NDAC 33-43-01-05
Nurse aide competency evaluation
Cite as N.D. Admin. Code § 33-43-01-05
1.
Any individual employed by a nursing facility to provide nursing or nursing-related services,
who is not a licensed nurse or volunteer, must successfully complete a department-approved
certified nurse aide competency evaluation program to be eligible to apply to be placed on the
department's nurse aide registry.
a.
The department-approved certified nurse aide competency evaluation program must
allow a nurse aide the option of establishing competency through written or oral and
manual skills examination.
b.
The written or oral examination must address all areas required in the
department-approved training program.
c.
The written or oral examination must be developed from a pool of test questions, only a
portion of which may be utilized in any one examination.
d.
The competency evaluation program must include a demonstration of the randomly
selected tasks the individual will be expected to perform as part of the individual's
function as a nurse aide.
e.
The competency evaluation program must provide for a system that prevents disclosure
of both pool questions and the individual competency evaluations.
f.
The competency evaluation program must ensure that nurse aides employed by or
having an offer of employment from a facility are not charged for any portion of the
competency evaluation program.
2.
Any individual employed by a home health agency to provide home health aide services must
complete a home health competency evaluation program to be eligible to apply to be placed
on the department's nurse aide registry. The competency evaluation program consists of the
following:
a.
The competency evaluation must be conducted by a registered nurse who possesses a
minimum of two years of nursing experience, at least one year must be in the provision of
home health care.
b.
The competency evaluation must address each of the items listed in subdivision c of
subsection 2 of section 33-43-01-04.
(1)
The items listed in paragraphs 3, 10, 11, and 12 of subdivision c of subsection 2 of
section 33-43-01-04 must be completed by observation of the aide's performance of
the tasks with a patient or other live individual.
(2)
All other items listed in subdivision c of subsection 2 of section 33-43-01-04 can be
evaluated through written or oral examination or observation of the aide with a
patient.
c.
A home health aide is not considered to have successfully passed a competency
evaluation program if the aide has an unsatisfactory rating in more than one of the
required areas.
(1)
A home health aide cannot perform any task for which the aide is evaluated to
perform unsatisfactorily unless under the direct supervision of a licensed nurse.
(2)
The home health aide must receive training in the areas determined unsatisfactory
and pass a subsequent evaluation satisfactorily prior to performing a task without
supervision.
d.
The agency must maintain documentation that the competency evaluation requirements
of this subsection have been met be each home health aide.
3.
Any individual who is employed directly or by contract by a health care facility or other setting
that is not a nursing facility or a home health agency must successfully complete a nurse aide
competency evaluation program to be eligible to apply to be placed on the department's nurse
aide registry.
a.
The competency evaluation program must be completed by a licensed nurse or
employer.
b.
The competency evaluation must, at a minimum, address the areas listed in subdivision
a of subsection 3 of section 33-43-01-04.
c.
A nurse aide is not considered to have successfully passed a competency evaluation
program if the individual has an unsatisfactory rating in a required area identified in
subdivision a of subsection 3 of section 33-43-01-04.
d.
A nurse aide may perform tasks for which the aide has been competency evaluated to
perform, and may not perform tasks for which the competency evaluation was
unsatisfactory unless under the direct supervision of a licensed nurse.