New Jersey Administrative Code
Title 8 - HEALTH
Chapter 36 - STANDARDS FOR LICENSURE OF ASSISTED LIVING RESIDENCES, COMPREHENSIVE PERSONAL CARE HOMES, AND ASSISTED LIVING PROGRAMS
Subchapter 9 - PERSONAL CARE ASSISTANTS, CERTIFIED MEDICATION AIDES, AND OTHER DIRECT CAREGIVERS
Section 8:36-9.1 - Qualifications of personal care assistants
Current through Register Vol. 56, No. 6, March 18, 2024
(a) For the purposes of this subchapter, each personal care assistant shall be an individual who is employed by the facility and who has completed:
(b) Each personal care assistant and each direct caregiver shall receive orientation prior to or upon employment and on-going in-service education regarding the concepts of assisted living.
(c) Personal care assistant certification shall be valid for a period of two years from the date of issue.
(d) At least once every two years, on a schedule to be determined by the Department, a certified personal care assistant shall file an application for renewal of current certification and shall complete an updated criminal history background check as required by N.J.A.C. 8:43I.
(e) In order to be eligible to renew a current certification, the certified personal care assistant shall complete at least 20 hours, every two years, of continuing education in assisted living concepts and related topics, including cognitive and physical impairment and dementia.
(f) If an individual fails to become recertified in accordance with (e) above, the name of the individual shall be removed from the New Jersey certified personal care assistant registry.
(g) In order for an individual to be reentered onto the New Jersey personal care assistant registry, the individual shall successfully complete a training course approved in accordance with the training requirements at (a)3 above in effect at the time of application and shall pass the New Jersey competency evaluation. If the individual initially became certified within the five years immediately preceding reapplication, the individual shall be recertified upon passing the New Jersey competency evaluation, and completion of a training course shall not be required.
(h) The facility shall maintain records sufficient to verify the continuing education record of present and previous employees for at least one renewal period.
(i) A certified nurse aide or certified homemaker-home health aide, functioning as a personal care assistant, shall be subject to the continuing education requirements in (e) above and the annual registry and background checks in (j) and (k) below.
(j) No licensed assisted living residence, comprehensive personal care home, or assisted living program shall employ a person as a personal care assistant without making inquiry to the New Jersey Certified Personal Care Assistant Registry, the New Jersey Certified Nurse Aide Registry, or to any other State agency registry in which the facility has a good faith belief the personal care assistant is registered.
(k) A certificate issued to a personal care assistant in accordance with this section shall be suspended, denied or revoked in the following cases:
(l) If the Department proposes to sanction the employee or to suspend, deny or revoke the certification of a personal care assistant in an assisted living residence, comprehensive personal care home, or assisted living program, the aggrieved person may request a hearing, which shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.
(m) Upon receipt of a finding that a certified personal care assistant has abused, neglected, or misappropriated the property of a resident, resulting from an investigation by the State Long-Term Care Ombudsman , the Department, or other State or local governmental agency, including criminal justice authorities, the Department shall determine whether the finding is valid and is to be entered onto the personal care assistant abuse registry at which time a disciplinary hearing process shall be initiated in accordance with (n) below.
(n) Prior to entering the finding on the personal care assistant abuse registry, the Department shall provide a notice to the certified personal care assistant identifying the intended action, the factual basis and source of the finding, and the individual's right to a hearing.
(o) An order of suspension, denial, or revocation may contain such provisions regarding reinstatement of the certification as the Department shall recommend. In the absence of any such provisions regarding reinstatement in the order of a denial, suspension, or revocation, the action shall be deemed to be permanent.