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STATE OF OKLAHOMA
1st Session of the 59th Legislature (2023)
SENATE BILL 370 By: Garvin
AS INTRODUCED
An Act relating to long-term care; amending 63 O.S.
2021, Section 1-1950.1, which relates to criminal
history background check for nurse aide; modifying
time period of certain requirement ; modifying certain
restrictions on employment; creating certain
exemption from additional background check; amending
63 O.S. 2021, Section 1-1950.3, which relates to
nurse aides; adding exception to certain employment
prohibition; broadening applicability of certain
requirements; modifying requiremen t for direct
contact with residents; specifying certain
supervision requirements; allowing certified nurse
aide to begin certain training immediately upon
certification; authorizing certified me dication aide
to administer oxygen under specified condition;
directing promulgation of certain rules; amending 63
O.S. 2021, Section 1-1951, which relates to
certification, training, and registration of nurse
aide; stipulating period of approval for training and
competency programs; requiring, permitting, and
prohibiting withdrawal of training program under
specified conditions; providing for reapplication of
withdrawn program; directing State Department of
Health to administer competency examinations to
certain nurse aides; authorizing certain contracts;
directing certification of certain individu als;
requiring provision of certain form; stating
requirements for employer-based long term care aide
training program; stipulating certain recertification
procedures; clarifying applicability of certain
provisions; directing promulgation of certain rules;
updating statutory language; and providing an
effective date.
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BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1950.1, is
amended to read as follows:
Section 1-1950.1. A. For purposes of this section:
1. “Nurse aide” means any person who pr ovides, for
compensation, nursing care or h ealth-related services to residents
in a nursing facility, a specialized facility, a residential care
home, continuum of care facility, assisted liv ing center or an adult
day care center and who is not a licensed health professional. Such
term also means any person who provides such services to individuals
in their own homes as an employee or contract provider of a home
health or home care agency, or as a contract provider of the
Medicaid State Plan Personal Care Program;
2. “Employer” means any of the following facilities, homes,
agencies or programs which are subject to the provision of this
section:
a. a nursing facility or specialized facility as such
terms are defined in the Nursing Home Care Act,
b. a residential care home as such term is defined by the
Residential Care Act,
c. an adult day care center as such term is defined in
the Adult Day Care Act,
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d. an assisted living center as such term i s defined by
the Continuum of Care and Assisted Living Act,
e. a continuum of care facility as such term is defined
by the Continuum of Care and Assisted Living Act,
f. a home health or home care agency,
g. the Department of Human Services, in its capacity as
an operator of any hospital or health care institution
or as a contractor with providers under the Medic aid
State Plan Personal Care Program,
h. any facility operated by the Oklahoma Department of
Veterans Affairs, and
i. any facility approved and annu ally reviewed by the
United States Department of Veterans Affairs as a
medical foster home in which care is provided
exclusively to three or fewer veterans;
3. “Home health or home care agency” means any person,
partnership, association, corporation or ot her organization which
administers, offers or provides health car e services or supportive
assistance for compensation to three or more ill, disabled, or
infirm persons in the temporary or permanent residence of such
persons, and includes any subunits or br anch offices of a parent
home health or home care agency;
4. “Bureau” means the Oklahoma State Bureau of In vestigation;
and
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5. “Completion of the sentence” means the last day of the
entire term of the incarceration imposed by the sentence including
any term that is deferred, suspended or subject to parole.
B. Before any employer makes an offer to employ or to contract
with a nurse aide begins employment or a contract to provide nursing
care, health-related services or supportive assistance to any
individual, the employer shall provide for a criminal history
background check to be made on the nurse aide pursuan t to the
provisions of the Long-Term Care Security Act. If the employer is a
facility, home or institution which is part of a larger complex of
buildings, the requirement of a criminal history background check
shall apply only to an offer of employment or contract made to a
person who will work pr imarily in the immediate boundaries of the
facility, home, or institution.
Where the provisions of the Lo ng-Term Care Security Act
pertaining to registry screenin gs and national criminal history
record check checks are not in effect pending an effective date
established in rulemaking, an employer is authorized to obtain any
criminal history background records maintained by the Bureau
pursuant to the following:
1. The employer shall request the Bureau to conduct a criminal
history background check on the nurse aid e and shall provide to the
Bureau any relevant information required by the Bureau to conduct
the check. The employer shall pay a fee of Fifteen Dollars ($15.00)
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to the Bureau for each criminal history back ground check that is
conducted pursuant to such a request;
2. An employer may make an offer of temporary employment to a
nurse aide pending the res ults of the criminal history background
check. The employer in such instance shall provide to the Bureau
the name and relevant information relating to the pe rson within
seventy-two (72) hours after t he date the person accepts temporary
employment. The employer shall not hire or contract with the nurse
aide on a permanent basis until the results of the criminal history
background check are received;
3. An employer may accept a criminal history backgr ound report
less than one (1) year old of a person to wh om such employer makes
an offer of employment. The report shall be obtained from the
previous employer or c ontractor of such person and shall only be
obtained upon the written consent of such person; and
4. Every employer while subject to the provisions of this
subsection shall inform each applicant for employment, o r each
prospective contract provider, as app licable, that the employer is
required to obtain a criminal history background record before
making an offer of permanent employment or contract to a nurse aide.
C. 1. If the results of a criminal history backg round check
reveal that the subject person h as been convicted of, pled guilty or
no contest to, or received a deferred sentence for, a f elony or
misdemeanor offense for any of the following of fenses in any state
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or federal jurisdiction, the employer shall not hire or contract
with the person:
a. abuse, neglect, or financial exploitation of any
person entrusted to the care or possession of such
person,
b. rape, incest, or sodomy, or any crime that resulted in
the person being registered on a sex offender regi stry
at any time,
c. child abuse,
d. murder or attempted murder,
e. manslaughter,
f. kidnapping,
g. human trafficking,
h. aggravated assault and battery,
h. i. assault and battery with a dan gerous weapon, or
i. j. arson in the first degree.
2. If less than seven (7) five (5) years have elapsed sin ce the
completion of sentence, and the results of a criminal history che ck
reveal that the subject person has been convicted of, or pled guilty
or no contest to, a felony or misdemeanor offense for any of t he
following offenses, in any state or federal jur isdiction, the
employer shall not hire or contract with the person:
a. assault,
b. battery,
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c. indecent exposure and indecent exhibition, except
where such offense disqualifies the applicant as a
registered sex offender,
d. pandering,
e. burglary in the first or second degree,
f. robbery in the first or second degree,
g. robbery or attempted robbery with a dangerous weapon,
or imitation firearm,
h. arson in the second degree,
i. unlawful manufacture , distribution, prescription, or
dispensing of a Schedule I through V drug as defined
by the Uniform Controlled Dangerous Substances Act,
j. grand larceny, or
k. petit larceny or shoplifting.
D. An employer shall not employ or continue employing a person
addicted to any Schedule I through V drug as specified b y the
Uniform Controlled Dangerous Substances Act unless the person
produces evidence that the person ha s successfully completed a drug
rehabilitation program.
E. All employment eligibility determination reco rds received by
the employer pursuant to this s ection are confidential and are for
the exclusive use of the State D epartment of Health and the employer
which requested the information. Except on court order or with the
written consent of the person being investigated, the records shall
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not be released or otherwise disclosed to any other person or
agency. These record s shall be destroyed after one (1) y ear from
the end of employment of the person to whom such records relate.
F. As part of the inspections required by the Nursing Home Care
Act, Continuum of Care and Assisted Living Act, the Residential Care
Act, and the Adult Day Care Act, the State Depar tment of Health
shall review the employment files of any facility, home or
institution required to obtain a criminal history background
determination to ensure such facilities, homes or institutions are
in compliance with the provisions of this section.
G. A nurse aide who has undergone a criminal history background
check and been deemed eligible for employment by the Department and
who is currently employed or contracted by a facility and works not
less than one hundred sixty (160) hours per month for the facility
may be employed or contracted by one or more secondary facilities
without an additional criminal history background check if:
1. The criminal history record check is dated not more than one
(1) year from the date the nurse aide begins employment or contract
at each applicable secondary facility;
2. Each secondary facility has common ownership with the
primary facility;
3. The nurse aide works a total of not more than eighty (80)
hours per month in all secondary facilities combined ; and
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4. The determination of eligibility f rom the Department is on
file at each secondary facility.
The hours worked by a nu rse aide at a secondary fa cility shall
be available upon by request by the Department for review or audit.
SECTION 2. AMENDATORY 63 O.S. 2021, Section 1-1950.3, is
amended to read as follow s:
Section 1-1950.3. A. 1. A Except as provided by paragraph 2
or 3 of this subsection, a nursing facility, specialized facility,
continuum of care facility, assisted living center, adult day care
or residential home, or facility operated by the Oklahoma D epartment
of Veterans Affairs, shall not employ as a nurse aide, on a full -
time, temporary, per diem, or any other basis, any individual who is
not certified as a nurse aide in good standing and is not eligible
for placement on the nurse aide registry main tained by the State
Department of Health.
2. The Department may grant a temporary e mergency waiver to the
provisions of this paragraph 1 of this subsection to any nursing
facility, continuum of care facility, assisted living center or,
adult day care, or residential home which can demonstrate that such
facility, home or institution has been u nable to successfully meet
its staffing requirements related to the provisions of this
paragraph 1 of this subsection.
3. Until November 1, 2026, to the extent allowed under federal
regulations, a nursing facility, continuum of care facility,
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assisted living center, adult day care, or residential home that
utilizes an employer-based training and competency evaluation
program approved by the State Department of Health may employ nurse
aides who are not yet certified if the nurse aides are en rolled in
the facility’s training and competency evaluation program.
B. Such The temporary emergency waiver described in paragraph 2
of subsection A of this section or an employer-based training and
competency evaluation program described in paragraph 3 of subsection
A of this section shall require the foll owing:
1. An The individual who is employed as a nurse aide who is
must be enrolled in a Department-approved educational-based or
employer-based training and competency evaluation program for nurse
aides and shall successfully complete such training and competency
evaluations within four (4) months of entering the training program,
after which time no employer may use as a nurse aid e an individual
who has not completed the training and competen cy evaluation
program. The Department may grant a trainee a one-time extension of
the four-month training requirement if:
a. such requirement causes an undue hardship for the
trainee due to unusual circumstances or illness,
b. the trainee has demonstrated a good faith effort to
complete the training and competency evaluation
program, and
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c. the extension meets such conditions as may b e required
by rules promulgated by the State Commissioner of
Health;
2. The individual sh all obtain certification, and the
Department shall place th e nurse aide on the registry within thirty
(30) days after demonstration of competency; and
3. Any nursing facility, specializ ed facility, continuum of
care facility, assisted living center, adult day care, or
residential care home that employs an individu al who is in nurse
aide training, as provided in this section, shall e nsure that the
trainee shall:
a. complete the required training and competency program
as provided in rules specified by 42 CFR 483.152(b)(1)
prior to any direct contact with a resident or client,
b. not perform any service for w hich the trainee has not
trained and been determined proficient by the
instructor, and
c. be supervised at all times by no less than a licensed
practical nurse; and.
4. No employer may use as a nurse aide an individual who has
not completed the nurse aide training and competency program within
the required four-month period.
C. For purposes of this section, “four (4) months” means the
equivalent of four (4) months of full-time employment as a nurse
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aide by any employer in any nursing facility, specialized facility,
continuum of care facility, assisted living center, adult day care
or residential care home.
D. 1. The Department may grant a trainee a one-time extension
of the four-month training requirement if:
a. such requirement causes an undue hardship f or the
trainee due to unusual circumstances or illness, and
b. the trainee has demonstrated a good faith effort to
complete the training and competency evaluation
program.
2. The State Board of Health shall promulgate rules related to
the review of and th e process and conditions for such an extension
(1) if the facility is subject t o federal regulations
governing supervision of nurse aides, the
facility shall comply with the federal
regulations, or
(2) if the facility is not subject to federal
regulations governing su pervision of nurse aides,
the facility shall ensure that the trainee is
assigned a certified nurse aide as a mentor. A
Licensed Practical Nurse or greater shall oversee
the training program, shall conduct all
evaluations of the trainee, and shall provide
initial direction and perio dic inspection of the
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trainee’s and mentoring certified nurse aide ’s
work. The plan of care shall not be altered by
the trainee or mentoring certified nurse aide
without prior consultation with and app roval of
the supervising Licensed Practical Nurse or
greater. The supervising Licensed Practical
Nurse or greater need not always be physically
present or on the premises when the trainee is
providing care for which the trainee has been
found competent; however, except in cases of
emergency, the Licensed Practical Nurse or
greater shall be available for consultation with
and direction of the trainee and mentoring
certified nurse aide.
E. C. 1. Certified nurse aides may begin an education-based or
employer-based training and competency evaluation and examination
program to become a ce rtified medication aide immediately after
receiving certification as a nurse aide and being listed on the
nurse aide registry.
2. Certified medication aides, upon success ful completion of
competency standards or pres cribed training courses, shall be
eligible to distribute medications or treatments provided by
paragraph 2 3 of this subsection within a:
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a. correctional facility, as set forth in Section 623 of
Title 57 of the Oklahoma Statutes,
b. correctional facility ope rated by a contractor of the
Department of Corrections,
c. county or municipal jail,
d. nursing facility,
e. specialized facility,
f. continuum of care facility,
g. assisted living center,
h. adult day care,
i. residential care home, or
j. facilities operated by the Oklahoma Department of
Veterans Affairs.
2. 3. Certified medication aides may:
a. perform fingerstick blood sugars,
b. administer diabetic medications, including
subcutaneous injections of insulin, provided that the
certified medication aide has c ompleted a Department-
approved advanced training program on diabetes and the
administration of diabetes medications, including
injections,
c. administer medications, first aid treatments and
nutrition; by oral, rectal, vaginal, otic, ophthalmic,
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nasal, skin, topical, transdermal, and
nasogastric/gastrostomy tubes routes, and
d. administer oral metered dose inhalers and nebulizers;,
and
e. administer oxygen as prescribed by a physician or
other licensed practitio ner with the authority to
prescribe oxygen.
3. 4. The State Board of Health Commissioner shall establish
rules necessary to ensure the safety of medication administration by
certified medication aides, including but not limited to:
a. competency and pract ice standards for medication
aides,
b. maintaining a list of skills and function s that
medication aides will be able to perform upon
completion of certification course work,
c. certification and recertification requirements for
medication aides,
d. development of criteria and procedures for approval or
disapproval of training and comp etency evaluation
programs, and
e. procedures for denying, suspending, withdrawing, or
refusing to renew certification for a medication
aide;.
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4. 5. Each facility shall develo p policies and procedures that
comply with the provisions of this subsection and rules promulgated
by the State Board of Health Commissioner. This policy shall be
reviewed and approved by the facility Medical Director, Director of
Nurses and/or Registered Nurse Consultant.
F. D. Any person convicted of violating any of the provision s
of this section or Section 1-1950.1 of this title sha ll be guilty of
a misdemeanor, punishable by a fine of not less than One Hundred
Dollars ($100.00) nor more than Three Hu ndred Dollars ($300.00),
imprisonment in the county jail for not more than thirt y (30) days,
or by both such fine and imprisonment.
E. Not later than November 1, 2026, the State Commissioner of
Health shall promulgate rules governing employer-based training
programs including but not limited to rules that allow the
employment of noncertified nurse aides enrolled in an employer-based
training program, subject to the conditions allowed in such rules.
SECTION 3. AMENDATORY 63 O.S. 2021, Section 1-1951, is
amended to read as follows:
Section 1-1951. A. The State Department of Health shall have
the power and duty to:
1. Issue certificates of training and competency for nurse
aides;
2. a. Approve training and competency programs including,
but not limited to, education -based programs and
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employer-based programs, including those programs
established pursuant to Section 223.1 of Title 72 of
the Oklahoma Statutes. The period of approval shall
be for the maximum duration allowed under federal
regulation.
b. The Department may withdraw approval of the program if
the program or, in the case of an employer-based
program, the program or facility, is in violation of
rules promulgated by the State Commissioner of Health
that govern the program.
c. Until November 1, 2026, the Department shall
immediately withdraw approval of an employer-based
program if:
(1) the facility’s temporary emergency waiver under
paragraph 2 of subsection A of Section 1-1950.3
of this title is withdrawn due to one or more
deficiencies cited during an investigation or
inspection; however, the Department shall not
withdraw approval of the employer-based program
if the facility’s temporary emergency waiver is
withdrawn solely due to having a sufficiency of
staffing that makes the facility ineligible for a
temporary emergency waiver , or
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(2) the facility is cited for one or more
deficiencies of causing immediate jeopardy to
resident health or safety.
d. Until November 1, 2026, the Department shall not
withdraw approval of an employer-based program solely
on the basis of the amount of monetary penalties the
facility has accrued unless the facility is assessed
the maximum civil monetary penalty stipulated under
federal regulation, in which case the Department shall
immediately withdraw approval of the employer -based
training program.
e. Until November 1, 2026, if an employer-based program
is withdrawn for any reason, the facility may reapply
for approval of an employer-based program after
completion of a plan of correction and certifi cation
by the Department that the facility is in compliance
with all applicable laws and r ules and the approval
may be reinstated as provided by rules promulgated by
the Commissioner;
3. Determine curricula and standards for training and
competency programs. The Department shall require such training to
include a minimum of ten (10) hours of train ing in the care of
Alzheimer’s patients;
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4. Establish and maintain a registry for certified nurse aides
and for nurse aide trainees;
5. Establish categories and standards for nurse aide
certification and registration, including feeding assistants as
defined in 42 CFR Parts 483 and 488;
6. Exercise all incidental powers as necessary and proper to
implement and enforce the provisions of this section; and
7. Suspend or revoke any certification issued to any nurse
aide, if:
a. the nurse aide is found to mee t any of the
requirements contained in subsection D of Section 1-
1947 of this title,
b. the nurse aide is found to meet any of the
requirements contained in subsection C of Section 1-
1950.1 of this title, or
c. the nurse aide is found to have committed abu se,
neglect or exploitation of a reside nt or
misappropriation of resident or client property
pursuant to the requirements contained in paragraph 7
of subsection D E of this section. The action to
revoke or suspend may be included with the filing of
any action pursuant to the requirements of pa ragraph 7
of subsection D E of this section; and
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8. Administer competency examinations to nurse aides who have
completed a Department-approved employer-based training program.
Until November 1, 2026, the Department shall offer both an online
competency examination and an in-person competency examination. The
Department may contract with on e or more vendors to administer
either type or both types of competency examination . An individual
who has received a passing sc ore on the competency examination and
has met all other requirements for certification as a nurse aide
including but not limited to training requirements shall be granted
certification and shall be placed on the nurse aide registry . The
provisions of this paragraph shall not be construed to ex empt a
nurse aide from in-person evaluation by a Licensed Practical Nurse
before the nurse aide is eligible to take a comp etency examination.
The Department shall provide a form appropriate for the care
provided in each different type of licensed care fac ility for in-
person skills competency evaluation by no less than a Licensed
Practical Nurse overseeing the training program .
B. The State Board Commissioner of Health shall promulgate
rules to implement the provisions of this section and shall have
power to assess fees.
1. Each person certified as a nurse aide pursuant to the
provisions of this section shall be required to pay certification
and recertification fees in amounts to be determined by the State
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Board of Health Commissioner, not to exceed Fifteen Dollars
($15.00).
2. In addition to the certification and recertification fees,
the State Board of Health Commissioner may impose fees for training
or education programs conducted or approved by the Department,
except for those programs operated by the Oklahoma Department of
Veterans Affairs.
3. All revenues collected as a result of fees authorized in
this section and imposed by the Board Commissioner shall be
deposited into the Public Health Special Fund.
C. Only a person who has qualified as a certified nurse aide
and who holds a valid current nurse aide certificate for use in this
state shall have the right and privil ege of using the title
Certified Nurse Aide and to use the abbreviation CNA after the name
of such person. Any person who violates the provisions of this
section shall be subject to a civil monetary penalty to be assessed
by the Department.
D. A person qualified by the Department as a certified nurse
aide shall be deemed to have met the requirements to work as a home
health aide pursuant to the provisions of the Home Care Act and
shall require no further licensure for performing services within
the scope of practice of home health aid es.
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E. 1. The State Department of Health shall establish and
maintain a certified nurse aide, nurse aide trainee and feeding
assistant registry that:
a. is sufficiently accessible to promptly meet the needs
of the public and employers, and
b. provides a process for notification and investigation
of alleged abuse, exploitation or neglect of residents
of a facility or home, clients of an agency or center,
or of misappropriation of resident or client property.
2. The registry shall contain information as to whether a nurse
aide has:
a. successfully completed a certified nurse aide training
and competency examination,
b. met all the requirements for certification, or
c. received a waiver from the Board.
3. The registry shall inc lude, but not be limited to , the
following information on each certified nurse aide or nurse aide
trainee:
a. the full name of the individual,
b. information necessary to identify each individual.
Certified nurse aides and nurse aide trainees shall
maintain with the registry curren t residential
addresses and shall notify the registry, in writing,
of any change of name. Notification of change of name
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shall require certified copies of any marriage license
or other court document which reflects the change of
name. Notice of change of address or telephone number
shall be made within ten (10) days of the effected
change. Notice shall not be accepted over the phone,
c. the date the individual became eligible for placement
in the registry, and
d. information on any finding of the Departm ent of abuse,
neglect or exploitation by the certified nurse aide or
nurse aide trainee, including:
(1) documentation of the Department’s investigation,
including the nature of the allegation and the
evidence that led the Departm ent to confirm the
allegation,
(2) the date of the hearing, if requested by the
certified nurse aide or nurse aide trainee, and
(3) statement by the individual disputing the finding
if the individual chooses to make one.
4. The Department shall include th e information specified in
subparagraph d of paragraph 3 of this subsection in the registry
within ten (10) working days of the substantiating finding and it
shall remain in the registry, unless:
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a. it has been determined by an administrative law judge,
a district court or an appeal court that the finding
was in error, or
b. the Board Commissioner is notified of the death of the
certified nurse aide or nurse aide train ee.
5. Upon receipt of an allegation of abuse, exploitation or
neglect of a resident or client, or an allegation of
misappropriation of resident or client prope rty by a certified nurse
aide or nurse aide trainee, the Department shall place a pending
notation in the registry until a final determination has been made.
If the investigation, or administrative hearing held to determine
whether the certified nurse aid e or nurse aide trainee is in
violation of the law or rules promulgated pursuant thereto, revea ls
that the abuse, exploitation or neglect, or misappropriation of
resident or client property was unsu bstantiated, the pending
notation shall be removed within twenty-four (24) hours of receipt
of notice by the Department.
6. The Department shall, after notice to the individuals
involved and a reasonable opportunity for a hearing, make a finding
as to the accuracy of the allegations.
7. If the Department after notice and opportunity for hearing
determines with clear and convincing evidence that abuse, ne glect or
exploitation, or misappropriation of resident or client property has
occurred and the alleged perpetrator is the person who committed the
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prohibited act, notice of the findings shall be sent to the nurse
aide and to the district attorney for the c ounty where the abuse,
neglect or exploitation, or misappropriation of resident or client
property occurred and to the Medicaid Fraud Control Unit of the
Attorney General’s Office. Notice of ineligibility to work as a
nurse aide in a long-term care facility, a residential care
facility, assisted living facility, day care facility, or any entity
that requires certification of nurse aides, and notice of any
further appeal rights shall also be sent to the nurse aide.
8. In any proceeding in which the Departm ent is required to
serve notice or an order on an individual, the Department may send
written correspondence to the address on file with the registry. If
the correspondence is returned and a notation of the United States
Postal Service indicates “unclaimed” or “moved” or “refused” or any
other nondelivery markings and the records of the registry indicate
that no change of address as required by this subsection ha s been
received by the registry, the notice and any subsequent notices or
orders shall be deeme d by the court as having been legally served
for all purposes.
9. The Department shall require that ea ch facility check the
nurse aide registry before hiring a person to work as a nurse aide.
If the registry indicates that an individual has been found, a s a
result of a hearing, to be personally responsible for abuse, neglect
or exploitation, that individu al shall not be hired by the facility.
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10. If the state finds that any other individual employed by
the facility has neglected, abused, misappropriated property or
exploited in a facility, the Department shall notify the appropriate
licensing authority an d the district attorney for the county where
the abuse, neglect or exploitation, or misappropriation of resident
or client property occurred.
11. Upon a written request by a certified nurse aide or nurse
aide trainee, the Board Commissioner shall provide within twenty
(20) working days all information on the record of the certified
nurse aide or nurse aide trainee when a finding of abuse,
exploitation or neglect is confirmed and placed in the registry.
12. Upon request and except for the names of residents and
clients, the Department shall disclose all of the information
relating to the confirmed determination of abuse, exploitation and
neglect by the certified nurse aide or nurse aide trainee to the
person requesting such information, and may disclose additional
information the Department determines necessary.
13. A person who has acted in good faith to comply with state
reporting requirements and this s ection of law shall be immune from
liability for reporting allegations of abuse, neglect or
exploitation.
F. Each nurse aide trainee shall wear a badge which clearly
identifies the person as a nurse aide trainee. Such badge shall be
furnished by the faci lity employing the trainee. The badge shall be
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nontransferable and shall include the first and last name of the
trainee.
G. 1. For purposes of this section, “feeding assistant” means
an individual who is paid to feed residents by a facility or who is
used under an arrangement with another agency or organization and
meets the requirements cited in 42 CFR Parts 483 and 488.
2. Each facility that employs or contracts employment of a
feeding assistant shall maintain a record of all individuals, used
by the facility as feeding assistants, who have successfully
completed a training course approved by the state for paid fee ding
assistants.
H. 1. Until November 1, 2026, an employer-based training
program for long term care aides shall consist of at least eighty-
five (85) hours of training or the equivalent if the facility is
subject to regulation by the Ce nters for Medicare and Medicaid
Services. Of the total required hours of training or the equivalent
as specified in this paragraph, the program shall include :
a. at least sixteen (16) hours of supervised practical
training that is documented and signed by the nurse
aide trainee,
b. all of the curriculum specified in 42 CFR 483.152(b),
and
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c. pursuant to paragraph 3 of subsection A of this
section, a minimum of ten (10) hours of training in
the care of Alzheimer’s patients.
2. Until November 1, 2026, an employer-based training program
for long term care aides shall consist of at least one hundred
twenty (120) hours of training or the equivalent if the facility is
not subject to regulation by the Centers for Medicare and Medicaid
Services. Of the total required hours of training or the equivalent
as specified in this paragraph, the program shall include:
a. at least sixteen (16) hours of supervised practical
training that is documented and signed by the nurse
aide trainee,
b. all of the curriculum specified in 42 CFR 483.152(b),
c. pursuant to paragraph 3 of subsection A of this
section, a minimum of ten (10) hours of training in
the care of Alzheimer’s patients,
d. completion of a restorative nurse aide training
program, and
e. the following subjects:
(1) ethics and ethical conduct,
(2) social media behavior and privacy,
(3) organizational structure of various care provider
settings,
(4) trauma informed care,
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(5) basic legal statuses of residents or patients
including but not limited to guardianship, power
of attorney, advance directive, and living will,
(6) understanding basic cultural competency and
religious preferences ,
(7) resident sexuality in care settings,
(8) understanding state rules and regulations for
reportable incidents to the Department and the
nurse aide registry,
(9) personal liability,
(10) possible career progression, and
(11) professional soft skills including time
management, problem solving, teamwork, stress
management, decision making, critical thi nking,
conflict management, receiving criticism,
adaptability, and professionalism.
I. 1. The recertification requirements of the Department shall
allow nurse aides to renew certification if the nurse aide works or
volunteers the equivalent of a single eight-hour shift.
2. For a nurse aide who volunteers, the nurse aide must have
undergone a criminal history background check as provided by Section
1-1947 of this title prior to volunteering and shall only be
eligible for recertification if the nurse aide would not be
disqualified for employment or contract based on the criteria of
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subsection C of Section 1-1950.1 of this title. The facility may
require a nurse aide who volunteers to pay the cost of his or her
own criminal history background check.
3. The provisions of this subsection shall only apply to
recertification procedures and shall not apply to in itial
certification or employment by or contracting with a facility by a
nurse aide.
J. Not later than November 1, 2026, the State Commissioner of
Health shall promulgate rules governing employer-based training
programs including but not limited to rules governing approval and
withdrawal of employer-based training programs, administration of
competency examinations to nurse aides who have completed a
Department-approved employer-based training program, and employer-
based training program requir ements including but not limited to
curriculum.
SECTION 4. This act shall become effective July 1, 2024.
59-1-679 DC 1/15/2023 3:21:48 PM