Current through all regulations passed and filed through September 16, 2024
(A) The director shall maintain a nurse aide
registry listing all
individuals who have met the competency
requirements of division (A) of section
3721.32 of the Revised Code. The
registry also shall include both of the following:
(1) The statement required by section
3721.23 of the Revised Code
detailing findings by the director under that section regarding alleged abuse
or neglect of a resident or misappropriation of resident property;
(2) Any statement provided by an individual
under section 3721.23 of the Revised Code
disputing the director's findings.
(B) The department
shall not
continue to list an individual on the registry as eligible to work in a
long-term care facility unless the department has received verification in
accordance with paragraph (C) of this rule that the individual provided at
least seven and one-half consecutive hours or eight hours in a forty-eight-hour
period of nursing and nursing-related services for compensation during the
twenty-four month period immediately following either the date that the
individual was placed on the registry or the most recent date of verified work.
As used in this rule, "nursing and nursing-related services" means:
(1) Attending to the personal care needs of
individuals;
(2) Providing
personal care services as defined at divisions (A)(5)(a)(i) to (A)(5)(a)(iii)
of section 3721.01 of the Revised Code; and
(3) Performing activities
delegated by a nurse which may include implementation of portions of the
nursing regimen, as defined by section
4723.01 of the Revised Code, for
individuals whose care does not require nursing assessment or the judgment of a
nurse during the performance of the delegated activity, but does not include
activities that are part of the nursing regimen which require the specialized
knowledge, judgment, and skill of a registered nurse or the application of the
basic knowledge and skill required of a licensed practical nurse licensed under
Chapter 4723. of the Revised Code or any other activities that are required to
be performed by a licensed nurse under Chapter 4723. of the Revised Code.
(C) If an individual
desires to remain on the registry as eligible to work as a nurse aide but is
not eligible because more than twenty-four consecutive months have passed since
the last date of verified work, the individual must do one of the following:
(1) Submit documentation showing that he or
she has provided at least seven and one-half consecutive hours or eight hours
in a forty-eight-hour period of nursing and nursing-related services for
compensation during that twenty-four month period; or
(2) Successfully complete additional training
and competency evaluation by complying with paragraphs (D)(1) and (D)(2) of
rule 3701-17-07.1 of the
Administrative Code.
(D) The documentation required in paragraph
(C)(1) of this rule shall include either of the following:
(1) In the case of a facility, agency, or any
other health care provider that is authorized under applicable law to provide
services that include implementation of portions of a nursing regimen, as
defined by section 4723.01 of the Revised Code, a
statement verifying the dates and hours that the
individual performed nursing and nursing-related services for compensation; or
(2) A statement by a physician or
nurse verifying that he or she has personal knowledge that the individual
provided nursing and nursing-related services to a patient under the
physician's or nurse's care. The statement shall further verify:
(a) The name of the individual that provided
nursing and nursing-related services for such patient;
(b) The nature of the nursing and
nursing-related services and the date or dates the individual last provided
seven and one-half consecutive hours or eight hours in a forty-eight-hour
period of nursing and nursing-related services;
(c) That the individual received compensation
for the services specified in paragraph (D)(2)(b) of this rule. If the
physician or nurse is unable to verify that the individual was compensated for
those services, the individual must provide further proof that he or she
received compensation for the specified services.
(E) No long-term care facility
shall continue for longer than four months to use as a nurse aide an individual
who previously met the requirements of paragraph (B) of rule
3701-17-07.1 of the
Administrative Code but is not able to verify in accordance with this rule that
he or she is currently eligible to work in a long-term care facility, unless
the individual successfully completes additional training and competency
evaluation by complying with paragraphs (D)(1) and (D)(2) of rule
3701-17-07.1 of the
Administrative Code.
Effective:
4/1/2012
R.C. 119.032 review dates:
10/27/2011 and
12/01/2016
Promulgated
Under: 119.03
Statutory Authority: 3721.04
Rule
Amplifies: 3721.28, 3721.32
Prior Effective Dates: 6/21/2004
