16 Del. Admin. Code § 3220-2.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3220-2.0 - Requirements and Procedures for CNA Certification

2.1 Initial certification

2.1.1 To be eligible to take the examination for certification for CNA, the applicant must be a graduate of a Department approved program for CNA.

2.1.2 A certificate of completion must be issued from the approved program before filing an application for testing.

2.1.2.1 The certificate of completion must be dated within 24 months of the testing date.

2.1.2.2 Certificates of completion older than 24 months are no longer valid.

2.1.3 An application for testing shall be filed, along with a non-refundable fee, with the test vendor approved by the Department.

2.1.4 Students must take and pass both the written and clinical portions of the competency test to become certified.

2.1.5 Students who fail to obtain a passing score may repeat the test two additional times.

2.1.5.1 Students who fail to obtain a passing score after testing three times must repeat the CNA training program before retaking the test.

2.1.6 Nursing students who are currently enrolled in a nursing program will be deemed to meet the CNA educational requirements provided they have:

2.1.6.1 Satisfactorily completed a Fundamentals/Basic Nursing course and

2.1.6.2 Satisfactorily completed a specific number of hours of supervised clinical practicum in either a facility or a hospital licensed pursuant to 16 Del.C. Ch. 10 setting, under the direct supervision of a nurse. The total clock hours of clinical training required for certification shall be determined by the Department through written order signed by the Secretary. At no time may the number of clock hours be less than those required by the Centers for Medicare and Medicaid Services.

2.1.6.3 Nursing students will be approved to take the CNA competency test upon submission of a letter from their school of nursing attesting to current enrollment status and a transcript showing satisfactory course completion as described.

2.1.7 Individuals who have graduated from an RN or LPN program in the United States:

2.1.7.1 Within 24 months prior to application for certification are deemed qualified to meet the Department's nurse aide training and competency evaluation program requirements and are eligible for certification upon submission of a sealed copy of their diploma.

2.1.7.2 More than 24 months prior to application for certification are deemed qualified to meet the Department's nurse aide training program requirements and are eligible to take the competency test upon submission of a sealed copy of their diploma.

2.1.8 Foreign trained nurses are eligible to sit for the state competency test if they meet the following requirements:

2.1.8.1 The nurse must have been issued a certificate of licensure by the licensing agency in the state, territory or country where the nursing program is located.

2.1.8.2 The nurse must submit a certificate issued by the Commission on Graduates of Foreign Nursing Schools or other Board of Nursing approved agency as evidence of the educational requirements of a curriculum for the preparation of professional nurses which is equivalent to the approved professional schools in Delaware.

2.1.8.3 The nurse must submit official English translations of all required credentials.

2.1.9 CNA certification shall be granted, for a period of 2 years (24 months) to all CNAs who meet the requirements.

2.2 Reciprocity

2.2.1 Delaware CNA certification is required prior to being employed as a CNA in the State.

2.2.2 A CNA trained and certified in a State other than Delaware must have completed a program that equals or exceeds the federal nurse aide training program requirements in the Code of Federal Regulations § 483.152.

2.2.3 The Department will grant reciprocity to the out-of-state applicant provided the CNA:

2.2.3.1 Has a current CNA certificate from the jurisdiction where he or she currently practices.

2.2.3.1.1 Applicants from the State of Maryland must hold a current Geriatric Nursing Assistant certificate.

2.2.3.2 Within the last 24 months, has completed 3 months of full-time experience, equal to 420 clock hours, as a CNA performing nursing related services for pay under the supervision of a nurse or physician, or has completed a training and competency evaluation program with the number of hours at least equal to that required by the State of Delaware.

2.2.3.3 Is in good standing in the jurisdiction where he/she is currently certified.

2.2.3.4 Has submitted the required reciprocity fee along with the application.

2.2.4 CNA certification shall be granted, for a period of 2 years (24 months) to all CNAs who meet the requirements.

2.3 Certification Renewal

2.3.1 CNA certification shall be effective for two (2) years following the date of issue and shall expire two (2) years following such date, unless it is suspended, revoked, or surrendered prior to the expiration date.

2.3.2 CNAs must apply for certification renewal at least 30 days prior to the expiration date of the certification.

2.3.2.1 The required renewal fee must accompany the application for renewal.

2.3.2.2 The CNA must be able to prove that he/she has completed the requirements outlined in subsection 2.3.4.

2.3.3 A certification renewal will not be issued to a CNA who has not completed the requirements for renewal as outlined in subsection 2.3.4 and/or has not submitted an application for renewal and/or has not submitted the renewal fee.

2.3.4 In order to qualify for recertification, a CNA must complete the following during each 24 month certification period and prior to certification expiration:

2.3.4.1 24 hours of Department approved continuing education which must include:

2.3.4.1.1 Six (6) hours of dementia training and

2.3.4.1.2 Two (2) hours of resident/patient abuse/neglect/mistreatment prevention training.

2.3.4.2 Perform at least 64 hours of nursing related services for pay under the supervision of a nurse.

2.3.5 A CNA who fails to complete the requirements outlined in subsection 2.3.4 must take and pass the competency test again.

2.3.5.1 Payment of the testing fee is required when applying to take the competency test.

2.3.6 A CNA who fails to renew the certification prior to the expiration date but has completed the requirements outlined in subsection 2.3.4 may still renew the certification up to 30 days past the certification's expiration.

2.3.6.1 A late payment fee of $25.00 (in addition to the renewal fee) must be submitted with the renewal application.

2.3.7 The certification of any CNA who is on active military duty with the armed forces of the United States and serving in a theater of hostilities on the date that recertification is due shall be deemed to be current and in full compliance with this chapter until the expiration of 30 days after such CNA is no longer on active military duty in a theater of hostilities.

2.3.8 The certification of a CNA who fails to renew on time or during the 30-day late renewal period is considered lapsed.

2.3.8.1 A CNA with a lapsed certification is not permitted to work as a CNA in the State of Delaware.

2.3.8.2 The CNA must take and pass the CNA competency test in order to work as a CNA in the State of Delaware.

2.3.9 Individuals who fail to obtain a passing score on the written and/or clinical portions of the competency test after testing three times must repeat the CNA training program before additional testing will be permitted.

2.3.10 A CNA, who is certified in Delaware, may not use the certification from another State for the purpose of applying for reciprocity to avoid Delaware's continuing education requirements.

16 Del. Admin. Code § 3220-2.0

26 DE Reg. 107( 8/1/2022) (Final)