Removal of a Finding From the Certified Nurse Aide Registry

The Department of Health ("Department") has an established procedure through which an individual can petition to have a finding of neglect removed from the New York State Nurse Aide Registry.

An Individual who has a finding of neglect on the New York State Nurse Aide Registry ("Registry"), who fulfills the requirements, and who files a petition with the Department may have their finding removed from the Registry, if:

1. It has been at least one year since the date on which the finding was added to the Registry;
2. The employment and personal history of the individual does not reflect a pattern of abusive behavior, mistreatment, or neglect; and
3. The neglect involved in the original finding was a singular occurrence, without exacerbating features, including, but not limited to, failure to immediately report an accident; making false statements about an accident; engaging others to make false statements about an accident; moving a resident after a fall without an injury; assessment from a qualified professional; and requesting that the resident at issue not mention the accident.

Procedure:

• The individual must submit a written petition for removal of a finding of neglect from the New York State Nurse Aide Registry to include the following:
  1. A written statement indicating the justification for removal of the finding.
  2. A list of any rehabilitation or education relevant to the job duties of a CNA that have been completed since the negative finding.
  3. A detailed summary of their work experience for the period since the negative finding was placed on the New York State Nurse Aide Registry, including:
     1. employers' names;
     2. addresses;
     3. employment job titles;
     4. duties; and
     5. reason for leaving employment.
     These summaries must be provided on each employer's letterhead and be signed and dated by the supervisors. Employment recommendations and reference letters that speak to the individual's character may also be accepted.

Submit the completed petition and all supporting documentation for removal of a finding of neglect to:

• New York State Department of Health
  Division of Legal Affairs
  Bureau of Administrative Hearings
  Corning Tower, Room 2412
  Empire State Plaza
  Albany, New York 12237
  RE: Nurse Aide Registry Petition
  

The individual will be notified of the final determination in writing via postal mail.