146.40 Instructional programs for nurse aides; reporting client abuse.
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/wi/chapter-146/146-40-2A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
146.40 Instructional programs for nurse aides; reporting client abuse.
(1)In this section:
(ad)“Client” means a person who receives services from an entity.
(ag)“Credential” has the meaning given in s. 440.01
(a).
(as)“Entity” has the meaning given in s. 50.065
(c).
(aw)“Feeding assistant” means an individual who has completed a state-approved training and testing program, as specified by the department by rule, or training, as described in sub.
(2m), that satisfies the state-approved training requirement, to perform one nursing-related duty, as defined by the department by rule.
(b)“Home health agency” has the meaning specified in s. 50.49
(a).
(bo)“Hospice” means a hospice that is licensed under subch. VI of ch. 50 .
(br)“Hospital” has the meaning specified in s. 50.33
(2).
(bt)“Intermediate care facility for persons with an intellectual disability” has the meaning given for “intermediate care facility for the mentally retarded” under 42 USC 1396d (d).
(c)“Licensed practical nurse” means a licensed practical nurse who is licensed or has a temporary permit under s. 441.10 or who holds a multistate license, as defined in s. 441.51
(h), issued in a party state, as defined in s. 441.51
(k).
(d)“Nurse aide” means an individual who performs routine patient care duties delegated by a registered nurse or licensed practical nurse who supervises the individual, for the direct health care of a patient or resident. “Nurse aide” does not mean a feeding assistant, an individual who is licensed, permitted, certified, or registered under ch. 441 , 448 , 449 , 450 , 451 , 455 , 459 , or 460 , or an individual whose duties primarily involve skills that are different than those taught in instructional programs for nurse aides approved under sub.
(3)or
(3g)or evaluated by competency evaluation programs for nurse aides approved under sub.
(3m).
(e)“Nursing home” has the meaning specified in s. 50.01
(3).
(f)“Registered nurse” means a registered nurse who has a license under s. 441.06 or a temporary permit under s. 441.08 or who holds a multistate license, as defined in s. 441.51
(h), issued in a party state, as defined in s. 441.51
(k).
(g)“Student nurse” means an individual who is currently enrolled in a school for professional nurses or a school for licensed practical nurses that meets standards established under s. 441.01
(4), or who has successfully completed the course work of a basic nursing course of the school but has not successfully completed the examination under s. 441.06
(e)or 441.10
(f).
(2)A hospital, nursing home, intermediate care facility for persons with an intellectual disability, home health agency, or hospice may not employ or contract for the services of an individual as a nurse aide, regardless of the title under which the individual is employed or contracted for, unless one of the following is true:
(a)The individual has successfully completed instruction in an instructional program for nurse aides that is approved under sub.
(3)or
(3g), or has been issued a waiver from completing instruction in an instructional program under sub.
(b), and has successfully completed a competency evaluation program that is approved under sub.
(3m). In order to be eligible under this paragraph, an individual who successfully completes instruction in an instructional program for nurse aides that is approved under sub.
(3g)and who previously completed a competency evaluation program in another state must successfully complete a competency evaluation program that is approved under sub.
(3m), regardless of whether the competency evaluation program that the individual completed in another state is the same as or substantially similar to a competency evaluation program that is approved under sub.
(3m).
(ac)The individual has been added to the registry under sub.
(4g)as provided under sub.
(a).
(am)The individual has completed relevant education, training, instruction, or other experience in connection with any military service, as defined in s. 111.32
(12g), if the individual or the hospital, nursing home, intermediate care facility, home health agency, or hospice demonstrates to the satisfaction of the department that the education, training, instruction, or other experience is substantially equivalent to an instructional program that is approved under sub.
(3), and the individual has successfully completed a competency evaluation program that is approved under sub.
(3m).
(c)For hospitals, nursing homes, home health agencies or hospices, whether or not certified providers of medical assistance, and intermediate care facilities persons with an intellectual disability that are certified providers of medical assistance, the individual is enrolled in an instructional program for nurse aides that is approved under sub.
(3)or
(3g)and is employed or under contract as a nurse’s assistant, home health aide or hospice aide fewer than 120 calendar days by the hospital, nursing home, home health agency, hospice or intermediate care facility for persons with an intellectual disability. All of the following applies to an individual specified under this paragraph:
1. He or she may perform only services for which he or she has received training and has been found proficient by an instructor under the instructional program.