[Code of Federal Regulations]

[Title 42, Volume 3]

[Revised as of October 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 42CFR483.150]



[Page 544-545]

 

                         TITLE 42--PUBLIC HEALTH

 

  CHAPTER IV--CENTERS FOR MEDICARE & MEDICAID SERVICES, DEPARTMENT OF 

                  HEALTH AND HUMAN SERVICES (CONTINUED)

 

PART 483_REQUIREMENTS FOR STATES AND LONG TERM CARE FACILITIES--Table 

of Contents

 

 Subpart D_Requirements That Must Be Met by States and State Agencies: 

    Nurse Aide Training and Competency Evaluation, and Paid Feeding 

                               Assistants

 

Sec. 483.150  Statutory basis; Deemed meeting or waiver of requirements.



    Source: 56 FR 48919, Sept. 26, 1991, unless otherwise noted.





    (a) Statutory basis. This subpart is based on sections 1819(b)(5) 

and 1919(b)(5) of the Act, which establish standards for training nurse-

aides and for evaluating their competency.

    (b) Deemed meeting of requirements. A nurse aide is deemed to 

satisfy the requirement of completing a training and competency 

evaluation approved by the State if he or she successfully completed a 

training and competency evaluation program before July 1, 1989 if--

    (1) The aide would have satisfied this requirement if--

    (i) At least 60 hours were substituted for 75 hours in sections 

1819(f)(2) and 1919(f)(2) of the Act, and

    (ii) The individual has made up at least the difference in the 

number of hours in the program he or she completed and 75 hours in 

supervised practical nurse aide training or in regular in-service nurse 

aide education;



or

    (2) The individual was found to be competent (whether or not by the 

State) after the completion of nurse aide training of at least 100 hours 

duration.

    (c) Waiver of requirements. A State may--



[[Page 545]]



    (1) Waive the requirement for an individual to complete a competency 

evaluation program approved by the State for any individual who can 

demonstrate to the satisfaction of the State that he or she has served 

as a nurse aide at one or more facilities of the same employer in the 

state for at least 24 consecutive months before December 19, 1989; or

    (2) Deem an individual to have completed a nurse aide training and 

competency evaluation program approved by the State if the individual 

completed, before July 1, 1989, such a program that the State determines 

would have met the requirements for approval at the time it was offered.



[56 FR 48919, Sept. 26, 1991; 56 FR 59331, Nov. 25, 1991, as amended at 

60 FR 50443, Sept. 29, 1995]