Hickey v. North Dakota Department of Health & Consolidated Laboratories

LEVINE, Justice.

• The North Dakota Department of Health and Consolidated Laboratories [the Department] appeals from a district court judgment reversing the Department’s order that two findings of patient abuse by Sherry Hickey be documented on the nurse aide registry. We reverse the judgment and remand for entry of judgment affirming the Department’s order.

In accordance with federal funding requirements for nursing homes, the Department maintains a registry of all persons who have completed training to work as a nurse aide. See 42 C.F.R. § 483.156 (1994); Ch. 33-07-06, N.D.A.C. Validated…