Individuals may not be employed to provide nursing or nursing-related services as a certified nurse aide, home health aide, or nurse aide, or hold themselves out to be a certified nurse aide, home health aide, or nurse aide unless the individual is registered on the department's nurse aide registry according to this chapter.
1. An individual who applies for initial registry status as a certified nurse aide shall submit a completed certified nurse aide application and verification of successful completion of a department-approved certified nurse aide training and competency evaluation program or competency evaluation program. Upon receipt and review for approval of the required information, the individual will be placed on the department's registry with a designation of certified nurse aide. a. An individual who is enrolled in a department-approved certified nurse aide training and competency evaluation program may be employed to perform nursing or nursing-related services under the supervision of a licensed nurse for no more than four months without obtaining registry status. b. An individual who is not a licensed nurse who is not enrolled in a department-approved certified nurse aide training program may not be employed in a nursing facility to provide nursing or nursing-related services until the individual obtains registry status as a certified nurse aide. c. Individuals who have met the requirements for registry listing as a certified nurse aide in other states, have a current registry status, and no validated finding may be endorsed onto the department's registry as a certified nurse aide. d. Registry status is limited to twenty-four months. Upon receipt of a completed certified nurse aide renewal application, and verification of employment within the immediate past twenty-four months, the certified nurse aide registry status will be updated to indicate current status. e. A certified nurse aide who has not performed at least eight hours of nursing or nursing-related services for pay within a continuous twenty-four-month period shall complete a department-approved training and competency evaluation program or a department-approved competency evaluation to renew current registry status. f. An individual seeking initial certified nurse aide registry status or registry renewal as a certified nurse aide on the department's nurse aide registry may not be charged a fee. 2. An individual who applies for initial registry status as a home health aide shall submit a completed home health aide application, a nonrefundable fee of twenty-five dollars, and an attestation from a qualified instructor that the individual has successfully completed a home health aide training and competency program or home health aide competency program. Upon receipt and review for approval of the required information, the individual will be placed on the department's registry with a designation of home health aide. a. An individual who is in a home health aide training and competency program may be employed to perform nursing or nursing-related services under the supervision of a licensed nurse for no more than four months without obtaining registry status. b. An individual who is not in a home health aide training program may not be employed by the home health agency to provide home health aide services until the individual obtains registry status as a home health nurse aide. c. Initial registry listing will be subject to renewal on or before September thirtieth of the second year and every two years thereafter. d. Upon receipt of a completed home health aide renewal application and a nonrefundable fee of twenty-five dollars, the home health aide registry status will be updated to indicate current status. The home health aide's registry status will be considered temporary until such time the payment is confirmed and may be rescinded if payment is not received. 3. An individual who applies for initial registry status as a nurse aide shall submit a completed nurse aide application, including documentation of verification of competency and a nonrefundable fee of twenty-five dollars. Upon receipt and review for approval of the required information, the individual will be placed on the department's registry with a designation of nurse aide. a. An individual who is in a nurse aide training and competency evaluation program may be employed to perform nursing or nursing-related services under the supervision of a licensed nurse for no more than four months without obtaining registry status. b. An individual who is not in a nurse aide training program may not be employed as a nurse aide until the individual obtains registry status as a nurse aide. c. Initial registry listing will be subject to renewal on or before September thirtieth of the second year and every two years thereafter. d. Upon receipt of a completed nurse aide renewal application, including verification of competence within the past twelve months and a nonrefundable fee of twenty-five dollars, the nurse aide registry will be updated to indicate current status. The nurse aide's registry status will be considered temporary until such time the payment is confirmed and may be rescinded if payment is not received. N.D. Admin Code 33-43-01-11
General Authority: NDCC 23-01-11, 23-17.3-08, 23-44-02
Law Implemented: NDCC 23-01-11, 23-17.3-05, 23-17.3-08, 23-44-02