Current through Register Vol. 47, No. 17, September 10, 2024
A.
BASIS: The authority for the
promulgation of these rules and regulations by the State Board of Nursing
("Board") specifically in relation to sections
12-255-107,
12-255-202,
12-255-203,
12-255-204,
12-255-205, and
12-255-206, C.R.S.; and as set
forth in sections
12-20-202(3),
12-20-204(1),
12-255-107(1)(j),
12-255-206, C.R.S.
B.
PURPOSE: The Rules are
adopted to specify procedures used in obtaining and maintaining nurse aide
certification.
C.
DEFINITIONS
1. "Board" is the
State Board of Nursing.
2. "Nurse
aide training program" is a course of study which is approved by the Colorado
State Board of Nursing or the appropriate authority in another state or
territory of the United States that meets the requirements of the Omnibus
Budget Reconciliation Act of 1987.
3. "Competency evaluation" is the evaluation
instrument approved by the Board consisting of both a written and a manual
skills component.
4. "Competence"
is the Certified Nurse Aide's (CNA) ability to perform those tasks included in
the expanded scope of practice as set forth in Section (I)(3) of Rule 1.10 ,
with reasonable skill and safety to a client, as deemed by the Professional
Nurse (RN).
5. "Continued
Competence" is the CNA's ability to perform those tasks included in the
expanded scope of practice as set forth in Section (I)(3) of Rule 1.10 , with
reasonable skill and safety to a client, as deemed by the RN's direct
observation of the CNA's clinical performance of the task to occur not less
than annually after initially being deemed competent.
6. "Deemed Competent" is the RN's
determination that the CNA is competent to perform the task with reasonable
skill and safety to a client.
7.
"Executive Officer" is the chief officer employed pursuant to section
12-255-106, C.R.S. The Executive
Officer has been delegated authority to administer examinations, issue
certificates by endorsement and examination, and to renew
certificates.
8. "Endorsement" is
the process of obtaining certification as a nurse aide by the Board upon the
Board's determination that the applicant is certified to practice as a nurse
aide by another state or territory of the United States with requirements that
are essentially similar to the requirements of Colorado.
9. "Expanded Scope of Practice" includes
those tasks set forth in section
12-255-206(1)(a),(b), and
(c), C.R.S., for which the CNA has been
deemed by the RN to be competent to perform with reasonable skill and safety to
a client.
D.
CERTIFICATION BY EXAMINATION
1.
The Board will review and may accept a Competency evaluation for nurse
aides.
2. The contract for the use
of the Competency evaluation will be approved by the Executive Officer or
designee in the absence of the Executive Officer.
3. The Competency evaluation is administered
at least quarterly. Notification of any applicable administration dates,
deadlines, and sites will be sent to all active nurse aide training programs in
the state.
4. In the event that
applicant examination materials are lost or destroyed through circumstances
beyond the control of the Board, the applicant will be required to retake the
Competency evaluation in order to meet requirements for
certification.
5. Applicants are
informed in writing regarding the results of the Competency
evaluation.
6. The Board releases
Competency evaluation results only to the applicant or the nurse aide with
written authorization from the applicant or nurse aide.
7. Verified graduates from nurse aide
training programs are eligible to take the Competency evaluation.
8. Practical and professional nursing
education programs and psychiatric technician training programs in the United
States and its territories are deemed to be nurse aide training programs
provided the program has been approved by the appropriate agency of the
state/territory in which the program is located. Students of such programs are
eligible to take the Competency evaluation provided the requirements of Section
(D)(11) of Rule 1.10 are met and they have successfully completed at least one
of the following:
a. Five semester credit
hours, or its equivalent, of nursing courses that include the content required
under Rule 1.11 for Approval of Nurse Aide Training Programs.
b. Five semester credit hours of a
psychiatric technician training program that includes the content required
under Rule 1.11 for Approval of Nurse Aide Training Programs.
9. Practical and professional
nursing education programs located outside the United States and its
territories are deemed to be nurse aide training programs and their graduates
are eligible to take the Competency evaluation provided:
a. The credentials of education are
translated into English;
b. The
requirement of Section (D)(8)(a) of Rule 1.10 is met; and
c. The requirements of Section (D)(11) of
Rule 1.10 are met.
10.
At the discretion of the Board and prior to taking the Competency evaluation,
individuals trained in the United States military will be allowed to sit for
examination by showing substantially equivalent training on transcripts that
meet the requirements of the Omnibus Budget Reconciliation Act of 1987 and to
be certified by testing and demonstration of competency as provided for in
section 12-20-202(4),
C.R.S., subject to requirements of Section (D)(11) of Rule 1.10.
11. Requirements to be completed for
certification by examination:
a. Submission of
application on the current Board approved form;
b. Payment of all applicable application and
examination fees;
c. Verification
of educational credentials (any individual who has an active or expired nursing
or psychiatric technician license in good standing need not provide
transcripts); and
d. Meets all state
and federal requirements for certification in Colorado.
12. Competency evaluation limitations:
a. The applicant must have successfully
completed both the written and manual skills Competency evaluation within two
years of the receipt of the application for certification.
b. An applicant who fails any component of
the Competency evaluation three times, must repeat a nurse aide training
program before being eligible to apply for nurse aide certification or to take
the Competency evaluation at any time in the
future.
E.
CERTIFICATION BY ENDORSEMENT
1.
Pursuant to the Occupational Credential Portability Program under section
12-20-202(3),
C.R.S., an applicant is entitled to certification as a nurse aide by
endorsement in Colorado if the applicant is currently certified in good
standing in another state or US territory or through the federal government, or
holds a military occupational specialty, as defined in section
24-4-201, C.R.S., and has
submitted satisfactory proof under penalty of perjury that:
a. The applicant:
(1) Has substantially equivalent education,
experience, or credentials that are required by Article
255 of Title
12, C.R.S.; or
(2) Has held for at least one year a current
and valid certificate as a nurse aide in a jurisdiction with a scope of
practice that is substantially similar to the scope of practice for nurse aides
as specified in Article
255 of Title
12, C.R.S., and these rules.
b. The applicant has not committed
an act that would be grounds for disciplinary action under Article
255 of Title
12, C.R.S.
c. The applicant has submitted an application
on the current Board approved form and has paid the application fee.
d. The Board may deny such registration if:
(1) The Board demonstrates by a preponderance
of evidence, after notice and opportunity for a hearing, that the applicant:
(a) Lacks the requisite substantially
equivalent education, experience, or credentials for certification;
or
(b) Has committed an act that
would be grounds for disciplinary action under Article
255 of Title
12, C.R.S.
F.
REQUIREMENTS FOR RENEWAL AND REINSTATEMENT
1. Certificates are subject to renewal as set
forth in section
12-20-102, C.R.S.
a. The certificate may be renewed when the
nurse aide maintains continued certification prior to the expiration date of
the certificate.
(1) Nurse aide certificate
renewal applications postmarked after the certificate's expiration date and
prior to the end of the grace period, may be assessed a late fee.
(2) The certificate holder's online renewal
confirmation or a receipt from the Board will be considered as proof of renewal
until the renewed certificate is issued.
(3) Separate payments are required for each
renewal application.
b.
A certificate that is not renewed by the nurse aide within the renewal period
including the sixty day grace period will be subject to reinstatement
requirements.
2. A nurse
aide must attest that she/he has received monetary compensation for performing
at least eight hours of nursing care activities during the twenty-four months
prior to the renewal or reinstatement application date. This attestation serves
as proof of this requirement.
3. To
reinstate a certificate that has been expired for less than two years the nurse
aide must submit:
a. A Board approved
reinstatement application signed by the nurse aide; and
b. Payment of the required fee.
4. To reinstate a certificate that
has been expired for more than two years, the applicant must re- take and pass
the Competency evaluation and submit:
a. A
Board approved examination application; and
b. Payment of the required fee.
5. If the nurse aide has not
performed nursing care activities as described in Section (F)(2) of Rule 1.10:
a. To renew the certificate the nurse aide
must submit:
(1) A Board approved renewal
application;
(2) Payment of the
required fee; and
(3) Evidence that
the nurse aide has passed the Board's Competency evaluation within the past
twenty-four months.
b.
To reinstate the certificate the nurse aide must submit:
(1) A Board approved reinstatement
application;
(2) Payment of the
required fee; and
(3) Evidence that
the nurse aide has passed the Board's Competency evaluation within the past
twenty-four months.
c.
To reinstate a certificate that has been expired for more than two years, the
applicant must re-take and pass the written and manual skills Competency
evaluation and submit:
(1) A Board approved
examination application; and
(2)
Payment of the required fee.
6. The nurse aide's attestation on the
reinstatement application serves as the verification of the eight hours of
compensated nursing care activities.
G.
GENERAL RULES RELATING TO
CERTIFICATES
1. The nurse aide is
responsible for maintaining his/her own documentation of skills, education and
test results.
2. Any application
not completed within one year of the date of the original application expires
and will be purged.
3. Name and
address changes:
a. The nurse aide must supply
to the Board legal evidence of name change within thirty days of the effective
date of the name change.
b. The
nurse aide must notify the Board within thirty days of any change of address.
This notification may be submitted in writing or through the Board's on-line
system.
c. Any notification by the
Board to nurse aides, as required or permitted under the Nurse and Nurse Aide
Practice Act, sections
12-255-101, et seq., C.R.S., or
the Colorado Administrative Procedures Act, sections
24-4-101 to
108, C.R.S., will be addressed to the
most recent address provided in writing to the Board by the nurse aide and any
such mailing is deemed proper service of process on said nurse aide.
H.
CERTIFICATION
AS MILITARY SPOUSE
1. The spouse of a
person who is actively serving the in the United States Armed forces and who is
stationed in Colorado in accordance with military orders shall be entitled to a
temporary license as set forth in section
12-20-202, C.R.S.
I.
CERTIFIED NURSE AIDE
(CNA) SCOPE OF PRACTICE
1. The CNA,
pursuant to the definition of nurse aide at section
12-255-104 (8.5), C.R.S., requires
supervision of tasks by an actively licensed healthcare professional. Such
services are performed under the supervision of a dentist, physician,
podiatrist, professional nurse, licensed practical nurse, or other licensed or
certified health care professional acting within the scope of the license or
certificate.
2. The CNA scope of
practice includes those tasks required by Rule 1.11 for Approval of Nurse Aide
Training Programs, Section (G)(3):
a. Basic
nursing skills including, but not limited to:
(1) Caring for Clients when death is
imminent;
(2) Taking and recording
vital signs;
(3) Measuring and
recording height and weight;
(4)
Caring for the Clients' environment;
(5) Measuring and recording intake and
output;
(6) Recognizing and
reporting abnormal signs and symptoms of common conditions related to all
systems of the body and recognizing the importance of reporting such changes to
a supervisor.
b.
Personal care skills, including but not limited to:
(1) Bathing;
(2) Grooming, including mouth care;
(3) Dressing;
(4) Toileting;
(5) Assisting with eating and
hydration;
(6) Proper feeding
techniques;
(7)
Skin-care;
(8) Transferring,
positioning, and turning.
c. Skills that meet the psychosocial and
mental health needs of Clients by:
(1)
Modifying aide's own behavior in response to Client behavior;
(2) Recognizing developmental tasks
associated with the aging process;
(3) Responding appropriately to Client
behavior;
(4) Allowing Client to
make personal choices, providing and reinforcing other behavior consistent with
the Client's dignity;
(5)
Recognizing available resources, including family, for Client
support.
d. Care of
cognitively impaired Clients, including but not limited to:
(1) Techniques for addressing the unique
needs and behaviors of individuals with dementia (Alzheimer's and
others);
(2) Communicating with
cognitively impaired Clients;
(3)
Understanding the behavior of cognitively impaired Clients;
(4) Appropriate responses to the behavior of
cognitively impaired Clients;
(5)
Methods of reducing the effects of cognitive impairments.
e. Basic restorative services, including but
not limited to:
(1) Training the Client in
self-care according to the Client's abilities;
(2) Using assistive devices for transferring,
ambulation, eating and dressing;
(3) Maintaining range of motion;
(4) Proper turning and positioning in bed and
chair;
(5) Bowel and bladder
training;
(6) Caring for and using
prosthetic and orthotic devices;
(7) Promoting Clients' physical ability to
function independently.
f. Knowledge and skills that promote Clients'
rights by:
(1) Providing privacy and
maintaining confidentiality;
(2)
Promoting the Clients' right to make personal choices to accommodate their
needs;
(3) Giving assistance in
resolving grievances and disputes;
(4) Providing needed assistance in getting to
and participating in Client and family groups and other activities;
(5) Caring for and maintaining security of
Clients' possessions;
(6) Promoting
and maintaining the client's right to be free from abuse, mistreatment, and
neglect;
(7) Reporting any
suspicion of abuse, mistreatment, and neglect immediately;
(8) Using appropriate interventions to
minimize the need for physical and chemical restraints in accordance with the
current professional standards.
3. Pursuant to sections
12-255-206(1)(a), (b), and
(c), C.R.S., the CNA when deemed competent by
a RN or APRN in good faith as described in Sections (I)(4), (I)(5), and (I)(6)
of Rule 1.13 may perform the following tasks only for clients/patients with
stable health conditions and who are not considered high risk:
a. Digital stimulation, insertion of a
suppository, or the use of an enema, or any other medically acceptable
procedure to produce a bowel movement.
b. Gastrostomy-tube and jejunostomy-tube
feedings.
c. Placement in a
client's mouth of presorted medication that has been boxed or packaged by a RN,
LPN, APRN, pharmacist, or in the case of a minor presorted medication that has
been sorted by the minor's parent or guardian.
(1) The CNA may only perform this task if the
boxed or packaged medication has been stored in a secure manner and showing no
signs of tampering.
(2) The CNA
will report any medication not placed in the client's mouth in a timely manner
but not more than two hours after the medication was due.
(3) In the case of liquid medication that has
been sorted by the minor's parent or guardian, such medication must be in its
original sealed container and a standard measuring device must be
used.
(4) The first dose of an
antibiotic sorted by a minor's parent or guardian must be under the observation
of a professional nurse, physician, podiatrist, or dentist who is present in
the same patient care area.
(5)
Administration of oxygen as authorized by a health care provider.
(6) Changing ostomy bags.
4. The CNA may perform
the tasks in Section (I)(3) of Rule 1.10 for clients when deemed competent by
the RN to perform the tasks in Section (I)(3) of Rule 1.10 with reasonable
skill and safety. In order to deem competence the RN will complete the
following steps:
a. RN teaching of the
procedure to perform the task;
b.
RN demonstration of the steps to perform the task;
c. RN review of risks associated with
performance of the task;
d.
Identification of what to report to the supervisor; and
e. Return demonstration of the clinical
performance of the task.
f. When
the RN deems the CNA competent to perform a task, a competency document will be
completed. The competency document will be signed, dated and retained for at
least one year by the RN determining competency. The competency document will
be signed, dated and retained permanently by the CNA deemed competent to
perform such tasks.
g. Within
thirty days of being deemed competent to perform the tasks in Section (I)(3) of
Rule 1.10 the CNA will update the expanded scope questions on the Healthcare
Professions Profile (HPPP) indicating the tasks the CNA has been deemed
competent to perform, the name and license number of the RN that deemed the CNA
competent, along with the date deemed competent.
5. Continued competence for expanded scope of
practice.
a. The CNA must demonstrate
continued competence under the direct clinical observation of the RN to be
deemed competent by the RN to perform tasks in Section (I)(3) of Rule 1.10 , to
occur not less than annually after the CNA is initially deemed competent to
perform such tasks. Upon determination of the continued competence an updated
competence document will be signed, dated and retained for at least one year by
the RN determining continued competence. The updated competence document will
be signed, dated and retained permanently by the CNA demonstrating continued
competence. The competency document will be produced upon Board
request.
b. Within thirty days of
the completion of the updated competence document the CNA will update the
expanded scope questions on the HPPP indicating the tasks the CNA has continued
competence to perform, along with the name and license number of the RN that
deemed continued competence and the date of such completion.
6. Nothing in this Section (I) of
Rule 1.10 shall be construed to prohibit or impede a facility, agency or
employer from establishing policies and procedures for the tasks set forth in
Section (I)(3) of Rule 1.10 , provided these minimum requirements are met.
Adopted January 21, 2009
Effective March 30, 2009
Revised: October 24, 2012
Effective: December 15, 2012
Revised: January 22, 2013
Effective: March 18, 2013
Revised: July 21, 2015
Effective: September 14, 2014
Revised: October 27, 2021
Effective: December 30, 2021