Ok. I rearragned the letter to be more consistant with events. I have included it for you to go over. If there is anything else you can suggest, please feel free.
I am requesting an Administrative Hearing to appeal the CNA Registry’s decision to deny my
entrance onto the Registry. This appeal is based on 10-144 CMR Ch 128, section 6 6.3.1 – the denial of my CNA Registry Application.
After a conversation with Assistant Director XXXXX XXXXX, she offered to send me a copy of the current rules from which she has referred to in a previous conversation. I agreed and received them a few days later.
After reading them, I came across a rule which I felt qualified me to submit my application. I filled out the application, attached the required paperwork and wrote a letter stating the rule I had found. Please see the attached letter as Exhibit “A”.
On October 25, 2010, I received a letter dated October 18, 2010 stating I was denied based on not meet the criteria to be eligible to take the Bridge Examination. Please see the attached letter as Exhibit “B”.
Because I do not meet the requirements to get on to the Registry without a Bridge Examination, I should be allowed to take the Bridge Examination according to the rules stated below:
In conversations with the CNA Registry, it was stated that I could not make up the 12 hours by Continuing Education Units (CEU’s) or additional training or classes. As per Federal Regulation Title 42 Section 483.150 (b)(1)(ii), I could meet the requirements if I took CEU’s or “supervised nurse aid training.” I have offered to take a Phlebotomy course (which requires you be an LNA) in order to make up the hours I’m missing. I currently have 4 CEU’s offered by the State of New Hampshire. The fact that I willingly offered to take a twenty (20) hour plus course that would be considered beyond the CNA training spectrum, and was still denied is unreasonable. There are no rules, laws or regulations in Maine regarding this matter.
In a letter dated October 18, 2010, the Registry stated I could be granted a 4 month temporary listing while I take the Maine CNA course while working as a CNA in a nursing home only. According to the MSBON rule 02-380 CMR Ch 5, section 5 (B) – Temporary listing exception – A CNA who received training in another jurisdiction that does not meet the requirements for certification in Maine may request temporary listing on the Maine Registry, pending completion of the MSBON prescribed Bridge Examination. The temporary listing shall be in effect for a maximum of 4 months and shall not be renewed.” This rule comes after the listing of requirements and does not list any exceptions or disqualifications within the rule or after it. In no other portion of the Maine rules provided by the CNA Registry does it mention a 4 month Temporary Listing. It also states Bridge Examination not approved CNA course.
Also according to 10-144 CMR Ch 128, section 3 184.108.40.206 – Test for non-traditional CNAs, testing may be taken by qualified CNAs including but not limited to A CNA who received training in another jurisdiction that is at least equal to the Maine minimum of approved CNA training required by the rules. My interpretation of this rule is CNAs not meeting the minimum requirements can take the test based on the training they received if it covered all the Prescribed Curriculum for CNAs. I have completed an LNA training course in New Hampshire totaling 168 hours (12 hours short of the Maine minimum.) Since this course is the most comprehensive in New Hampshire and far out qualifies its participants than the Federal requirements, I fit into the “including but not limited to” portion of the rule according to the language of MSBON rule 02-380 CMR Ch 5, section 5 (B).
In conclusion, it is unacceptable that the Registry be allowed to grant portions of rules and laws and not the entire rule or law.
The CNA Registry is requiring me to take the entire course over again because of the 12 hour lack for certification. Requiring me to take the course for this reason is absolutely extreme and unreasonable. Considering I can go to any other state, fill out the application, get a certification and provide care.
I will double space the original once we are done. No the letter is not in Italics. Just wanted to let you know when it begins and ends.