House Study Bill 140 - Introduced
HOUSE FILE _____
BY (PROPOSED COMMITTEE ON
HUMAN RESOURCES BILL BY
CHAIRPERSON MEYER)
A BILL FOR
1 An Act relating to regulatory provisions applicable to care
2 provided in health care facilities and assisted living
3 programs.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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1 Section 1. Section 135C.34, Code 2021, is amended to read
2 as follows:
3 135C.34 Medication aide —— certification.
4 The department of inspections and appeals, in cooperation
5 with other appropriate agencies, shall establish a procedure to
6 allow recognize the credentials of a person who is certified as
7 a medication aide in another state to become certified in this
8 state upon completion and passage of both the certified nurse
9 aide and certified medication aide challenge examinations,
10 without additional requirements for certification, including
11 but not limited to, completion and passage of both the
12 certified nurse aide competency examination and the certified
13 medication aide challenge examination or required employment in
14 this state prior to certification. The department shall adopt
15 rules pursuant to chapter 17A to administer this section.
16 Sec. 2. Section 231C.8, subsection 1, Code 2021, is amended
17 to read as follows:
18 1. The department shall provide an assisted living program
19 an exit interview at the conclusion of a monitoring evaluation
20 or complaint investigation, and the department shall inform the
21 program’s representative of all issues and areas of concern
22 related to the insufficient practices. The department may
23 conduct the exit interview in person or by telephone, and
24 the department shall provide a second exit interview if any
25 additional issues or areas of concern are identified. The
26 program shall have two ten working days from the date of the
27 exit interview to submit additional or rebuttal information to
28 the department.
29 Sec. 3. MEDICATION ADMINISTRATION BY NURSING STUDENTS AND
30 GRADUATE NURSES IN NURSING FACILITIES. The department of
31 inspections and appeals, in cooperation with other appropriate
32 agencies, shall adopt or amend rules pursuant to chapter 17A
33 to allow a nursing student or a graduate nurse to administer
34 medications if the nursing facility documents that the nursing
35 facility has implemented training and supervision measures to
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1 ensure the nursing student’s or graduate nurse’s competency in
2 safe medication administration. The rules shall not require
3 the nursing student or graduate nurse to complete a medication
4 course or challenge examination if the nursing facility meets
5 such requirements.
6 Sec. 4. CERTIFIED NURSE AIDE TRAINING —— RECIPROCITY. The
7 department of inspections and appeals shall adopt or amend
8 rules pursuant to chapter 17A to recognize a person who is
9 a nurse aide in another state and is able to demonstrate
10 competency in skills and techniques necessary to care for the
11 needs of residents in nursing facilities as required by 42
12 C.F.R. §483.35(c) and (d)(1)(k) to become certified in this
13 state without additional requirements for certification. The
14 rules shall provide for such persons to complete the direct
15 care worker registry application and to be included in the
16 direct care worker registry maintained by the department.
17 Sec. 5. ASSISTED LIVING PROGRAM MANAGER OR DELEGATING NURSE
18 —— NEW EMPLOYMENT —— CURRICULUM COMPLETION. The department
19 of inspections and appeals shall amend rules pursuant to
20 chapter 17A relating to an assisted living program manager
21 or delegating nurse to allow a new program manager or a new
22 delegating nurse to complete any required assisted living
23 management class or assisted living nursing class within
24 twelve months of employment rather than within six months of
25 employment.
26 Sec. 6. ASSISTED LIVING PROGRAM —— EXIT INTERVIEW TIMING
27 FOLLOWING MONITORING. The department of inspections and
28 appeals shall amend rules pursuant to chapter 17A relating to
29 the exit interview at the conclusion of a monitoring evaluation
30 or complaint investigation of an assisted living program to
31 extend the time frame for the program to submit additional or
32 rebuttal information to the department from two working days to
33 ten working days.
34 EXPLANATION
35 The inclusion of this explanation does not constitute agreement with
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1 the explanation’s substance by the members of the general assembly.
2 This bill relates to regulatory provisions applicable to
3 care provided in health care facilities and assisted living
4 programs.
5 The bill amends Code provisions relating to certification
6 of medication aides in health care facilities to require the
7 department of inspections and appeals (DIA), in cooperation
8 with other appropriate agencies, to establish a procedure to
9 recognize the credentials of a person who is certified as a
10 medication aide in another state to become certified in this
11 state without additional requirements for certification,
12 including but not limited to the current requirement that
13 the person complete and pass both the certified nurse aide
14 competency examination and the certified medication aide
15 challenge examination. The bill requires DIA to adopt
16 administrative rules to administer this provision of the bill.
17 The bill also requires DIA, in cooperation with other
18 appropriate agencies, to adopt or amend rules pursuant to Code
19 chapter 17A to allow a nursing student or a graduate nurse to
20 administer medications if the nursing facility documents that
21 the nursing facility has implemented training and supervision
22 measures to ensure the nursing student’s or graduate nurse’s
23 competency in safe medication administration. The bill
24 provides that the rules shall not require the nursing student
25 or graduate nurse to complete a medication course or challenge
26 examination, as is currently required, if the nursing facility
27 meets such requirements.
28 The bill requires DIA to adopt or amend rules pursuant to
29 Code chapter 17A to recognize a person who is a certified
30 nurse aide (CNA) in another state and is able to demonstrate
31 competency in skills and techniques necessary to care for
32 the needs of residents in nursing facilities as required
33 under federal law to become certified in this state without
34 additional requirements for certification. The rules shall
35 also provide for such persons to complete the direct care
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1 worker registry application and to be included in the direct
2 care worker registry maintained by DIA. Currently, these CNAs
3 must pass a challenge examination in order to be certified in
4 the state.
5 The bill requires DIA to adopt or amend rules to allow a
6 new program manager or a new delegating nurse to complete any
7 required assisted living management class or assisted living
8 nursing class within 12 months of employment rather than within
9 6 months of employment as is currently required.
10 The bill requires DIA to adopt or amend rules relating to the
11 exit interview at the conclusion of a monitoring evaluation or
12 complaint investigation of an assisted living program to extend
13 the time frame for the program to submit additional or rebuttal
14 information to DIA from 2 working days, as currently required,
15 to 10 working days.
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Statutes affected:
Introduced: 135C.34, 231C.8