CHAPTER 168

FORMERLY

SENATE BILL NO. 20

AS AMENDED BY HOUSE AMENDMENT NO. 1 AND

SENATE AMENDMENT NO. 1 and 2

AN ACT TO AMEND TITLE 16 RELATING TO CERTIFIED NURSING ASSISTANTS.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE :

Section 1. Amend Title 16 of the Delaware Code by adding a new Chapter 30A, to read as follows:

“Chapter 30A. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants.

§3001A. Definitions.

As used in this chapter:

(a) ‘Certified Nursing Assistant’ means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. The care may include, but is not limited to, the following; bathing, dressing, grooming, toileting, ambulating, transferring and feeding, observing and reporting the general well-being for the person(s) to whom they are providing care.

(b) ‘Department’ means the Department of Health & Social Services.

(c) ‘Nursing Assistant’ means an individual who has completed the requisite training to become a Certified Nursing Assistant but is awaiting certification.

(d) ‘Senior Certified Nursing Assistant’ means a Certified Nursing Assistant who has met the requirements of §3005A of this Title.

§3002A. Certified Nursing Assistant Training.

To obtain certification as a Certified Nursing Assistant, all trainees must complete a total of 150 hours of training, 75 of which are in the classroom and 75 of which include clinical training. For the purpose of calculating minimum levels of staffing required at a facility pursuant to statute or regulation, an individual who has completed 75 hours of classroom and 37.5 hours of clinical training in a facility sponsored training program may be considered as a member of such facility’s staff while undergoing the last 37.5 hours of clinical training at such facility.

§3003A. Composition of CNA Training Course & Curriculum.

All courses in this State offering certification to individuals as Certified Nursing Assistants must have the following:

(1) A student to teacher ratio of no greater than 24 students to 1 registered nurse instructor for the classroom portion of the training;

(2) A student to teacher ratio of no greater than 8 students to 1 registered nurse instructor for all clinical phases of the program; and

(3) A curriculum complying with requirements mandated by the Department through regulations promulgated pursuant to this Chapter.

§3004A. Mandatory Orientation Period.

(a) All Nursing Assistants hired to work in a skilled care or intermediate care facility, after completing 150 hours of instruction under this Chapter, shall undergo a minimum 80 hours of orientation at least 40 of which shall be clinical. Nursing Assistants hired to work in an assisted living facility, after completing 150 hours of instruction under this Chapter, shall undergo a minimum 64 hours of orientation, at least 24 of which shall be clinical. While undergoing orientation, Nursing Assistants shall have direct physical contact with residents only while under the visual observation of a Certified Nursing Assistant or licensed nurse employed by the facility. Any Nursing Assistant undergoing orientation may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by the Department. A Nursing Assistant who has undergone 150 hours of training in a training program sponsored by the facility where the assistant will be employed immediately thereafter shall be required to complete additional facility specific orientation of 40 hours in a skilled nursing facility or 32 hours in an assisted living facility. The guidelines for Nursing Assistant orientation shall be promulgated by the Department.

(b) All Certified Nursing Assistants hired to work in a skilled care or intermediate care facility shall undergo a minimum 80 hours of orientation, at least 40 of which shall be clinical. Certified Nursing Assistants hired to work in an assisted living facility shall undergo a minimum 64 hours of orientation at least 24 of which shall be clinical. Any Certified Nursing Assistant undergoing orientation may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by this Chapter and the Department. The guidelines for Certified Nursing Assistant orientation shall be promulgated by the Department.

(c) All Certified Nursing Assistants employed by temporary agencies and placed in a facility in which they have not worked within the previous 6 months shall undergo a minimum of 2 hours of orientation prior to beginning their first shift at that facility, the guidelines for which shall be promulgated by the Department. Any Certified Nursing Assistant employed by a temporary agency and undergoing orientation shall not be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by the Department.

§3005A. Senior Certified Nursing Assistant Certification.

Any Certified Nursing Assistant may pursue designation as a Senior Certified Nursing Assistant, and shall be so designated if such individual meets the following requirements:

(1) Has been a Certified Nursing Assistant in good standing for a minimum of 3 years;

(2) Has successfully completed an additional 50 hours of instruction in an approved program featuring a curriculum specified by the Department; and

(3) Has passed a competency test issued pursuant to the guidelines delineated by the Department.

§3006A. Promulgation of Regulation.

The Department shall promulgate rules and regulations to implement this Chapter.”

Section 2. It is the intent of the General Assembly that the costs to those entities administering these courses be offset to the fullest extent possible by the various state and federal training funds available for such matters.

Section 3. Any person who is certified as a certified nursing assistant as of the effective date of this act shall not be required to complete additional training as required under §3002A of this Act.

Section 4. This Act shall become effective 60 days after the Department’s promulgation of regulation thereunder.

Approved July 16,1999