As a student taking courses to become a certified Home Health Aide, you know better than most people how involved the training is. Training can cover a wide range of issues that you can expect to have to encounter in the home health care setting, from nutrition and meal preparation requirements to caring for a wide range of patients, including children, elderly people, mentally challenged individuals, people suffering from mental illnesses, dementia patients, and those with significant physical disabilities. You will learn about infection control, pain management, and basic aspects of human physiology.
As part of your training, you will likely spend time in an actual healthcare setting, where you will apply some of your learning to patients while under the supervision of a more experienced healthcare provider. Depending on where this is, you could find yourself in a situation where misconduct claims are made against you, which, of course, could seriously jeopardize your future as a certified Home Health Aide.
This is why you need to pay close attention if a misconduct claim is filed against you, both as a student and as a certified Home Health Aide. The Lento Law Firm Student Defense Team includes attorneys with years of experience helping students defend themselves against misconduct allegations that could derail their careers. We are ready to help you understand the claims against you, investigate the allegations on your behalf, and defend you against efforts to discipline you for the claimed misconduct.
The Home Health Aide Practice Requirement
Depending on your state, your Home Health Aide training program may include anywhere from 16 to 80 required hours of clinical or hands-on training, though training programs are allowed to exceed these minimums. This in-person training will have you working under the supervision of an experienced healthcare provider, who will help you put your classroom training into practice, and it will be a chance for you to test your own skills before you enter the Home Health Aide workforce.
Whether or not your state issues something called a license to Home Health Aides or calls it a certification, it's important to note that after completion of an approved training program, you will be subject to your state's rules and regulations for Home Health Aides. This is why it's a good idea to become familiar with those requirements early in your training so you don't mistakenly miss a deadline or fail to meet an ongoing requirement. In some cases, your employer may take care of much of that for you, for example, by providing you with annual in-service training or other types of mandatory continuing education.
What Kinds of Discipline Can Home Health Aide Students Encounter?
The types of discipline you can expect to face as a Home Health Aide depends, of course, on the type of misconduct you're alleged to have committed and the state in which you practice. State agencies responsible for licensing or certifying Home Health Aides typically have a wide range of disciplinary options available. These can include warnings, formal censures, suspension of your certification for a specific period of time, or a complete revocation of your license or certification. You may also be required to pay a fine. In some cases, you may be able to have your suspension lifted if you successfully complete certain training courses.
As a student, however, your discipline based on misconduct during your practical experience may be more limited. You will not be licensed or certified yet, and so you probably won't face discipline from the state. But it's possible that you could be disciplined by the organization that is providing your training. This could range from a simple verbal warning to something written that becomes part of your training record to the termination of your training.
If you are facing serious disciplinary allegations as part of your Home Health Aide training program, the experienced attorneys at the Lento Law Firm Student Defense Team can help you understand what's happening and help you defend yourself against the charges. We regularly help students at all levels across the country with disciplinary proceedings, and we have the knowledge and the background to quickly and efficiently help you if serious disciplinary charges are brought against you.
What Kinds of Conduct Can Result in Discipline?
Because of the relatively short time frame of most Home Health Aide clinical experience programs, the types of disciplinary issues that arise tend to be limited. These can include:
- Working while intoxicated or under the influence. If you show up for your training and appear to be intoxicated, or your supervisor discovers that you are under the influence of alcohol, marijuana, or prescription or non-prescription drugs of some kind, you can be subject to serious discipline. Home Health Aides are typically responsible for the day-to-day care of vulnerable patients, and you need to be at your best if you're to provide safe and effective health care to these people. In cases where you are unintentionally intoxicated – for example, where you are taking a prescription drug as prescribed and are having an unexpected reaction to it – you have a strong defense against these kinds of misconduct claims.
- Abusing a patient. You may be accused of being too rough with a patient with mobility issues or of arguing with a difficult patient and verbally abusing them. Sometimes, the allegations relate to sexual abuse, particularly because with certain types of patients, you must care for them when they need to use the bathroom or if they aren't able to control their bodily functions. It's important to understand the care requirements for these kinds of situations so that you don't inadvertently find yourself accused of abuse.
- Fraudulently claiming to have provided services. This is less likely during your training, but if you claim to have provided services to a patient that you did not actually provide, you may be accused of fraud against the patient or against the training service.
- Failing to administer medication properly. This is also a misconduct claim that you're not likely to encounter during your training period, but if you don't administer medication according to the directions, you can place your patient in danger and can be accused of misconduct.
How Are Misconduct Allegations Resolved?
Each training organization will have its own way of resolving misconduct allegations. It could be a very informal process, where a brief investigation is made into the misconduct claim, and a supervisor or director makes a decision on how you are to be disciplined based on that limited investigation. Obviously, this can result in situations where you aren't given a fair chance to understand the claims against you and defend yourself against them. In cases like this, being able to have an experienced student defense attorney help you discuss the matter with your training program can make all the difference between a situation where you're simply dismissed from the program and one where you are able to stay and complete your training. We at the Lento Law Firm Student Defense Team can help you if you've been quickly dismissed from your training program as a result of a misconduct claim.
Depending on the organization, there may be an investigation of the misconduct claims made against you. You could be notified if that investigation supports the claims, and you may have a chance to respond to them. Your response is crucial because a strong response that is backed up by evidence can make all the difference between the allegations resulting in your dismissal from your training program and your being able to continue with and finish your training. The Lento Law Firm Student Defense Team understands this, and they can help you by reviewing the allegations against you, determining whether there is additional information available that might help your defense, working with you to find that information, and then putting it all together with your response in a convincing and forceful way.
In some cases, you may have the opportunity to be heard in person, at a meeting, or perhaps in a hearing of some type. This will depend on the policies your training program has in place. The experienced attorneys from the Lento Law Firm Student Defense Team can help you if you have an opportunity to be heard, and in many cases, will be able to represent you directly in discussions and hearings involving your training program.
The Lento Law Firm Student Defense Team Can Help
Home healthcare is a growing sector of the healthcare employment market in the United States. With more people living longer and wanting to stay in their homes while they do so, the Bureau of Labor Statistics states that the number of home health care aides needed in the US is “projected to grow 25 percent from 2021 to 2031, much faster than the average for all occupations.” The demand for quality Home Health Care Aides is there; the Lento Law Firm Student Defense Team can help you make sure you are in a position to take advantage of it.
Our attorneys understand how stressful and confusing it can be when a misconduct claim is filed against you. We use our experience working with students all across the country to help you understand what's happening, help you investigate the allegations, and make sure your rights are respected while defending you as forcefully as possible.
If you've been notified that a misconduct complaint has been filed against you, don't wait – call the Lento Law Firm Student Defense Team today at 888.535.3686 or use our online contact form to set up an appointment for a confidential consultation. You don't have to face these allegations alone! We are here to listen and help.
