§ 131E-255. Nurse Aide Registry.
Article 15.
Health Care Personnel Registry.
§ 131E‑255. Nurse Aide Registry.
(a) Pursuant to 42 U.S.C. § 1395i‑3(e) and 42 U.S.C. §1396r(e), the Department shall establish and maintain a registry containing thenames of all nurse aides working in nursing facilities in North Carolina. TheDepartment shall include in the nurse aide registry any findings by theDepartment of neglect of a resident in a nursing facility or abuse of aresident in a nursing facility or misappropriation of the property of a residentin a nursing facility by a nurse aide.
(b) A nurse aide who wishes to contest a finding of residentneglect, resident abuse, or misappropriation of resident property made againstthe aide, is entitled to an administrative hearing as provided by the AdministrativeProcedure Act, Chapter 150B of the General Statutes. A petition for a contestedcase shall be filed within 30 days of the mailing of the written notice bycertified mail of the Department's intent to place findings against the aide inthe nurse aide registry.
(c) "Nursing facility", as used in this section, meansa "combination home" as defined in G.S. 131E‑101(1) and a"nursing home" as defined in G.S. 131E‑101(6) and also means"facility" as that term is defined in G.S. 131E‑116(2).
(d) The Commission shall adopt, amend, and repeal all rulesnecessary for the implementation of this section.
(e) No person shall be liable for providing any information forthe nurse aide registry if the information is provided in good faith. Neitheran employer, potential employer, nor the Department shall be liable for usingany information from the nurse aide registry if the information is used in goodfaith for the purpose of screening prospective applicants for employment orreviewing the employment status of an employee. (1991, c. 185, s. 1; c. 761, s. 26; 1995 (Reg. Sess.,1996), c. 713, ss. 3(a), (b).)