Rhode Island Code of Regulations
Title 216 - Department of health
Chapter 40 - Professional licensing and facility regulation
Subchapter 05 - Professional Licensing
Part 22 - Nursing Assistants, Medication Aides, and the Approval of Nursing Assistant and Medication Aide Training Programs
Section 216-RICR-40-05-22.5 - General Requirements: Nursing Assistants and Medication Aides
Universal Citation: 216 RI Code of Rules 40 05 22.5
Current through September 18, 2024
A. No person shall be employed in this State as a nursing assistant or medication aide unless he or she holds a license as a nursing assistant in accordance with the provisions of the Act and this Part.
B. No person shall assume the title of "nursing assistant" or such similar title or use any abbreviations or any other words, letters, signs, figures, or devices to indicate that the individual using same is a nursing assistant as set forth in these Regulations, unless he or she holds a license as a nursing assistant issued by the Department. The only abbreviation that a nursing assistant may use in this State is "N.A."
C. All nursing assistants and medication aides shall assess patient pain in accordance with the Rules and Regulations Related to Pain Assessment promulgated by the Department of Health, Part 20-15-2 of this Title.
D. All nursing assistants and medication aides must notify the Department of all changes of home address and all changes of employment within ten (10) days of any such change. Failure to provide notice will result in sanctions.
22.5.1 Supervision
A. Nursing assistants must be supervised by a
licensed nurse, physician, or other appropriate health professional who is duly
licensed and/or certified as required by law. The type of supervision, either
direct or indirect, shall be determined by the licensed health care facility as
defined in R.I. Gen. Laws §
23-17-2(8).
Provided, however, those duties listed in §22.12.1(B) of this Part shall
be discharged only under direct supervision of a licensed nurse, physician, or
other appropriate health professional who is duly licensed and/or certified as
required by law.
B. A medication
aide must be supervised by a licensed nurse, physician, or other appropriate
health professional who is duly licensed and/or certified as required by law.
The type of supervision, either direct or indirect, shall be determined by the
licensed health care facility as defined in R.I. Gen. Laws §
23-17-2(8),
provided, however, those duties listed in §22.12.1(B) of this Part shall
be discharged only under direct supervision of a licensed nurse, physician, or
other appropriate health professional who is duly licensed and/or certified as
required by law.
C. For the first
three (3) months of employment, a licensed nurse designated by the health care
facility, adult day services program, or assisted living residence, as
appropriate, shall conduct and document monthly evaluations (in accordance with
the evaluation checklist on the Department website) of a medication aide who
administers medication. After the first three (3) months, the evaluation shall
be conducted no less than quarterly. Copies of said evaluations shall be placed
in the medication aides' personnel records.
D. Persons who are actively enrolled in a
bachelor of science program in nursing, associate degree program in nursing,
accredited licensed practical nursing program, or registered nurse course of
study in a National League for Nursing Accrediting Commission, Inc., or a
Commission on Collegiate Nursing Education (CCNE) accredited nursing program,
and have completed two (2) clinical courses, including a Fundamentals of
Nursing course, and who provide written documentation from the clinical
supervisor indicating that the student is prepared to serve as a nursing
assistant, are exempt from completing a Nursing Assistant Training Program and
from sitting for the National Nurse Assistant Assessment Program Skills
portion.
22.5.2 General Requirements: Medication Aides
A. Persons licensed by the Department as
medication aides may administer medications, as provided in this Part, in
nursing facilities, adult day services programs, and assisted living
residences.
B. Medication Aides may
not administer medications to patients who reside at home.
C. In accordance with R.I. Gen. Laws §
23-17.9-2(3), a
medication aide license may be issued to any person who meets the requirements
established under the Act and this Part.
D. No person may serve as a medication aide
without holding a valid medication aide license issued by the
Department.
E. A medication aide
applicant shall be required to furnish such information as the Department may
prescribe, and simultaneously with the filing of said application, shall pay to
the Department the required non-refundable fee as set forth in Fee Structure
for Licensing, Laboratory and Administrative Services Provided by the
Department of Health (Part 10-05-2 of this Title).
F. All licenses issued to medication aides
shall be valid for a period of two (2) years and shall expire on the same date
as the medication aide's nursing assistant license.
G. A medication aide shall wear a name tag
that indicates the aide's name and the appropriate license
designation.
22.5.3 Qualifications for Applicants
A.
An applicant seeking a license as a Nursing Assistant must demonstrate:
1. Successful completion of a
department-approved nursing assistant training program; or be actively enrolled
in a nursing program in accordance with §22.5.1(D) of this Part;
and
2. Successful completion of the
required nursing assistant examination; or
3. Possession of a current license as a
nursing assistant in good standing in another State or jurisdiction that
includes successful completion of a State-approved training program that meets
or exceeds Rhode Island Nursing Assistant training program requirements, and
successful completion of a State-approved nursing assistant exam, and provides
documentation of the equivalent of three (3) months of full-time work
experience as a nursing assistant; or
4. Successful completion of a one hundred
(100) hour State-approved training program in another State or jurisdiction
that includes a minimum of twenty (20) hours of practical clinical training
under supervision, and successful completion of a nursing assistant
examination.
B. An
applicant seeking License as a Medication Aide shall:
1. Possess an active license as a nursing
assistant in Rhode Island;
2. Be a
high-school graduate or the equivalent;
3. Not have been convicted of any felony for
crimes involving controlled substances (subject to waiver by the Department
upon presentation of satisfactory evidence that such conviction does not impair
the ability of the person to conduct the duties of a medication aide without
endangering public health and safety);
4. Provide proof of successful completion of
a Department-approved medication aide training program defined in this
Part.
5. Pass the Medication Aide
Certification Exam.
C.
Duties and Responsibilities of a Medication Aide A medication aide may perform
only those tasks and duties for which he or she has been trained and for which
there is documentation of proof of proficiency, as determined by his or her
supervisor, but in no case shall those tasks and duties exceed what is
permitted by Regulation, law, scope of practice, or as set forth in
§22.12.3 of this Part.
D.
License Application
1. Nursing Assistants
a. Application for a Rhode Island license as
a nursing assistant shall be made on forms provided by the
Department.
b. Such application
must be accompanied by the following:
(1)
Documented evidence of completion of a Department-approved nursing assistant
training program;
(2) Documented
evidence of successful completion of the required nursing assistant
examination;
(3) The non-refundable
processing fee in accordance with R.I. Gen. Laws §
23-17.9-5 and as set forth in the
Fee Structure for Licensing, Laboratory and Administrative Services Provided by
the Department of Health (Part 10-05-2 of this Title).
(4) If the nursing assistant is employed by a
health care facility at the time of application and is continuously employed by
the same facility for six (6) months after the license is issued, the fee
required pursuant to R.I. Gen. Laws §
23-17.9-5 shall be directly
refunded to the applicant by the facility or agency.
(5) Full Bureau of Criminal Investigation
(BCI) check from the Rhode Island Attorney General's Office;
(6) If seeking registration under the
provisions of §22.5.3(A)(3) of this Part, the applicant shall submit proof
of an active license in good standing from the State or jurisdiction, written
documentation from an employer attesting to no less than the equivalent of
three (3) months of full-time work experience as a nursing assistant, as well
as the items required in §§22.5.3(D)(1)(b) ((1)) through ((3)) of
this Part.
(7) If seeking
registration under the provisions of §22.5.3(A)(4) of this Part, the
applicant shall submit written documentation of successful completion of a one
hundred (100) hour State-approved training program (including the minimum of
twenty (20) hours of practical clinical training under supervision) completed
in another State or jurisdiction as well as the items required in
§§22.5.3(D)(1)(b) ((2)) and ((3)) of this
Part.
2.
Medication Aides
a. Application for a Rhode
Island license as a medication aide shall be made on forms provided by the
Department.
b. Such application
must be accompanied by the following:
(1)
Documented evidence of completion of a Department-approved medication aide
training program including a signed statement from the clinical supervisor or
licensed nurse.
(2) The
non-refundable application fee as set forth in the Fee Structure for Licensing,
Laboratory and Administrative Services Provided by the Department of Health
(Part 10-05 2 of this Title); and
(3) Full Bureau of Criminal Investigation
(BCI) check from the Rhode Island Attorney General's Office.
22.5.4 Licensure by Examination: Nursing Assistants
A. The nursing
assistant written and practical examinations shall be selected and approved by
the Director or designee.
B. All
applicants shall be required to successfully complete the nursing assistant
examinations within a period of one (1) year from the date that the applicant
began the nursing assistant training program. If more than one (1) year has
passed, the nursing assistant applicant shall be required to complete the
nursing assistant training program again.
C. Nursing assistant applicants shall be
given three (3) opportunities to successfully complete both the written and
practical components of the nursing assistant examinations. After three (3)
unsuccessful attempts to complete the nursing assistant examinations, the
nursing assistant shall be required to repeat the nursing assistant training
program.
D. Applicants for initial
licensure as a nursing assistant by examination who have completed a nursing
assistant training program in accordance with this Part, may be issued a one
hundred twenty (120) day Temporary Permit authorizing the applicant to work
under direct supervision of a licensed nurse or physician until the applicant
has passed all required portions of the National Nursing Assistant Assessment
Program or a nursing assistant written and practical examination selected and
approved by the Director or his/her designee.
E. The training program shall provide ongoing
assistance to candidates, as necessary and upon the candidate's request, to
assure that testing date(s) are scheduled, and to facilitate the candidate's
attendance and successful performance of the necessary tests. The availability
of this assistance shall be communicated to all candidates prior to the
conclusion of the training course. These efforts shall be documented and made
available to the Department upon demand.
22.5.5 Issuance and Renewal of License and Fee
A. The Department shall issue
to applicants who have satisfactorily met the license requirements of this Part
a license as a nursing assistant and/or medication aide. Unless suspended or
revoked, this license shall expire biennially (every two (2) years) on June 30
of every other year following the date of issuance of the original
registration.
B. Every nursing
assistant and/or medication aide who wishes to renew his or her license shall
file a renewal application with the Department together with the renewal fee as
set forth in the Fee Structure for Licensing, Laboratory and Administrative
Services Provided by the Department of Health (Part 10-05-2 of this Title)
before June 15.
C. Upon receipt of
such renewal application and payment of the fee, the Department shall renew the
license effective July 1, and expiring June 30, two (2) years later unless the
license is suspended or revoked.
D.
Any nursing assistant and/or medication aide whose license lapses for a period
of less than two (2) years may be reinstated by the Department upon submission
of an application and payment of the renewal fee(s) as set forth in the Fee
Structure for Licensing, Laboratory and Administrative Services Provided by the
Department of Health (Part 10-05-2 of this Title), unless the registration has
been suspended or revoked.
E. A
nursing assistant seeking renewal shall have been employed as a nursing
assistant for at least eight (8) hours within the prior twenty-four (24) months
and have completed twelve (12) hours of in-service training per year at the
facility where employed; or have successfully completed a nursing assistant
training program and passed the exam for licensure within the past twenty-four
(24) months.
F. A medication aide
seeking renewal shall have been employed as a medication aide for at least
eight (8) hours within the prior twenty-four (24) months and submit proof of
four (4) Continuing Education Units; or have completed a medication aide
training program and have passed the Medication Assistant Certification Exam
within the past twenty-four (24) months.
G. A nursing assistant applicant seeking
renewal shall have been employed as a nursing assistant in:
1. A Rhode Island-licensed health care
facility licensed under the provisions of R.I. Gen. Laws Chapter
23-17;
2. An assisted living
residence licensed under the provisions of R.I. Gen. Laws Chapter
23-17.4;
3. An adult day services
program licensed under the provisions of R.I. Gen. Laws §
23-1-52; or
4. Employed by a nursing service agency
licensed under the provisions of R.I. Gen. Laws §
23-17.7.1-1.
5. Private duty employment does not meet this
employment requirement.
H. A medication aide applicant seeking
renewal shall have been employed as a medication aide in:
1. A Rhode Island-licensed nursing facility
licensed under the provisions o f R.I. Gen. Laws §
23-17-1;
2. An assisted living residence licensed
under the provisions of R.I. Gen. Laws Chapter 23-17.4; or
3. An adult day services program licensed
under the provisions of R.I. Gen. Laws §
23-1-52.
I. Any nursing assistant and/or medication
aide whose license lapses for a period of two (2) years or longer, and who
cannot provide proof of employment in accordance with §§22.5.5(G) and
(H) of this Part, shall be required to successfully complete the nursing
assistant training and/or medication aide training program, and all required
examinations, prior to being reinstated as a nursing assistant and/or
medication aide.
J. A nursing
assistant applicant seeking renewal shall attest that he or she has been
employed within the previous twenty-four (24) months when completing the online
renewal form. Renewal applicants are subject to audit and must retain proof of
completion of in-service hours and/or Continuing Education Units for a three
(3) year period.
K. Continuing
Education Requirements: Medication Aides
1.
Every medication aide seeking renewal of a license under the provisions of the
Act and this Part shall provide satisfactory evidence to the Department that in
the preceding two (2) years the licensee has completed four (4) required
continuing education hours as established in this section.
2. Continuing education hours related to
medication administration will be accepted by the Board for course work that
has been presented, accepted, or approved by recognized professional nursing
organizations, schools of pharmacy, health care facilities, employing
organizations, or other professional organization, labor organization, or
accrediting agency as may be approved by the Board.
3. At the time of license renewal, each
medication aide will be required to attest to the completion of the above
continuing education requirements.
4. It shall be the sole responsibility of the
individual medication aide to obtain documentation (e.g., course descriptions,
proof of attendance) from the sponsoring organization, agency, or institution
of his or her participation in a continuing education program and/or activity.
These documents shall be retained by each licensee for no less than three (3)
years and are subject to random audit by the Department.
5. Failure to produce satisfactory
documentation of completion of the requirements of this section, upon request
by the Board, constitutes grounds for disciplinary action under the provisions
of the Act.
L. Removal of
Name from Nurse Aide Registry
1. In the case
of a finding of unprofessional conduct, as defined in this Part, a nursing
assistant may petition the Department in writing to have his or her record of
discipline removed from the registry upon a determination by the Department
that the employment and personal history of the nursing assistant does not
reflect a pattern of unprofessional conduct; and the conduct involved in the
original finding was a singular occurrence.
2. A nursing assistant shall submit a written
petition to:
Rhode Island Department of Health
Nursing Assistant Advisory Board
3 Capitol Hill, Room 104
Providence, RI 02908
3. Such petition shall request that the
nursing assistant's offense be removed from the registry in accordance with the
criteria stated in §22.5.5(L)(1) of this Part.
4. The nursing assistant's name and record of
discipline shall remain on the registry for a period of two (2) years from the
date on which the name was placed on the registry after which time the name may
be removed if the petitioner's request is granted by the
Department.
M.
Reinstatement of Nursing Assistant License
1.
A nursing assistant who has been licensed in Rhode Island in good standing, has
let his or her license lapse, and has been working as a nursing assistant in
another State or jurisdiction within the two (2) years immediately preceding
the application for reinstatement and has completed twelve (12) hours of
in-service per twelve (12) month period, may apply for reinstatement upon
submission of the following:
a. Photocopy of
active license/registration from the State or jurisdiction where employed as a
nursing assistant;
b. Reinstatement
processing fee as set forth in the Fee Structure for Licensing, Laboratory and
Administrative Services Provided by the Department of Health (Part 10-05-2 of
this Title);
c. Attestation of
employment as a Nursing Assistant for eight (8) hours within the past two (2)
years (license must be current at the time of employment) in a nursing home,
hospital, home care agency, assisted living residence, adult day services
program, or employed by a nursing service agency;
d. Attestation of completion of twelve (12)
hours per twelve (12) month period of in-service training;
e. Verification from current State of
licensure that the applicant for reinstatement is and has been in good standing
in that jurisdiction.
Disclaimer: These regulations may not be the most recent version. Rhode Island may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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