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2019 - 2020 LEGISLATURE
March 13, 2019 - Introduced by Representatives Petryk, Born, Brooks, Dittrich,
Duchow, Edming, Gundrum, Hutton, James, Knodl, Kuglitsch, Kulp,
Loudenbeck, Magnafici, Meyers, Murphy, Mursau, Myers, Novak,
Oldenburg, Quinn, Ramthun, Rodriguez, Rohrkaste, Sinicki, Skowronski,
Snyder, Spiros, Stafsholt, Summerfield, Tittl, Tusler, VanderMeer,
Vruwink and Wichgers, cosponsored by Senators Cowles, Petrowski,
Kapenga, Feyen, Kooyenga, Bernier, Stroebel, Darling, Marklein,
LeMahieu, Olsen, Jacque, Nass, Bewley, Testin and Tiffany. Referred to
Committee on Aging and Long-Term Care.
AB76,1,2 1An Act to amend 146.40 (3) of the statutes; relating to: hours of instructional
2program for nurse aides.
Analysis by the Legislative Reference Bureau
This bill conforms state law for instructional programs for nurse aides to the
federal law requirements for Medicare and Medicaid. Specifically, the bill prohibits
the Department of Health Services from requiring an instructional program to
exceed the federally required minimum total training hours or minimum hours of
supervised practical training, which is clinical experience, specified in the federal
regulation. The current federal regulation requires no less than 75 hours of training
with at least 16 of those hours being supervised practical training.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB76,1 3Section 1. 146.40 (3) of the statutes is amended to read:
AB76,2,94 146.40 (3) Except as provided in sub. (4d), the department shall approve
5instructional programs for nurse aides that apply for, and satisfy standards for,
6approval that are promulgated by rule by the department. The department may not
7require an instructional program to exceed the federally required minimum total

1training hours or minimum hours of supervised practical training under 42 CFR
The department shall review the curriculum of each approved
3instructional program at least once every 24 months following the date of approval
4to determine whether the program continues to satisfy the standards for approval.
5Under this subsection, the department may, after providing notice, suspend or
6revoke the approval of an instructional program or impose a plan of correction on the
7program if the program fails to satisfy the standards for approval or operates under
8conditions that are other than those contained in the application approved by the
AB76,2,1010 (End)