Appeals and Disciplinary Process

• Sections:
• Applicant Appeals Process
• Disciplinary Action and Appeals For Misrepresentation and Non-Compliance

CRNI® Applicant Appeals Process
Policy #402

Rationale:

To provide a system that allows an applicant who has been denied eligibility to sit for the exam, a process to appeal said decision

Policies:

1. Any individual who is seeking an amendment of a decision in which it has been determined that the individual is ineligible to sit for the CRNI® certification examination or to renew CRNI® certification status may appeal said decision.
2. Any applicant who fails the exam and believes the exam was incorrectly graded, alleges testing conditions that were severe enough to cause a major disruption of the exam process, or believes that the exam was administered in a manner inconsistent with INCC policy may appeal the examination result.
3. The individual requesting the Appeal Process shall bear the burden of establishing that the decision to deny eligibility resulted from an erroneous factual determination by INCC or was arbitrary, capricious, or unreasonable or that the failing exam score was a result of incorrect grading or significantly adverse exam conditions as noted above.
4. Both the review and appeal phase of this process is conducted by the INCC Board of Directors.

Procedures:

1. Individual must submit a written request for an appeal to INCC within 15 calendar days of notification of your denial of eligibility to sit for the examination or to renew or of notification of a failing exam score.
2. The written request must include:
   • the reason(s) you believe the decision is erroneous, arbitrary, capricious, or unreasonable;
   • any information, documentation, or facts that are relevant to your case.
3. INCC will acknowledge receipt of your request by mail within 5 business days.
4. All information related to your case will be reviewed by the INCC Board of Directors at the earliest possible convenience, and you will be informed of the outcome of this review in a certified letter.
5. The decision of the Board of Directors is final.

CRNI^® Disciplinary Action and Appeals For Misrepresentation and Non-Compliance

Policy #403

Rationale:

To provide a fair and consistent process to address misrepresentation and non-compliance complaints and appeals

The designation CRNI® has gained national recognition by health care professionals, employers and patients.

With the significant national credibility possessed by the CRNI® credential comes the responsibility to ensure the integrity of the credential awarded.  By virtue of the position and credential held by the certified nurse, professional competence and integrity must be adhered to at all times.

To protect the public from those that attempt to violate ethical procedures or attempt to misrepresent their qualifications as credentialed practitioners, the INCC Board of Directors has established the Disciplinary Committee to investigate and make recommendations concerning alleged violations.

INCC may render sanctions against an applicant or certificant in the case of but not limited to the following:

• Irregularity in connection with the CRNI® examination
• Failure to pay fees required by INCC in a timely manner
• Unauthorized possession of, use of or access to CRNI examinations, INCC logos, the name Infusion Nurses Certification Corporation, the term Certified Registered
• Nurse Infusion and abbreviations relating thereto, and any other INCC documents and materials
• Obtaining or attempting to obtain certification or recertification by a false or misleading statement or failure to make a required statement, fraud, or deceit in an application, reapplication or any other communication to INCC
• Misrepresentation of CRNI certification or certification status
• Failure to fully cooperate in any INCC disciplinary investigation or proceeding
• Suspension, limitation or sanction of license by a regulatory body or agency
• Other violation of an INCC rule of professional conduct, standard or policy or procedure, or other behavior which would be detrimental to the profession and patients it serves, as provided in any INCC brochure or publications provided to candidates or certificants.

The Disciplinary Committee shall consist of 3 members who possess the CRNI credential. Members will be approved by majority vote of the INCC Board of Directors.  One member will be designated chairperson by the INCC Chair.  The members’ term of office will be three years and may be renewed.  Committee action shall be determined by a majority vote.

Allegations of a violation of the INCC rules, ethics, standards, policy or procedures will be referred to the INCC Chair for disposition.  The INCC Chair will initially provide written notice of the allegations to the individual.  The individual is given an opportunity to respond within 30 days in writing to clarify the matter or provide other pertinent information.

If the INCC Chair determines there is insufficient basis for the charge or if the charge is not appropriate for the Committee’s attention, the INCC Chair may dismiss the charge.  If reasonable belief exists that the charges warrant consideration, the INCC Chair will convene the Disciplinary Committee.  They will review all facts pertinent to the charge(s), contact all parties to determine the details surrounding the charge, and seek to schedule a hearing within 60 days of convening.  All correspondence between the Disciplinary Committee and the charged party will be sent certified mail, restricted delivery or return receipt requested.

Following the 60-day period, the Disciplinary Committee will conduct a hearing on the allegations and provide written notification to all parties.  If the charged party does not respond with complaint or requests that a hearing not be conducted, the Committee will consider the alleged violation, all facts and determine what disciplinary action if any to be taken.  The Committee will inform the charged party and the INCC Chair of its decision.

During a disciplinary hearing, the testimony of witnesses and other evidence regarding the alleged violation shall be received by the Committee.  All written material will be notarized if not submitted in person.  The charged party shall have the opportunity to cross examine witnesses and shall have access to any other evidence received by the Committee.  A record of the hearing shall be made.  The Disciplinary Committee shall base its decision solely on the record of the hearing.

The Committee shall reach its decision, list specific facts to support the conclusions and any sanctions rendered.  A copy of the decision will be sent to the charged party and complainant.

The Committee considers each violation separately and makes decisions regarding the appropriate punishment.  In doing this they may include but are not limited to one or more of the following:

• Deletion from active credentialed status for a specified or indefinite period of time
• Suspension of a credential for an indefinite or specified period of time
• Suspension from the examination for an indefinite or specified period of time
• Non-renewal of certification for a specified or indefinite period of time
• Notification of other licensing or certification agencies or appropriate persons of INCC findings

Final decisions will be made public.

If the decision rendered by the Disciplinary Committee is not favorable to the charged party, he/she may appeal the decision to the INCC Board of Directors by submitting a written statement within 30 days of receipt of the decision.

The INCC Board of Directors shall review the record of the hearing without an oral hearing.  The Board of Directors will render a majority decision whether to affirm, modify, vacate, reverse or remand the decision of the Disciplinary Committee.  In all cases, the decision of the Board of Directors shall be deemed final.