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Agency 28

Department of Health and Environment

Article 39.—Licensure of Adult Care Homes

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28-39-165. Nurse aide training program. (a) Requirements. Unlicensed employees who provide direct individual care to residents shall be required to perform the following:
(1) Successfully complete at least a 90-hour nurse aide course that has been approved by the secretary; and
(2) pass a state test as specified in K.A.R. 28-39-168.
(b) Certification. Each person shall be issued a nurse aide certificate by the secretary and shall be listed on a public registry upon completion of the requirements specified in subsection (a).
(c) Employment as a trainee.
(1) Each nurse aide trainee I in an approved 90-hour course shall be required to successfully complete part I of the course to demonstrate initial competency before being employed or used as a nurse aide trainee II. A nurse aide trainee II may provide direct care to residents only under the direct supervision of a registered nurse or licensed practical nurse.
(2) Each nurse aide trainee II in an approved 90-hour course shall be issued a nurse aide certificate by the secretary, upon completion of the requirements specified in subsection (a), within four months from the beginning date of the initial course in order to continue employment providing direct care. Nurse aide trainee II status for employment shall be for one four-month period only.
(d) 90-hour nurse aide course.
(1) Each nurse aide course shall be prepared and administered in accordance with the guidelines established by the department in the "Kansas certified nurse aide curriculum guidelines (90 hours)," including the appendices, dated May 2008, and the "Kansas 90-hour certified nurse aide sponsor and instructor manual," pages 1 through 20 and the appendices, dated May 2008, which are hereby adopted by reference.
(2) Each nurse aide course shall consist of a combination of didactic and clinical instruction. At least 50 percent of part I and part II of the course curriculum shall be provided as clinical instruction.
(3) Each nurse aide course shall be sponsored by one of the following:
(A) An adult care home;
(B) a long-term care unit of a hospital; or
(C) a postsecondary school under the jurisdiction of the state board of regents.
(4) Clinical instruction shall be conducted in one or a combination of the following locations:
(A) An adult care home;
(B) a long-term care unit of a hospital; or
(C) a simulated laboratory.
(5) An adult care home shall not sponsor or provide clinical instruction for a 90-hour nurse aide course if that adult care home has been subject to any of the sanctions under the medicare certification regulations listed in 42 C.F.R. 483.151(b)(2), as in effect on October 1, 2007.
(e) Correspondence courses. No correspondence course shall be approved as a nurse aide course.
(f) Other offerings. Distance-learning offerings and computer-based educational offerings shall meet the standards specified in subsection (d). (Authorized by K.S.A. 2008 Supp. 39-925(d)(2); implementing K.S.A. 2008 Supp. 39-936; effective Feb. 28, 1994; amended Dec. 29, 2003; amended June 12, 2009.)
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