N.J. Admin. Code § 8:36-9.1

Current through Register Vol. 56, No. 23, December 2, 2024

Section 8:36-9.1 - Qualifications of personal care assistants

(a) For the purposes of this subchapter, each personal care assistant shall be an individual who is employed by the facility and who has completed:

1. A nurse aide training course approved by the Department in accordance with N.J.A.C. 8:39-43, and shall have passed the New Jersey Nurse Aide Certification Examination;

2. A homemaker-home health aide training program approved by the New Jersey Board of Nursing and shall be certified by the Board in accordance with N.J.A.C. 13:37-14; or

3. A personal care assistant training course approved by the Department and the competency evaluation program approved by the Department resulting in personal care assistant certification.

i. No individual shall be certified as a personal care assistant pursuant to (a)3 above unless that individual has completed the criminal history background check required by N.J.A.C. 8:43I.

(b) Each personal care assistant and each direct caregiver shall receive orientation prior to or upon employment and on-going in-service education regarding the concepts of assisted living.

(c) Personal care assistant certification shall be valid for a period of two years from the date of issue.

(d) At least once every two years, on a schedule to be determined by the Department, a certified personal care assistant shall file an application for renewal of current certification and shall complete an updated criminal history background check as required by N.J.A.C. 8:43I.

(e) In order to be eligible to renew a current certification, the certified personal care assistant shall complete at least 20 hours, every two years, of continuing education in assisted living concepts and related topics, including cognitive and physical impairment and dementia.

(f) If an individual fails to become recertified in accordance with (e) above, the name of the individual shall be removed from the New Jersey certified personal care assistant registry.

(g) In order for an individual to be reentered onto the New Jersey personal care assistant registry, the individual shall successfully complete a training course approved in accordance with the training requirements at (a)3 above in effect at the time of application and shall pass the New Jersey competency evaluation. If the individual initially became certified within the five years immediately preceding reapplication, the individual shall be recertified upon passing the New Jersey competency evaluation, and completion of a training course shall not be required.

(h) The facility shall maintain records sufficient to verify the continuing education record of present and previous employees for at least one renewal period.

(i) A certified nurse aide or certified homemaker-home health aide, functioning as a personal care assistant, shall be subject to the continuing education requirements in (e) above and the annual registry and background checks in (j) and (k) below.

(j) No licensed assisted living residence, comprehensive personal care home, or assisted living program shall employ a person as a personal care assistant without making inquiry to the New Jersey Certified Personal Care Assistant Registry, the New Jersey Certified Nurse Aide Registry, or to any other State agency registry in which the facility has a good faith belief the personal care assistant is registered.

1. Registry confirmation of a personal care assistant certification or nurse aide certification or homemaker-home health aide certification shall not be sufficient to satisfy the requirement for reference checks identified at N.J.A.C. 8:43I.

(k) A certificate issued to a personal care assistant in accordance with this section shall be suspended, denied or revoked in the following cases:

1. Substantiated findings of resident abuse or neglect or misappropriation of resident property in any health care facility licensed in accordance with 26:2H-1 et seq.;

2. Failure to complete the criminal history background check required by N.J.A.C. 8:43I, or failure to obtain a determination of rehabilitation as required by 26:2H-83 et seq.; or

3. Sale, purchase, or alteration of a certificate; use of fraudulent means to secure the certificate, including filing false information on the application; or forgery, imposture, dishonesty, or cheating on an examination.

(l) If the Department proposes to sanction the employee or to suspend, deny or revoke the certification of a personal care assistant in an assisted living residence, comprehensive personal care home, or assisted living program, the aggrieved person may request a hearing, which shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

(m) Upon receipt of a finding that a certified personal care assistant has abused, neglected, or misappropriated the property of a resident, resulting from an investigation by the State Long-Term Care Ombudsman , the Department, or other State or local governmental agency, including criminal justice authorities, the Department shall determine whether the finding is valid and is to be entered onto the personal care assistant abuse registry at which time a disciplinary hearing process shall be initiated in accordance with (n) below.

(n) Prior to entering the finding on the personal care assistant abuse registry, the Department shall provide a notice to the certified personal care assistant identifying the intended action, the factual basis and source of the finding, and the individual's right to a hearing.

1. The notice in (n) above shall be transmitted to the individual so as to provide at least 30 days for the individual to request a hearing prior to abuse registry placement. If a hearing is requested, it shall be conducted by the Office of Administrative Law or by a Departmental hearing officer in accordance with the hearing procedures established by the Administrative Procedure Act, 52:14B-1, et seq., and 52:14F-1, et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.

2. No further right to an administrative hearing shall be offered to individuals who have been afforded a hearing before a State or local administrative agency or other neutral party, or in a court of law, at which time the personal care assistant received adequate notice and an opportunity to testify and to confront witnesses, and where there was an impartial hearing officer who issued a written decision verifying the findings of abuse, neglect, or misappropriation of resident property. The individual shall have the right to enter a statement to be included in the abuse registry contesting such findings.

(o) An order of suspension, denial, or revocation may contain such provisions regarding reinstatement of the certification as the Department shall recommend. In the absence of any such provisions regarding reinstatement in the order of a denial, suspension, or revocation, the action shall be deemed to be permanent.

N.J. Admin. Code § 8:36-9.1

Amended by 54 N.J.R. 54(a), effective 1/3/2022