Program requirements

(a) Before the Department approves a nurse aide training and competency examination program or a competency examination program, the Department shall determine whether the nurse aide training and competency examination program or the competency examination program meets the minimum requirements. (b) The Department shall not approve, or shall withdraw approval, of an employer based program when the employer has been assessed the following penalties or actions by the Department: (1) License suspended or revoked or had a conditional license issued. (2) An administrative money penalty of five thousand dollars ($5,000) or more for deficiencies cited under state licensure. (3) Closed or had its residents or clients transferred pursuant to the Department's action. (4) Enforcement actions based on the Department's authority under Medicare and Medicaid certification programs, except for facilities certified as Intermediate Care Facilities for individuals with intellectual disabilities. (5) For Intermediate Care Facilities for Individuals with Intellectual Disabilities, repeated enforcement actions based on the Department's authority. (c) The Department may withdraw approval of a nurse aide training and competency examination program sponsored by an entity when the following occurs: (1) The entity has been determined by the Department to have a competency examination failure rate greater than fifty (50) per cent during a calendar year. (2) The entity no longer meets, at a minimum, the following requirements to be a certified program: (A) The training program falls below the required clock hours of training; (B) The curriculum does not include at least the subjects specified under 310:677-9-4 Home Health Aides, 310:677-11-4 Long Term Care Aides, 310:677-13-4 Certified Medication Aides, 310:677-15-3 ICF/IID Care Aides, 310:677-17-3 Residential Care Aides, and or 310:677-19-3 Adult Day Care Aides; (C) A minimum of 16 hours of specified training for Long Term Care Aides is not provided prior to direct contact with residents; (D) At least sixteen (16) hours of supervised practical training under the direct supervision of a registered nurse or a licensed practical nurse. The sixteen (16) hours does not include the administration of the skills examination. (3) The entity uses an uncertified individual as a nurse aide for longer than four months. To use an uncertified individual as a nurse aide for four months or less, an entity must have a temporary emergency waiver approved pursuant to 63 O.S. Section 1-1950.3. (4) The onsite review determines the training program is out of compliance with the requirements of 63 O.S. Section 1-1950.1, 1-1950.3 or 1-1951, or OAC 310:677. (d) The Department shall withdraw approval of a nurse aide training and competency evaluation program if: (1) The entity refuses to permit the Department to make unannounced visits; or (2) The entity falsifies records of competency or training. (e) Withdrawal of approval shall be for a period of two (2) years or until the Department is assured through review that the entity complies with the requirements. (f) If the Department withdraws approval of a nurse aide training and competency examination program, the Department shall: (1) Notify the entity in writing, indicating the reason for withdrawal of approval. (2) Allow the trainees who have started a training and competency examination program to complete the program or allow the trainees who have started the program to transfer to another approved program. (g) A program entity may request reconsideration of the Department's decision in accordance to Chapter 2 of this Title and appealed according to the Administrative Procedures Act. (h) The entity shall notify the trainee in writing, that successful completion of the nurse aide training and competency examination program shall result in the individual being listed in the Department's nurse aide registry and shall retain a copy of such notice, signed by the trainee, in the trainee's file. (i) A trainee shall not perform any services for which the trainee has not been trained and found proficient by an instructor.