Wisconsin 2023-2024 Regular Session

Wisconsin Senate Bill SB671 Compare Versions

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1	1	LRB-4993/1
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3	3	2023 - 2024 LEGISLATURE
4	4	2023 SENATE BILL 671
5	5	November 9, 2023 - Introduced by Senators C ABRAL-GUEVARA, BALLWEG,
6	6	FELZKOWSKI and NASS, cosponsored by Representatives SUMMERFIELD,
7	7	ARMSTRONG, BEHNKE, BODDEN, BRANDTJEN, CONLEY, EDMING, GUNDRUM, MAXEY,
8	8	MURPHY, PETRYK and WICHGERS. Referred to Committee on Health.
9	9	AN ACT to amend 257.01 (7) (a) and (b); and to create 146.40 (2d) of the statutes;
10	10	relating to: student qualification for employment as a nurse aide.
11	11	Analysis by the Legislative Reference Bureau
12	12	Under current administrative rules promulgated by the Department of Health
13	13	Services with respect to employment of nurse aides, a student enrolled in an
14	14	approved nurse aide training program who has completed 16 hours of classroom
15	15	training in certain required topics may be employed by a health care provider as a
16	16	nurse aide if the student is a full-time permanent employee. This bill requires that,
17	17	subject to any necessary federal approval, DHS allow a hospital, nursing home,
18	18	intermediate care facility for persons with an intellectual disability, home health
19	19	agency, or hospice to employ or contract for the services of students enrolled in an
20	20	approved nurse aide program as a nurse aide, if the individual is employed part-time
21	21	as a nurse's assistant, home health aide, or hospice aide fewer than 120 days, and
22	22	has a preceptor. As for students under current law, a student allowed to be employed
23	23	or contracted as a nurse aide under the bill may perform only services for which he
24	24	or she has received training and has been found proficient by an instructor under the
25	25	instructional program. In addition, as under current law, a hospital, nursing home,
26	26	home health agency, hospice, or intermediate care facility for persons with an
27	27	intellectual disability employing or contracting a student under the provisions of the
28	28	bill may not include that individual in meeting or complying with a requirement for
29	29	nursing care staff and functions, including a minimum nursing staff requirement.
30	30	The bill requires that an individual employed or contracted as a nurse aide must pass
31	31	a Wisconsin-approved nurse aide competency evaluation examination within 120
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33	33	2 - 2 -2023 - 2024 Legislature LRB-4993/1
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35	35	SENATE BILL 671
36	36	calendar days of the start of the individual's part-time employment as a nurse aide
37	37	or may not continue to be employed or contracted as a nurse aide.
38	38	The bill requires DHS to request, as soon as possible after the effective date of
39	39	the bill, any necessary federal approval required to implement the provisions of the
40	40	bill. If approval is granted or if no federal approval is required, DHS must implement
41	41	the provisions of the bill. If federal approval is necessary but not granted, DHS may
42	42	not implement the bill.
43	43	For further information see the state fiscal estimate, which will be printed as
44	44	an appendix to this bill.
45	45	The people of the state of Wisconsin, represented in senate and assembly, do
46	46	enact as follows:
47	47	SECTION 1. 146.40 (2d) of the statutes is created to read:
48	48	146.40 (2d) (a) Notwithstanding sub. (2), subject to par. (b), a hospital, nursing
49	49	home, intermediate care facility for persons with an intellectual disability, home
50	50	health agency, or hospice may employ or contract for the services of an individual as
51	51	a nurse aide, if the individual is enrolled in an instructional program for nurse aides
52	52	that is approved under sub. (3) or (3g), is employed part-time as a nurse's assistant,
53	53	home health aide, or hospice aide fewer than 120 days, and has a preceptor. The
54	54	requirements of sub. (2) (c) 1. and 2. apply to individuals under this subsection. An
55	55	individual employed or contracted as a nurse aide under this subsection shall pass
56	56	a Wisconsin-approved nurse aide competency evaluation examination within 120
57	57	calendar days of the start of the individual's part-time employment as a nurse aide
58	58	or may not continue to be employed or contracted as a nurse aide under this
59	59	subsection.
60	60	(b) The department shall, as soon as possible after the effective date of this
61	61	paragraph .... [LRB inserts date], request any necessary federal approval required
62	62	to implement this subsection and, if approval is granted or if no federal approval is
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81	81	SECTION 1
82	82	SENATE BILL 671
83	83	required, the department shall implement this subsection. If federal approval is
84	84	necessary but not granted, the department may not implement this subsection.
85	85	SECTION 2. 257.01 (7) (a) and (b) of the statutes are amended to read:
86	86	257.01 (7) (a) An individual who satisfies the requirements for a nurse aide
87	87	under s. 146.40 (2) (a), (ac), (c), (e), (em), or (g) or (2d).
88	88	(b) An individual who did at any time within the previous 10 years, but does
89	89	not currently, satisfy the requirements for a nurse aide under s. 146.40 (2) (a), (ac),
90	90	(c), (e), (em), or (g) or (2d), if the individual's name has never been listed under s.
91	91	146.40 (4g) (a) 2., 2005 stats., or s. 146.40 (4g) (a) 2.
92	92	(END)
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