00 CS FOR SENATE BILL NO. 152(FIN) 01 "An Act relating to certified nurse aides; and providing for an effective date." 02 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF ALASKA: 03 * Section 1. AS 08.01.087 is amended by adding a new subsection to read: 04 (c) Under procedures and standards of operation established by the department 05 by regulation, and with the agreement of the appropriate agency, the department may 06 designate appropriate state or municipal agencies to investigate reports of abuse, 07 neglect, or misappropriation of property by certified nurse aides. 08 * Sec. 2. AS 08.01.090 is amended to read: 09 Sec. 08.01.090. Applicability of the Administrative Procedure Act. The 10 Administrative Procedure Act (AS 44.62) applies to regulations adopted and 11 proceedings held under this chapter, except those under AS 08.01.087(b) and actions 12 taken under AS 08.68.333(c) . 13 * Sec. 3. AS 08.68.100(a) is amended to read: 14 (a) The board shall 01 (1) adopt regulations necessary to implement this chapter, including 02 regulations pertaining to practice as an advanced nurse practitioner and a nurse 03 anesthetist , and regulations necessary to implement AS 08.68.331 - 08.68.336 04 relating to certified nurse aides in order to protect the health, safety, and welfare 05 of clients served by nurse aides ; 06 (2) approve curricula and adopt standards for basic education programs 07 that prepare persons for licensing under AS 08.68.190; 08 (3) provide for surveys of the basic nursing education programs in the 09 state at the times it considers necessary; 10 (4) approve education programs that meet the requirements of this 11 chapter and of the board, and deny, revoke, or suspend approval of education programs 12 for failure to meet the requirements; 13 (5) examine, license, and renew the licenses of qualified applicants; 14 (6) prescribe requirements for competence before a former nurse may 15 resume the practice of nursing under this chapter; 16 (7) keep a record of its proceedings, and submit annual reports to the 17 governor and legislature; 18 (8) define by regulation the qualifications and duties of the executive 19 secretary and delegate authority to the executive secretary that is necessary to conduct 20 board business; 21 (9) develop reasonable and uniform standards for nursing practice; 22 (10) publish advisory opinions regarding whether nursing practice 23 procedures or policies comply with acceptable standards of nursing practice as defined 24 under this chapter. 25 * Sec. 4. AS 08.68.140 is amended to read: 26 Sec. 08.68.140. Applicability of Administrative Procedure Act. Except as 27 specified in AS 08.68.333(f), the [THE] board shall comply with the Administrative 28 Procedure Act (AS 44.62). 29 * Sec. 5. AS 08.68 is amended by adding new sections to read: 30 Article 3A. Certified Nurse Aides. 31 Sec. 08.68.331. Certification of nurse aides. (a) The board or the 01 Department of Commerce and Economic Development, as designated by the board, 02 shall issue certification as a nurse aide to qualified applicants. The board, after 03 consultation with affected agencies, may adopt regulations regarding the certification 04 of nurse aides, including 05 (1) the training, educational, and other qualifications for certification 06 that will ensure that the nurse aides are competent to perform the tasks of their 07 occupation; 08 (2) application, certification, renewal, and revocation procedures; and 09 (3) maintenance of a registry of certified nurse aides. 10 (b) The board may 11 (1) conduct hearings upon charges of alleged violations of this chapter 12 or regulations adopted under it; and 13 (2) invoke, or request the department to invoke, disciplinary action 14 under AS 08.01.075 against a certified nurse aide. 15 Sec. 08.68.332. Use of title. (a) A person may not use the title "certified 16 nurse aide" or the abbreviation "C.N.A." unless the person is certified under this 17 chapter. 18 (b) A person who knowingly violates this section is guilty of a class B 19 misdemeanor. In this subsection, "knowingly" has the meaning given in 20 AS 11.81.900(a). 21 Sec. 08.68.333. Registry of certified nurse aides. (a) The board shall 22 maintain a registry of certified nurse aides. At a minimum, this registry must include 23 the information required under federal regulations that are applicable to nurse aides 24 found to have committed abuse, neglect, or misappropriation of property in connection 25 with their employment by a facility participating in the Medicaid or Medicare program. 26 (b) If the board finds that a certified nurse aide has committed abuse, neglect, 27 or misappropriation of property in connection with employment as a nurse aide, the 28 board shall revoke the nurse aide's certification and enter the finding in the registry. 29 (c) Upon receiving a notice of a finding under AS 47.05.055 that a certified 30 nurse aide has committed abuse, neglect, or misappropriation of property, the board 31 shall immediately revoke the nurse aide's certification without a hearing, enter the 01 finding in the registry, and notify the nurse aide of the revocation and entry of the 02 finding. Notice is considered given when delivered personally to the nurse aide or 03 deposited in the United States mail addressed to the nurse aide's last known mailing 04 address on file with the board. The department shall retain proof of mailing. 05 (d) If the certified nurse aide is employed in a skilled nursing facility or a 06 nursing facility, other than an intermediate care facility for the mentally retarded, that 07 is participating in the Medicaid or Medicare program, only the state survey and 08 certification agency may make, and report to the Board of Nursing, a finding that the 09 certified nurse aide has committed abuse, neglect, or misappropriation of property in 10 connection with the nurse aide's employment at the facility. 11 (e) The board shall establish procedures under which a finding under 12 AS 47.05.055 that a certified nurse aide has committed abuse, neglect, or 13 misappropriation of property and the resulting revocation of certification will be 14 removed from the registry if the certified nurse aide requests a hearing and can 15 establish mistaken identity or the finding has been set aside by the reporting agency 16 or by a court of competent jurisdiction. 17 (f) AS 44.62.330 - 44.62.630 do not apply to actions taken under (c) of this 18 section. 19 Sec. 08.68.334. Grounds for denial, suspension, or revocation of certificate. 20 The board may deny a certification to, or impose a disciplinary sanction authorized 21 under AS 08.01.075 against, a person who 22 (1) has obtained or attempted to obtain certification as a nurse aide by 23 fraud, deceit, or intentional misrepresentation; 24 (2) has been convicted of a crime substantially related to the 25 qualifications, functions, or duties of a certified nurse aide; 26 (3) has impersonated a registered or practical nurse or other licensed 27 health care provider; 28 (4) has intentionally or negligently engaged in conduct that has resulted 29 in a significant risk to the health or safety of a client or in injury to a client; 30 (5) is incapable of working as a certified nurse aide with reasonable 31 skill, competence, and safety for the public because of 01 (A) professional incompetence; 02 (B) addiction or severe dependency on alcohol or a drug that 03 impairs the licensee's ability to practice safely; 04 (C) physical or mental disability; or 05 (D) other factors determined by the board; 06 (6) has knowingly or repeatedly failed to comply with this chapter, a 07 regulation adopted under this chapter, or with an order of the board; or 08 (7) has misappropriated the property of, abused, or neglected a client. 09 Sec. 08.68.335. Immunity for certain reports to the board. A person who, 10 in good faith, reports information to the board relating to alleged incidents of 11 incompetent, unprofessional, or unlawful conduct of a certified nurse aide is not liable 12 in a civil action for damages resulting from the reporting of the information. 13 Sec. 08.68.336. Fees. The Department of Commerce and Economic 14 Development shall set fees under AS 08.01.065 for certified nurse aides for each of 15 the following: 16 (1) application; 17 (2) examination; 18 (3) certification; and 19 (4) renewal of certification. 20 * Sec. 6. AS 08.68.410 is amended by adding a new paragraph to read: 21 (9) "certified nurse aide" is a person who is certified as a nurse aide by 22 the board. 23 * Sec. 7. AS 44.62.330(a)(10) is amended to read: 24 (10) Board of Nursing functions, except those related to findings of 25 abuse, neglect, or misappropriation of property contained in the registry of 26 certified nurse aides under AS 08.68.333 ; 27 * Sec. 8. AS 47.05.010 is amended by adding a new paragraph to read: 28 (15) investigate reports of abuse, neglect, or misappropriation of 29 property by certified nurse aides in facilities licensed by the department under 30 AS 18.20. 31 * Sec. 9. AS 47.05.017(b) is amended to read: 01 (b) The department shall adopt regulations identifying actions that it will take, 02 in addition to those otherwise required under AS 47.17 and AS 47.24, when a report 03 of harm is made under AS 47.17 or AS 47.24 that might relate to harm caused by 04 actions or inactions of a public home care provider. The regulations must 05 (1) address circumstances under which the department will, or will 06 require a contractor or grantee to, reassign, suspend, or terminate a person alleged to 07 have perpetrated harm; [AND] 08 (2) include appropriate procedural safeguards to protect the due process 09 rights of public home care providers who may be reassigned, suspended, or terminated 10 under the circumstances described in (1) of this subsection ; and 11 (3) if the home care provider is a certified nurse aide, include 12 procedures under which the department shall notify the Board of Nursing if the 13 nurse aide is suspected of abuse, neglect, or misappropriation of property . 14 * Sec. 10. AS 47.05 is amended by adding a new section to read: 15 Sec. 47.05.055. Certified nurse aides. (a) If the department has reason to 16 believe that a certified nurse aide employed in a facility licensed by the department 17 under AS 18.20 has committed abuse, neglect, or misappropriation of property in 18 connection with the person's duties as a certified nurse aide at the facility, the 19 department shall investigate the matter. The department shall conduct proceedings to 20 determine if a finding of abuse, neglect, or misappropriation of property should be 21 made. These proceedings shall be conducted under AS 44.62.330 - 44.62.630. A 22 finding under this subsection that a certified nurse aide has committed abuse, neglect, 23 or misappropriation of property shall be reported by the department to the Board of 24 Nursing. 25 (b) If the certified nurse aide is employed in a skilled nursing facility or 26 nursing facility, other than an intermediate care facility for the mentally retarded, that 27 is participating in the Medicaid or Medicare program, only the state survey and 28 certification agency may make, and report to the Board of Nursing, a finding that a 29 certified nurse aide has committed abuse, neglect, or misappropriation of property in 30 connection with the nurse aide's employment at the facility. 31 * Sec. 11. AS 47.17.030 is amended by adding a new subsection to read: 01 (f) If an investigation under this section shows reasonable cause to believe that 02 a certified nurse aide has committed abuse, neglect, or misappropriation of property, 03 the department shall report the matter to the Board of Nursing. 04 * Sec. 12. AS 47.17.290(13) is amended to read: 05 (13) "practitioner of the healing arts" includes chiropractors, mental 06 health counselors, dental hygienists, dentists, health aides, nurses, nurse practitioners, 07 certified nurse aides, occupational therapists, occupational therapy assistants, 08 optometrists, osteopaths, naturopaths, physical therapists, physical therapy assistants, 09 physicians, physician's assistants, psychiatrists, psychologists, psychological associates, 10 audiologists licensed under AS 08.11, hearing aid dealers licensed under AS 08.55, 11 marital and family therapists licensed under AS 08.63, religious healing practitioners, 12 acupuncturists, and surgeons; 13 * Sec. 13. AS 47.24.010(a) is amended by adding a new paragraph to read: 14 (15) a certified nurse aide. 15 * Sec. 14. AS 47.24.013 is amended by adding a new subsection to read: 16 (f) If an investigation conducted by an agency under this section shows 17 reasonable cause to believe that a certified nurse aide has committed abuse, neglect, 18 or misappropriation of property, the agency shall report the matter to the Board of 19 Nursing. 20 * Sec. 15. AS 47.24.015 is amended by adding a new subsection to read: 21 (g) If an investigation under this section shows reasonable cause to believe that 22 a certified nurse aide has committed abuse, neglect, or misappropriation of property, 23 the department shall report the matter to the Board of Nursing. 24 * Sec. 16. AS 47.33.520 is amended by adding a new subsection to read: 25 (f) If the licensing agency's investigation shows reasonable cause to believe 26 that a certified nurse aide has committed abuse, neglect, or misappropriation of 27 property, the licensing agency shall report the matter to the Board of Nursing. 28 * Sec. 17. TRANSITION: REGULATIONS. A state agency affected by this Act may 29 proceed to adopt regulations necessary to implement changes affecting the state agency that 30 are enacted by this Act. The regulations take effect under AS 44.62 (Administrative 31 Procedure Act), but not before the effective date of the changes in law in this Act. 01 * Sec. 18. TRANSITION: CERTIFICATIONS. (a) A person who holds a current, valid 02 certification from the Board of Nursing as a nurse aide on the day before the effective date 03 of this bill section, subject to continued eligibility under AS 08.68 and regulations adopted 04 under that chapter, is entitled to retain a renewable certification as a nurse aide. 05 (b) A person who, on the day before the effective date of this bill section, holds a 06 certification from the Board of Nursing as a nurse aide that has been expired for less than two 07 years may apply for renewal of that certification under standards to be established by the 08 board. A certification may not be renewed under this subsection unless the person applies for 09 the renewal before September 1, 1998. 10 * Sec. 19. Section 17 of this Act takes effect immediately under AS 01.10.070(c).