Disciplinary actions

1. The department may suspend, revoke, or take other action provided in this section regarding the certification of a community health worker who: a. Has obtained or attempted to obtain certification or recertification as a community health worker by fraud, deceit, or intentional misrepresentation; b. Has been convicted of a crime determined by the department to be substantially related to the qualifications, functions, or duties of a community health worker; c. Has impersonated a licensed health care provider; d. Has operated as a community health worker without a certification from the department; e. Has intentionally or negligently engaged in conduct that has been determined by the department to have resulted in a significant risk to the health or safety of a client or in injury to a client; f. Used alcohol or drugs to such a degree as to interfere with the community health worker's ability to safely operate; g. Has a physical or mental disability materially affecting the ability of the community health worker to perform the duties of the profession in a competent manner; h. Has violated this chapter or North Dakota Century Code chapter 43-66; i. Has failed to cooperate with an investigation or disciplinary action by the department; j. Is incapable of working with reasonable skill, competence, or safety for the public; or k. Has misappropriated the property of, abused, or neglected a client. 2. A person may file a complaint against a community health worker with the department. The complaint must be signed and state the claims on a form provided by the department. The complaint may include supporting documentation. 3. Upon receiving the complaint, the department shall provide a copy of the complaint and any supporting documentation to the community health worker. 4. The community health worker has twenty days from the date the individual receives the complaint within which to file a response with the department. The response may include supporting documentation. 5. If the community health worker files a timely response, the department shall consider the complaint, response, and any documentation submitted by the parties, and based on this information, the department may: a. Dismiss the complaint as unfounded; or b. Determine there is a reasonable basis to believe the claims are true and subject to disciplinary action by the department. 6. If the department determines formal disciplinary action against the community health worker is proper, the department shall prepare a complaint and serve the complaint, along with a notice of hearing, on the community health worker and then proceed with the matter under North Dakota Century Code chapter 28-32. If the matter is unable to be informally resolved and a hearing is held under North Dakota Century Code chapter 28-32, all hearings must be held in Bismarck unless the department and the community health worker agree otherwise. 7. If the community health worker's employer continues to use the individual during the disciplinary action process, the employer shall take reasonable steps to prevent further harm to clients.