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Mass. Gen. Laws. Ann. ch. 111, §72J - Registry; establishment; documented findings of patient or resident abuse

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“Registry; establishment; documented findings of patient or resident abuse”
 
The department mustestablish and maintain a registry of all individuals who have been certified as nurse aides for employment in a facility and meet the federal requirements for competency.
 
The registry shall also contain specific documented findings, made in accordance with the provisions of this section, by the department of patient or resident abuse, mistreatment or neglect or misappropriation of patient. All facilities shall contact the registry prior to hiring an employee to ascertain if there is any finding of patient or resident abuse, mistreatment, neglect or misappropriation of patient or resident property against a nurse aide, home health aide or homemaker. A facility cannot hire an individual whose name appears in the registry with an adjudicated finding of patient or resident abuse, mistreatment, neglect or misappropriation of patient or resident property if such individual is under a suspension imposed by the department under the terms of this section.
 
The department must notify the nurse aide, home health aide or homemaker involved in an allegation,give a reasonable opportunity for a hearing to rebut such allegations, and make a finding as to the accuracy of the allegations. If the department finds that a nurse aide, home health aide or homemaker has abused, mistreated or neglected a patient or misappropriated patient or resident property it may suspend the individual from working as a nurse aide, home health aide or homemaker.  The department must include the terms of the suspension in the registry and no facility, home health agency or homemaker agency shall hire said individual until such suspension has been served to its completion.
 


Current as of June 2015