1 STATE OF OKLAHOMA
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2 2nd Session of the 59th Legislature (2024)
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3 HOUSE BILL 3371 By: McEntire
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6 AS INTRODUCED
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7 An Act relating to long-term care; amending 63 O.S.
7 2021, Section 1-1962, as amended by Section 38,
8 Chapter 228, O.S.L. 2022 (63 O.S. Supp. 2023, Section
8 1-1962), which relates to home care agency license;
9 removing provisions relating to supportive home
9 assistant; modifying statutory references; modifying
10 applicability of Home Care Act; requiring home care
10 agency to develop written training plan for certain
11 individuals; listing required inclusions of training
11 plan; and providing an effective date.
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14 BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
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15 SECTION 1. AMENDATORY 63 O.S. 2021, Section 1-1962, as
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16 amended by Section 38, Chapter 228, O.S.L. 2022 (63 O.S. Supp. 2023,
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17 Section 1-1962), is amended to read as follows:
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18 Section 1-1962. A. No home care agency as that term is defined
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19 by the Home Care Act shall operate without first obtaining a license
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20 as required by the Home Care Act.
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21 B. 1. No home care agency, except as otherwise provided by
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22 this subsection, shall place an individual in the role of supportive
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23 home assistant with a client on a full-time, temporary, per diem, or
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24 other basis, unless the individual has completed agency-based
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 1 supportive home assistant training taught by a registered nurse in
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2 the sections applicable to the assistance required by the client.
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3 Each supportive home assistant who successfully completes agency-
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4 based training shall demonstrate competence by testing through an
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5 independent entity approved by the State Department of Health. The
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6 requirements related to application, approval, renewal, and denial
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7 of such testing entities shall be set forth in administrative rules
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8 promulgated by the State Commissioner of Health.
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9 2. The home care agency shall develop a written training plan
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10 that shall include, at a minimum, the following:
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11 a. observation, reporting, and documentation of client
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12 status and the standby assistance or other services
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13 furnished,
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14 b. maintenance of a clean, safe, and healthy environment,
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15 c. recognizing an emergency and necessary emergency
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16 procedures,
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17 d. safe techniques to provide standby assistance with
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18 bathing, grooming, and toileting,
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19 e. assistance with meal preparation and safe food
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20 handling and storage,
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21 f. client rights and responsibilities and the need for
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22 respect for the client and for the privacy and
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23 property of the client, and
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 1 g. basic infection control practices to include, at a
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2 minimum, instruction in acceptable hand hygiene
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3 techniques and the application of standard
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4 precautions.
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5 3. Supervisory visits shall be made according to the client
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6 need, as determined by the nursing supervisor, but no less than once
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7 every six (6) months.
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8 4. No supportive home assistant shall provide services to a
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9 client until a criminal history background check and a check of the
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10 nurse aide registry maintained by the State Department of Health is
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11 performed in accordance with Section 1-1950.1 of this title and the
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12 assistant is found to have no notations of abuse of any kind on the
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13 registry and no convictions of the crimes listed in subsection F of
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14 Section 1-1950.1 of this title.
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15 5. No home care agency may employ a supportive home assistant
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16 listed on the Department of Human Services Community Services Worker
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17 Registry.
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18 6. No licensed health care facility, licensed physician,
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19 advanced practice registered nurse, physician assistant, or state
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20 agency employee acting in the performance of his or her duties shall
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21 refer a client for personal care services as defined in paragraph 8
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22 of Section 1-1961 of this title or for companion or sitter services
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23 as defined in paragraph 1 of subsection A of Section 1-1972 of this
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24 title, except to an agency licensed to provide such services. For
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 1 purposes of this subsection, "licensed health care facility" shall
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2 include acute care hospitals, long-term acute care hospitals,
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3 rehabilitation hospitals, skilled nursing facilities, assisted
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4 living facilities, residential care homes, home care agencies, adult
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5 day care centers and hospice agencies.
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6 C. 1. No employer or contractor, except as otherwise provided
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7 by this subsection, shall employ or contract with any individual as
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8 a home health aide for more than four (4) months, on a full-time,
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9 temporary, per diem or other basis, unless the individual is a
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10 licensed health professional or unless the individual has satisfied
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11 the requirements for certification and placement on the home health
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12 aide registry maintained by the State Department of Health.
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13 2. a. Any person in the employment of a home care agency as
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14 a home health aide on June 30, 1992, with continuous
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15 employment through June 30, 1993, shall be granted
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16 home health aide certification by the Department on
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17 July 1, 1993. The home care agency shall maintain
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18 responsibility for assurance of specific competencies
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19 of the home health aide and shall only assign the home
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20 health aide to tasks for which the aide has been
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21 determined to be competent.
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22 b. Any home health aide employed between the dates of
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23 July 1, 1992, and June 30, 1993, shall be eligible for
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 1 certification by passing a competency evaluation and
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2 testing as required by the Department.
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3 c. Any home health aide employed on and after July 1,
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4 1996, shall complete any specified training,
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5 competency evaluation and testing required by the
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6 Department. The home care agency shall develop a
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7 written training plan for the individual that shall
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8 include, at a minimum, the following:
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9 (1) observation, reporting, and documentation of
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10 client status and assistance or other services
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11 furnished,
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12 (2) maintenance of a clean, safe, and healthy
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13 environment,
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14 (3) recognizing an emergency and necessary emergency
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15 procedures,
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16 (4) safe techniques to provide assistance with
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17 bathing, grooming, and toileting,
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18 (5) assistance with meal preparation and safe food
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19 handling and storage,
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20 (6) client rights and responsibilities and the need
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21 for respect for the client and for the privacy
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22 and property of the client, and
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23 (7) basic infection control practices to include, at
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24 a minimum, instruction in acceptable hand hygiene
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 1 techniques and the application of standard
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2 precautions.
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3 D. The provisions of the Home Care Act shall not apply to:
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4 1. A person acting alone who provides services in the home of a
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5 relative, neighbor or friend;
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6 2. A person who provides maid services only;
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7 3. A nurse service or home aide service conducted by and for
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8 the adherents to any religious denomination, the tenets of which
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9 include reliance on spiritual means through prayer alone for
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10 healing;
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11 4. A person providing hospice services pursuant to the Oklahoma
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12 Hospice Licensing Act;
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13 5. A nurse-midwife;
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14 6. An individual, agency, or organization that contracts with
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15 the Oklahoma Health Care Authority to provide services under the
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16 Home- and Community-Based Waiver for persons with developmental
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17 disabilities or that contracts with the Department of Human Services
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18 to provide community services to persons with developmental
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19 disabilities; provided, that staff members and individuals providing
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20 the services shall receive a level of training, approved by the
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21 Department of Human Services, which meets or exceeds the level
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22 required pursuant to the Home Care Act. An individual, agency, or
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23 organization otherwise covered under the Home Care Act shall be
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 1 exempt from the act only for those paraprofessional direct care
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2 services provided under contracts referenced in this paragraph;
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3 7. An individual, agency, or organization that provides or
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4 supports the provision of personal care services to an individual
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5 who performs individual employer responsibilities of hiring,
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6 training, directing and managing a personal care attendant as part
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7 of the Oklahoma Health Care Authority Consumer-Directed Personal
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8 Assistance Supports and Services (CD-PASS) waiver program. An
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9 individual, agency, or organization otherwise covered under the
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10 provisions of the Home Care Act shall be exempt from the act only
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11 for those paraprofessional direct care services provided under
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12 Oklahoma Health Care Authority contracts referenced in this
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13 paragraph, but shall not be exempt from the criminal history
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14 background check required under the Home Care Act and Section 1-
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15 1950.1 of this title for other paraprofessional direct care service
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16 providers. A personal care attendant hired by a consumer under the
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17 CD-PASS program shall be exempt from certification as a home health
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18 aide, provided such personal care attendant receives the training
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19 required and approved by the Department of Human Services;
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20 8. An individual who only provides Medicaid home- and
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21 community-based personal care services pursuant to a contract with
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22 the Oklahoma Health Care Authority;
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23 9. An individual who:
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 1 a. is employed by a licensed home care agency exclusively
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2 to provide personal care services in the home,
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3 b. has no convictions pursuant to a criminal history
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4 investigation as provided in Section 1-1950.1 of this
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5 title,
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6 c. is being continuously trained by a registered nurse to
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7 provide care that is specific to the needs of the
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8 particular client receiving the care, and
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9 d. is supervised by a registered nurse via an on-site
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10 visit at least once each month every six (6) months or
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11 sooner if the client experiences a significant change
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12 in health condition including, but not limited to, a
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13 surgery or a hospital stay;
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14 10. A home or facility approved and annually reviewed by the
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15 United States Department of Veterans Affairs as a medical foster
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16 home in which care is provided exclusively to three or fewer
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17 veterans; or
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18 11. A person qualified by the Department as a certified nurse
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19 aide pursuant to the provisions of Section 1-1951 of this title.
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20 SECTION 2. This act shall become effective November 1, 2024.
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22 59-2-9193 TJ 01/03/24
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