Section 300.660 Nursing Assistants

Section 300

Section 300.660  Nursing

Assistants

a)

A facility shall not employ an individual as a

nursing

assistant, home health aide, psychiatric services rehabilitation aide, or newly

hired as an individual who may have access to a resident, a resident's living

quarters, or a resident's personal, financial, or medical records, nurse aide unless

the facility has inquired of the Department's Health Care Worker Registry and

the individual is listed on the Health Care Worker Registry as eligible to work

for a health care employer.

b)

The facility shall not employ an individual as a nursing

assistant if that individual is not on the Health Care Worker Registry unless

the individual is enrolled in a training program as defined in

Section

3-206(a)(5) of the Act. (Section 3-206.01(a) of the Act)

c)         The facility shall ensure that each nursing assistant complies

with one of the following conditions:

1)         Is approved on the Department's Health Care Worker Registry.

"Approved" means that the nurse aide has met the training or

equivalency requirements of Section 300.663 of this Part and does not have a

disqualifying criminal background check without a waiver.

2)         Within 120 days after initial employment, submits

documentation to the Department in accordance with Section 300.663 of this Part

to be registered on the Health Care Worker Registry.

d)         The facility shall ensure that each person employed by the

facility as a nursing assistant has met each of the following requirements:

1)         Is

at least sixteen years of age, of temperate habits and

good moral character, honest, reliable and trustworthy

(Section 3-206

Department in accordance with Section 300.663 of this Part

to be registered on the Health Care Worker Registry.

d)         The facility shall ensure that each person employed by the

facility as a nursing assistant has met each of the following requirements:

1)         Is

at least sixteen years of age, of temperate habits and

good moral character, honest, reliable and trustworthy

(Section 3-206

(a)(1) of the Act);

2)         Is

able to speak and understand the English language or a

language understood by a substantial percentage of the facility's residents

(Section 3-206(a)(2) of the Act);

3)         Has provided

evidence of

prior

employment or

occupation, if any, and residence for

two

years prior to

present

employment

(Section 3-206(a)(3) of the Act);

4)         Has

completed at least

eight

years of grade school

or

has provided

proof of equivalent knowledge

(Section 3-206(a)(4)

of the Act);

5)         Has

completed the training or equivalency requirements for certified

nursing

assistants,

or has

begun a current course of training for

certified

nursing

assistants, approved by the Department, within 45 days of initial employment in

the capacity of a

certified

nursing assistant at any facility. Such

courses of training shall be successfully completed within 120 days of initial

employment in the capacity of

certified

nursing assistant at a facility,

except as follows:

A)

Nursing

assistants who are enrolled in approved courses in community colleges or other

educational institutions on a term, semester, or trimester basis, shall be

exempt from the 120-day completion time limit.  During a statewide public

health emergency, as defined in the Illinois Emergency Management Agency Act,

all nursing assistants shall, to the extent feasible, complete the training.

(Section 3-206(a)(5) of the Act)

B)

The

Department may accept comparable training in lieu of the 120-hour course for

student nurses, foreign nurses, military personnel, or employees of the

Department of Human Services

ing a statewide public

health emergency, as defined in the Illinois Emergency Management Agency Act,

all nursing assistants shall, to the extent feasible, complete the training.

(Section 3-206(a)(5) of the Act)

B)

The

Department may accept comparable training in lieu of the 120-hour course for

student nurses, foreign nurses, military personnel, or employees of the

Department of Human Services.

(Section 3-206(a)(5) of the Act)

6)         Is

familiar

with and

has

general skills related to resident care

.

e)

The facility shall develop and implement

procedures, which shall be approved by the Department, for an ongoing

competency

review process, which shall take place within the facility, for

certified

nursing assistants.

f)

At the time of each regularly scheduled

licensure survey, or at the time of a complaint investigation, the Department

may require any

certified

nursing assistant to demonstrate, either

through written examination or action, or both, sufficient knowledge in all

areas of required training

and competency in the principles,

techniques, and procedures covered by the certified nursing assistant training

program curriculum described in 77 Ill. Adm. Code 395 when possible problems in

the care provided by aides or other evidences of inadequate training are

observed

.

The State-

approved

manual skills evaluation testing format and forms will be used to determine

competency of a certified nursing assistant when appropriate.

If such knowledge

or

competency

is inadequate the Department shall require the

certified

nursing

assistant to complete in-service training and review in the facility until the

certified

nursing assistant demonstrates to the Department, either through written

examination or action, or both, sufficient knowledge in all areas of required

training

of a certified nursing assistant when appropriate.

If such knowledge

or

competency

is inadequate the Department shall require the

certified

nursing

assistant to complete in-service training and review in the facility until the

certified

nursing assistant demonstrates to the Department, either through written

examination or action, or both, sufficient knowledge in all areas of required

training.

The in-service training shall address the certified

nursing assistant training principles and techniques relative to the procedures

in which the certified nursing assistants are found to be deficient during

inspection (see 77 Ill. Adm. Code 395). (Section 3-206(a)(5) of the Act)

g)         The facility shall certify that each nursing assistant

employed by the facility meets the requirements of this Section.  Such

certification shall be retained by the facility as part of the employee's

personnel record.