CNAs and Disciplinary Actions

CNAs, or certified nurses’ assistants, are some of the unsung heroes of the medical profession. Frequently, a CNA’s job is not glorious; it is generally challenging and often goes unrecognized. However, CNAs perform an invaluable service to the patients they serve. CNAs help patients maintain a sense of personal dignity and provide the type of care that helps the patients exist from day to day.

The CNA’s primary duties such as assisting a patient dress, eat, groom, or take vital signs and administer medications might not seem like the type of profession in which someone could run afoul of the professional rules of licensing. Nothing could be further from the truth. CNAs interact with people at the most basic levels. Therefore, a CNA must exercise the utmost discretion and professionalism. Behavior that might seem like a CNA exerting undue influence over a patient could be innocent interaction and genuine care. Notwithstanding, a suspicious family protecting their loved one might misconstrue your actions and file a complaint with the board of nursing to report your alleged unethical behavior.

What Should You Do If You Learn You Are Under Investigation?

You have the right to representation by the counsel of your choosing if you are under investigation for a licensing or ethical violation. The board of nursing or another investigating body has no obligation to appoint an attorney to represent you. That does not mean that these proceedings are insignificant or that you could talk your way out of it. Quite the contrary. You should seek the assistance of an established, knowledgeable, skilled, and experienced professional licensing attorney to defend you against these allegations. If you are a CNA in Kansas or Missouri, professional licensing attorney Danielle Sanger enjoys the reputation as a zealous advocate for CNAs and all professional licensees facing discipline.

Investigations into reports of wrongdoing frequently lead to complaints issuing seeking professional discipline. Sometimes the claims are resolved in the licensee’s favor because the allegations are baseless but not always. The investigating body does not need to uncover a significant amount of evidence to issue a complaint. Consequently, you have rights to ensure that you receive a fair hearing before the government takes away your CNA license.

What Rights Do You Have As A CNA?

Every professional licensee has the right to a fair hearing before the government imposes sanctions upon you CNA license. Those rights are guaranteed by the Due Process Clause of the United States Constitution as well as state constitutions and laws. In addition to the right to have an attorney represent you, as described above, the right to a fair hearing included many important rights. Those rights include:

  • The right to a fair hearing before a neutral and impartial fact-finder,
  • The right to present witnesses and evidence on your behalf,
  • The right to confront and cross-examine witness who testify against you,
  • The right to notice of the allegations made against you and to see the government’s evidence, and
  • The right to appeal any decisions made by the licensing board to a court of law for judicial review.

Types Of Discipline You Could Face

Having a skilled administrative law attorney on your side during every phase of the professional disciplinary process, including the penalty phase, is vital to your future as a CNA. If the complaint against you is sustained, you could face the following sanctions on your CNA license:

  • Censure,
  • Reprimand,
  • Probation with conditions of practice on your license,
  • Suspension, and
  • Revocation.

Contact Attorney Danielle Sanger Immediately Upon Learning You Could Face Discipline

Call Kansas and Missouri Professional Licensing Attorney Danielle Sanger at 785-979-4353 to schedule a free consultation. Attorney Sanger possesses the knowledge and experience to aggressively represent you against professional discipline.