HOUSE OF REPRESENTATIVES	H.B. NO.	2160
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO NURSE AIDES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 346-46, Hawaii Revised Statutes, is amended to read as follows:

     "§346-46  Certified nurse aides; training programs and recertification. (a)  The director shall:

     (1)  Approve training programs for nurse aides and ensure that the training programs comply with all applicable federal and state requirements;

     (2)  Approve and arrange for the recertification process for nurse aides who work in medicare or medicaid certified nursing facilities;

     (3)  Approve and arrange for the recertification process for nurse aides who work in state-licensed or state-certified health care settings; and

     (4)  Require recertification not less than every two years.  The number of continuing education hours required for recertification shall not exceed twenty-four hours, except as specified by federal law.

(b)  To the extent that this section conflicts with other state laws relating to nurse aides, this section shall prevail."

     SECTION 2.  Section 457A-2, Hawaii Revised Statutes, is amended to read as follows:

     "§457A-2  Implementation.  (a)  The director shall implement the provisions of this chapter, in accordance with 42 United States Code [sections] Sections 1395i-3 and 1396r, that relate to:

     (1)  The minimum requirements and standards for certification as a nurse aide;

     (2)  Examination requirements, including the passing score;

     (3)  Maintenance requirements for continued certification on a biennial basis; and

     (4)  Implementation of a certified nurse aide registry.

     (b)  The director of health shall implement this chapter in accordance with 42 United States Code [sections] Sections 1395i-3 and 1396r, that relate to disciplining certified nurse aides who are employed in:

     (1)  Nursing facilities participating in medicare and medicaid programs; and

     (2)  Health care settings licensed or certified by the department of health.

     (c)  The director of human services shall implement this chapter in accordance with 42 United States Code [sections] Sections 1395i-3 and 1396r, that relate to:

     (1)  Training programs for nurse aides and recertification; provided that recertification shall be required not less than every two years and the number of continuing education hours required for recertification shall not exceed twenty-four hours, except as specified by federal law; and

     (2)  Disciplining of certified nurse aides employed in health care settings licensed or certified by the department of human services.

(d)  To the extent that this section conflicts with other state laws relating to nurse aides, this section shall prevail."

     SECTION 3.  Section 457A-7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§457A-7[]]  Medicare or medicaid nurse aide certification.  (a)  To be certified as a medicare or medicaid nurse aide, an applicant shall successfully complete:

     (1)  Training in a training program approved by the director of human services under section 346-46; and

     (2)  A nurse aide examination approved by the director.

     (b)  No person shall be permitted to take the examination who has not complied with the training requirements established by the director of human services in accordance with 42 United States Code [sections] Sections 1395i-3 and 1396r.

     (c)  Reciprocity shall be granted to nurse aides who have completed a state-approved program that meets both federal and state requirements.

     (d)  Nurse aides employed in medicare or medicaid certified nursing facilities shall meet both federal and state requirements.

     (e)  Maintenance requirements for the recertification process shall be on a biennial basis, and shall include an annual performance review and in-service training and employment in a medicare or medicaid facility as required by federal and state law.

     (f)  No charge shall be imposed on medicare or medicaid certified nurse aides for the maintenance of the nurse aide registry.

(g)  To the extent that this section conflicts with other state laws relating to nurse aides, this section shall prevail."

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2050.

Report Title:

Nurse Aides

Description:

Provides that certain statutes regarding nurse aides will preempt any other state law to the contrary.  Effective January 1, 2050.  (HB2160 HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.