dent who requires care without properly notifying the immediate supervisor;

4.        Failing to accurately and timely document care and treat- ment provided to a patient or resident, including, for a CMA, medications administered or not administered;

5.        Falsifying or making a materially incorrect entry in a health care record;

6.        Failing to follow an employer's policies and procedures, designed to safeguard the patient or resident;

7.        Failing to take action to protect a patient or resident whose safety or welfare is at risk from potential or actual incompetent health care practice, or to report the practice to the immediate supervisor or a facility administrator;

8.        Failing to report signs, symptoms, and changes in patient or resident conditions to the immediate supervisor in an ongoing and timely manner;

9.        Violating the rights or dignity of a patient or resident;

10.     Violating a patient or resident's right of privacy by dis- closing confidential information or knowledge concern- ing the patient or resident, unless disclosure is otherwise required by law;

11.     Neglecting or abusing a patient or resident physically, verbally, emotionally, or financially;

12.     Failing to immediately report to a supervisor and the Board any observed or suspected abuse or neglect, including a resident or patient’s report of abuse or neglect;

13.     Soliciting, or borrowing, property or money from a patient or resident, or any member of the patient's or resi- dent's family, or the patient’s or resident’s guardian;

14.     Soliciting or engaging in the sale of goods or services unrelated to the certificate holder’s health care assign- ment with a patient or resident, or any member of the patient or resident’s immediate family, or guardians;

15.     Removing, without authorization, any money, property, or personal possessions, or requesting payment for ser- vices not performed from a patient, resident, employer, co-worker, or member of the public.

16.     Repeated use or being under the influence of alcohol, medication, or any other substance to the extent that judg- ment may be impaired and practice detrimentally affected or while on duty in any work setting;

17.     Accepting or performing patient or resident care tasks that the certificate holder lacks the education, compe- tence or legal authority to perform;

18.     Removing, without authorization, narcotics, drugs, sup- plies, equipment, or medical records from any work set- ting;

19.     Obtaining, possessing, using, or selling any narcotic, con- trolled substance, or illegal drug in violation of any employer policy or any federal or state law;

20.     Permitting or assisting another person to use the certifi- cate holder’s certificate or identity for any purpose;

21.     Making untruthful or misleading statements in advertise- ments of the individual's practice as a certified nursing assistant or certified medication assistant;

22.     Offering or providing certified nursing assistant or certi- fied medication assistant services for compensation with- out a designated registered nurse supervisor;

23.     Threatening, harassing, or exploiting an individual;

24.     Using violent or abusive behavior in any work setting;

25.     Failing to cooperate with the Board during an investiga- tion by:

a.         Not furnishing in writing a complete explanation of a matter reported under A.R.S. § 32-1664;

b.        Not responding to a subpoena or written request for information issued by the Board;

c.         Not completing and returning a Board-issued ques- tionnaire within 30 days; or

d.        Not informing the Board of a change of address or phone number within 10 days of each change;

26.     Cheating on the certification exam or providing false information on an initial or renewal application for certi- fication;

27.     Making a false or inaccurate statement to the Board or the Board's designee during the course of an investigation;

28.     Making a false or misleading statement on a nursing assistant, medication assistant or health care related employment or credential application;

29.     If an applicant or certificate holder is charged with a fel- ony or a misdemeanor, involving conduct that may affect patient safety, failing to  notify the Board,  in writing, within 10 working days of being charged under A.R.S. § 32-3208. The applicant or certificate holder shall include the following in the notification:

a.         Name,  current address, telephone  number,  Social Security number, and license number, if applicable;

b.        Date of the charge; and

c.         Nature of the offense;

30.     Failing to notify the Board, in writing, of a conviction for a felony or an undesignated offense within 10 days of the conviction. The applicant or certificate holder shall include the following in the notification:

a.         Name,  current address, telephone  number,  Social Security number, and license number, if applicable;

b.        Date of the conviction;

c.         Nature of the offense;

31.     For a medication assistant, performance of any acts asso- ciated with medication administration not specifically authorized by A.R.S. § 32-1650 et.seq; and

32.     Practicing in any other manner that gives the Board rea- sonable cause to believe that the health of a patient, resi- dent, or the public may be harmed.

33.     Violation of any other state or federal laws, rules or regu- lations.

Historical Note

New Section adopted by final rulemaking at 6 A.A.R. 757, effective February 4, 2000 (Supp. 00-1). Amended by final rulemaking at 11 A.A.R. 4254, effective Decem- ber 5, 2005 (Supp. 05-4). Amended by final rulemaking

at 14 A.A.R. 4621, effective January 31, 2009 (Supp. 08- 4). Antiquated statute reference in opening subsection revised at the request of Board under A.R.S. § 41- 1011(C), Office File No. M11-189, filed May 16, 2011 (Supp. 11-2). Pursuant to authority of A.R.S. § 41- 1011(C), Laws 2012, Ch. 152, § 1, provides for A.R.S. references to be corrected to reflect the renumbering of definitions. Therefore the A.R.S. citation in the opening subsection was updated. Agency request filed July 12,

2012, Office File No. M12-242 (Supp. 12-3). Amended by final rulemaking at 20 A.A.R. 1859, effective Septem- ber 8, 2014 (Supp. 14-3).