House
Study
Bill
140
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
HUMAN
RESOURCES
BILL
BY
CHAIRPERSON
MEYER)
A
BILL
FOR
An
Act
relating
to
regulatory
provisions
applicable
to
care
1
provided
in
health
care
facilities
and
assisted
living
2
programs.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1758YC
(3)
89
pf/rh
H.F.
_____
Section
1.
Section
135C.34,
Code
2021,
is
amended
to
read
1
as
follows:
2
135C.34
Medication
aide
——
certification.
3
The
department
of
inspections
and
appeals,
in
cooperation
4
with
other
appropriate
agencies,
shall
establish
a
procedure
to
5
allow
recognize
the
credentials
of
a
person
who
is
certified
as
6
a
medication
aide
in
another
state
to
become
certified
in
this
7
state
upon
completion
and
passage
of
both
the
certified
nurse
8
aide
and
certified
medication
aide
challenge
examinations,
9
without
additional
requirements
for
certification,
including
10
but
not
limited
to,
completion
and
passage
of
both
the
11
certified
nurse
aide
competency
examination
and
the
certified
12
medication
aide
challenge
examination
or
required
employment
in
13
this
state
prior
to
certification.
The
department
shall
adopt
14
rules
pursuant
to
chapter
17A
to
administer
this
section
.
15
Sec.
2.
Section
231C.8,
subsection
1,
Code
2021,
is
amended
16
to
read
as
follows:
17
1.
The
department
shall
provide
an
assisted
living
program
18
an
exit
interview
at
the
conclusion
of
a
monitoring
evaluation
19
or
complaint
investigation,
and
the
department
shall
inform
the
20
program’s
representative
of
all
issues
and
areas
of
concern
21
related
to
the
insufficient
practices.
The
department
may
22
conduct
the
exit
interview
in
person
or
by
telephone,
and
23
the
department
shall
provide
a
second
exit
interview
if
any
24
additional
issues
or
areas
of
concern
are
identified.
The
25
program
shall
have
two
ten
working
days
from
the
date
of
the
26
exit
interview
to
submit
additional
or
rebuttal
information
to
27
the
department.
28
Sec.
3.
MEDICATION
ADMINISTRATION
BY
NURSING
STUDENTS
AND
29
GRADUATE
NURSES
IN
NURSING
FACILITIES.
The
department
of
30
inspections
and
appeals,
in
cooperation
with
other
appropriate
31
agencies,
shall
adopt
or
amend
rules
pursuant
to
chapter
17A
32
to
allow
a
nursing
student
or
a
graduate
nurse
to
administer
33
medications
if
the
nursing
facility
documents
that
the
nursing
34
facility
has
implemented
training
and
supervision
measures
to
35
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ensure
the
nursing
student’s
or
graduate
nurse’s
competency
in
1
safe
medication
administration.
The
rules
shall
not
require
2
the
nursing
student
or
graduate
nurse
to
complete
a
medication
3
course
or
challenge
examination
if
the
nursing
facility
meets
4
such
requirements.
5
Sec.
4.
CERTIFIED
NURSE
AIDE
TRAINING
——
RECIPROCITY.
The
6
department
of
inspections
and
appeals
shall
adopt
or
amend
7
rules
pursuant
to
chapter
17A
to
recognize
a
person
who
is
8
a
nurse
aide
in
another
state
and
is
able
to
demonstrate
9
competency
in
skills
and
techniques
necessary
to
care
for
the
10
needs
of
residents
in
nursing
facilities
as
required
by
42
11
C.F.R.
§483.35(c)
and
(d)(1)(k)
to
become
certified
in
this
12
state
without
additional
requirements
for
certification.
The
13
rules
shall
provide
for
such
persons
to
complete
the
direct
14
care
worker
registry
application
and
to
be
included
in
the
15
direct
care
worker
registry
maintained
by
the
department.
16
Sec.
5.
ASSISTED
LIVING
PROGRAM
MANAGER
OR
DELEGATING
NURSE
17
——
NEW
EMPLOYMENT
——
CURRICULUM
COMPLETION.
The
department
18
of
inspections
and
appeals
shall
amend
rules
pursuant
to
19
chapter
17A
relating
to
an
assisted
living
program
manager
20
or
delegating
nurse
to
allow
a
new
program
manager
or
a
new
21
delegating
nurse
to
complete
any
required
assisted
living
22
management
class
or
assisted
living
nursing
class
within
23
twelve
months
of
employment
rather
than
within
six
months
of
24
employment.
25
Sec.
6.
ASSISTED
LIVING
PROGRAM
——
EXIT
INTERVIEW
TIMING
26
FOLLOWING
MONITORING.
The
department
of
inspections
and
27
appeals
shall
amend
rules
pursuant
to
chapter
17A
relating
to
28
the
exit
interview
at
the
conclusion
of
a
monitoring
evaluation
29
or
complaint
investigation
of
an
assisted
living
program
to
30
extend
the
time
frame
for
the
program
to
submit
additional
or
31
rebuttal
information
to
the
department
from
two
working
days
to
32
ten
working
days.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
regulatory
provisions
applicable
to
2
care
provided
in
health
care
facilities
and
assisted
living
3
programs.
4
The
bill
amends
Code
provisions
relating
to
certification
5
of
medication
aides
in
health
care
facilities
to
require
the
6
department
of
inspections
and
appeals
(DIA),
in
cooperation
7
with
other
appropriate
agencies,
to
establish
a
procedure
to
8
recognize
the
credentials
of
a
person
who
is
certified
as
a
9
medication
aide
in
another
state
to
become
certified
in
this
10
state
without
additional
requirements
for
certification,
11
including
but
not
limited
to
the
current
requirement
that
12
the
person
complete
and
pass
both
the
certified
nurse
aide
13
competency
examination
and
the
certified
medication
aide
14
challenge
examination.
The
bill
requires
DIA
to
adopt
15
administrative
rules
to
administer
this
provision
of
the
bill.
16
The
bill
also
requires
DIA,
in
cooperation
with
other
17
appropriate
agencies,
to
adopt
or
amend
rules
pursuant
to
Code
18
chapter
17A
to
allow
a
nursing
student
or
a
graduate
nurse
to
19
administer
medications
if
the
nursing
facility
documents
that
20
the
nursing
facility
has
implemented
training
and
supervision
21
measures
to
ensure
the
nursing
student’s
or
graduate
nurse’s
22
competency
in
safe
medication
administration.
The
bill
23
provides
that
the
rules
shall
not
require
the
nursing
student
24
or
graduate
nurse
to
complete
a
medication
course
or
challenge
25
examination,
as
is
currently
required,
if
the
nursing
facility
26
meets
such
requirements.
27
The
bill
requires
DIA
to
adopt
or
amend
rules
pursuant
to
28
Code
chapter
17A
to
recognize
a
person
who
is
a
certified
29
nurse
aide
(CNA)
in
another
state
and
is
able
to
demonstrate
30
competency
in
skills
and
techniques
necessary
to
care
for
31
the
needs
of
residents
in
nursing
facilities
as
required
32
under
federal
law
to
become
certified
in
this
state
without
33
additional
requirements
for
certification.
The
rules
shall
34
also
provide
for
such
persons
to
complete
the
direct
care
35
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_____
worker
registry
application
and
to
be
included
in
the
direct
1
care
worker
registry
maintained
by
DIA.
Currently,
these
CNAs
2
must
pass
a
challenge
examination
in
order
to
be
certified
in
3
the
state.
4
The
bill
requires
DIA
to
adopt
or
amend
rules
to
allow
a
5
new
program
manager
or
a
new
delegating
nurse
to
complete
any
6
required
assisted
living
management
class
or
assisted
living
7
nursing
class
within
12
months
of
employment
rather
than
within
8
6
months
of
employment
as
is
currently
required.
9
The
bill
requires
DIA
to
adopt
or
amend
rules
relating
to
the
10
exit
interview
at
the
conclusion
of
a
monitoring
evaluation
or
11
complaint
investigation
of
an
assisted
living
program
to
extend
12
the
time
frame
for
the
program
to
submit
additional
or
rebuttal
13
information
to
DIA
from
2
working
days,
as
currently
required,
14
to
10
working
days.
15
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