Establishes certification procedures for nurse aides employed in facilities other than medicare/medicaid facilities.

A BILL FOR AN ACT

SECTION 1. The legislature recognizes that 42 United States Code sections 1395I-3 and 1396r require nurse aides working in nursing facilities participating in medicare and medicaid programs to be certified. A nurse aide working at a place other than a medicare and medicaid certified nursing facility may practice without certification.

The purpose of this Act is to require all practicing nurse aides, regardless of their place of employment, to be certified. Certifying all nurse aides will allow the department of commerce and consumer affairs and the department of health to monitor and evaluate the quality and competency of all nurse aides practicing in the State.

SECTION 2. Chapter 321, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§321-   Enforcement. (a) The director of health shall investigate allegations of abuse, neglect, and exploitation by nurse aides pursuant to chapter 91, and shall provide that information to the department of commerce and consumer affairs for the purposes of consideration in the recertification process.

(b) The director of health, after notice and hearing, may make recommendations to the director of commerce and consumer affairs to suspend or revoke any certification, impose fines, or deny recertification for:

(c) Any fine imposed by the director after a hearing in accordance with chapter 91 shall be no less than $100 and no more than $1,000 for each violation.

(d) The remedies or penalties provided by this chapter are cumulative to each other and to the remedies or penalties available under all other laws of this State."

SECTION 3. Chapter 346, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§346-   Training programs. The director of human services shall be responsible for:

SECTION 4. Chapter 457A, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part

§457A-   Definitions. As used in this chapter, unless the context clearly indicates otherwise:

"Director" means the director of commerce and consumer affairs.

"Nurse aide" means a person who performs a variety of duties relating to patients and patient care working under the supervision of a nurse, including but not limited to assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. A nurse aide may also assist a nurse by changing bed linens, delivering messages, and sterilizing instruments.

§457A-   Implementation. (a) The director shall adopted rules under chapter 91 establishing:

(4) Implementation of a nurse aide registry; and

(b) Reciprocity shall be granted to nurse aides who have completed a state approved program where the requirements of that program are comparable or acceptable to the department.

§457A-   Contract for administrative services. The director may contract with a professional testing service that is qualified to test the competency of nurse aides. The department may require that fees for services be paid directly to the professional testing service.

§457A-   Registry. The director shall issue certificates to qualified nurse aides and shall be responsible for maintenance of an up-to-date nurse aide registry which shall include the names of certified nurse aides, their places of employment, and disciplinary actions. Disciplinary actions taken against certified nurse aides shall be placed into the nurse aide registry."

SECTION 5. Chapter 457A, Hawaii Revised Statutes, is amended to read as follows:

"PART I

§457A-1 Findings and purpose. (a) The legislature recognizes that 42 United States Code §1395I-3 and §1396R require nurse aides working in nursing facilities participating in medicare and medicaid programs to be certified. This chapter implements 42 United States Code §1395I-3 and §1396R with respect to:

(b) As used in this chapter, "medicare/medicaid nurse aide" means a person who performs a variety of duties relating to patients and patient care working under the supervision of a nurse, in a facility participating in a medicare or medicaid program, including but not limited to assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. A nurse aide may also assist a nurse by changing bed linens, delivering messages, and sterilizing instruments.

§457A-2 Implementation. (a) The director of commerce and consumer affairs shall implement the provisions of 42 United States Code §1395I-3 and §1396R as they relate only to establishing:

(b) Reciprocity shall be granted to nurse aides who have completed a state approved program where the requirements of that program are comparable or acceptable to the department.

(c) For certified medicare/medicaid nurse aides employed in medicare/medicaid certified nursing facilities, both federal and state requirements shall be met. No charge shall be imposed on these nurse aides for the maintenance of the nurse aide registry.

§457A-3 Power of director. (a) The director, in accordance with chapters 91 and 92, shall adopt rules that may be necessary to implement the provisions of 42 United States Code §1395I-3 and §1396R, as well as the federal regulations adopted pursuant thereto, as they relate only to establishing:

(b) The director shall issue certificates to qualified medicare/medicaid nurse aides and shall be responsible for maintenance of an up-to-date medicare/medicaid nurse aide registry which shall include the names of certified medicare/medicaid nurse aides, their places of employment, and disciplinary actions. Disciplinary actions shall be limited to the placement of substantiated findings from the department of health into the medicare/medicaid nurse aide registry within ten working days of court settlement.

[[]§457A-4[]] Contract for administrative services. The director may contract with a professional testing service that is qualified to test the competency of medicare/medicaid nurse aides. The department may require that fees for services be paid directly to the professional testing service.

[[]§457A-5[]] Fees. The director may establish fees for services rendered to carry out the purposes of this [chapter.] part."

SECTION 6. Any nurse aide not employed in a medicare/medicaid facility and who has been recertified by June 30, 2006 may continue to be recertified on a biennial basis under part I of chapter 457A if the nurse aide passes, by December 31, 2007, a proficiency evaluation approved by the department of human services. If the nurse aide fails to pass the evaluation, the nurse aide is no longer eligible to become recertified under part I of chapter 457A, and shall apply for certification and recertification under the new part added to that chapter by this Act instead.

SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 8. This Act shall take effect on July 1, 2006.