Analysis and supporting documents used to determine effect on small business:
Nurse aide training programs are not defined by the North American Industry Classification System (NAICS), as most of these programs operate within the Wisconsin Technical College System or within a health care facility. Specific revenue, expense, and staffing data is therefore not available from this source. The department instead relies on data obtained through the Department of Health Services/Division of Quality Assurance Databases – Nurse Aides - Training Options. As of July 25, 2016, 120 nurse aide training programs are operated by various entity types within state. The type of entity and number of programs is provided in the table below.
Wisconsin Technical Colleges | 47 |
Facilities serving people with developmental disabilities | 4 |
Based on a review of department licensing data, including, financial reports submitted by the entities, Medicaid reimbursement data, number of beds and whether the entity is a part of a larger health care organization, the Department has determined that the affected nursing homes, hospitals and facilities serving people with developmental disabilities are not small businesses as defined by Section 227.114 (1) (a), Stats. The technical colleges, high schools, universities and the USDA Forest Service also do not meet the definition of a small business. Effect on small business
Based on the foregoing analysis, the rules are anticipated to have little to no economic impact on small businesses.
Statement on quality of agency data
The data sources used to draft the rules and analyses are accurate, reliable and objective and are listed in the Summary of Factual Data and Analytical Methodologies section of this rule order.
Agency contact person
Patricia Benesh
Phone: (608) 264-9896
Place where comments are to be submitted and deadline for submission
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), (3g), and (5), 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) (title) and 1. 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.
SECTION 6. DHS 129.07 (2) (bm) is created to read:
DHS 129.07 (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. Instructors Primary instructors shall not be involved in more than one role while supervising students in the clinical area.
SECTION 8. DHS 129.07 (2) (e) 1. 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 a summary of the knowledge competencies that a student will complete by the end of the training program.
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.
