Sectional Analysis for CS SB 152(L&C)

Certified Nurse Aides

Section 1: Amends AS 08.01.087 and allows the Department of Commerce (the investigative agency for the Board of Nursing) to designate other state or local agencies (with their consent) to conduct investigations into reports of abuse by CNAs.

Section 2: Cross-references the exemption in AS 08.68.33(c) from the requirements of the Administrative Procedure Act.

Section 3: Amends AS 08.68.100(a) and gives the Board of Nursing authority to adopt regulations regarding certified nurse aides.

Section 4: Amends AS 08.68.140 to exempt certified nurse aide certificate revocation procedures from the requirements of the Administrative Procedure Act.

Section 5: Creates a new article in AS 08.68. Contains several new sections giving the Board of Nursing authority to regulate and certify nurse aides.

AS 08.68.332: Class B misdemeanor for a person to use the title "certified nurse aide" or the abbreviation "C.N.A." unless the person is certified by the board.

AS 08.68.333: Requires Board of Nursing to establish and maintain a registry of certified nurse aides. Establishes procedures for including findings of abuse and neglect or misappropriation of property in connection with employment as a nurse aide in a registry.

AS 08.68.334: Establishes the grounds for denial or suspension of a nurse aide's certification, and the Board of Nursing's disciplinary authority.

AS 08.68.335: Provides immunity for good faith reports to the board.

AS 08.68.336: Allows the Department of Commerce to set and collect fees for certified nurse aides for application, examination, certification and renewal.

Section 6: Adds a definition for "certified nurse aide".

Section 7: Amends AS 44.62.330(a)(10) to exempt functions related to the nurse aide registry from the requirements of the Administrative Procedure Act.

Section 8: Amends AS 47.05.010 adding to the duties of the Department of Health and Social Services the investigation of reports of abuse, neglect, or misappropriation of property by a certified nurse aide in DHSS licensed facilities (AS 18.20).

Section 9: Requires the DHSS to adopt procedures to report to the Board of Nursing suspected abuse, neglect, or misappropriation of property by CNAs who work as home care providers.

Section 10: Gives the DHSS authority to investigate reports of abuse or neglect by CNAs in facilities licensed by DHSS under AS 18.20. The department would hold hearings under regulations it adopts. Reports of findings of abuse, neglect or misappropriation of property by a CNA must be reported to the Board of Nursing. If the facility is a long-term care facility covered under 42 CFR sec. 483.5, only the designated state survey and certification agency (Health Facilities Licensing & Certification Section, Department of Health and Social Services) may make the report to the registry. This provision is included to comply with federal law (see 42 CFR 483.156(b)(2)).

Section 11: Amends AS 47.17.030, regarding investigation by state and local agencies of reports of harm to children, to require that suspected abuse or neglect by CNAs be reported to the Board of Nursing.

Section 12: Amends AS 47.17.290(13) to include certified nurse aides among the practitioners of the healing arts required to report suspected abuse or neglect of children under their care.

Section 13: Amends AS 47.24.010(a) to add CNAs to the list of those required to report the suspected exploitation or abuse of vulnerable adults under their care.

Section 14: Amends AS 47.24.013, regarding the investigation of abuse of elderly persons to require that suspected abuse, neglect or misappropriation of property by CNAs be reported to the Board of Nursing.

Section 15: Amends AS 47.25.015 which requires DHSS to investigate reports of harm to elderly that are not addressed under AS 47.24.013. Requires DHSS to report suspected abuse, neglect or misappropriation of property to the Board of Nursing.

Section 16: Amends AS 47.33.520 to require that suspected abuse, neglect or misappropriation of property to the Board of Nursing.

Section 17 and 19: Allow the Board of Nursing and other affected state agencies, before the effective date of the new laws, to begin drafting the regulations necessary to implement the bill.

Section 18: Transition section providing persons who are certified as nurse aides immediately before the effective date of the Act retain their certifications, subject to continued eligibility. CNAs whose certifications have expired within two years before the Act takes effect may apply to renew them, but must do so before September 1, 1998.

Sectional Anlaysis for CS SB 152 (FIN)

Certified Nurse Aides

Section 1: Amends AS 08.01.087 and allows the Department of Commerce (the investigative agency for the Board of Nursing) to designate other state or local agencies (with their consent) to conduct investigations into reports of abuse by CNAs.

Section 2: Cross-references the exemption in AS 08.68.333(c) from the requirements of the Administrative Procedure Act.

Section 3: Amends AS 08.68.100(a) and gives the Board of Nursing authority to adopt regulations regarding certified nurse aides.

Section 4: Amends AS 08.68.140 to exempt certified nurse aide certificate revocation procedures from the requirements of the Administrative Procedure Act.

Section 5: Creates a new article in AS 08.68. Contains several new sections giving the Board of Nursing authority to regulate and certify nurse aides.

AS 08.68.332: Class B misdemeanor for a person to use the title "certified nurse aide" or the abbreviation "C.N.A." unless the person is certified by the board.

AS 08.68.333: Requires Board of Nursing to establish and maintain a registry of certified nurse aides. Establishes procedures for including findings of abuse and neglect or misappropriation of property in connection with employment as a nurse aide in a registry.

AS 08.68.334: Establishes the grounds for denial or suspension of a nurse aide's certification, and the Board of Nursing's disciplinary authority.

AS 08.68.335: Provides immunity for good faith reports to the board.

AS 08.68.336: Allows the Department of Commerce to set and collect fees for certified nurse aides for application, examination, certification and renewal.

Section 6: Adds a definition for "certified nurse aide".

Section 7: Amends AS 44.62.330(a)(10) to exempt functions related to the nurse aide registry from the requirements of the Administrative Procedure Act.

Section 8: Amends AS 47.05.010 adding to the duties of the Department of Health and Social Services the investigation of reports of abuse, neglect, or misappropriation of property by a certified nurse aide in DHSS licensed facilities (AS 18.20).

Section 9: Requires the DHSS to adopt procedures to report to the Board of Nursing suspected abuse, neglect, or misappropriation of property by CNAs who work as home care providers.

Section 10: Gives the DHSS authority to investigate reports of abuse or neglect by CNAs in facilities licensed by DHSS under AS 18.20. The department would hold hearings under regulations it adopts in accordance with the Administrative Procedures Act. Reports of findings of abuse, neglect or misappropriation of property by a CNA must be reported to the Board of Nursing. If the facility is a long-term care facility covered under 42 CFR sec. 483.5, only the designated state survey and certification agency (Health Facilities Licensing & Certification Section, Department of Health and Social Services) may make the report to the registry. This provision is included to comply with federal law (see 42 CFR 483.156(b)(2)).

Section 11: Amends AS 47.17.030, regarding investigation by state and local agencies of reports of harm to children, to require that suspected abuse or neglect by CNAs be reported to the Board of Nursing.

Section 12: Amends AS 47.17.290(13) to include certified nurse aides among the practitioners of the healing arts required to report suspected abuse or neglect of children under their care.

Section 13: Amends AS 47.24.010(a) to add CNAs to the list of those required to report the suspected exploitation or abuse of vulnerable adults under their care.

Section 14: Amends AS 47.24.013, regarding the investigation of abuse of elderly persons to require that suspected abuse, neglect or misappropriation of property by CNAs be reported to the Board of Nursing.

Section 15: Amends AS 47.25.015 which requires DHSS to investigate reports of harm to elderly that are not addressed under AS 47.24.013. Requires DHSS to report suspected abuse, neglect or misappropriation of property to the Board of Nursing.

Section 16: Amends AS 47.33.520 to require that suspected abuse, neglect or misappropriation of property to the Board of Nursing.

Section 17 and 19: Allow the Board of Nursing and other affected state agencies, before the effective date of the new laws, to begin drafting the regulations necessary to implement the bill.

Section 18: Transition section providing persons who are certified as nurse aides immediately before the effective date of the Act retain their certifications, subject to continued eligibility. CNAs whose certifications have expired within two years before the Act takes effect may apply to renew them, but must do so before September 1, 1998.