Bill Text: DE SB211 | 2013-2014 | 147th General Assembly | Draft
Bill Title: An Act To Amend Title 16 Of The Delaware Code Relating To Certified Nursing Assistants.
Spectrum: Moderate Partisan Bill (Democrat 6-1)
Status: (Passed) 2014-07-15 - Signed by Governor [SB211 Detail]
Download: Delaware-2013-SB211-Draft.html
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SPONSOR: |
Sen. Hall-Long & Rep. Barbieri |
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Sen. Sokola; Reps. Jaques, Q. Johnson, Kowalko, Wilson |
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DELAWARE STATE SENATE 147th GENERAL ASSEMBLY |
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SENATE BILL NO. 211 |
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AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO CERTIFIED NURSING ASSISTANTS. |
WHEREAS: certified nursing assistants are required to renew their certification biennially; and
WHEREAS, a small percentage of certified nursing assistants fail to renew their certification by the date required; and
WHEREAS, a certified nursing assistant who fails to renew the certification by the expiration date may not work with an expired certification; and
WHEREAS, once the certified nursing assistant certification has expired, the certified nursing assistant must retake the initial certified nursing assistant exam; and
WHEREAS, the certified nursing assistant exam currently costs $108.00 creating a financial hardship for the certified nursing assistant; and
WHEREAS, it takes approximately 3 – 4 weeks to schedule the test, creating further financial hardship for the certified nursing assistant; and
WHEREAS, the certified nursing assistant must be taken off of the schedule in the facility(ies) in which (s)he works; and
WHEREAS, this creates a hardship for the facility which must find a replacement for the certified nursing assistant; and
WHEREAS, this loss of a staff member negatively impacts resident care; and
WHEREAS, permitting a late renewal period would allow the certified nursing assistant to continue to work, benefiting the certified nursing assistant, the facility(ies) and the residents; and
WHEREAS, requiring a minimal late fee ($25.00) for renewal would decrease the financial burden for the certified nursing assistant by reducing the cost of late renewal; and
Whereas, the healthcare continuum workforce will be negatively impacted if the change is not enacted; and
NOW, THEREFORE:
Section 1. Amend Chapter 30A Title 16 of the Delaware Code by making insertions as shown by underlining and deletions as shown by strike through as follows:
CHAPTER 30A. TRAINING AND QUALIFICATIONS FOR NURSING ASSISTANTS AND CERTIFIED NURSING ASSISTANTS
(4) "Senior certified nursing assistant" means a Certified
Nursing Assistant certified nursing assistant who has met the
requirements of §3005A of this Title.
§3002A. Certified nursing assistant training.
To obtain certification as a certified nursing assistant, all trainees
must complete a total of 150 clock hours of training, 75 of which are in
the classroom and 75 of which include clinical training. For the purpose of
calculating minimum levels of staffing required at a facility pursuant to
statute or regulation, an individual who has completed 75 hours of classroom
and 37.5 hours of clinical training in a facility sponsored training program
may be considered as a member of such facility's staff while undergoing the
last 37.5 hours of clinical training at such facility.
§3003A. Composition of CNA certified nursing
assistant training course and curriculum.
All courses in this State offering certification to individuals as certified nursing assistants must meet the requirements of 42 C.F.R. Ch. IV § 483.152 and have the following:
§3004A. Mandatory orientation period.
(a) All nursing assistants
hired to work in a skilled care or intermediate care facility, after completing
150 clock hours of instruction under this chapter, shall undergo a
minimum 80 hours of orientation at least 40 of which shall be clinical. Nursing
assistants hired to work in an assisted living facility, after completing 150 clock
hours of instruction under this chapter, shall undergo a minimum 64 hours of
orientation, at least 24 of which shall be clinical. While undergoing
orientation, nursing assistants shall have direct physical contact with
residents only while under the visual observation of a certified nursing
assistant or licensed nurse employed by the facility. Any nursing assistant
undergoing orientation may be considered a facility employee for purposes of
satisfying the minimum facility staffing requirements set by the Department.
A nursing assistant who has undergone 150 clock hours of training in a
training program sponsored by the facility where the nursing assistant
will be employed immediately thereafter shall be required to complete
additional facility specific orientation of 40 hours in a skilled nursing
facility or 32 hours in an assisted living facility. Nursing assistants
shall have direct physical contact with residents only while under the visual
observation of a certified nursing assistant or licensed nurse employed by the
facility.Nursing assistants must
receive certification within 90 calendar days of completion of the training
program.Nursing assistants that do not
receive certification within 90 calendar days may not work as a nursing
assistant.The guidelines for
nursing assistant orientation shall be promulgated by the Department.
(b) All certified nursing assistants hired to work in a skilled care or intermediate care facility shall undergo a minimum 80 hours of orientation, at least 40 of which shall be clinical. Certified nursing assistants hired to work in an assisted living facility shall undergo a minimum 64 hours of orientation at least 24 of which shall be clinical. Any certified nursing assistant undergoing orientation and completing clinical tasks may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by this chapter and the Department. The guidelines for certified nursing assistant orientation shall be promulgated by the Department.
§3006A Renewal of certification; late renewal; and penalties.
(a) Every certified nursing assistant shall re-certify biennially by filing an application; provided however, that the certification of any certified nursing assistant who is on active military duty with the armed forces of the United States and serving in a theater of hostilities on the date such application or recertification is due shall be deemed to be current and in full compliance with this chapter until the expiration of 30 days after such certified nursing assistant is no longer on active military duty in a theater of hostilities.
(b) Upon receipt of the application, the Department shall verify the accuracy of the information set forth in the application and issue to the applicant a certificate of renewal for 2 years, provided that the applicant has successfully completed continuing education requirements as established by the Department. Such certificate shall entitle the holder to engage in work as a certified nursing assistant for the period stated therein.
(c) A certification may be renewed up to 30 days past the certification's expiration date by submitting, to the Department, payment of a $25.00 penalty fee along with an application and proof of completion of continuing education requirements during the previous certification period. The certification of a certified nursing assistant who fails to renew on time or during the 30-day late renewal period is considered lapsed and the certified nursing assistant is not permitted to work until the certified nursing assistant submits an application and takes and passes the certified nursing assistant test.
§30067A. Promulgation of regulation.
The Department shall promulgate rules and regulations to implement this chapter.
SYNOPSIS
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This Act establishes a 30-day late renewal period for certified nursing assistants during which they may still work.Certifications renewed during the 30-day late renewal period will be charged a fee for late renewal rather than having to retake the certified nursing assistant test and pay the testing fee.This will create less of a financial hardship on the certified nursing assistant and will allow the employing facility(ies) to keep the certified nursing assistant on their schedule, providing for continuity of care for the residents of facilities. |
Author: Senator Hall-Long
