reglab/statecodes huggingface dataset:
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.004 - Procedure for Reporting Suspected Cases

Current through Register 1525, July 5, 2024
(A)
			 Any mandatory reporting individual, as defined in
			 105 CMR 155.003,
			 shall immediately make an oral report of suspected patient or resident abuse,
			 neglect, mistreatment or misappropriation of patient or resident property to
			 his or her supervisor or employer whenever he or she has reasonable cause to
			 believe that any patient or resident has been abused, neglected or mistreated
			 or had property misappropriated. Upon receiving such report, said supervisor or
			 employer shall immediately notify the Department by oral communication,
			 electronically transmitted report or facsimile in accordance with such
			 guidelines as may be established by the Department. Upon receiving a report
			 regarding misappropriation of patient or resident property, with the exception
			 of a controlled substance, said supervisor or employer shall within 48 hours
			 complete an internal investigation into the matter to determine whether the
			 item(s) in question may have been misappropriated as defined in
			 105 CMR 155.003. If
			 within 48 hours there is reasonable cause to suspect misappropriation said
			 supervisor or employer shall immediately notify the Department by oral
			 communication, electronically transmitted report or facsimile.
(B) Any nonmandatory reporting individual,
			 including, but not limited to, volunteers, may make an oral report of suspected
			 patient or resident abuse, neglect, mistreatment or misappropriation of patient
			 or resident property to his or her supervisor or employer whenever he or she
			 has reasonable cause to believe that any patient or resident has been abused,
			 neglected, or mistreated or had property misappropriated. Upon receiving such
			 report, said supervisor or employer shall immediately notify the Department by
			 oral communication, electronically transmitted report or facsimile.
(C) Any person who makes an oral report of
			 suspected patient or resident abuse, neglect, mistreatment or misappropriation
			 of patient or resident property to the Department pursuant to 105 CMR
			 155.004(A) or (B) shall also send a written report containing all of the
			 information specified in
			 105 CMR
			 155.005 to the Department within 48 hours
			 after making the oral report.
(D)
			 Notwithstanding the provisions of 105 CMR 155.004(A) and (B), any mandatory or
			 non-mandatory reporting individual may make a direct report to the Department
			 of a case of suspected patient or resident abuse, neglect, mistreatment or
			 misappropriation of patient or resident property. In the case of an oral
			 report, such report shall be followed up by a written report within 48 hours
			 after making the oral report.
(E)
Written Report
shall include, without limitation, an
			 electronically transmitted report and facsimile.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.005 - Contents of Reports of Suspected Cases

Current through Register 1525, July 5, 2024
All reports of suspected patient or resident abuse, neglect,
				mistreatment or misappropriation of patient or resident property made pursuant
				to
				105 CMR
				155.004 shall contain the following
				information, where applicable:
(A) The
			 name and gender of the patient or resident who the reporter suspects has been
			 abused, neglected or mistreated or had property misappropriated;
(B) The age of the patient or resident, if
			 known to the reporter;
(C) The home
			 address of the patient;
(D) The
			 name and address of the facility in which the resident resides;
(E) The name, address, and telephone number
			 of the home health agency, homemaker agency, or hospice program
			 involved;
(F) The name, address and
			 telephone number of the reporter and where such reporter may be
			 contacted;
(G) If known to the
			 reporter, the name and position of the accused, and also, if known, any other
			 documented allegations of patient or resident abuse, neglect or mistreatment or
			 misappropriation of patient or resident property by the accused;
(H) Any information relative to the nature
			 and extent of the alleged abuse, neglect, mistreatment or misappropriation of
			 the patient's or resident's property;
(I) If known to the reporter, any documented
			 information relative to prior abuse, neglect, or mistreatment of such patient
			 or resident or misappropriation of such patient or resident's
			 property;
(J) The circumstances
			 under which the reporter became aware of the alleged abuse, neglect,
			 mistreatment or misappropriation of property;
(K) If known to the reporter, whatever
			 action, if any, was taken to treat or otherwise assist the patient or
			 resident;
(L) Any other information
			 which the reporter believes might be helpful in establishing the cause of the
			 alleged abuse, neglect, mistreatment or misappropriation of property and the
			 person or persons responsible therefor; and
(M) Such other information as may be required
			 by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.006 - Protection of Reporting Individuals and Other Parties

Current through Register 1525, July 5, 2024
(A) The identity of any mandatory or
			 nonmandatory reporting individual who makes a report of suspected patient or
			 resident abuse, neglect, mistreatment or misappropriation of patient or
			 resident property pursuant to
			 105 CMR 155.000; or, of any
			 patient or resident whose name appears in a report made pursuant to
			 105 CMR 155.000; or, of any
			 persons whose right to privacy would be abridged by disclosure of their
			 identities shall be treated as confidential information. Except as otherwise
			 required by law, the identity of any of these individuals shall not be
			 disclosed to any person except duly authorized staff of the Department, the
			 Attorney General, or the appropriate registration board, without the prior
			 written consent of the affected individual.
(B) Any person who makes an oral or written
			 report of suspected patient or resident abuse, neglect, mistreatment or
			 misappropriation of property to the Department pursuant to
			 105 CMR 155.000 shall not
			 be liable in any civil or criminal action as a result of that report if such
			 report was made in good faith.
(C)
			 No facility, home health agency, homemaker agency, hospice program or
			 individual shall discharge, or in any manner discriminate or retaliate against,
			 or take any other adverse action against any person because that person, in
			 good faith:
(1) makes, or attempts to make,
			 any report of suspected patient or resident abuse, neglect, mistreatment or
			 misappropriation of patient or resident property to the Department;
(2) provides, or attempts to provide, the
			 Department with any information, testimonial or otherwise, during the course of
			 any investigation into any case of suspected patient or resident abuse,
			 neglect, mistreatment or misappropriation of patient or resident property;
			 or
(3) testifies or is about to
			 testify in any proceeding about the abuse, neglect, or mistreatment of patients
			 or residents or the misappropriation of patient or resident property.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.007 - Penalty for Failure to Report by Mandatory Reporting Individual

Current through Register 1525, July 5, 2024
If the Department finds, after investigation, that any
				mandatory reporting individual, as defined in
				105 CMR 155.003, had
				reasonable cause to believe that a patient or resident may have been abused,
				neglected or mistreated or had property misappropriated, and that such
				individual refused or failed to report such suspected case to the Department,
				the Department shall notify the Attorney General and the appropriate
				registration board of that finding. Such individual may be subject to
				disciplinary actions by such registration board and to a fine of up to
				$1,000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.008 - Department Investigation of Suspected Cases

Current through Register 1525, July 5, 2024
(A) Upon receipt of an oral or written report
			 of suspected patient or resident abuse, neglect, mistreatment or
			 misappropriation of patient or resident property made pursuant to
			 105 CMR 155.000, the
			 Department shall:
(1) immediately notify the
			 Attorney General orally, or by electronic transmission or facsimile, of the
			 receipt of said report;
(2) conduct
			 an investigation into the allegations contained in the report within 24 hours
			 after receipt of the oral report if there is reasonable cause to believe that a
			 patient's or resident's health or safety is in immediate danger from further
			 abuse, neglect or mistreatment;
(3)
			 conduct an investigation into the allegations contained in the report within
			 seven days after receipt of the written report in all other cases;
(4) at the conclusion of the investigation,
			 issue a written report containing the findings and recommendations of its
			 investigation.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.009 - Availability of Reports; Disclosure of Information

Current through Register 1525, July 5, 2024
(A)
Disclosure of Information
			 while an Investigation is Pending
. Upon written request by any
			 person, the Department shall provide the following information about a pending
			 investigation into a report of suspected patient or resident abuse, neglect,
			 mistreatment or misappropriation of property:
(1) the date on which Department staff
			 visited the facility, home health agency, homemaker agency, hospice program or
			 patient's residence to conduct the investigation;
(2) the estimated date on which the
			 Department expects to complete its investigation and issue its written report;
			 and
(3) information about any
			 actions taken by the Department or by the facility, home health agency,
			 homemaker agency or hospice program to protect and ensure the health and safety
			 of patients or residents.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.010 - Responsibilities of the Facility, Home Health Agency, Homemaker Agency, and Hospice Program

Current through Register 1525, July 5, 2024
(A) Each facility,
			 home health agency, homemaker agency and hospice program shall develop and
			 adopt, through an interdisciplinary team, written policies and procedures for
			 preventing patient or resident abuse, neglect, mistreatment and
			 misappropriation; and reporting and responding to suspected cases of patient or
			 resident abuse, neglect, mistreatment or misappropriation of patient or
			 resident property prior to submitting an application for a license. Each
			 facility, home health agency, homemaker agency and hospice program shall
			 implement, and review and revise through an interdisciplinary team as needed
			 but not less than once a year, its written policies and procedures. A facility,
			 home health agency, homemaker agency and hospice program shall ensure that all
			 staff, including temporary staff and volunteers, are trained and determined to
			 be competent as needed for their duties on the policies and procedures
			 developed. At a minimum, these written policies and procedures shall include
			 provisions to meet the requirements of 105 CMR 155.010, and the following
			 areas.
(1) Screening;
(2) Training;
(3) Prevention;
(4) Identification;
(5) Investigation;
(6) Protection; and
(7) Reporting and Response.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.011 - Deficiency Statements and Plans of Correction

Current through Register 1525, July 5, 2024
(A) If, during its investigation, the
			 Department finds violations of the provisions of
			 105 CMR 155.000, the
			 Department shall prepare a deficiency statement citing every violation
			 observed, a copy of which shall be sent to the facility, home health agency,
			 homemaker agency, or hospice program in question.
(B) Such facility, home health agency,
			 homemaker agency, or hospice program shall submit to the Department a written
			 plan of correction for each violation cited within ten days of receipt of the
			 deficiency statement. Every plan of correction shall set forth with respect to
			 each deficiency cited the specific corrective steps to be taken, a timetable
			 for such steps, and the date by which compliance with
			 105 CMR 155.000 will be
			 achieved. The dates given for the correction of the deficiencies shall ensure
			 that compliance is achieved within a reasonable time period. The Department
			 shall review the plan of correction and notify the facility, home health
			 agency, homemaker agency or hospice program of either its acceptance or
			 rejection of the plan of correction. A plan which has been rejected must be
			 amended and re-submitted within five days of receipt of the Department's
			 notice.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.012 - Penalty for Patient or Resident Abuse, Neglect, Mistreatment or Misappropriation of Patient or Resident Property

Current through Register 1525, July 5, 2024
(A) If the
			 Department finds after investigation that a registered or licensed
			 professional, as defined in
			 105 CMR 155.003, is
			 responsible for patient or resident abuse, neglect, mistreatment or
			 misappropriation of patient or resident property, the Department shall notify
			 the appropriate registration board of that finding. Such registered or licensed
			 professionals may be subject to disciplinary actions by their applicable
			 registration or licensing board.
(B) If the Department finds after
			 investigation that any entity or individual is responsible for patient or
			 resident abuse, neglect, mistreatment or misappropriation of patient or
			 resident property, the Department shall notify the Attorney General of that
			 finding. The Attorney General may recover a civil penalty of not more than
			 $2,500 if a person abuses, neglects or mistreats a patient or resident or
			 misappropriates patient or resident property. Any action brought by the
			 Attorney General pursuant to 105 CMR 155.012 shall be exempt from the
			 provisions of M.G.L. c. 231, § 60B. The provisions of 105 CMR 155.012
			 shall not exclude any actions brought by the Attorney General or a private
			 party pursuant to M.G.L. c. 93A, nor limit any recovery thereunder, or to any
			 action by the Department pursuant to
			 105 CMR 155.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.013 - Procedures for Notice and Hearings for Nurse Aides, Home Health Aides and Homemakers

Current through Register 1525, July 5, 2024
The provisions of 105 CMR 155.013 pertain only to those accused
				individuals who are nurse aides, home health aides and homemakers.
(A)
Notification
.
			 If, following its investigation, the Department makes a finding that a nurse
			 aide, home health aide or homemaker has abused, neglected, or mistreated a
			 patient or resident or misappropriated patient or resident property, it must
			 notify in writing:
(1) such nurse aide, home
			 health aide or homemaker; and
(2)
			 the administrator of the facility in which the incident occurred, or the
			 director of the home health agency, homemaker agency, or hospice program that
			 employed such nurse aide, home health aide or homemaker at the time the
			 incident occurred.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.014 - Hearing Process for Nurse Aides, Home Health Aides and Homemakers

Current through Register 1525, July 5, 2024
(A) Upon receipt of a request for a hearing
			 from an accused nurse aide, home health aide or homemaker, the Department must
			 complete the hearing within 120 days from the day it receives the request for a
			 hearing.
(B) The hearing shall be
			 conducted pursuant to
			 801 CMR
			 1.02,
The Standard Adjudicatory Rules
			 of Practices and Procedures Informal/Fair Hearing Rules
.
(C) The Department must hold the hearing at a
			 reasonable place and time convenient for such accused individual.
(D) A hearing officer shall not make a
			 finding that such accused individual has neglected a patient or resident if the
			 individual demonstrates that such neglect was caused by factors beyond the
			 control of the individual.
(E)
			 After the adjudication of a case, the hearing officer shall transmit a copy of
			 the decision to the accused nurse aide, home health aide or homemaker and to
			 the Department. The Department shall then send a copy of the hearing officer's
			 decision to the following:
(1) the
			 administrator of the facility in which the incident occurred, or the director
			 of the home health agency, homemaker agency or hospice program that employed
			 such accused individual;
(2) if
			 known to the Department, the administrator of the facility that currently
			 employs such accused individual, if different from the facility in which the
			 incident occurred; or the director of the home health agency, homemaker agency
			 or hospice program that currently employs such accused, if different from that
			 individual's place of employment when the incident occurred;
(3) the Attorney General;
(4) the registry as defined in
			 105 CMR
			 155.003.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.015 - Alternative Sanctions for Patient or Resident Abuse, Neglect, Mistreatment or Misappropriation of Patient or Resident Property by Nurse Aides, Home Health Aides, and Homemakers

Current through Register 1525, July 5, 2024
(A) Upon
			 making a finding that a nurse aide, home health aide or homemaker abused,
			 neglected, or mistreated a patient or resident, or misappropriated patient or
			 resident property, the Department may, where appropriate, impose the following
			 sanctions in
lieu
of an adjudicated finding pursuant to a
			 hearing:
(1)
Suspension
. The Department may suspend the right of
			 such individual to work as a nurse aide, home health aide or homemaker for such
			 period of time as the Department shall determine. The terms of the suspension
			 shall be contained in the Registry unless otherwise removed pursuant to
			 105
			 CMR 155.014(G).
(2)
Probation
. The
			 Department may impose a period of probation on the accused nurse aide, home
			 health aide or homemaker during which time such individual shall undergo
			 additional training or counseling or such other measures as determined by the
			 Department to be necessary to avoid further incidents by the accused. If,
			 during the probationary period, such individual is working in a facility, or
			 employed by a home health agency, homemaker agency or hospice program, such
			 facility or agency shall make reports to the Department as to the progress of
			 the individual in fulfilling the requirements for the probation period. The
			 terms of the probation shall be contained in the Registry unless otherwise
			 removed pursuant to
			 105
			 CMR 155.014(G).
(3)
Warning Letter
.
			 The Department may issue a warning letter to the accused nurse aide, home
			 health aide or homemaker. The warning letter shall indicate that no other
			 penalty will be imposed at the time, but should a subsequent allegation of
			 patient or resident abuse, neglect, mistreatment or misappropriation of patient
			 or resident property be made against such individual, the initial incident will
			 be raised at any hearing of the subsequent incident. No record of the issuance
			 of a warning letter shall be contained in the Registry unless there is a
			 subsequent allegation of patient or Resident abuse, neglect, mistreatment or
			 misappropriation of patient or resident property involving such
			 individual.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.016 - Establishment and Content of the Registry for Nurse Aides, Home Health Aides and Homemakers

Current through Register 1525, July 5, 2024
(A) The Department
			 shall establish and maintain a registry of all individuals who have met the
			 federal requirements for competency contained in 42 USC § 1396r and have
			 been certified as nurse aides for employment in a facility.
(B) A facility, other than a rest home, must
			 not hire or employ on a paid, unpaid, temporary or permanent basis, any
			 individual working as a nurse aide for more than four months, unless that
			 individual has completed training within 90 days in accordance with
			 105 CMR
			 156.100:
Responsibilities of the
			 Facility
, and is listed in the Registry as having demonstrated
			 competency in accordance with 105 CMR 155.016
(C) The Registry shall also contain the
			 following:
(1) specific, documented findings
			 or adjudicated findings of patient or resident abuse, neglect, mistreatment or
			 misappropriation of patient or resident property by nurse aides, home health
			 aides and homemakers. The documentation must include:
(a) the name, address, telephone number and
			 social security number of such individual;
(b) the nature of the allegation and the
			 record number identifying the documents on which the Department's conclusion
			 were based; and
(c) the date of the
			 hearing if such individual chose to have one, and its outcome.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 155.000 - Patient And Resident Abuse Prevention, Reporting, Investigation, Penalties And Registry › Section 155.017 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				105 CMR 155.000 are
				severable. If any provision herein is declared unconstitutional or invalid by a
				court of competent jurisdiction, the validity of the remaining portions shall
				not be so affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Section 156.010 - Scope and Applicability

Current through Register 1525, July 5, 2024
105 CMR 156.000 applies to
				all long-term care facilities licensed pursuant to
				105 CMR 153.000:
Licensure Procedure and Suitability Requirements for Long-term Care
				Facilities
that employ nurse aides, all nurse aides working in
				long-term care facilities, and all nurse aide training
				programs.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Section 156.020 - Definitions

Current through Register 1525, July 5, 2024
Commissioner
. The Commissioner of
				Public Health or his or her designee.
Contact Hour
. 50 consecutive classroom
				minutes of instruction in accordance with
				244
				CMR 5.04(1):
Amount
.
Department
. The Massachusetts
				Department of Public Health.
Document of Completion
. The form
				prescribed by the Department that records when an individual has successfully
				completed a nurse aide training course or equivalency evaluation.
Long-term Care Facility or Facility
. A
				nursing home or rest home licensed pursuant to
				105 CMR 150.000:
Licensing of Long-term Care Facilities
.
Minimum Standard Curriculum
. The
				minimum requirements for a nurse aides training course as prescribed by the
				Department.
Module
. A single section of the
				minimum standard curriculum.
Nurse Aide
. Any individual who
				provides nursing care under the supervision of a nurse in a long-term care
				facility.
Nurse Aide
includes permanent, temporary,
				full-time and part-time personnel employed by a long-term care facility and
				temporary agency personnel employed by a long-term care facility.
Nurse aide
excludes individuals employed as
				responsible persons as defined in
				105 CMR 150.001:
Definitions
, registered nurses, licensed practical nurses and
				volunteers.
Nursing Care
. Therapeutic or
				convalescent care provided by nurses or individuals assisting nurses in
				long-term care facilities.
Primary Instructor
. An individual who
				meets the requirements of
				105 CMR
				156.220 who is responsible for providing the
				nurse aide training.
Registry
. Nurse aide registry as
				established in accordance with M.G.L. c. 111, § 72J.
Training
. Clinical and/or classroom
				instruction to deliver the minimum standard curriculum.
Training Provider
. The organization or
				individual using a curriculum approved by the Department, providing the
				facilities for and maintaining the records of a nurse aides training
				course.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Implementation of Nurses' Aides Training › Section 156.100 - Responsibilities of the Facility

Current through Register 1525, July 5, 2024
(A) Any long-term
				care facility that hires a nurse aide shall ensure the nurse aide completes the
				nurse aide training within 90 days of commencing employment unless:
(1) The facility verifies through the
				Registry, as established in accordance with M.G.L. c. 111, § 72J, the
				individual has a current certification as a nurse aide; or
(2) The facility documents the individual is
				exempt from completing training as a nurse aide subsequent to beginning
				employment because:
(a) The individual is
				currently certified as a nurse aide in another state, as verified through that
				state's nurse aide registry;
(b)
				The individual has successfully completed a nurse aide training program in
				another state that has been approved by that state under
				42
				CFR 483.151; or
(c) The individual has successfully completed
				a clinical course in an approved school of nursing, in accordance with
				244 CMR 6.00:
Approval
				of Nursing Education Programs and the General Conduct Thereof
, which
				included hands on care skills as specified in the minimum standard
				curriculum.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Implementation of Nurses' Aides Training › Section 156.110 - Staffing Ratios

Current through Register 1525, July 5, 2024
Nurse aides participating in orientation and in
				  classroom/clinical instruction pursuant to
				  105 CMR 156.000 may not be
				  counted in the staffing ratios for ancillary personnel as prescribed in
				  105 CMR 150.007:
Nursing Services
. Nurse aides who have been trained to perform
				  some of the tasks required in the minimum standard curriculum and have
				  successfully demonstrated their ability to perform these tasks may be counted
				  in staffing ratios when they perform these tasks.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Implementation of Nurses' Aides Training › Section 156.120 - Nurse Aides Required to Take Training Course

Current through Register 1525, July 5, 2024
(A) The long-term care facility must ensure
				that a nurse aide providing care at the facility are trained in accordance with
				105 CMR
				156.100.
(B) An individual whose certification as a
				nurse aide has lapsed, and who has not been employed by either a long-term care
				facility or a temporary nursing agency as a nurse aide or licensed nurse at a
				long-term care facility at some point in the two years prior to re-commencing
				employment as a nurse aide shall be considered a new employee, and is required
				to repeat training and obtain certification as a nurse aide in accordance with
				105 CMR
				156.100.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Requirements for Training Providers and Instructors › Section 156.200 - Approval of Training Providers

Current through Register 1525, July 5, 2024
(A) A training
				provider shall not offer nurse aide training, or advertise that it provides
				nurse aides' training, without current approval from the Department to operate
				a nurse aide training program.
(B)
				Applications for approval as a nurse aide training provider shall be made to
				the Department in the format prescribed by the Department, and submitted at
				least 60 days prior to the proposed commencement of training.
(C) A nurse aide training program operated by
				a vocational high school, a community college, or any other training entity
				shall obtain all necessary approvals from other appropriate regulatory
				agencies, in addition to approval from the Department, prior to offering nurse
				aide training or advertising itself as a nurse aide training
				provider.
(D) Upon a determination
				by the Department that an application for approval to operate a nurse aide
				training program is complete, and the applicant is in compliance with the
				requirements for training providers, the Department shall issue its approval to
				the applicant to operate as a nurse aide training provider for a period of not
				more than two years.
(E) A nurse
				aide training provider must notify the Department at least 30 days in advance
				of any substantive changes to its program, and obtain approval from the
				Department prior to initiating a new training course.
(F) A nurse aide training provider must file
				an application for renewal of approval as a training provider in the format
				specified by the Department at least 60 days prior to the expiration of its
				current approval period.
(G) An
				applicant approved or re-approved as a nurse aide training provider for two
				years must submit documentation updating its status as a training provider in
				the format prescribed by the Department one year after receiving approval or
				re-approval as a training provider.
(H) The Department may withdraw its approval
				of a nurse aide training provider that fails to comply with the requirements
				for nurse aide training programs in
				105 CMR 156.000 or at 42
				CFR 483; and must withdraw its approval of a nurse aide training provider under
				the conditions specified in
				42
				CFR 483.151. In the event of withdrawal of
				approval by the Department, students who have started training with a training
				provider for which approval has been withdrawn will be allowed to complete the
				course.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Requirements for Training Providers and Instructors › Section 156.210 - Responsibilities of Training Providers

Current through Register 1525, July 5, 2024
(A) Nurse
				aides training providers shall:
(1) employ,
				or have written arrangements with, a primary instructor who meets the
				qualifications specified in 105 CMR 156.210;
(2) provide, or have written arrangements to
				provide, appropriate facilities for classroom instruction and for clinical
				instruction in a level II or III long-term care facility;
(3) offer a curriculum that has been approved
				by the Department; and
(4) ensure
				that appropriate equipment is available for training in accordance with
				guidelines issued by the Department.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Requirements for Training Providers and Instructors › Section 156.220 - Qualifications of the Primary Instructor

Current through Register 1525, July 5, 2024
(A)
				Primary instructors for nurse aides training courses must:
(1) Be a registered nurse with current
				licensure with at least two years' nursing experience, one of which must have
				been in a level II or level III long-term care facility; and
(2) Be able to effectively train students as
				demonstrated:
(a) at least one year's
				experience in lesson planning, lesson delivery, student evaluation and
				remediation in a health care setting as an in-service coordinator, staff
				educator, or other health personnel instructor; or the equivalent of 24 contact
				hours in programs that meet continuing education standards currently set forth
				in
				244 CMR
				5.00:
Continuing Education
and that
				provide instruction in curriculum development, use of teaching strategies for
				adult learners and student evaluation; or
(b) Meet all of the following qualifications:
1. A written agreement for consultation with
				a registered nurse who has the qualifications set forth in 105 CMR
				156.220(A)(1) and (2);
2. Obtain
				such consultation prior to each course, midway through the course and at the
				end of the course prior to final evaluation. This consultation shall include
				lesson plans, teaching strategies, resource materials, evaluation procedures,
				and remediation methods;
3.
				Document the dates and recommendation of the consultations; and
4. Attend program(s) that meets continuing
				education standards set forth in
				244 CMR
				5.00:
Continuing Education
consisting
				of not less than 24 contact hours of adult education within the first year as
				instructor.
(3) The Commissioner may waive the
				qualifications of the instructor imposed by
				105 CMR
				156.210(A)(2)  upon finding
				that:
(a) The proposed instructor has obtained
				sufficient experience in the care of long-term care residents and teaching
				adults how to provide such health care to ensure that he or she may train nurse
				aides to perform the objectives outlined in the minimum standard curriculum
				described in
				105 CMR 156.000;
				and
(b) The training provider
				provides to the Commissioner written documentation supporting the request for a
				waiver.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Requirements for Training Providers and Instructors › Section 156.230 - Responsibilities of the Primary Instructor

Current through Register 1525, July 5, 2024
(A)
				The primary instructor shall prepare the curriculum that he or she will teach
				as specified in
				105 CMR
				156.300 and as prescribed in guidelines from
				the Department, or shall review the existing approved curriculum of the
				training program, and shall participate in the planning of each lesson, even if
				he or she does not teach that specific lesson.
(B) The primary instructor shall evaluate
				each student to determine whether he or she has satisfactorily completed each
				module of nurse aides training and shall offer remediation for each student as
				needed.
(C) The primary instructor
				shall sign and issue a document of completion for each student upon
				satisfactory completion of the evaluation that is a part of a nurse aides
				training course as specified in
				105 CMR 156.000.
(D) The primary instructor shall ensure there
				is a minimum of one instructor for every 25 students in a classroom and a
				minimum of one instructor for every ten students in practice/ clinical
				sessions.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Conduct of Nurses' Aides Training Course › Section 156.300 - Minimum Curriculum Standards

Current through Register 1525, July 5, 2024
(A) Each
				nurse aides training course shall be a minimum of 75 hours and shall include
				all modules of the minimum standard curriculum as prescribed in guidelines from
				the Department.
(B) Curriculum
				organization and teaching strategies are at the discretion of the
				instructor.
(C) Facilities
				requiring nurse aides to perform tasks not included in the minimum standard
				curriculum shall ensure nurse aides are trained to perform these tasks and have
				successfully demonstrated their ability to perform these tasks. Training for
				such tasks, including training for tasks related to special resident
				populations, shall be in addition to the minimum standard curriculum.
(D) Facilities with special resident
				populations shall use the minimum standard curriculum for nurse aide training
				but may adapt content and clinical applications to the facility's specific
				resident population. Such adaptations shall continue to require that nurse
				aides master all objectives in the minimum standard curriculum. Such skills may
				be taught with attention to age or other considerations as the resident
				population dictates.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Conduct of Nurses' Aides Training Course › Section 156.310 - Approval of Curriculum

Current through Register 1525, July 5, 2024
(A) The training
				provider shall submit a proposed curriculum to the Department in a format
				specified by the Department.
(1) The training
				provider shall submit the curriculum eight weeks prior to the start of the
				first course and every two years thereafter with the program's application for
				renewal of approval.
(2) The
				training provider must submit any modifications of the curriculum to the
				Department for approval prior to the start of the course.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Evaluation › Section 156.400 - Documentation of Completed Training

Current through Register 1525, July 5, 2024
(A) The
				training program shall issue to each student who successfully completes the
				nurse aide training program a documentation of completion in a format specified
				by the Department.
(B) Facility
				administrators shall accept the document of completion as proof of meeting the
				training requirements set forth in
				105 CMR 156.000.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Evaluation › Section 156.500 - Competency Evaluation

Current through Register 1525, July 5, 2024
The Department shall conduct competency evaluations in
				  accordance with the guidelines of the Department, consistent with federal
				  standards for evaluating the competency of individuals completing nurse aide
				  training as specified at
				  42 CFR
				  483.154.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 156.000 - The Training Of Nurses Aides In Long-term Care Facilities › Evaluation › Section 156.600 - Severability

Current through Register 1525, July 5, 2024
The provisions of
				  105 CMR 156.000 are
				  severable. If any provision herein is declared unconstitutional or invalid by a
				  court of competent jurisdiction, the validity of the remaining portions shall
				  not be so affected.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Section 157.010 - Scope and Applicability

Current through Register 1525, July 5, 2024
105 CMR 157.000 applies to
				all temporary nursing service agencies required to be registered pursuant to
				M.G.L. c. 111, § 72Y.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Section 157.020 - Definitions

Current through Register 1525, July 5, 2024
The following terms as used in
				105 CMR 157.000 shall be
				interpreted as follows unless the context or subject matter clearly requires a
				different interpretation:
Administrator
. A person qualified by
				training, education or experience to operate a temporary nursing service
				agency.
Commissioner
. The Commissioner of
				Public Health or his or her designee.
Department
. The Department of Public
				Health.
Health Care Facility
. A hospital or
				clinic, as defined in M.G.L. c. 111, § 52; a long-term facility which is
				an infirmary maintained in a town; a convalescent or nursing home, a rest home
				or a charitable home for the aged, as defined in M.G.L. c. 111D, § 71; a
				clinical laboratory subject to licensing under M.G.L. c. 111D; a public medical
				institution, which is any medical institution, and any institution, for the
				mentally ill or persons with developmental disabilities, supported in whole or
				in part by public funds, staffed by professional, medical and nursing personnel
				and providing medical care, in accordance with standards established through
				licensing, approval or certification for participation in programs administered
				under Titles XVIII and XIX of the Federal Social Security Act, by the
				Department of Public Health; and any part of such facilities; provided,
				however, that
Health Care Facility
shall not include a
				facility operated by a religious group relying solely on spiritual means
				through prayer and healing and in which health care by or under the supervision
				of doctors of medicine, osteopathy, or dentistry is not provided.
Medical Personnel
. Nurses, nursing
				assistants, nurse aides, and orderlies.
Nurse
. A licensed practical nurse or a
				registered nurse as defined by the Board of Registration in Nursing (M.G.L. c.
				112, §§ 74 through 81C).
Nursing Assistant, Nurse Aide, and
				Orderly
. Any individual who provides nursing care under the
				supervision of a nurse.
Temporary Nursing Agency (Agency)
(also referred to as
Nursing Pool
in M.G.L. c. 111,
				§ 72Y). Any person, firm, corporation, partnership, or association engaged
				for hire in the business of providing or procuring temporary employment in
				health care facilities for medical personnel.
Temporary Nursing
				Service Agency
shall not include a medical personnel staff
				arrangement set up by a health care facility solely for its own use where the
				only costs are the salaries paid to such medical personnel; or an individual
				who only engages in providing his or her own services on a temporary basis to
				health care facilities.
Transfer of Ownership
. A transfer of a
				majority interest in the ownership of a temporary nursing service
				agency.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.100 - Registration Required

Current through Register 1525, July 5, 2024
Any person who operates a temporary nursing service agency
				  shall register the agency with the Commissioner. Each separate location of the
				  business of a temporary nursing service agency shall have a separate
				  registration.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.110 - Application for Initial Registration

Current through Register 1525, July 5, 2024
Any person initiating operation of a temporary nursing
				  service agency or separate location thereof shall submit an application at
				  least 30 days prior to the commencement of operations. Every application shall
				  be signed by the applicant or applicants and shall include any information
				  required by the Commissioner as part of the application
				  package.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.120 - Application for Renewal Registration

Current through Register 1525, July 5, 2024
Application for renewal registration shall be filed at least
				  30 days before the expiration of the previous registration.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.125 - Change of Location

Current through Register 1525, July 5, 2024
An application for a change of existing location shall be
				  filed at least 30 days prior to the change and shall be treated as a renewal
				  application.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.130 - Transfer of Ownership

Current through Register 1525, July 5, 2024
In the case of a transfer of ownership, the new owner shall
				  file an application for initial registration at least 30 days prior to the
				  transfer.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.140 - Registration Fee

Current through Register 1525, July 5, 2024
(A) A registration
				fee shall accompany each application for initial or renewal registration. The
				fee shall be $750.00 for a single location, plus $300.00 for each additional
				separate location operated by the temporary nursing service agency.
(B) The fee for a transfer of ownership shall
				be $250.00 for a single location plus $100.00 for each additional separate
				location.
(C) The fee for a change
				of location shall be $100.00 for each location.
Code of Massachusetts Regulations › 105 CMR - DEPARTMENT OF PUBLIC HEALTH › Title 105 CMR 157.000 - The Registration And Operation Of Temporary Nursing Service Agencies › Registration and Related Administrative Procedures › Section 157.150 - Evaluation of Application

Current through Register 1525, July 5, 2024
The Commissioner shall not approve an application for initial
				  or renewal registration unless the application is substantially complete and
				  indicates compliance with
				  105 CMR
				  157.000.