N.J. Admin. Code § 8:39-43.1

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:39-43.1 - Nurse aide competency

(a) An individual who meets any of the following criteria shall be considered by the Department to be competent to work as a nurse aide in a licensed long-term care facility in New Jersey:

1. Has a currently valid nurse aide in long-term care facilities certificate and is registered in good standing on the New Jersey Nurse Aide Registry;

2. Has been employed for less than 120 days and is currently enrolled in an approved nurse aide in long term care facilities training course and scheduled to complete the competency evaluation program (skills and written/oral examination) within 120 days of employment; or

3. Has been employed for no more than 120 days, has completed the required training specified in (a)2 above, and has been granted a conditional certificate by the Department while awaiting clearance from the criminal background investigation conducted in accordance with N.J.A.C. 8:43I.

(b) Notwithstanding (a)1 above, during the existence of the Public Health Emergency and for 45 days thereafter, an individual whose nurse aide certification has expired within the last three years must only comply with the modified requirements at N.J.A.C. 8:39-43.2.

(c) Notwithstanding (a)2 and 3 above, during the existence of the Public Health Emergency and for 45 days thereafter, an individual shall also be considered by the Department to be competent to work as a nurse aide in a licensed long-term care facility in New Jersey if:

1. The individual has been employed for less than 210 days and is currently enrolled in an approved nurse aide in long-term care facilities training course and scheduled to complete the competency evaluation program (skills and written/oral examination) within 210 days of employment; or

2. The individual has been employed for no more than 210 days, has completed the required training specified in (a)2 above, and has been granted a conditional certificate by the Department while awaiting clearance from the criminal background investigation conducted in accordance with N.J.A.C. 8:43I.

(d) Nursing homes, assisted living facilities, assisted living programs, and comprehensive personal care homes may temporarily employ individuals who qualify pursuant to (b) and (c) above. Facilities that hire one or more nurse aides under the modified requirements created by this waiver/modification must:

1. Retain records detailing which, if any, of the above actions were implemented, including a list of the names, Social Security numbers, and birth dates of the individuals temporarily hired pursuant to this waiver/modification, and the duration of the implementation;

2. Document and immediately report to the Department any incidents involving the abuse, neglect, or misappropriation of property of a resident of the facility, which are attributable to the nurse aides hired under this waiver/modification; and

3. Within one week of the hiring of one or more nurse aides, provide the Department with the names, Social

Security numbers, and birth dates of the individuals temporarily hired pursuant to this waiver/modification by sending the information to:

Garlina Finn, Education Program Development Specialist

Certification Program

New Jersey Department of Health

P.O. Box 358

Trenton, New Jersey 08625-0358

N.J. Admin. Code § 8:39-43.1

Modified by Executive Order No. 103(2020) 52 N.J.R. 1151(b), effective 4/15/2020

Modified by Executive Order No. 103(2020) 52 N.J.R. 1152(a), effective 4/29/2020