Wisconsin 2023-2024 Regular Session

Wisconsin Assembly Bill AB690 Compare Versions

Only one version of the bill is available at this time.

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1	1	LRB-1704/1
2	2	SWB:amn
3	3	2023 - 2024 LEGISLATURE
4	4	2023 ASSEMBLY BILL 690
5	5	November 27, 2023 - Introduced by Representatives SUMMERFIELD, ARMSTRONG,
6	6	BEHNKE, BODDEN, BRANDTJEN, CONLEY, EDMING, GUNDRUM, MAXEY, MURPHY,
7	7	PETRYK and WICHGERS, cosponsored by Senators CABRAL-GUEVARA, BALLWEG,
8	8	FELZKOWSKI and NASS. Referred to Committee on Health, Aging and
9	9	Long-Term Care.
10	10	*AUTHORS SUBJECT TO CHANGE*
11	11	AN ACT to amend 257.01 (7) (a) and (b); and to create 146.40 (2d) of the statutes;
12	12	relating to: student qualification for employment as a nurse aide.
13	13	Analysis by the Legislative Reference Bureau
14	14	Under current administrative rules promulgated by the Department of Health
15	15	Services with respect to employment of nurse aides, a student enrolled in an
16	16	approved nurse aide training program who has completed 16 hours of classroom
17	17	training in certain required topics may be employed by a health care provider as a
18	18	nurse aide if the student is a full-time permanent employee. This bill requires that,
19	19	subject to any necessary federal approval, DHS allow a hospital, nursing home,
20	20	intermediate care facility for persons with an intellectual disability, home health
21	21	agency, or hospice to employ or contract for the services of students enrolled in an
22	22	approved nurse aide program as a nurse aide, if the individual is employed part-time
23	23	as a nurse's assistant, home health aide, or hospice aide fewer than 120 days, and
24	24	has a preceptor. As for students under current law, a student allowed to be employed
25	25	or contracted as a nurse aide under the bill may perform only services for which he
26	26	or she has received training and has been found proficient by an instructor under the
27	27	instructional program. In addition, as under current law, a hospital, nursing home,
28	28	home health agency, hospice, or intermediate care facility for persons with an
29	29	intellectual disability employing or contracting a student under the provisions of the
30	30	bill may not include that individual in meeting or complying with a requirement for
31	31	nursing care staff and functions, including a minimum nursing staff requirement.
32	32	The bill requires that an individual employed or contracted as a nurse aide must pass
33	33	a Wisconsin-approved nurse aide competency evaluation examination within 120
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35	35	2 - 2 -2023 - 2024 Legislature LRB-1704/1
36	36	SWB:amn
37	37	ASSEMBLY BILL 690
38	38	calendar days of the start of the individual's part-time employment as a nurse aide
39	39	or may not continue to be employed or contracted as a nurse aide.
40	40	The bill requires DHS to request, as soon as possible after the effective date of
41	41	the bill, any necessary federal approval required to implement the provisions of the
42	42	bill. If approval is granted or if no federal approval is required, DHS must implement
43	43	the provisions of the bill. If federal approval is necessary but not granted, DHS may
44	44	not implement the bill.
45	45	For further information see the state fiscal estimate, which will be printed as
46	46	an appendix to this bill.
47	47	The people of the state of Wisconsin, represented in senate and assembly, do
48	48	enact as follows:
49	49	SECTION 1. 146.40 (2d) of the statutes is created to read:
50	50	146.40 (2d) (a) Notwithstanding sub. (2), subject to par. (b), a hospital, nursing
51	51	home, intermediate care facility for persons with an intellectual disability, home
52	52	health agency, or hospice may employ or contract for the services of an individual as
53	53	a nurse aide, if the individual is enrolled in an instructional program for nurse aides
54	54	that is approved under sub. (3) or (3g), is employed part-time as a nurse's assistant,
55	55	home health aide, or hospice aide fewer than 120 days, and has a preceptor. The
56	56	requirements of sub. (2) (c) 1. and 2. apply to individuals under this subsection. An
57	57	individual employed or contracted as a nurse aide under this subsection shall pass
58	58	a Wisconsin-approved nurse aide competency evaluation examination within 120
59	59	calendar days of the start of the individual's part-time employment as a nurse aide
60	60	or may not continue to be employed or contracted as a nurse aide under this
61	61	subsection.
62	62	(b) The department shall, as soon as possible after the effective date of this
63	63	paragraph .... [LRB inserts date], request any necessary federal approval required
64	64	to implement this subsection and, if approval is granted or if no federal approval is
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80	80	16 - 3 -2023 - 2024 Legislature
81	81	LRB-1704/1
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83	83	SECTION 1
84	84	ASSEMBLY BILL 690
85	85	required, the department shall implement this subsection. If federal approval is
86	86	necessary but not granted, the department may not implement this subsection.
87	87	SECTION 2. 257.01 (7) (a) and (b) of the statutes are amended to read:
88	88	257.01 (7) (a) An individual who satisfies the requirements for a nurse aide
89	89	under s. 146.40 (2) (a), (ac), (c), (e), (em), or (g) or (2d).
90	90	(b) An individual who did at any time within the previous 10 years, but does
91	91	not currently, satisfy the requirements for a nurse aide under s. 146.40 (2) (a), (ac),
92	92	(c), (e), (em), or (g) or (2d), if the individual's name has never been listed under s.
93	93	146.40 (4g) (a) 2., 2005 stats., or s. 146.40 (4g) (a) 2.
94	94	(END)
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