N.J. Admin. Code § 8:39-43.3

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

Section 8:39-43.3 - Exceptions

(a) The following persons may take the Department's written/oral examination without first completing a nurse aide training course and clinical skills evaluation approved in accordance with 8:39-43.10:

1. Students, graduate nurses, or foreign licensed nurses, pending licensure, who submit evidence of successful completion of a course in the fundamentals of nursing;

2. Persons who submit evidence of the successful completion of a course in the fundamentals of nursing within the 12 months immediately preceding application to take the written/oral competency examination, including:

i. Persons certified as a nurse aide in long-term care facilities in another state by a state governmental agency and listed on that state's nurse aide registry, who do not meet the requirements for equivalency specified at (a)1 above; and

ii. Persons who have had training and experience as a nurse aide in a military service, equivalent to that of a nurse aide;

3. Persons who are certified as homemaker-home health aides by the New Jersey Board of Nursing, in accordance with N.J.A.C. 13:37-14, and who successfully complete the Long-Term Care Module of the Core Curriculum for Unlicensed Assistive Personnel approved by the Department; and

4. Persons who successfully complete the Core Curriculum for Unlicensed Assistive Personnel approved by the Department and the New Jersey Board of Nursing, and the Long-Term Care Module of the Core Curriculum for Unlicensed Assistive Personnel approved by the Department.

(b) Notwithstanding the requirements of (a) above, during the existence of the Public Health Emergency and for 45 days thereafter, the following individuals may be temporarily employed as certified nurse aides without completing the requirement to pass the Department's written/oral examination:

1. Students, graduate nurses, or foreign licensed nurses, pending licensure, who submit to a facility evidence of the successful completion of a course in the fundamentals of nursing; and

2. Other persons who submit to a facility evidence of the successful completion of a course in the fundamentals of nursing within the preceding 12 months.

(c) All individuals seeking to work as a nurse aide pursuant to this waiver/modification must comply with the requirements for a criminal background check pursuant to 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 under (b) 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 actions pursuant to this section were implemented, including a list of the names, Social Security numbers, and birth dates of the individuals temporarily hired pursuant to this waiver/modification, the records of each individual's successful completion of a course in the fundamentals of nursing, 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 that 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 § 8:39-43.3

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