N.M. Admin. Code § 8.312.2.21

Current through Register Vol. 35, No. 23, December 10, 2024

Section 8.312.2.21 - NURSE AIDE TRAINING

Pursuant to the public health emergency declared by the governor of New Mexico in Executive Order 2020-004 on March 11, 2020, and any renewal and subsequent Executive Order, and the department of health and human services centers for medicaid and medicaid services COVID-19 Emergency Declaration Waiver of Subsection D of 42 C.F.R. 483.35,with the exception of Subparagraph (i) of Paragraph (1) of Subsection D of 42 C.F.R. 483.35, the New Mexico human services department does hereby waive enforcement of Paragraphs (1) and (2) of Subsection A of Section 8.321.2.21 NMSA 1978, along with Subsection A of Section 8.321.2.21 NMSA 1978. The NF will not be approved as a MAD or MCO provider if the NF has been out of compliance with federal requirement within the previous two calendar years.

A. Requirements for nurse aide training:

(1) Waived.

(2) Waived.

(3) A NF must ensure that students in the NATCEP programs do not perform any services for which they have not been trained and found proficient by instructors. A NF must ensure that all students in NATCEP programs are under the general supervision of licensed or registered nurses when they perform services for eligible recipient or member residents.

(4) A NF must furnish regular performance reviews and in-service education to ensure that individuals who serve as nurse aides are competent to perform nurse aide services.

B.Other nurse aide requirements: A NF must not employ individuals who have been convicted by the court of abuse or neglect of any NF residents or misappropriation of any NF residents' property.

C.Nurse aide registry: DOH maintains a registry of all nursing aides who have successfully completed, who have been considered to have completed a NATCEP or CEP program or who have had the NATCEP or CEP requirement waived by New Mexico.

N.M. Admin. Code § 8.312.2.21

8.312.2.21 NMAC - Rp, 8.312.2.21 NMAC, 8/1/14, Amended by New Mexico Register, Volume XXXI, Issue 08, April 21, 2020, eff. 4/10/2020