N.J. Admin. Code § 8:43I-2.5

Current through Register Vol. 56, No. 9, May 6, 2024

Section 8:43I-2.5 - Conditional certification

(a) An applicant for certification as a nurse aide may be issued a conditional certification and may be employed in the capacity of a nurse aide for a period of up to 120 days, as follows:

1. The Department will issue a conditional certification to the applicant for a period not to exceed 120 days if the application demonstrates that the candidate has provided a sworn statement indicating that her or she has not been convicted of any of the offenses listed at 8:43I-2.3, and has not been placed on the Department's Nurse Aide Abuse Registry pursuant to 8:39-43.7(b).

2. All conditional certification documents issued by the Department shall bear the issue and expiration date, and are non-renewable.

3. Nothing in this chapter shall be construed as to permit an individual with a conditional certification authority to perform those duties of a nurse aide for which the applicant has not yet been trained or authorized to perform.

4. Nothing in this chapter shall be construed as to permit an individual to remain employed as a nurse aide for more than 120 days prior to successfully completing a NATCEP and passing the State skills and written or oral exam as required by 42 U.S.C. §§ 1396r(b)5 or 1395I-3(b)5.

5. If a conditionally certified applicant is disqualified from certification, the Department shall issue a notice to the applicant and employer, if known. The notice to the employer shall state that the applicant is disqualified, but shall not disclose the offenses upon which the disqualification is based.

i. Upon receipt of the notice, the employer shall immediately remove the person from duties which require regular contact with patients, residents or clients. The person shall not have unsupervised contact with any patient, resident or client, nor shall the property of those persons be entrusted to any disqualified applicant.

ii. If the employer receives notice from the Department that the applicant has filed for a hearing to contest the accuracy of their criminal history record background investigation, the person may remain employed pending a final decision on the person's petition, but the employer shall not permit the person to have unsupervised contact with elderly patients, residents or clients.

iii. The Department will notify the employer of any requests for hearings, and the results of any hearings, within five days of receipt of such request or disposition.

(b) Notwithstanding (a)1 and 4 above, an applicant for certification as a nurse aide may also be issued a conditional certification and may be employed in the capacity of a nurse aide for a period of up to 210 days during the existence of the Public Health Emergency and for 45 days thereafter, as follows:

1. The Department will issue a conditional certification to the applicant for a period not to exceed 210 days if the application demonstrates that the candidate has provided a sworn statement indicating that he or she has not been convicted of any of the offenses listed at N.J.A.C. 8:43I-2.3, and has not been placed on the Department's Nurse Aide Abuse Registry pursuant to N.J.A.C. 8:39-43.7(b).

N.J. Admin. Code § 8:43I-2.5

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