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Nurse Aide and Nontechnical Services Worker Registry

Verify A Nurse Aide
Nurse Aide and Nontechnical Services Worker Abuse Registry

Nurse Aide Applications and Forms

Deeming Table

Effective November 1, 2012 Title 63 of the Oklahoma Statutes (O.S.) Section 1-1950.4 mandates that use of the Uniform Employment Application by facilities who use Nurse Aide Staff.  The facilities are defined as a nursing facility or a specialized facility as such terms are defined in the Nursing Home Care Act, a residential care home, as such term is defined by the Residential Care Act, an assisted living center as such term is defined by the Continuum of Care and Assisted Living Act, a continuum of care facility as defined by the Continuum of Care and Assisted Living Act, a hospice inpatient facility or program providing hospice services as such terms are defined by the Hospice Licensing Act, an adult day care center as such term is defined by the Adult Day Care Act, and a home care agency as defined by the Home Care Act. 

Title 63 O.S. Section 1-1950.4a informs the applicant “It shall be unlawful for any person to provide false information regarding a criminal conviction on the uniform employment application” and the violation “…shall constitute a misdemeanor”. If convicted, applicant shall be punished by fine and/or imprisonment.

Regulation

List of Excluded Individuals/Entities
For many years, the Congress of the United States has worked diligently to protect the health and welfare of the nation's elderly and poor, by implementing legislation to prevent certain individuals and businesses from participating in Federally-funded health care programs, as mandated in the Social Security Act, Sections 1128 and 1156. 

The OIG established a program to exclude individuals and entities affected by various legal authorities and maintain a list of all currently excluded parties, referred to as the List of Excluded Individuals/Entities (LEIE). Bases for exclusion include convictions for program-related fraud and patient abuse, licensing board actions and default on Health Education Assistance Loans.

Links

The criminal offenses that disqualify employment and certification for nurse aides and employment for non-technical service workers are effective as of November 1, 2012. For more information regarding disqualifying offenses may be found here: Oklahoma National Background Check Program

Nurse Aide Training Program Resources

The Oklahoma State Department of Health - Nurse Aide Registry is responsible for the approval and monitoring Nurse Aide Training and Competency Evaluation Programs including, but not limited to, education-based programs and employer-based program, and determining curricula and standards for training and competency programs as specified in O.S. § 63-1-1951(A)(2-3) and 42 CFR § 483.154. 

The Nurse Aide Registry is contracted by the Centers for Medicare and Medicaid Services to review and approve Nurse Aide Training Programs (NATP). Pursuant to the Code of Federal Regulations (CFR) at Title 42, Section (§) 483.151(b)(1)(iii), in all reviews other than the initial review, the State must visit the entity providing the program. The State may not grant approval of a NATP for a period longer than 2 years as specified in 42 CFR § 483.151(d).

Nurse Aide Temporary Emergency Waiver

Effective November 1, 2004, no nursing facility, specialized facility, continuum of care facility, assisted living center, adult day care center or residential care home shall employ as a nurse aide, on a full-time, temporary, per diem, or any other basis, any individual who is not certified as a nurse aide in good standing and is not eligible for placement on the nurse aide registry maintained by the State Department of Health.

In accordance with the Nursing Home Care Act, Title 63 Oklahoma Statues (O.S.) Section 1-1950.3(B) and the Nurse Aide Training and Certification rules, at Oklahoma Administrative Code (OAC) 310:677-11-4(a)(2), OAC 310:677-3-4(i), the following requirements must be met for consideration of a Temporary Emergency Waiver:

O.S. Section 1-1950.3(B).  Use of Unlicensed Health Professionals as Nurse Aides
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(B) Such waiver shall require the following:
      1. An individual employed as a nurse aide who is enrolled in a                
Department-approved training and competency evaluation program for nurse aides shall successfully complete such training and competency evaluations within four (4) months of entering the training program;
      2. The individual shall obtain certification, and the Department shall place the nurse aide on the registry within thirty (30) days after demonstration of competency;
      3. Any nursing facility, specialized facility, continuum of care facility, assisted living center, adult day care or residential care home that employs an individual who is in nurse aide training, as provided in this section, shall ensure that the trainee shall:
         a. complete the required training and competency program as provided in rules prior to any direct contact with a resident or client,
         b. not perform any service for which the trainee has not trained and been determined proficient by the instructor, and
         c. be supervised at all times by no less than a licensed practical nurse;

OAC 310:677-11-4(a)(2)  Curriculum
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(a) The training program for long term care aides shall include:
    (2) At least sixteen (16) hours of training in the following areas prior to any  direct contact with a resident that is documented and signed by the nurse aide trainee:
      (A) Communication and interpersonal skills.
      (B) Infection control.
      (C) Safety and emergency procedures, including the Heimlich maneuver.
      (D) Promoting resident’s independence.
      (E) Respecting a resident's rights.

OAC 310:677-3-4(i) Program Requirements
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(i) Trainees shall not perform services for which they have not been trained and found proficient by the instructor.

The required training must be done by a Department approved nurse aide training program either in a facility or other approved entity.  The nurse aide trainee cannot perform any skills in a facility until found proficient by an instructor under an approved training program.  Pursuant to OAC 310:677-3-8, Records and Examination, approved training programs are required to complete, and provide trainees on request, a Skills Performance Checklist indicating the status of skill mastery.  The checklist should be obtained from the trainee and indicate mastery before the trainee is allowed to perform those duties in the facility.

Facilities which have approved nurse aide training and competency evaluation programs can use their RN or LPN to instruct their nurse aide trainees in the facility in accordance with the rules and regulations listed above.  

Feeding Assistants

Pursuant to OAC 310:675-19-1 the Oklahoma State Department of health has established “standards for training and registration of feeding assistants in Oklahoma in accordance with 42 Code of Federal Regulations Parts 483 and 488. The intent is to give nursing, specialized nursing, and skilled nursing facilities the option to use paid feeding assistants, allowing them to provide more residents with help in eating and drinking and reduce the incidence of unplanned weight loss and dehydration”.

Activities and Social Services Director Courses

Activities and Social Services director courses shall be provided through a program sponsored or approved by a nationally affiliated association of providers subject to Oklahoma Nursing and Specialized Facilities Rule, regionally accredited institution of higher learning, Oklahoma career technology center, nationally recognized professional accrediting body for activity professionals or a Department approved program [OAC 310:675-13-8(c)(3)] [OAC 310:675-13-9(c)(3)].

Pursuant to the rules for Nursing and Specialized Facilities, Chapter 675, at 310:675-13-8(b)(3) and 310:675-13-9(b)(2), the Department has authority to approve activities director and social services director courses. A Department application review will determine if state requirements for a director course are met prior to notification of approval or denial. Notice of the Department’s decision to approve or deny will be forwarded to the applicant within thirty (30) calendar days from receipt of the application. Instructors shall have a degree or substantial recent experience in the subject matter being taught, or other educational, teaching, or professional qualifications determined by the course provider [OAC 310:675-13-8(c)(7)] [OAC 310:675-13-9(c)(7)].

If the Department finds the application has not addressed all requirements, a written notice shall be provided detailing the requirements not met and providing opportunity for amendment to the application. After review, the Department will notify the course contact person of approval, disapproval, action, or changes of status regarding the course [OAC 310:675-13-8(c)(2)] [OAC 310:675-13-9(c)(2)].

Course approval shall be for a period of three (3) years from the date of approval issuance. In the interest of updated curriculum, reflecting the latest best practice, a new application, and curriculum review are required triennially. Currently approved training programs shall apply under this section within twelve (12) months from June 25, 2009, the effective date of this rule [OAC 310:675-13-8(c)(11)] [OAC 310:675-13-9(c)(11)].

Any person or entity seeking to conduct an approved Activities Director or Social Services Director course shall submit an application to the Department as provided in OAC 310:675-13-8, Activities personnel and OAC 310:675-13-9, Social services personnel.

A non-refundable application fee of $100 is required. Make check or money order payable to the Oklahoma State Department of Health or OSDH.

Contact Information

Mailing Address (for applications):
Oklahoma State Department of Health
Nurse Aide Registry
PO Box 268816
Oklahoma City, OK 73126-8816

Physical Address (requires appointment):
Oklahoma State Department of Health
123 Robert S. Kerr Ave.
Oklahoma City, OK

Phone: (405) 426-8150
Fax*: (405) 900-7572
Email*: NAR@health.ok.gov

*Applications without fees can also be emailed or faxed to the Nurse Aide and Nontechnical Service Workers Registry team.

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