Section 3701-18-22 - The state-administered test(A) The director or the director's designee shall conduct a state-administered test under division (C) of section 3721.31 of the Revised Code and this rule. Successful completion of the state-administered test shall be required for an individual to meet the requirements of division (B)(1), (B)(2), (B)(6) or (B)(7) of section 3721.28 of the Revised Code and paragraphs (B)(1), (B)(2), (B)(6) and (B)(7) of rule 3701-17-07.1 of the Administrative Code. As authorized by division (E) of section 3721.31 of the Revised Code, the director shall decline to approve any other tests in Ohio. The state-administered test shall include examination and performance demonstration components.(B) As used in rules 3701-18-22 to 3701-18-27 of the Administrative Code, "registrant" means an individual who registers with the director or the director's designee under rule 3701-18-24 of the Administrative Code to take a component of the state-administered test.(C) The examination component of the competency evaluation shall include a representative sample of material from each topic area specified in paragraph (A) of rule 3701-18-12 of the Administrative Code and the appendix to that rule, and shall be developed from a pool of test questions, only a portion of which is used in any one examination. The registrant may choose to take the examination component in writing or orally. If taken orally, the examination shall be read in a neutral manner from a prepared text, and shall include an exercise designed to determine the registrant's competency to read job-related information such as a resident's name band or the label on a bottle on a bedside stand, exit signs, danger warnings, and poisoning warnings. The examination shall be given in English, except that if the individual is working in a long-term care facility in which the predominant language of the residents is other than English, the examination may be taken orally in the predominant language used in the facility.(D) The performance demonstration portion of the test shall consist, at minimum, of performance of five tasks, which shall be selected randomly for each registrant from a pool of skills evaluation tasks ranked according to degree of difficulty, with at least one task selected from each degree of difficulty. The methods used to evaluate the registrant's performance of the tasks shall include evaluation of the registrant's non-task-oriented competency, such as communication and interpersonal skills. The performance demonstration portion of the competency evaluation may be held either in an Ohio long-term care facility or in a test center equipped for that purpose. The performance demonstration portion of the test shall be given in English, except that if the individual is working in a long-term care facility in which the predominant language of the residents is other than English, the examination may be taken at that facility in the predominant language used in the facility. Skills evaluation tasks may include but are not limited to the following:(1) Making an occupied bed;(2) Taking and recording a resident's temperature, pulse, and respiration;(3) Orienting a new resident to the facility;(4) Performing range of motion exercises;(5) Giving a bed bath; or(6) Positioning a resident on his or her side.(E) The physical facilities that the director or the director's designee uses in conducting both components of the test shall meet the requirements of rule 3701-18-10 of the Administrative Code. The director or director's designee shall not conduct either component of the test in a long-term care facility in which any event set forth in paragraph (C) of rule 3701-18-06 of the Administrative Code has occurred.(F) An individual who serves as an evaluator for the performance demonstration component of the test shall be a registered nurse who has at least one year nursing experience in a long-term care facility and who is licensed under Chapter 4723. of the Revised Code. The examination component of the test shall be proctored by at least one evaluator who shall be responsible for assuring that no cheating or disruptive behavior occurs during the examination.(G) The director or the director's designee shall advise in advance any individual who takes the test that a record of the successful completion of the evaluation will be included in the nurse aide registry established under section 3721.32 of the Revised Code.(H) Neither the director nor the director's designee shall disclose test materials, examinations, or evaluative tools used in the state-administered test to any person or government entity, except as the director or the designee determines to be necessary for the administration and enforcement of Chapter 3721. of the Revised Code and the rules adopted under that chapter. The test materials, examinations, and evaluative tools are not public records for the purpose of section 149.43 of the Revised Code and are not subject to inspection or copying under section 1347.08 of the Revised Code. The director or the director's designee shall maintain a system to assure compliance with the requirements of this paragraph.Ohio Admin. Code 3701-18-22
Effective: 11/24/2022
Five Year Review (FYR) Dates: 9/9/2022 and 11/14/2027
Promulgated Under: 119.03
Statutory Authority: 3721.30
Rule Amplifies: 3721.31
Prior Effective Dates: 08/31/1989 (Emer.), 12/01/1989 (Emer.), 04/20/1990 (Emer.), 08/14/1990 (Emer.), 10/05/1990, 09/05/1993, 08/04/2001, 07/15/2006, 11/01/2010, 07/29/2022 (Emer.)