9317. DISCIPLINE

9317 DISCIPLINE 9317.1 The Board of Nursing may revoke, suspend, or deny recertification of any HHA who is convicted, during a period of certification, of any of the crimes as listed in § 9303.4 or any act specified in D.C. Official Code § 3-1205.14 (2012 Supp.). 9317.2 In addition to any other disciplinary action it may take, impose a civil penalty of not more than five thousand dollars ($5,000) per violation or file a letter of concern if the Board believes there is insufficient evidence to support direct action against the HHA. 9317.3 Grounds for denial, suspension, revocation or other discipline of a home health aide include the inability to function with reasonable skill and safety for the following reasons and for any additional acts as specified in D.C. Official Code § 3-1205.14: Substance abuse or other chemical dependency; Client abandonment; Fraud or deceit, which may include but is not limited to: Filing false credentials; Falsely representing facts on an application for initial certification, reinstatement or renewal; or Giving or receiving assistance in taking the competency evaluation. Client neglect, abuse or misappropriation of funds; Boundary violations; Unsafe client care; Performing acts beyond the HHA range of functions or beyond those delegated; Misappropriating or misusing property; A criminal conviction; Failing to conform to acceptable standards of practice as an HHA; Putting clients at risk of harm; or Violating the privacy or failing to maintain the confidentiality of client information. 9317.4 The Board shall maintain and make available all public disciplinary actions. 9317.5 A home health aide who is unable to perform his or her duties due to drug or alcohol dependency or mental illness may use the services offered under the Nurse’s Rehabilitation Program pursuant to D.C. Official Code §§ 3-12051.01, et seq. (2012 Repl.). 9317.6 The Board may refer for criminal prosecution any violation of the Health Occupations Revision Act, D.C. Official Code §§ 3-1201.01, et seq. (2012 Repl. & 2015 Supp.) that it deems appropriate. SOURCE: Final Rulemaking published at 59 DCR 8359 (July 13, 2012); as amended by Final Rulemaking published at 64 DCR 9594 (September 29, 2017). District of Columbia Municipal Regulations Business, Occupations, and Professionals 17 DCMR § 9317