Ohio Administrative Code › Title 3701 - Department of Health - Administration and Director › Chapter 3701-17 - Nursing Homes › Section 3701-17-07.1 - Required training and competency evaluation for nurse aides working in long-term care facilities

Current through all regulations passed and filed through July 1, 2024
(A) For the purposes of this rule:
(1) "Competency evaluation program" means a
			 program conducted by the director or the director's designee under division (C)
			 of section 3721.31 of the Revised Code and
			 rule
			 3701-18-22
			 of the Administrative Code.
(2)
			 "Licensed health professional" means all of the following:
(a) An occupational therapist or occupational
			 therapy assistant licensed under Chapter 4755. of the Revised Code;
(b) A physical therapist or physical therapy
			 assistant licensed under Chapter 4755. of the Revised Code;
(c) A physician as defined in section
			 4730.01 of the Revised
			 Code;
(d) A physician's assistant
			 for whom a physician holds a valid certificate of registration issued under
			 section 4730.04 of the Revised
			 Code;
(e) A registered nurse,
			 including those authorized to practice in an advance practice role, or a
			 licensed practical nurse licensed under Chapter 4723. of the Revised
			 Code;
(f) A social worker or
			 independent social worker licensed, or social work assistant certified under
			 Chapter 4757. of the Revised Code;
(g) A speech pathologist or audiologist
			 licensed under Chapter 4753. of the Revised Code;
(h) A dentist or a dental hygienist licensed
			 under Chapter 4715. of the Revised Code;
(i) An optometrist licensed under Chapter
			 4725. of the Revised Code;
(j) A
			 pharmacist licensed under Chapter 4729. of the Revised Code;
(k) A psychologist licensed under Chapter
			 4732. of the Revised Code;
(l) A
			 chiropractor licensed under Chapter 4734. of the Revised Code;
(m) A nursing home administrator licensed or
			 temporarily licensed under Chapter 4751. of the Revised Code;
(n) A dietitian licensed under Chapter 4759.
			 of the Revised Code;
(o) A
			 respiratory care professional licensed under Chapter 4761. of the Revised Code;
			 and
(p) A massage therapist
			 licensed under section
			 4731.17 of the Revised
			 Code.
(3) "Long-term
			 care facility" or "facility" means either of the following:
(a) A nursing home as defined in section
			 3721.01 of the Revised Code,
			 other than a nursing home or part of a nursing home certified as an
			 intermediate care facility for the mentally retarded under Title XIX of the
			 Social Security Act, 49 Stat. 620 (1935),
			 42 U.S.C.
			 301, as amended; or
(b) A facility or part of a facility that is
			 certified as a skilled nursing facility or a nursing facility under Title XVIII
			 or XIX of the Social Security Act.
(4) "Nurse aide" means an individual who
			 provides nursing and nursing-related services to residents in a long-term care
			 facility, other than a licensed health professional practicing within the scope
			 of his or her license or an individual who provides nursing or nursing-related
			 services as a volunteer without monetary compensation.
(5) "Nursing and nursing-related services"
			 when performed by a nurse aide in a long term care facility, means activities
			 including attending to the personal care needs of residents, and providing
			 personal care services and activities delegated by a nurse which may include
			 implementation of portions of the nursing regimen, as defined in section
			 4723.01 of the Revised Code, for
			 residents whose care does not require nursing assessment or the judgment of a
			 nurse during the performance of the delegated activity. Nursing and
			 nursing-related services does not include activities that are part of the
			 nursing regimen which require the specialized knowledge, judgment, and skill of
			 a registered nurse or the application of the basic knowledge and skill required
			 of a licensed practical nurse licensed under Chapter 4723. of the Revised Code
			 or any other activities that are required to be performed by a licensed nurse
			 under Chapter 4723. of the Revised Code. Nursing and nursing-related services"
			 does not include assisting residents with feeding when performed by a dining
			 assistant pursuant to rule 3701-17-07.2 of the Administrative Code.
(6) To "use an individual as a nurse aide"
			 means to engage the individual to perform nursing and nursing-related services
			 in and on behalf of a long-term care facility.
(7) "Training and competency evaluation
			 program" means a program of nurse aide training and evaluation of competency to
			 provide nursing and nursing-related services approved by the director under
			 division (A) of section
			 3721.31 of the Revised Code and
			 Chapter 3701-18 of the Administrative Code.