DHS 129.09(1)(L)
(L) Any finding of abuse or neglect of a client or misappropriation of a client's property made by the department under s.
146.40 (4r) (b), Stats., or, if appealed, by a hearing officer under s.
146.40 (4r) (d), Stats., and a brief rebuttal statement provided by the affected nurse aide under s.
146.40 (4r) (e), Stats., if the nurse aide disputes the finding.
DHS 129.09(2)(a)(a) The department or the department's contractor shall place an individual's name on the registry within 30 days after an individual has satisfactorily completed the competency evaluation program.
DHS 129.09(2)(b)
(b) An individual who is eligible for inclusion in sub.
(5) in the registry, but for whom notification is not required under par.
(a), or a hospital, nursing home, facility for the developmentally disabled, home health agency or hospice on behalf of that individual, may apply to the department to include that individual in the registry.
DHS 129.09(3)(a)
(a) Upon receiving an application under sub.
(2) (b), the department or its agent shall review the application and make any inquiries necessary to determine if the individual is eligible to be included in the registry. False eligibility information submitted to the department or its contractor shall result in denial of the application or, if the application had already been processed, shall result in the individual's removal from the registry.
DHS 129.09(3)(b)
(b) Within 30 days after receiving an application, the department or its contractor shall approve the application and include the person in the registry, or deny the application. If the application for inclusion is denied, the department or its contractor shall give the individual, or the facility or agency that submitted the application on behalf of the individual, reasons, in writing, for the denial.
DHS 129.09(4)
(4)
Release of registry information. The registry shall serve as an official record of persons who are qualified by training and testing, or experience, to work as a nurse aide or a medication aide. The department may use registry information in its surveys of facilities and agencies. With the exception of sub.
(1) (b), the information included in the registry about nurse aides is public information. A written request for registry information shall be accompanied by a self-addressed, stamped envelope.
DHS 129.09 Note
Note: Written requests for registry information may be sent to the Office of Caregiver Quality, P.O. Box 2969, Madison, WI 53701-2969.
DHS 129.09(5)
(5)
Eligibility for inclusion on the registry. An individual is eligible to be included in the registry only if at least one of the following is true:
DHS 129.09(5)(a)
(a) The individual has, within 120 days of beginning employment as a nurse aide, successfully completed a training program and a competency evaluation program for nurse aides that are approved by the department under s.
146.40, Stats.
DHS 129.09(5)(b)
(b) The individual has successfully completed an approved training program and a competency evaluation program in another state that meet criteria for acceptance in this state.
DHS 129.09(5)(c)
(c) The individual has completed a basic nursing course from a board-approved school for nursing under s.
441.01 (4), Stats., or has completed a basic nursing course approved in another state by that state's board of nursing and the student nurse has successfully completed a competency evaluation program.
DHS 129.09(6)(a)
(a)
State-licensed-only settings. Except as provided under sub.
(7), a person included on the registry under any of the paragraphs in sub.
(5), regardless of the title under which the person is employed, is eligible to be employed as a nurse aide by a health care provider.
DHS 129.09(6)(b)
(b) Federally-certified settings. Except as provided under sub.
(7), regardless of the title under which a person is employed, a person is eligible to be employed by a health care provider if the person is included on the registry under sub.
(5) (a),
(b) or
(c), and if the person has performed nursing or nursing-related services for monetary compensation at any time during the 24 consecutive months immediately before the individual's employment in a health care provider's setting would begin. If a person has not performed nursing or nursing-related services for monetary compensation at any time during the 24 consecutive months immediately before the person's employment would begin, in order to be eligible to be employed by a health care provider, the person shall successfully complete a department-approved training and competency evaluation program, or a department-approved competency evaluation program for nurse aides.
DHS 129.09(6)(c)
(c) Student nurses. A person currently enrolled as a student nurse who has completed a basic nursing course at a school approved by the Wisconsin Board of Nursing under s.
441.01 (4), Stats., is eligible to be employed as a nurse aide in a hospital, facility for the developmentally disabled, or federally-certified intermediate care facility for individuals with intellectual disabilities even if that person is not included on the registry and even if that person has not successfully completed a competency evaluation program under sub.
(5) (c).
DHS 129.09(7)
(7)
Employment prohibitions. A federally-certified nursing home may not hire or continue to employ a nurse aide who has a finding of abuse, neglect or misappropriation entered on the registry as a result of an incident that occurred in a federally-certified nursing home. A federally-certified intermediate care facility for individuals with intellectual disabilities may not hire or continue to employ a nurse aide who has a finding of abuse, neglect or misappropriation entered on the registry.
DHS 129.09(8)
(8)
Removing nurse aides from the registry. The name of a nurse aide who has not updated the nurse aide's employment history on the registry in the previous five-year time period will be removed from the registry, except that the names of nurse aides with substantiated findings of caregiver misconduct as defined in s.
DHS 13.03 (13) will remain on the registry. For any person whose name is removed from the registry, In order to be placed on the registry again, the person shall successfully complete another nurse aide training program and competency evaluation.
DHS 129.09 History
History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08; renumbering in (6) (c) and correction in (8) made under s.
13.92 (4) (b) 1. and
7., Stats.,
Register November 2008 No. 635;
2019 Wis. Act 1: am. (6) (c), (7)
Register May 2019 No. 761, eff. 6-1-19.
DHS 129.10(1)(1)
Subject of appeal. Except for the denial of an approval of a nurse aide training or competency evaluation program under
42 CFR 483.151 (b) (2) or (3) or the withdrawal of approval of a nurse aide training or competency evaluation program under
42 CFR 483.15(e)(1) or (3), a health care provider may appeal to the department of administration's division of hearings and appeals any of the following:
DHS 129.10(2)
(2)
Appeals of waiver or variance application denials. A health care provider may contest the department's denial of a waiver or variance by requesting a hearing under s.
227.42, Stats. The request for a hearing shall be filed with the department of administration's division of hearings and appeals within 10 working days after receipt of the notice of denial. The request for hearing is considered filed when the request is received by that division.
DHS 129.10(3)
(3)
All other program appeals. Except as provided under sub.
(2), all appeals filed pursuant to sub.
(1) shall be in writing and shall take the form of a request for a hearing. The request for a hearing shall be filed with the department of administration's division of hearing and appeals no later than 30 calendar days after the date of the denial, suspension or revocation, and is considered filed when received by that division.
DHS 129.10(4)
(4)
Burden of proof. The program or person shall bear the burden of providing, by the preponderance of credible evidence, that the department's denial of a requested waiver or variance was unreasonable.
DHS 129.10 Note
Note: The address of the Department of Administration's Division of Hearings and Appeals is P.O. Box 7875, Madison, Wisconsin 53707. Appeals may be delivered in person to that office at 5005 University Avenue, Room 201, Madison, Wisconsin, or faxed to that office at 608-264-9885.
DHS 129.10 History
History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.
DHS 129.11
DHS 129.11 Feeding assistant training program requirements. DHS 129.11(1)(1)
Wisconsin's feeding assistant training programs shall require enrolled persons to successfully complete an approved feeding assistant training program, which includes all of the following federally-mandated topics, to be covered during a minimum of 8 hours of instruction:
DHS 129.11(1)(e)
(e) Safety and emergency procedures, including the Heimlich maneuver.
DHS 129.11(1)(h)
(h) Recognizing changes in residents that are inconsistent with the norm and the importance of reporting changes to the nurse.
DHS 129.11 Note
Note: Safety and emergency procedures may also include Choking: First Aid taught by the American Red Cross and the American Heart Association.
DHS 129.11(2)
(2) The feeding assistant training program shall also provide instruction on to all students on all of the following topics:
DHS 129.11(2)(a)
(a) Wisconsin's Caregiver Program under ss.
50.065 and
146.40, Stats., including background check requirements, the need to promptly report any misconduct allegations, the definitions of abuse or neglect of a client or misappropriation of a client's property and the rehabilitation review requirements.
DHS 129.11(2)(b)
(b) The client population who will be served by the feeding assistant in a program based in a nursing home. The facility-based training program curriculum shall include training specific to the identified population types. This training shall include all of the following, but is not limited to:
DHS 129.11(2)(b)1.
1. Characteristics of the population, such as the client's physical, social and mental health needs, and specific medications or treatments needed by the residents.
DHS 129.11(2)(b)3.
3. Meeting the needs of clients with dual diagnoses, such as co-occurrence of mental health disorders and alcohol or drug dependence or abuse, and maintaining or increasing the client's social participation.
DHS 129.11(2)(b)5.
5. Instruction of feeding assistants who have been trained by another facility's training program, for the current entity's specific selected population.
DHS 129.11(3)
(3) Programs may choose to add increased training requirements.
DHS 129.11(4)
(4) The program determines the number of extra hours required for the training topics listed under sub.
(2). However, the training shall be in addition to the minimum 8 hours required for the federally mandated topics under s.
DHS 129.11 (1) (a) to
(h).
DHS 129.11(5)
(5) Training programs shall stress that the only direct, hands-on duty a feeding assistant is permitted to perform is assisting residents who have no complicated feeding problems to eat or drink.
DHS 129.11 History
History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.
DHS 129.12
DHS 129.12 Feeding assistant training program curriculum. DHS 129.12(1)(1)
Feeding assistant training programs shall use a training curriculum, which has been pre-approved by the department and determined to comply with the federally mandated topics under s.
DHS 129.11 (1) (a) to
(h).
DHS 129.12(2)
(2) Feeding assistant training programs shall use the department of health services, division of quality assurance video, The Wisconsin Caregiver Program: A Blueprint for Excellence, to provide feeding assistant students instruction regarding the requirements of the caregiver program. A copy of the video is provided to the feeding assistant training program by the department.
DHS 129.12(3)
(3) Training programs that are conducted in nursing homes shall submit to the department proposed training materials to provide feeding assistants instruction regarding the facility's selected resident population.
DHS 129.12(4)
(4) Although the pre-approved standardized training curriculums include additional skill information, such as, intake and output and special care needs for residents with dysphasia, the instructor shall emphasize that the feeding assistant may not be permitted to perform any other hands-on duty, beyond assisting residents who have no complicated feeding problems to eat and drink.
DHS 129.12 Note
Note: Trained feeding assistants may identify the amounts of food and fluid consumed according to facility policy and procedures.
DHS 129.12 History
History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.
DHS 129.13
DHS 129.13 Feeding assistant training program completion. DHS 129.13(1)(1)
A person may not provide hands-on assistance with feeding or hydrating residents unless the person has successfully completed all of the following:
DHS 129.13(1)(a)
(a) A training program approved by the state for feeding assistants, including additional instruction on the selected resident population and the Wisconsin Caregiver Program requirements.
DHS 129.13(1)(b)
(b) After completing the training course, a state-approved standardized written quiz with a score of 75 percent or greater. Individuals may request the quiz to be administered orally. Instructors shall consider the needs of persons who have limited English proficiency or literacy difficulties.
DHS 129.13(1)(c)
(c) A state-approved standardized skill demonstration, determining hand washing and resident feeding competency with a score of 75 percent or greater.
DHS 129.13(2)
(2) The instructor shall observe the trainee's performance and initial and date each skill to verify the satisfactory or unsatisfactory performance.
DHS 129.13(3)
(3) Students who do not successfully pass the initial competency evaluation will be allowed the opportunity to review the training materials and retake the test. Programs can establish the number of times a candidate may retake the test. However, the program shall document the failure, opportunity for review and subsequent retake testing date.
DHS 129.13(5)
(5) The instructor shall issue a state-approved certificate to each participant who successfully completes the feeding assistant program, documenting the name of the participant, the training program and the date of successful completion.
DHS 129.13 History
History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.
DHS 129.14
DHS 129.14 Standards for instructors of feeding assistant training programs. DHS 129.14(1)(1)
The feeding assistant training programs shall determine the appropriate qualifications for their instructors based on the needs of the selected clients and the nursing home.
DHS 129.14(2)
(2) Training programs shall provide the name and qualifications of the proposed instructor to the department.
DHS 129.14(3)
(3) The primary instructor may supplement the course by including other individuals for lecture or demonstration whose qualifications or experience add benefit to the training program.
DHS 129.14(4)
(4) A paid feeding assistant is not permitted to lead the training of another paid feeding assistant student.
DHS 129.14 History
History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.
DHS 129.15
DHS 129.15 Feeding assistant training program approval process. DHS 129.15(1)(1)
A nursing home wishing to operate a feeding assistant training program shall apply for approval from the department on a form provided by the department with the nursing home's proposed selected resident population, curriculum, and proposed feeding assistant instructor information.
DHS 129.15(2)
(2) The department shall review the application and supporting materials to determine whether to approve or deny the feeding assistant training program. The department will issue a written notice regarding the decision of whether to approve or deny the application within 45 calendar days of receiving a complete application.
DHS 129.15(3)
(3) Upon approval, the department shall issue, to the feeding assistant program, the standardized training curriculum the program selects, a Wisconsin Caregiver Program video cassette, standardized competency evaluation materials, feeding assistant training program, certificate template, and a feeding assistant roster.
DHS 129.15 History
History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.
DHS 129.16
DHS 129.16 Feeding assistant employment requirements. DHS 129.16(1)(1)
A nursing home may not employ or use any person as a feeding assistant unless the person is at least 16 years of age and has:
DHS 129.16(1)(a)
(a) Successfully passed a caregiver background check, that includes no employment or licensure-prohibitive offenses in s.
146.40 (4r), Stats., or s.
48.685, Stats.
