| 82 | | - | Passed the House of Representatives the 21st day of March, 2022. |
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| 95 | + | policies, and the employer shall verify the training of the |
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| 96 | + | personnel and competencies to perform the tasks . |
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| 97 | + | SECTION 2. AMENDATORY 63 O.S. 2021, Section 1 -1951, is |
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| 98 | + | amended to read as follows: |
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| 99 | + | Section 1-1951. A. The State Depart ment of Health shall have |
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| 100 | + | the power and duty to: |
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| 101 | + | 1. Issue certificates of training and competency for nurse |
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| 102 | + | aides; |
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| 103 | + | 2. Approve training and competency programs including, but not |
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| 104 | + | limited to, education-based programs and employer -based programs, |
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| 105 | + | including those programs established pursuant to Section 223.1 of |
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| 106 | + | Title 72 of the Oklahoma Statutes; |
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| 107 | + | 3. Determine curricula and standards for training and |
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| 108 | + | competency programs. The Departme nt shall require such training to |
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| 109 | + | include a minimum of ten (10) hours of tra ining in the care of |
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| 110 | + | Alzheimer's patients; |
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| 111 | + | 4. Establish and maintain a registry for certified nurse aides |
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| 112 | + | and for nurse aide trainees; |
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| 113 | + | 5. Establish categories and standards for n urse aide |
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| 114 | + | certification and registration, including feeding assistants as |
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| 115 | + | defined in 42 CFR Parts 483 and 488; |
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| 116 | + | 6. Exercise all incidental powers as necessary and proper to |
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| 117 | + | implement and enforce the provisions of this section; and |
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| 145 | + | 7. Suspend or revoke any certification issued to any nurse |
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| 146 | + | aide, if: |
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| 147 | + | a. the nurse aide is found to m eet any of the |
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| 148 | + | requirements contained in subsection D of Section 1 - |
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| 149 | + | 1947 of this title, |
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| 150 | + | b. the nurse aide is found to me et any of the |
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| 151 | + | requirements contained in subsection C of Secti on 1- |
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| 152 | + | 1950.1 of this title, or |
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| 153 | + | c. the nurse aide is found to have committed a buse, |
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| 154 | + | neglect or exploitation of a resident or |
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| 155 | + | misappropriation of resident or client property |
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| 156 | + | pursuant to the requirem ents contained in paragraph 7 |
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| 157 | + | of subsection D F of this section. The action to |
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| 158 | + | revoke or suspend may be included with the filing of |
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| 159 | + | any action pursuant to the requirements of paragraph 7 |
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| 160 | + | of subsection D F of this section. |
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| 161 | + | B. The State Board of Health sha ll promulgate rules t o |
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| 162 | + | implement the provisions of this section a nd shall have power to |
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| 163 | + | assess fees. |
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| 164 | + | 1. Each person certified as a nurse aide pursuant to the |
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| 165 | + | provisions of this section shall be required to pay certification |
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| 166 | + | and recertification fees in amo unts to be determined by the State |
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| 167 | + | Board of Health, not to exceed Fifteen Dollars ($15.00). |
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| 87 | | - | Presiding Officer of the House |
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| 88 | | - | of Representatives |
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| 195 | + | 2. In addition to the certification and rece rtification fees, |
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| 196 | + | the State Board of Health may impose fees for training or education |
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| 197 | + | programs conducted or approved by the Department, exce pt for those |
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| 198 | + | programs operated by the Oklaho ma Department of Veterans Affairs. |
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| 199 | + | 3. All revenues collected as a resul t of fees authorized in |
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| 200 | + | this section and imposed by the Board shall be deposited into the |
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| 201 | + | Public Health Special Fund. |
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| 202 | + | C. Only a person who has qualified as a certified nurse aide |
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| 203 | + | and who holds a valid current nurse aide certificate for use in this |
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| 204 | + | state shall have the right and privilege of using the title |
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| 205 | + | Certified Nurse Aide and to use the abbreviation CNA after the nam e |
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| 206 | + | of such person. Any person who violates the provisions of this |
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| 207 | + | section shall be subject to a civil monetary penalty to be assessed |
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| 208 | + | by the Department. |
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| 209 | + | D. A person qualified by the Department as a certified nurse |
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| 210 | + | aide shall be deemed to have met the requ irements to work as a home |
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| 211 | + | health aide pursuant to the provisions of the Home Care Act and |
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| 212 | + | shall require no further licensure for perform ing services within |
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| 213 | + | the scope of practice of home health aides. |
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| 214 | + | E. A person qualified by the Department as a certified nurse |
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| 215 | + | aide shall be subject to the provisions of Section 1 of th is act. |
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| 216 | + | F. 1. The State Department of Health shall establish and |
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| 217 | + | maintain a certified nurse aide, nurse aide trainee and feeding |
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| 218 | + | assistant registry that: |
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| 91 | | - | Passed the Senate the ___ day of __________, 2022. |
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| 246 | + | a. is sufficiently accessible to pr omptly meet the needs |
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| 247 | + | of the public and employers, and |
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| 248 | + | b. provides a process for notification and investigation |
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| 249 | + | of alleged abuse, exploit ation or neglect of residents |
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| 250 | + | of a facility or home, clients of an agency or center, |
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| 251 | + | or of misappropriation of resident or client property. |
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| 252 | + | 2. The registry shall contain information a s to whether a nurse |
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| 253 | + | aide has: |
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| 254 | + | a. successfully completed a certified nur se aide training |
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| 255 | + | and competency examination, |
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| 256 | + | b. met all the requirements for certification, or |
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| 257 | + | c. received a waiver fro m the Board. |
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| 258 | + | 3. The registry shall include, but not be limited t o, the |
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| 259 | + | following information on each certified nurse aide or nurse aide |
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| 260 | + | trainee: |
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| 261 | + | a. the full name of the individual, |
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| 262 | + | b. information necessary to identify each individual. |
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| 263 | + | Certified nurse aides and nurse aide trainees shall |
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| 264 | + | maintain with the registry curre nt residential |
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| 265 | + | addresses and shall notify the registry, in writing, |
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| 266 | + | of any change of name. Notification of change of name |
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| 267 | + | shall require certified copies of any marriage license |
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| 268 | + | or other court document which reflects the change of |
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| 269 | + | name. Notice of change o f address or telephone number |
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| 297 | + | shall be made within ten (10) days of the effected |
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| 298 | + | change. Notice shall not be accepted over the phone, |
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| 299 | + | c. the date the individual became eligible for placement |
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| 300 | + | in the registry, and |
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| 301 | + | d. information on any finding of the Depart ment of abuse, |
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| 302 | + | neglect or exploitation by the certified nurse aide or |
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| 303 | + | nurse aide trainee, including: |
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| 304 | + | (1) documentation of the Department's investigation, |
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| 305 | + | including the nature of the allegatio n and the |
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| 306 | + | evidence that led the Department to confirm the |
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| 307 | + | allegation, |
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| 308 | + | (2) the date of the hearing, if requested by the |
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| 309 | + | certified nurse aide or nurse aide trainee, and |
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| 310 | + | (3) statement by the individual disputing the finding |
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| 311 | + | if the individual chooses to make o ne. |
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| 312 | + | 4. The Department shall include the information specified in |
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| 313 | + | subparagraph d of paragraph 3 of this subsection in the registry |
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| 314 | + | within ten (10) working days of the substantiating finding and it |
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| 315 | + | shall remain in the registry, unless: |
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| 316 | + | a. it has been determined by an administrative law judge, |
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| 317 | + | a district court or an appea l court that the finding |
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| 318 | + | was in error, or |
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| 319 | + | b. the Board is notified of th e death of the certified |
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| 320 | + | nurse aide or nurse aide trainee. |
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| 96 | | - | Presiding Officer of the Senate |
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| 348 | + | 5. Upon receipt of an allegation of abuse, exploitation or |
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| 349 | + | neglect of a resident or client, or an allegation of |
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| 350 | + | misappropriation of resident or client property by a certified nurse |
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| 351 | + | aide or nurse aide trainee, the Department shall place a pending |
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| 352 | + | notation in the registry until a final determination has been made. |
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| 353 | + | If the investigation, or administrative hearing held to determine |
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| 354 | + | whether the certified nurse aide or nurse aide trainee is in |
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| 355 | + | violation of the law or rules promulgated pursuant thereto, reveals |
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| 356 | + | that the abuse, exploitation or neglect, or misappropriation of |
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| 357 | + | resident or client property was unsubstantiated, the pending |
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| 358 | + | notation shall be removed within twenty -four (24) hours of receipt |
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| 359 | + | of notice by the Department. |
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| 360 | + | 6. The Department shall, after notice to the individuals |
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| 361 | + | involved and a reasonable opportunity for a hearing, make a finding |
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| 362 | + | as to the accuracy of the allegatio ns. |
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| 363 | + | 7. If the Department after notice and opportunity for hearing |
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| 364 | + | determines with clear and convincing evidence that abuse, neglect or |
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| 365 | + | exploitation, or misappropriation of resident or client property has |
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| 366 | + | occurred and the alleged perpetrator is the person who committed the |
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| 367 | + | prohibited act, notice of the findings shall be sent t o the nurse |
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| 368 | + | aide and to the district attorney for the county where the abuse, |
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| 369 | + | neglect or exploitation, or misappropriat ion of resident or client |
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| 370 | + | property occurred and to the Medicaid F raud Control Unit of the |
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| 371 | + | Attorney General's Office. Notice of ineligibi lity to work as a |
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| 399 | + | nurse aide in a long-term care facility, a residential care |
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| 400 | + | facility, assisted living facility, day c are facility, or any entity |
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| 401 | + | that requires certification of nurse aides, and notice of any |
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| 402 | + | further appeal rights shall also be sent to the nurse aide. |
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| 403 | + | 8. In any proceeding in which the Department is required to |
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| 404 | + | serve notice or an order on an individual, th e Department may send |
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| 405 | + | written correspondence to the address on fi le with the registry. If |
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| 406 | + | the correspondence is returned and a notation of the United States |
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| 407 | + | Postal Service indicates "unclaimed" or "moved" or "refused" or any |
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| 408 | + | other nondelivery markings and the records of the registry indicate |
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| 409 | + | that no change of address a s required by this subsection has been |
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| 410 | + | received by the registry, the not ice and any subsequent notices or |
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| 411 | + | orders shall be deemed by the court as having been legally served |
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| 412 | + | for all purposes. |
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| 413 | + | 9. The Department shall require that each facility check the |
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| 414 | + | nurse aide registry before hiring a person to work as a nurse aide. |
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| 415 | + | If the registry indicates that an individual has been found, as a |
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| 416 | + | result of a hearing, to be personally responsible for abuse, neglect |
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| 417 | + | or exploitation, that individual shall not be hired by t he facility. |
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| 418 | + | 10. If the state finds that any other individual employed by |
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| 419 | + | the facility has neglected, abused, misappropriated property or |
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| 420 | + | exploited in a facility, the Department shall notify the appropriate |
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| 421 | + | licensing authority and the district attorney fo r the county where |
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| 422 | + | |
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| 423 | + | HB3892 HFLR Page 9 |
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| 424 | + | BOLD FACE denotes Committee Amendments. 1 |
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| 449 | + | the abuse, neglect or exploitation, or misappropriati on of resident |
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| 450 | + | or client property occurred. |
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| 451 | + | 11. Upon a written request by a certified nurse aide or nurse |
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| 452 | + | aide trainee, the Board shall provide within twenty (20) working |
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| 453 | + | days all information on the record of the certified nurse aide or |
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| 454 | + | nurse aide trainee when a finding of abuse, exploitation or neglect |
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| 455 | + | is confirmed and placed in the registry. |
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| 456 | + | 12. Upon request and except for the names of residents and |
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| 457 | + | clients, the Department shall dis close all of the information |
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| 458 | + | relating to the confirmed determination of abuse, exploitation and |
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| 459 | + | neglect by the certified nurse aide or nurse aide trainee to the |
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| 460 | + | person requesting such informa tion, and may disclose additional |
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| 461 | + | information the Department dete rmines necessary. |
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| 462 | + | 13. A person who has acted in good faith to comply wi th state |
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| 463 | + | reporting requirements and this section of law shall be immune from |
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| 464 | + | liability for reporting allegations of abu se, neglect or |
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| 465 | + | exploitation. |
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| 466 | + | F. G. Each nurse aide trainee shall wear a badge which clearly |
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| 467 | + | identifies the person as a nurse aide traine e. Such badge shall be |
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| 468 | + | furnished by the facility employing the trainee. The badge shall be |
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| 469 | + | nontransferable and shall include the first and last name of the |
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| 470 | + | trainee. |
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| 471 | + | G. H. 1. For purposes of this section, "feeding assistant" |
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| 472 | + | means an individual who is p aid to feed residents by a facility or |
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| 473 | + | |
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| 474 | + | HB3892 HFLR Page 10 |
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| 475 | + | BOLD FACE denotes Committee Amendments. 1 |
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| 500 | + | who is used under an ar rangement with another agency or organization |
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| 501 | + | and meets the requirements cited in 42 CFR Parts 483 and 488. |
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| 502 | + | 2. Each facility that employs or contracts employment of a |
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| 503 | + | feeding assistant shall ma intain a record of all individuals, used |
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| 504 | + | by the facility as fe eding assistants, who have successfully |
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| 505 | + | completed a training course approved by the state for paid feeding |
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| 506 | + | assistants. |
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| 507 | + | SECTION 3. This act shall become effective November 1, 2022. |
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| 508 | + | |
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| 509 | + | COMMITTEE REPORT BY: COMMITTEE ON PUBLIC HEALTH, dated 03/02/2022 - |
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| 510 | + | DO PASS, As Amended and Coauthored. |
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