Comments may be submitted to the agency contact person that is listed above until the deadline given in the upcoming notice of public hearing. The deadline for submitting comments and the notice of public hearing will be posted on the Wisconsin State Legislature’s Administrative Rules website http://docs.legis.wisconsin.gov/code. RULE TEXT
SECTION 1. DHS 129.01 is amended to read:
DHS 129.01 Authority and purpose. This chapter is promulgated under the authority of ss. 146.40 (2m), (3) and (5), 146.40 (3g) and 227.11 (2) (a), Stats., to provide conditions of approval for training programs and competency evaluation programs for persons who work as nurse aides, medication aides or feeding assistants in hospitals, nursing homes or facilities for the developmentally disabled, home health agencies or hospices certified under 42USC 1395 to 1395ccc, and conditions for including persons in the department’s registry of nurse aides. SECTION 2. DHS 129.03 (30m) is created to read:
DHS 129.03 (30m) “Nurse aide training program” means an instructional program for a nurse aide that is approved by the department as mandated by s. 146.40 (3) or (3g). Nurse aide training programs can be one of two types: (a) “120-hour training program” means a Wisconsin nurse aide training program that is designed for an individual seeking to be eligible to work as a nurse aide in Wisconsin.
(b) “45-hour training program” means a nurse aide training program that is designed for an individual who received nurse aide training of less than 120 hours in another state, that when combined with an instruction program in the other state, will result in the individual receiving substantially the same instruction as an individual who completed a 120-hour training program in Wisconsin.
SECTION 3. DHS 129.07 (1) is amended to read:
DHS 129.07 Standards for nurse aide training programs. (1) CURRICULUM FOR 120-HOUR TRAINING PROGRAM. A 120-hour training program shall include theory and practice in all of the following care areas:
SECTION 4. DHS 129.07 (1m) is created to read:
SECTION 5. DHS 129.07 (2) (b) is amended to read:
DHS 129.07 (2) (b) Program standards for 120-hour training programs.
1. A 120-hour training program shall be a minimum of 120 hours in length. This requirement includes at least 32 hours of clinical experience in a clinical setting approved by the department. The first 16 hours of training shall be provided in a classroom setting before a student has direct contact with clients. Tours of a facility, including observations of clients and day−to−day facility activities, may be incorporated into the classroom hours. Competency evaluation under DHS 129.08 and provider orientation may not be counted toward meeting the 120−hour minimum requirement.
2. The program shall cover all of the following during the first 16 hours of classroom training:
a. Communication and interpersonal skills.
b. Infection control.
c. Safety and emergency procedures.
d. Promoting residents’ independence.
e. Residents’ rights.
3. A health care provider may employ a student as a nurse aide after the student has completed 16 hours of classroom training in the topics in subd. 2., and if the student is a full−time permanent employee, and is enrolled in an approved training program. The training program shall provide the health care provider with verification that the program has provided the instruction specified in subd. 2.
4. The program shall provide notification to students sponsored by Medicaid−certified nursing facilities that the students are not responsible for any costs associated with training, including deposits for textbooks or supplies used.
SECTION 6. DHS 129.07 (2) (bm) is created to read:
(2) (bm) Program standards for 45-hour training programs.
1. The 45-hour training program shall be a minimum of 45 hours in length. This requirement includes at least 16 hours of clinical experience in a clinical setting approved by the department working with residents with Alzheimer’s disease or a related dementia. Competency evaluation and provider orientation may not be counted toward meeting the 45−hour minimum requirement.
2. The program shall provide notification to students sponsored by Medicaid−certified nursing facilities that the students are not responsible for any costs associated with training, including deposits for textbooks or supplies used.
SECTION 7. DHS 129.07 (2) (d) is amended to read:
DHS 129.07 (2) (d) Nursing home−based program. Training of nurse aides may be performed under the general supervision of the director of nursing for a facility; however, the director of nursing may not act as the primary instructor or as a program trainer. Primary instructors Instructors shall not be involved in more than one role while supervising students in the clinical area.
SECTION 8. DHS 129.07(2) (e) is amended to read:
DHS 129.07 (2) (e) Expectations and records. 1. The training program shall maintain a list of the required skills and competencies a summary of the knowledge that a student will complete by the end of the training program.
2. On the list of skills, the primary instructor shall verify, by initialing and dating each individual skill, that the student has satisfactorily performed that skill. When a student has satisfactorily completed all required skills and competencies and attained the necessary knowledge, as well as achieved the stated course completion criteria, the trainee qualifies to enter a competency evaluation program.
3. The primary instructor shall provide a copy of the student’s performance record to the student at the conclusion of the student’s training.
SECTION 9. EFFECTIVE DATE: This rule shall take effect on the first day of the month following publication in the Wisconsin administrative register, as provided in s. 227.22 (2), Stats.
