New York Codes, Rules and Regulations
Title 10 - DEPARTMENT OF HEALTH
Chapter V - Medical Facilities
Subchapter A - Medical Facilities-minimum Standards
Article 1 - General
Part 403 - Home Care Worker Registry
Section 403.4 - Responsibilities of state approved education or training programs
Universal Citation: 10 NY Comp Codes Rules and Regs ยง 403.4
Current through Register Vol. 46, No. 39, September 25, 2024
(a) Any entity that offers or provides a State approved education or training program shall, for each trainee who begins a training program:
(1)
(i)
Verify the identity of the trainee by examining at least one of the following
unexpired documents:
(a) driver's license or
identification card issued by a State or outlying possession of the United
States, provided it contains a photograph or information such as name, date of
birth, gender, height, eye color and address;
(b) identification card issued by Federal,
State or local government agencies or entities, provided it contains a
photograph or information such as name, date of birth, gender, height, eye
color, and address;
(c) school
identification card with a photograph;
(d) voter's registration card;
(e) United States military card or draft
record;
(f) military dependent's
identification card;
(g) United
States coast guard merchant mariner card;
(h) Native American tribal
document;
(i) driver's license
issued by a Canadian government authority;
(j) United States passport or United States
passport card;
(k) permanent
resident card or alien registration receipt card; or
(l) employment authorization document that
contains a photograph.
(ii) For any such document examined,
information regarding the document title, issuing authority, document number
and expiration date, if any, must be recorded and maintained in the permanent
records of the program.
(iii) If
the trainee fails to provide any of the documents specified in subdivision (a)
of this section, the training program must deny participation in the
program.
(2) Obtain all
of the information required by section
3613
(3)(a)-(e) of the Public Health Law and
maintain such information in the permanent records of the program.
(3) Within 10 business days of successful
completion of the program, enter the information required by section
3613
(3)(a)-(e) of the Public Health Law into the
registry in the form and manner required by the department.
(4) Upon request of a trainee or a person who
has successfully completed an approved education or training offered by the
program, and upon proof of identity, provide access to complete registry
information relating to such person, including a printed report if
requested.
(5) Within 10 business
days after a request by a trainee or a person who has successfully completed an
approved education or training offered by the program, correct information
entered incorrectly into the registry by the program. A program must request
verification from the worker supporting the correction.
(6) Within 10 business days after a trainee
has successfully completed an approved education or training offered by the
program, ensure that a written sworn statement by the senior official of the
entity, made under penalty of perjury, has been fully executed and included in
the permanent records of the program. The written sworn statement must:
(i) identify each trainee who has
successfully completed the program by name, address, date of birth and date of
completion of the program;
(ii)
describe the nature of the education or training covered in the
program;
(iii) certify that the
trainee has in fact successfully completed the identified program;
and
(iv) certify that the entity
has verified the true identity of each trainee who has successfully completed
the identified program as required in subparagraph (a)(1) of this
section.
(7)
(i) Within 10 business days after the written
sworn statement described in subparagraph (a)(6) of this section has been
executed by the senior official of the entity, print and sign the certificate
of successful completion generated by the department and provide a copy of the
signed certificate to the trainee. The original certificate must be maintained
in the permanent records of the program.
(b) Any entity that offers or provides a state approved education or training program shall submit information to the registry about each class offered to train or educate home care services workers, before or within 10 business days after the commencement of the class, regarding the following:
(1) name and date of
birth of each person attending the program;
(2) the location, dates and times where the
classroom portion of the program will be held;
(3) the name, title and qualifications of the
person(s) who will be delivering the classroom instruction; and
(4) The anticipated date of
graduation.
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