Section 33-43-01-05 - Nurse aide competency evaluation1. Any individual employed by a nursing facility to provide nursing or nursing-related services, who is not a licensed nurse or volunteer, must successfully complete a department-approved certified nurse aide competency evaluation program to be eligible to apply to be placed on the department's nurse aide registry. a. The department-approved certified nurse aide competency evaluation program must allow a nurse aide the option of establishing competency through written or oral and manual skills examination. b. The written or oral examination must address all areas required in the department-approved training program. c. The written or oral examination must be developed from a pool of test questions, only a portion of which may be utilized in any one examination. d. The competency evaluation program must include a demonstration of the randomly selected tasks the individual will be expected to perform as part of the individual's function as a nurse aide. e. The competency evaluation program must provide for a system that prevents disclosure of both pool questions and the individual competency evaluations. f. The competency evaluation program must ensure that nurse aides employed by or having an offer of employment from a facility are not charged for any portion of the competency evaluation program. 2. Any individual employed by a home health agency to provide home health aide services must complete a home health competency evaluation program to be eligible to apply to be placed on the department's nurse aide registry. The competency evaluation program consists of the following: a. The competency evaluation must be conducted by a registered nurse who possesses a minimum of two years of nursing experience, at least one year must be in the provision of home health care. b. The competency evaluation must address each of the items listed in subdivision c of subsection 2 of section 33-43-01-04. (1) The items listed in paragraphs 3, 10, 11, and 12 of subdivision c of subsection 2 of section 33-43-01 -04 must be completed by observation of the aide's performance of the tasks with a patient or other live individual. (2) All other items listed in subdivision c of subsection 2 of section 33-43-01 -04 can be evaluated through written or oral examination or observation of the aide with a patient. c. A home health aide is not considered to have successfully passed a competency evaluation program if the aide has an unsatisfactory rating in more than one of the required areas. (1) A home health aide cannot perform any task for which the aide is evaluated to perform unsatisfactorily unless under the direct supervision of a licensed nurse. (2) The home health aide must receive training in the areas determined unsatisfactory and pass a subsequent evaluation satisfactorily prior to performing a task without supervision. d. The agency must maintain documentation that the competency evaluation requirements of this subsection have been met be each home health aide. 3. Any individual who is employed directly or by contract by a health care facility or other setting that is not a nursing facility or a home health agency must successfully complete a nurse aide competency evaluation program to be eligible to apply to be placed on the department's nurse aide registry. a. The competency evaluation program must be completed by a licensed nurse or employer. b. The competency evaluation must, at a minimum, address the areas listed in subdivision a of subsection 3 of section 33-43-01-04. c. A nurse aide is not considered to have successfully passed a competency evaluation program if the individual has an unsatisfactory rating in a required area identified in subdivision a of subsection 3 of section 33-43-01-04. d. A nurse aide may perform tasks for which the aide has been competency evaluated to perform, and may not perform tasks for which the competency evaluation was unsatisfactory unless under the direct supervision of a licensed nurse. N.D. Admin Code 33-43-01-05
General Authority: NDCC 23-01-11, 23-17.3-08, 23-44-02
Law Implemented: NDCC 23-01-11, 23-17.3-05, 23-17.3-08, 23-44-02