This website publishes administrative rules on their effective dates, as designated by the adopting state agencies, colleges, and
universities.
| Rule |
Rule 3701-18-01 | Definitions.
Effective:
August 1, 2017
As used in this chapter: (A) "Applicant" means a long-term care facility, employee organization, person, or government entity which submits an application for approval or reapproval of a training and competency evaluation program (TCEP) or a train-the-trainer (TTT) program in accordance with the applicable requirements of this chapter. (B) "Classroom instruction" means the training and information provided by: (1) A TCEP, other than clinical experience. Classroom instruction may include laboratory simulation. (2) A TTT program, other than training skills practice. (C) "Clinical experience" means the portion of a TCEP during which trainees provide nursing and nursing-related services to patients and residents in an Ohio long-term care facility as part of the training process and under the supervision of the program coordinator or a primary instructor. Clinical experience includes but is not limited to demonstration and return demonstration of nursing and nursing-related services, skills training and skills testing, when those functions are performed in an Ohio long-term care facility. (D) "Competency evaluation program" or "test" means a program through which the competency of a nurse aide to provide nursing and nursing-related services is evaluated. Ohio's competency evaluation program is 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. (E) "Designee," when used in connection with the director, means the board of nursing, another state agency or political subdivision, the federal government, or any person with whom the director has entered into an agreement under division (C) of section 3721.31 or section 3721.34 of the Revised Code to perform the relevant function. (F) "Director" means the director of health or an employee of the department of health to whom the director of health has delegated the pertinent duty. (G) "Facility-based TCEP" means a training and competency evaluation program that is owned, operated, and conducted by a long-term care facility. (H) "Hour" means sixty minutes. (I) "Laboratory simulation" means the use of individuals and equipment in a classroom setting for instructional purposes to approximate the care of residents in a long-term care facility. (J) "Licensed health professional" means all of the following: (1) An occupational therapist or occupational therapy assistant licensed under Chapter 4755. of the Revised Code; (2) A physical therapist or physical therapy assistant licensed under Chapter 4755. of the Revised Code; (3) A physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery, osteopathic medicine and surgery, or podiatry; (4) A physician assistant authorized under Chapter 4730. of the Revised Code to practice as a physician assistant; (5) A registered nurse or licensed practical nurse licensed under Chapter 4723. of the Revised Code; (6) A social worker or independent social worker licensed under Chapter 4757. of the Revised Code or a social worker assistant registered under that chapter; (7) A speech pathologist or audiologist licensed under Chapter 4753. of the Revised Code; (8) A dentist or dental hygienist licensed under Chapter 4715. of the Revised Code; (9) An optometrist licensed under Chapter 4725. of the Revised Code; (10) A pharmacist licensed under Chapter 4729. of the Revised Code; (11) A psychologist licensed under Chapter 4732. of the Revised Code; (12) A chiropractor licensed under Chapter 4734. of the Revised Code; (13) A nursing home administrator licensed or temporarily licensed under Chapter 4751. of the Revised Code; (14) A professional counselor or professional clinical counselor licensed under Chapter 4757. of the Revised Code. (K) "Long-term care facility" means either of the following: (1) 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 (1981); or (2) 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. (L) "Nurse aide" means an individual who provides nursing and nursing-related services to residents in a long-term care facility, either as a member of the staff of the facility for monetary compensation or as a volunteer without monetary compensation. "Nurse aide" does not include either of the following: (1) A licensed health professional practicing within the scope of the professional's license; or (2) An individual providing nursing and nursing-related services in a religious nonmedical health care institution, if the individual has been trained in the principles of nonmedical care and is recognized by the institution as being competent in the administration of care within the religious tenets practiced by the residents of the institution. (M) "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 patients and residents and providing personal care services and activities assigned by a nurse which may include implementation of portions of the nursing regimen, as defined by division (C) of 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 assigned 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. (N) "Participant" means an individual who is enrolled in a TTT program approved by the director or the director's designee pursuant to division (A) of section 3721.31 of the Revised Code and paragraph (A) of rule 3701-18-16 of the Administrative Code. (O) "Program" means either a TCEP or a TTT program, as the context requires. (P) "Religious nonmedical health care institution" means an institution that meets or exceeds the conditions to receive payment under the medicare program established under Title XVIII of the "Social Security Act" for inpatient hospital services or post-hospital extended care services furnished to an individual in a religious nonmedical health care institution, as defined in section 1861(ss)(1) of the "Social Security Act," 79 Stat. 286 (1965), 42 U.S.C. 1395x(ss)(1), as amended (2000). (Q) "Skills testing" means the competency evaluation component of a TCEP, as described in paragraph (B) of rule 3701-18-13 of the Administrative Code. (R) "Train-the-trainer program" or "TTT program" means a training program for program coordinators and primary instructors of a TCEP. (S) "Trainee" means an individual who has enrolled in either of the following: (1) A TCEP approved by the director or the director's designee under division (A) of section 3721.31 of the Revised Code and paragraph (A) of rule 3701-18-06 of the Administrative Code; or (2) The test 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. (T) "Training and competency evaluation program" or "TCEP" means a program of nurse aide training and evaluation of competency to provide nursing and nursing-related services. (U) "Year of experience" means one thousand six hundred hours of work experience.
Last updated November 14, 2022 at 10:02 AM
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Rule 3701-18-02 | Designation of others to act for the director.
Effective:
November 24, 2022
If the director enters into an agreement under
division (C) of section 3721.31 or section 3721.34 of the Revised Code which
provides for a government entity to serve as the director's designee in
approving training and competency evaluation programs or train-the-trainer
programs under this chapter, or that a testing service will serve as the
director's designee to conduct the test under rule 3701-18-22 of the
Administrative Code, all of the following apply: (A) All items required by this chapter to
be filed with or submitted to the director or the director's designee are
to be filed with or submitted to the designee and not to the
director. (B) The designee performs all acts that
this chapter specifies may be performed by a designee consistent with section
3721.31 or 3721.34 of the Revised Code. The director continues to perform only
those acts that this chapter does not specify may be performed by a designee,
or that the agreement does not provide for the designee to
perform. (C) The designee conducting the state
administered test under rule 3701-18-22 of the Administrative Code is to be a
national standardized testing service.
Last updated November 28, 2022 at 8:32 AM
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Rule 3701-18-03 | Inspections; suspension or revocation of approval of training and competency evaluation and train-the-trainer programs.
Effective:
November 24, 2022
(A) Each approved program is to be
inspected during the first year after initial approval and at least once during
each approval period thereafter. (1) The director or
designee may conduct other announced or unannounced inspections of approved
programs or applicants, and sites at which they are or will be conducted, as
are deemed necessary, and may investigate complaints pertaining to any approved
program. (2) The director or
designee, at any time it is considered to be necessary, also may examine an
approved program by requesting that the program submit documents to the
director or the designee. (3) If an inspection or
examination of an approved program or applicant reveals violations of section
3721.30 or 3721.31 of the Revised Code or of this chapter, the director or the
director's designee may require the program or applicant to submit an
acceptable, written plan of correction for each violation to be submitted
within ten business days after receiving notice of the violation. The decision
to require or not to require a plan of correction does not preclude the
director or the designee from pursuing any other remedy provided by
law. (B) The director or the director's
designee is to provide information concerning the approval status of programs
to any person or government entity upon request. This may be met by publication
to the Ohio department of health's website. (C) Except as otherwise provided in this
paragraph or paragraph (D) of this rule, in accordance with Chapter 119. of the
Revised Code, the director or the director's designee may suspend, deny,
or revoke approval of a TTT program or a TCEP that is not in compliance with
sections 3721.30 and 3721.31 of the Revised Code and this chapter, except that
the director or the director's designee is to revoke or deny approval of
any program: (1) That refuses to allow
an inspection under paragraph (A) of this rule. (2) Conducted by or in a
long-term care facility if the director may not approve a TCEP for the reasons
provided under paragraph (C) of rule 3701-18-06 of the Administrative
Code. If the director or designee revokes approval of
a TCEP, the trainees who have started in the program are allowed to complete
it. (D) Any finding by the director that a
TCEP should be denied, suspended or revoked because a long-term care facility
did not comply with a provision of Chapter 3701-18 of the Administrative Code
and that matter is specified as an initial determination under 42 C.F.R. 498.3
(b)(14)(ii) (1987), is not subject to appeal pursuant to Chapter 119. of the
Revised Code. Instead the director or the director's designee notifies the
United States department of health and human services of the matter, and any
right to appeal or determination of compliance are afforded or conducted in
accordance with the regulation of that agency.
Last updated November 28, 2022 at 8:32 AM
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Rule 3701-18-04 | Application requirements for initial approval of training and competency evaluation program.
Effective:
November 24, 2022
(A) A long-term care facility, employee
organization, person, or government entity seeking approval of a TCEP shall
submit a completed application to the director or the director's designee
for approval of the program. The application may be filed at any
time. (B) A completed application for initial
approval of a TCEP includes: (1) Completed application
forms prescribed by the director (2) A nonrefundable
application fee of three hundred dollars. (3) Documentation that
each proposed primary instructor who will provide any part of the classroom
instruction, including laboratory simulation, clinical experience, or
evaluation of trainees possesses the qualifications required by rule 3701-18-09
of the Administrative Code: (4) A copy of the
agreement between the applicant and the proposed program coordinator required
by paragraph (A) of rule 3701-18-09 of the Administrative Code, unless the
applicant: (a) Is the proposed program coordinator; or (b) Plans to operate a facility-based TCEP and the program
coordinator is an employee of the facility (5) The location and a
description of the physical facilities that a TCEP intends to use for classroom
instruction, including any laboratory simulation; and (6) The name, address,
facility provider number or, if the facility is not medicare or medicaid
certified, the facility license number or "code number, if
applicable," and a description of each long-term care facility with which
the program will have arrangements for provision of the clinical experience
portion of the program, and copies of the written agreements reflecting those
arrangements. A facility-based TCEP is not required to submit a copy of a
written agreement with the long-term care facility that operates the
program. (7) A curriculum plan, on
a form prescribed by the director or the director's designee, for each
curriculum standard listed in the appendix to rule 3701-18-12 of the
Administrative Code, that includes: (a) The performance objectives prepared in accordance with
paragraph (B) of rule 3701-18-12 of the Administrative Code; (b) A topical content outline for each performance
objective that describes what will be taught. If the applicant proposes to
address a standard by using a textbook, include a summary of the content of the
portion of the textbook used to address the standard on the application
form; (c) The number of hours to be spent in classroom
instruction and clinical experience, and the teaching methods to be used,
including whether the classroom portion is to be provided online;
and (d) The titles of the individuals who will be providing the
instruction or supervising the clinical experience. (8) The applicant may use
curriculum plans in its application which already have been determined by the
director or the director's designee to meet the requirements of rule
3701-18-12 of the Administrative Code if the applicant: (a) Certifies that it intends to use the previously
approved curriculum plan without change or describes any proposed variations;
and (b) Submits with its application the titles of the
individuals who will be providing instruction and the topic areas and standards
that they will be teaching, and the titles of the individuals who will be
supervising clinical experience; (9) A description of the
overall evaluation methodology and a sample copy of a skills checklist to be
used to determine successful performance of a skill; and (10) The overall plan for
scheduling and implementing both the classroom instruction and clinical
experience portions of the program. (C) Individuals that submit with their
applications proof that they are a service member or veteran, or the spouse or
surviving spouse of a service member or veteran, receive priority expedited
licensure processing within five business days of receipt and before all other
applications. The acceptable proof of service member/veteran status documents
are: (1) Department of defense
identification card (active, retired, temporary disability retirement list
(TDRL)); (2) DD214 military
discharge certificate indicating disposition of discharge; (3) Report of separation
from the national archives national personnel records center in St. Louis,
Missouri; or (4) Veterans
identification card from the department of veterans affairs. All acceptable proof documents, except the
veterans identification card, must show the veteran status as honorable,
general, general under honorable conditions, or discharged or released under
conditions other than dishonorable. (D) If an applicant proposes to offer two or more programs
simultaneously, using different primary instructors or different teams of
primary instructors, the applicant shall file a separate application and pay a
separate application fee for each such program. A separate application is not
required if the applicant wishes to list individuals who possess the
qualifications required by the applicable provisions of this chapter to serve
as substitutes when the regular primary instructors are unavailable.
(E) The director or the director's designee may
request from an applicant any additional information necessary to assess
compliance with the applicable criteria for program approval established by
this chapter to be provided by the applicant within the time specified by the
director or the designee. The director or designee shall mail a written notice
to the applicant either approving or proposing to deny approval of a TCEP
within sixty days of receipt of the application. (F) No applicant shall obtain or attempt to obtain approval
of a TCEP fraudulently or deceptively.
Last updated November 28, 2022 at 8:33 AM
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Rule 3701-18-05 | Application requirements for reapproval of training and competency evaluation program.
Effective:
November 24, 2022
(A) A long-term care facility, employee
organization, person, or government entity seeking reapproval of a TCEP shall,
on an electronic system approved by the director, submit a completed
application to the director or the director's designee for reapproval of
the program. (B) A
completed application for reapproval of a TCEP: (1) Includes: (a) The name and address
of the program; (b) The program's
approval number; (c) The enrollment for
the twenty-four months preceding submission of the renewal
application; (d) The number of
completed programs held during the twenty-four months preceding submission of
the renewal application; (e) A list of the current
program coordinator and primary instructors, and the date each primary
instructor last taught; (f) Copies of any new or
revised contracts with long-term care facilities for provision of clinical
experience, if the contracts have not been submitted already under paragraph
(B) of rule 3701-18-06.1 of the Administrative Code. A facility-based TCEP is
not required to submit a copy of a written agreement with the long-term care
facility that operates the program; (g) A statement, signed
by the program coordinator, certifying that the program currently is in
compliance with sections 3721.29, 3721.30 and 3721.31 of the Revised Code and
this chapter; and (h) The overall plan for
scheduling and implementing both the classroom instruction and clinical
experience portions of the program; (2) Is filed no later than the sixtieth day before the
expiration date of the program's initial approval or most recent
reapproval; and (3) Is accompanied by a nonrefundable application fee of
three hundred dollars. (C) The director or the director's designee may
request from a program any additional information necessary to assess
compliance with the applicable criteria for program reapproval established by
this chapter, to be provided by the applicant within the time specified by the
director or the designee. Within sixty days after receiving an application for
reapproval, the director or the designee shall provide written notice to the
applicant either approving or proposing to deny the reapproval of the
TCEP.
Last updated November 28, 2022 at 8:33 AM
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Rule 3701-18-06 | Criteria for training and competency evaluation program approval and reapproval; approval period.
(A) The director or the director's designee shall approve an application for approval or reapproval as a TCEP if the applicant complies with the criteria, standards and requirements for an approved TCEP established by sections 3721.30 and 3721.31 of the Revised Code and by the applicable provisions of rules 3701-18-04 to 3701-18-13 of the Administrative Code. (B) The approval or reapproval of a TCEP expires two years after the date of issuance. (C) Except as provided in paragraphs (E) and (F) of this rule, the director or the director's designee shall not approve or reapprove a TCEP conducted by or in a long-term care facility which during the previous two years from submission of its application for approval or reapproval: (1) Had its license revoked pursuant to Chapter 3721. of the Revised Code; or (2) Was determined by the director or the secretary of the United States department of health and human services to have been out of compliance with the requirements of division (b), (c), or (d), of section 1819 or 1919 of the Social Security Act, 49 Stat. 620 (1935), 42 U.S.C.A., 301, as amended (1981). For the purposes of this paragraph, a facility is considered to have been determined to be out of compliance with the specified requirements if any of the following occurred during the previous two years; (a) In the case of a long-term care facility certified as a skilled nursing facility under Title XVIII of the Social Security Act, it operated under a waiver of the medicare nurse staffing requirements established under Title XVIII of the Social Security Act; (b) In the case of a long-term care facility certified as a nursing facility under Title XIX of the Social Security Act, it operated under a waiver of the medicaid nurse staffing requirements established under Title XIX of the Social Security Act, if the waiver was granted on the basis of a demonstration that the facility was unable to provide the nursing care required under the medicaid requirements for a period in excess of forty-eight hours per week; (c) The long-term care facility was subject to an extended or partial extended medicare or medicaid certification survey; (d) The long-term care facility's participation in the medicare or medicaid program was terminated; (e) A civil money penalty or fine of not less than five thousand dollars was imposed upon the facility because of medicare or medicaid certification deficiencies; (f) A denial of payment for medicare or medicaid admissions was imposed upon the facility because of medicare or medicaid certification deficiencies; (g) A temporary manager or a special master was appointed for the facility because of medicare or medicaid certification deficiencies; or (h) The facility was closed or its residents were transferred because of medicare or medicaid certification deficiencies. (D) In the case of an application for reapproval of a TCEP: (1) The director or the director's designee shall consider the proportion of the program's trainees taking the test conducted by the director or the director's designee under rule 3701-18-22 of the Administrative Code who successfully completed or passed the test. (2) The director also may consider any deficiencies attributable to the training received from the TCEP that were cited during a survey of a long-term care facility for purposes of licensure under Chapter 3721. of the Revised Code or certification under Title XVIII or XIX of the Social Security Act. (E) The director or the director's designee shall reapprove a TCEP conducted by or in a long-term care facility which: (1) Was an approved program on September 1, 1994; and (2) On or after September 1, 1994 has not been determined to be out of compliance with division (B), (C), or (D) of section 1819 or 1919 of the Social Security Act, as defined in paragraphs (C)(2)(a) to (C)(2)(h) of this rule; and (3) Otherwise complies with the criteria, standards and requirements for an approved TCEP. (F) The director or the director's designee shall not revoke approval of a TCEP conducted by or in a long-term care facility which: (1) Was an approved program on September 1, 1994; and (2) Subsequent to September 1, 1994 has not been determined to be out of compliance with division (B), (C), or (D) of section 1819 or 1919 of the Social Security Act, as defined in paragraphs (C)(2)(a) to (C)(2)(h) of this rule; and (3) Otherwise complies with the criteria, standards and requirements for an approved TCEP.
Last updated November 14, 2022 at 10:02 AM
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Rule 3701-18-06.1 | General post-approval requirements for training and competency evaluation programs.
Effective:
November 24, 2022
After receiving notice of approval or reapproval
from the director or the director's designee, an approved program shall
comply with all of the requirements of this rule. Each program shall: (A) Maintain compliance with the
standards and criteria for approval and all other requirements of sections
3721.29, 3721.30 and 3721.31 of the Revised Code and this chapter. (B) Using an electronic reporting system
approved by the director, notify the director or the director's designee:
(1) At least ten business
days prior to the planned implementation date of any proposed change
to: (a) The program coordinator; (b) Primary instructors; (c) Curriculum content change of more than five
hours; (d) The site of the classroom instruction or clinical
experience; or (e) Demographic information. All proposed changes shall be approved by the
director or the director's designee prior to implementation, and shall be
made in accordance with the requirements of rules 3701-18-09 and 3701-18-10 of
the Administrative Code. (2) Of its scheduled
programs at least seven days prior to conducting them, to include: (a) If a program's curriculum contains subject matter
in addition to the subject matter required by rule 3701-18-12 of the
Administrative Code, specify the times when the required subject matter will be
addressed; and (b) The location at which the classroom instruction and
clinical experience will be conducted; (3) Immediately upon
cancellation of any scheduled training; and (4) No later than the
seventh day of the month following the completion of a program, submit to the
director or the director's designee a report listing the name of each
individual who successfully completed or failed the approved program, as
determined by the program in accordance with paragraph (E) of rule 3701-18-13
of the Administrative Code. (C) Notify the director or the
director's designee in writing at least forty-five days before curtailing
or discontinuing training activities, to include. (1) A statement of the
approved program's plans for disposition of records and a final report
including the information required under paragraphs (C)(1) to (C)(5) of rule
3701-18-05 of the Administrative Code. The director or the designee may request
that the program submit its records to the director or designee. (2) Documentation that
the program has arranged for the current trainees to be permitted to complete
their training at another approved program without additional cost and that it
has refunded all money collected for enrollment in future classes. The director or the director's designee
may allow the notification required by this paragraph to be filed less than
forty-five days before training ceases, upon a finding that the program was
unable to file sooner for reasons beyond its control or that compliance with
the forty-five-day notice requirement will cause unusual and unnecessary
hardship. (D) Provide any additional information or
documents pertinent to operation of the program or compliance with this chapter
to the director or the director's designee upon request. (E) Permit the director or the
director's designee to have access to its staff, physical facilities,
classes and records. (F) Provide each trainee who successfully
completes the program a certificate of completion prescribed by the director or
the director's designee Certificates shall be stored to protect them
against loss, theft, destruction, and unauthorized use. (G) Comply with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252 (1964), 42 U.S.C. 2000d, as amended (1986),
section 504 of the Rehabilitation Act of 1973, 84 Stat. 394 (1973), 29 U.S.C.
794, as amended (2002), the Age Discrimination Act of 1975, 89 Stat. 728
(1975), 42 U.S.C. 6101, as amended (2002), the Americans with Disabilities Act,
104 Stat. 328 (1990), 42 U.S.C. 12101, as amended (1995), and any other
applicable nondiscrimination legislation.
Last updated November 28, 2022 at 8:33 AM
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Rule 3701-18-08 | Special requirements for training and competency evaluation programs.
Effective:
November 24, 2022
Compliance with this rule by an approved program is
established by: (A) Maintaining a written agreement with
at least one long-term care facility that provides for access by the program to
the facility and its residents for the clinical experience portion of the
program. A facility-based program is not required to have a contract with the
long-term care facility that operates the program but is to provide assurance
of compliance with the other requirements of this paragraph. The long-term care
facility or facilities used by the program is to: (1) Be located in
Ohio; (2) Have residents who
have a variety of care needs and conditions of the type for which nurse aides
will be caring. The number of residents and variety of care needs and
conditions are to be sufficient to accommodate the trainees in meeting the
learning objectives established for the clinical experience portion of the TCEP
without causing undue burden to the residents or the facility; (3) Meet the requirements
of rule 3701-18-10 of the Administrative Code; and (4) Not have had occur
any of the events set forth in paragraph (C) of rule 3701-18-06 of the
Administrative Code occur. (B) Ensuring that each trainee is
identified clearly as a trainee during all of the clinical experience portion
of the program and during any other direct contact with residents or patients
that occurs while enrolled in the program through the use of, at minimum,
wearing an easily identifiable name tag that is legible and that states that
the individual is a trainee. (C) Requiring that any absence be made up
within sixty calendar days. Absences from the sixteen hours of classroom
instruction required by paragraph (A)(4) of rule 3701-18-12 of the
Administrative Code are to be made up before the trainee provides any nursing
and nursing related services involving direct contact with residents or
patients. This training may be done by a different approved TCEP other than the
original training source, however, a primary instructor of a TCEP are to
document that arrangements were made for coverage of missed material and that
the missed material was made up satisfactorily. Material missed from the
sixteen hours of TCEP instruction required by paragraph (A)(4) of rule
3701-18-12 of the Administrative Code are to be made up
hour-for-hour; (D) Not allowing any trainee to cheat or
behave in a manner that is disruptive to the operation of the
program. (E) Establishing and implementing a
method by which the trainee may evaluate the program. (F) Providing trainees with registration
forms for the state-administered test as required by paragraph (A) of rule
3701-18-24 of the Administrative Code and assisting trainees in completing the
registration forms, unless the trainee does not choose to register for the
state-administered test. (G) Before accepting money from
individuals seeking to enroll in the program, informing the prospective
enrollee of the circumstances under which money paid by the prospective
enrollee will be refunded. No TCEP may charge an individual, who is employed by
or who has received an offer of employment from a long-term care facility on
the date in which the individual begins the TCEP, for participating in the
program including any charge for textbooks, other required course materials, or
a test. (H) If the TCEP desires to conduct
clinical experiences in a laboratory setting in addition to, or instead of a
nursing home as required by paragraph (B) of this rule, submitting a completed
variance request to the director. A completed variance request
includes: (1) The location of the
laboratory in which clinical experiences will take place; and (2) A description of the
laboratory and equipment therein. The director may grant a variance under this
paragraph after considering the TCEP's variance request and historical
passage rate the TCEP's trainees on the state competency exam. An approved
variance is valid for five years, at which time all variances will be reviewed,
and a determination made whether to make them permanent. If a variance request
is denied, the director sends, within thirty days of denial, the reason for
denial to the requesting TCEP. The director may revoke a variance at any time
if the director determines the health and safety of nursing home residents is
in jeopardy, or the TCEP's trainee passage rate falls below the state
average pass rate.
Last updated November 28, 2022 at 8:33 AM
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Rule 3701-18-09 | Personnel requirements for training and competency evaluation programs.
Effective:
November 24, 2022
(A) Each approved TCEP shall be
administered by a program coordinator who is responsible for the overall
administration and accountability of the program, which includes assuring the
program's compliance with the applicable provisions of this chapter. The
program shall enter into a written agreement with the program coordinator
providing for his or her service in that capacity, unless the program
coordinator is the individual who submitted the program application, or it is a
facility-based TCEP and the program coordinator is an employee of the facility
operating the program. If a program coordinator leaves the program, the
program: (1) Shall notify the
director immediately; (2) May complete the
program currently in progress; and (3) Shall not begin a new
program until the program contracts with a replacement or substitute and that
individual begins functioning as the program coordinator. (B) An approved TCEP shall arrange for
individuals to serve as primary instructors in accordance with the applicable
provisions of this rule. (1) The primary
instructors of a TCEP collectively shall be responsible for providing the
instruction required by rule 3701-18-12 of the Administrative Code and for
supervising instruction by supplemental instructors. (2) Programs may use
individuals who possess the qualifications of a primary instructor as
substitutes in cases of absences, vacations, and emergencies. (3) In the case of a
facility-based TCEP for which the facility's director of nursing serves as
the program coordinator, they may not serve as a primary instructor or perform
skills testing. (C) Each TCEP shall arrange for the
services of a sufficient number of primary instructors to provide for the
training of nurse aides. Each primary instructor shall: (1) Possess a current,
valid license issued under Chapter 4723. of the Revised Code to practice
nursing as a registered nurse; (2) Have a minimum of two
years of nursing, at least one of which must be in the provision of long term
care facility services. Experience in evaluating, in a long-term care setting,
the clinical skills of individuals providing care is considered experience in
caring for the elderly or chronically ill; and (3) Provide documentation
that they have, at minimum: (a) Successfully completed a TTT program approved by the
director or the director's designee pursuant to division (D) of section
3721.31 of the Revised Code and paragraph (A) of rule 3701-18-16 of the
Administrative Code; or (b) One year experience in teaching adults and possesses
the training manual required by paragraph (D) of rule 3701-18-21 of the
Administrative Code from an approved TTT program; or (c) Within the previous three years, provided at least one
year of direct supervision of nurse aides in a long-term care facility as a
registered nurse. (4) If qualified, a
program coordinator may serve as a primary instructor except in a
facility-based TCEP in which the facility's director of nursing is the
program coordinator. Individuals who served as program coordinators and primary
instructors under the version of this rule as it appeared prior to the
effective date of this rule may continue to serve as a primary instructor until
there is a twenty-four consecutive month lapse in the individual's service
as a primary instructor. (D) No approved TCEP shall permit an
individual to serve as a primary instructor if he or she has not served as a
primary instructor of at least one TCEP or faculty member of at least one TTT
program within the previous twenty-four consecutive months, unless the
individual possesses the qualifications prescribed by paragraph (C) of this
rule. (E) All clinical experience shall be
under the direct supervision of the primary instructor, a registered nurse, or
a licensed practical nurse. As used in this paragraph, "direct
supervision" means to be present physically on the floor where the trainee
is providing services, to be available at all times to respond to requests for
assistance from the trainee, and to be within a distance which allows the
supervisor to periodically observe the trainee providing services. Registered
nurses, other than the primary instructor, and licensed practical nurses who
directly supervise clinical experiences shall have at least one year experience
in the provision of long term care services. The TCEP shall maintain, at
minimum, a ratio of one nurse for every ten trainees during the clinical
experience. (F) The program coordinator of a TCEP may
arrange for an individual or individuals to serve as supplemental instructors
to provide training in their areas of expertise and within their scopes of
practice, if needed to meet planned program objectives for a particular portion
of the program. A supplemental instructor shall not conduct any skills testing
or other form of evaluation. No more than thirty hours of the total classroom
instruction may be taught by supplemental instructors. Each supplemental
instructor shall be registered, certified, or licensed to practice in his or
her area of expertise in Ohio, if required by law, or shall be otherwise
appropriately qualified. Each supplemental instructor also shall have knowledge
of current developments relevant to the instruction he or she will
provide. (G) An approved TCEP's supplemental
instructors may include but are not limited to licensed health professionals,
dietitians, sanitarians, ombudsmen, counselors, activities specialists,
gerontologists, fire safety experts, residents, or nurse aides. Nurse aides who
serve as supplemental instructors shall possess the qualifications prescribed
by division (B) or (C) of section 3721.28 of the Revised Code and paragraph (B)
or (C) of rule 3701-17-07.1 of the Administrative Code, as applicable.
Supplemental instructors providing instruction concerning direct care of
long-term care facility residents shall have had at least one year of
experience caring for the elderly or chronically ill of any age. Supplemental
instructors, other than registered nurses or licensed practical nurses with one
year experience in the provision of care to residents of a long term care
facility, shall not supervise any clinical experience. (H) Approved programs may provide
classroom instruction either online or in-person. (1) When a program
provides for online classroom instruction, a primary instructor or supplemental
instructor shall be available at the conclusion of the lesson to respond to
questions and generate discussion about the topics covered. (2) The provision of
online classroom instruction does not relieve a program of its responsibility
to conduct the evaluation of the trainee required by rule 3701-18-13 of the
Administrative Code.
Last updated November 28, 2022 at 8:34 AM
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Rule 3701-18-10 | Physical facilities requirements for training and competency evaluation programs.
Effective:
November 24, 2022
The physical facilities that an approved TCEP uses
for the classroom instruction, including laboratory simulation, and the
clinical experience portions of the program shall meet the following
requirements: (A) Provide adequate space to accommodate
all trainees. (B) Be clean and safe and shall meet
applicable state and local building and fire code requirements. (C) Have adequate lighting and
comfortable temperatures. (D) Be equipped adequately with
audio-visual equipment and other teaching aids appropriate for a
TCEP. (E) Have, in good working order,
equipment for simulating resident care as listed in the appendix to this
rule.
View Appendix
Last updated November 28, 2022 at 8:34 AM
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Rule 3701-18-11 | Recordkeeping requirements for training and competency evaluation programs.
Effective:
November 24, 2022
(A) Each approved TCEP shall maintain
program records for at least two years at the program's business address.
The records shall be kept in an area that is readily accessible and able to be
locked. (1) The records required
by paragraphs (B)(1) and (B)(2) of this rule shall be kept in a confidential
manner and shall not be released, without consent, to any person other than the
trainee or staff member to whom the records relate, or to the director or the
director's designee. (2) When a program
coordinator leaves the program, he or she shall transfer all records to the new
program coordinator or leave the records within the program
offices. (B) Each approved program shall maintain
at least the following records: (1) As applicable, a
final summary report for each trainee. The report shall include enrollment
information, attendance records for classroom instruction and clinical
experience, skills testing checklists, clinical evaluation, and certificate of
completion, if applicable; (2) As applicable, the
agreement and resume for each program coordinator and primary instructor and
documentation of the qualifications of supplemental instructors. In addition,
the TCEP shall maintain documentation that each such individual meets the
requirements of paragraph (B)(3) of rule 3701-18-09 of the Administrative Code;
and (3) Administrative
records including, but not limited to, complaints and the evaluations of the
program by trainees.
Last updated November 28, 2022 at 8:34 AM
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Rule 3701-18-12 | Training and competency evaluation program curriculum criteria.
Effective:
November 24, 2022
(A) An approved TCEP shall provide a
combined total of at least seventy-five hours of instruction that, at minimum,
addresses each of the topic areas listed in paragraphs (A)(4) and (A)(5) of
this rule for at least the specified period of time and the TCEP curriculum
standards prescribed by the appendix to this rule. (1) Within each topic
area, the program shall address each standard as identified in the appendix to
this rule. The instruction for each standard shall be comparable to the
material specified in the appendix to this rule. (2) The curriculum shall
be designed to address the day-to-day attitudes and behaviors that promote the
healthy functioning of residents, both physically and emotionally, and shall
focus on the restoration and maintenance of the resident in as independent as
possible a status. The approved TCEP shall have as its objective the
development of nurse aides who are able to do all of the
following: (a) Form a relationship, communicate, and interact competently on
a one-to-one basis with residents; (b) Demonstrate sensitivity to residents' emotional, social,
and mental health needs through skillful, directed interactions; (c) Exhibit behavior in support and promotion of residents'
rights; and (d) Demonstrate observational and documenting skills needed in
the assessment of residents' health, physical condition, and
well-being. (3) The curriculum
content shall address the needs of various populations such as persons with
Alzheimer's disease, dementia, mental illness, or intellectual disability
and non-elderly persons with other disabilities. The curriculum content also
shall include consideration of ethnic, racial, and cultural factors that affect
the provision of care in a long-term care facility. Facility-based TCEPs shall
adapt the content of the classroom instruction and clinical experience to the
facility's specific resident population or anticipated future population.
A facility-based TCEP's curriculum also may include content relevant to
the populations of other facilities if the program includes trainees from other
facilities. (4) Before the trainees
provide any nursing or nursing-related services involving direct contact with
residents, the program shall provide at least sixteen hours of classroom
instruction, which may include laboratory simulation, addressing the following
topic areas for at least the specified period of time: (a) Introduction to the program - one-half hour; (b) Communication and interpersonal skills - four and one-half
hours; (c) Infection control - two and one-half hours; (d) Safety and emergency procedures - six and one-half
hours; (e) Promoting residents' independence - one hour;
and (f) Respecting residents' rights - one hour. (5) The fifty-nine
minimum hours of instruction after completion of the instruction required by
paragraph (A)(4) of this rule shall address at least each of the topic areas
listed in this paragraph for at least the specified period of time, and shall
include sixteen to twenty-five hours of clinical experience. Unless the TCEP
receives a variance from the director under paragraph (I) of rule 3701-18-08 of
the Administrative Code, the clinical experience shall be provided in an Ohio
long-term care facility and shall address each subject matter component, as
listed in the appendix to this rule, within each topic area. The hours of
clinical experience may be allocated among the subject matter components of the
topic area in whatever manner best accommodates the needs of the program's
trainees. The fifty-nine minimum hours of instruction required by this
paragraph, including the clinical experience, shall address the following topic
areas: (a) Basic nursing skills - nineteen hours, including between six
and ten hours of clinical experience; (b) Personal care skills - twenty-two and one-half hours,
including between seven to eight hours of clinical experience; (c) Mental health and social service needs - eleven and one-half
hours, including between two and four hours of clinical
experience; (d) Basic restorative services - four hours, including between
one and two hours of clinical experience; and (e) Residents' rights - two hours, including not more than
one hour of clinical experience. (6) The minimum of
seventy-five hours of instruction required by paragraph (A) of this rule shall
not include time spent in either of the following: (a) The orientation program or the in-service education that a
long-term care facility is required to provide pursuant to section 3721.29 of
the Revised Code and paragraph (K) of rule 3701-17-07.1 of the Administrative
Code; or (b) The test 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. (B) Each approved TCEP shall establish
behaviorally stated objectives and measurable performance criteria for each
standard and subject matter component listed in the appendix to this rule. The
relevant objectives shall be reviewed with the trainees at the beginning of
each portion of the program so that each trainee will be able to state what he
or she will be expected to do to complete that part of the program
successfully.
View Appendix
Last updated November 28, 2022 at 8:34 AM
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Rule 3701-18-13 | Evaluation requirements for training and competency evaluation programs.
Effective:
November 24, 2022
(A) Each approved TCEP shall include a
competency evaluation component which measures the skills of trainees through
skills testing. (1) Skills testing
performed in a long-term care facility may be counted as part of the clinical
experience portion of the minimum seventy-five hours of instruction. Skills
testing performed through laboratory simulation shall not be counted as part of
the clinical experience portion, unless the TCEP has a variance issued under
paragraph (H) of rule 3701-18-08 of the Administrative Code. (2) The competency
evaluation component of a TCEP does not substitute for completion of the test
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. (B) The skills testing shall consist of a
primary instructor observing a trainee's ability to perform a specified
task that could be expected of a nurse aide in a long-term care facility. The
primary instructor shall determine whether the trainee properly executes the
critical elements of the task essential for its successful completion. The
results of skills testing shall be recorded on a checklist specific to the task
being performed. (C) The TCEP shall conduct skills testing
for a sufficient number of tasks to evaluate adequately the trainee's
knowledge and ability with respect to all matters on which he or she has
received classroom instruction or clinical experience. The critical elements of
the tasks on which the trainee is tested shall be based upon the objectives and
performance criteria established under paragraph (B) of rule 3701-18-12 of the
Administrative Code and shall be structured to permit evaluation of the
trainee's practical application of the classroom instruction, including
evaluation of communication and interpersonal skills. (D) At least four hours of skills testing
shall be conducted in the physical presence of the TCEP coordinator or a
primary instructor who has clinical expertise and no service responsibilities
for the facility during the skills testing. Supplemental instructors shall not
perform any skills testing. The program coordinator of a facility-based program
who is also the facility's director of nursing shall not perform skills
testing. (E) For a trainee to complete an approved
TCEP successfully, all of the following standards, at minimum, shall be
met: (1) The trainee attended
all classroom instruction and clinical experience or made up any missed portion
of the classroom instruction or clinical experience in accordance with
paragraph (D) of rule 3701-18-08 of the Administrative Code; (2) If the program uses
oral or written examinations, quizzes, or both to evaluate trainees, the
trainee correctly answered an overall average of at least seventy per cent on
all examinations, quizzes, or both; and (3) The primary
instructor who conducted the skills testing documented, by means of a
checklist, that the trainee successfully completed skills testing for each task
on which the trainee was tested, in accordance with paragraph (C) of this
rule.
Last updated November 28, 2022 at 8:35 AM
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Rule 3701-18-14 | Application requirements for initial train-the-trainer program approval.
Effective:
November 24, 2022
(A) A long-term care facility, employee
organization, person, or government entity seeking approval of a
train-the-trainer program shall submit a completed application to the director
or the director's designee for approval of the program. The application
may be filed at any time. (B) A completed application for initial
approval of a TTT program includes: (1) Completed application
forms prescribed by the director; (2) A nonrefundable
application fee of six hundred dollars. (3) Documentation that
each of the following individuals possesses the qualifications required by rule
3701-18-18 of the Administrative Code: (a) The proposed program administrator; (b) Each proposed faculty member, who will provide any part
of the classroom instruction or evaluation of participants required by rule
3701-18-21 Administrative Code. Documentation need not be submitted for
supplemental instructors. (4) The location and a
description of the physical facilities that a TTT program intends to use for
classroom instruction and training skills practice; (5) A curriculum plan, on
a form prescribed by the director or the director's designee, for each
curriculum standard listed in the appendix to rule 3701-18-21 of the
Administrative Code. (a) The performance objectives prepared in accordance with
paragraph (B) of rule 3701-18-21 of the Administrative Code; (b) A topical content outline for each performance
objective that describes what is to be taught. If the applicant proposes to
address a standard by using a textbook, include a summary of the content of the
portion of the textbook used to address the standard on the application
form; (c) The number of hours to be spent in classroom
instruction, and training skills practice and the teaching methods to be used,
including whether the classroom instruction is to be provided online;
and (d) The titles of the individuals who will be providing the
instruction. (6) The applicant may use
curriculum plans in its application which already have been determined by the
director or the director's designee to meet the requirements of rule
3701-18-21 of the Administrative Code if applicant: (a) Certifies that it intends to use the previously
approved curriculum plan without change or describes any proposed variations;
and (b) Submits with its application the titles of the
individuals who will be providing the instruction and the topic areas and
standards that they will be teaching. (7) A description of the
evaluation methodology and a sample copy of any evaluative tools to be used to
determine successful completion of training; and (8) The overall plan for
scheduling and implementing both the classroom instruction and training skills
practice portions of the program. (C) Individuals that submit with their
applications, proof that they are a service member or veteran, or the spouse or
surviving spouse of a service member or veteran will receive priority expedited
licensure processing. Their applications will be reviewed within five business
days of receipt and before all other applications for licensure. The acceptable
proof of service member/veteran status documents are: (1) Department of defense
identification card (active, retired, temporary disability retirement list
(TDRL)); (2) DD214 military
discharge certificate indicating disposition of discharge; (3) Report of separation
from the national archives national personnel records center in St. Louis,
Missouri; or (4) Veterans
identification card from the department of veterans affairs. All acceptable proof documents, except veterans
identification card, must show the veteran status as honorable, general,
general under honorable conditions, or discharged or released under conditions
other than dishonorable. (D) If an applicant proposes to offer separate programs
simultaneously, using different faculty members or different teams of faculty
members, the applicant shall file a separate application and pay a separate
application fee for each such program. A separate application is not required
if the applicant wishes to list individuals who possess the qualifications
required by the applicable provisions of this chapter to serve as substitutes
when the regular faculty members are unavailable. (E) The director or the director's designee may
request from an applicant any additional information necessary to assess
compliance with the applicable criteria for program approval established by
paragraph (A) of rule 3701-18-16 of the Administrative Code, to be provided by
the applicant within the time specified by the director or the designee. The
director or designee shall provide written notice to the applicant either
approving or proposing to deny approval of a TTT program within sixty days
after receipt of the application. (F) No applicant shall obtain or attempt to obtain approval
of a TTT program fraudulently or deceptively.
Last updated November 28, 2022 at 8:35 AM
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Rule 3701-18-15 | Application requirements for reapproval of train-the-trainer program.
Effective:
November 24, 2022
(A) A long-term care facility, employee
organization, person, or government entity seeking reapproval of a
train-the-trainer program shall, on a electronic system approved by the
director, submit a completed application to the director or the director's
designee for reapproval of the program. (B) A completed application for
reapproval of a TTT program: (1) Includes: (a) The name and address of the program; (b) The program's approval number; (c) The enrollment for the twenty-four months preceding
submission of the renewal application; (d) The number of completed programs held during the
twenty-four months preceding submission of the renewal
application; (e) A list of current faculty and program administrator and
the dates each faculty member and program administrator taught;
and (f) A statement, signed by the program administrator,
certifying that the program currently is in compliance with sections 3721.30
and 3721.31 of the Revised Code and this chapter (2) Is filed no later
than the sixtieth day before the expiration date of the program's initial
approval or most recent reapproval; and (3) Is accompanied by a
nonrefundable application fee of six hundred dollars. (C) The director or the director's
designee may request from a program any additional information necessary to
assess compliance with the applicable criteria for program reapproval
established by this chapter, to be provided by the applicant within the time
specified by the director or the designee. The director or the designee shall
provide a written notice to the applicant either approving or proposing to deny
the reapproval of a TTT program within sixty days after receipt of the
application. (D) No applicant shall obtain or attempt
to obtain reapproval of a TTT program fraudulently or deceptively.
Last updated November 28, 2022 at 8:35 AM
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Rule 3701-18-16 | Criteria for train-the-trainer approval and reapproval; approval period; and post approval requirements.
(A) The director or the director's designee shall approve an application for approval or reapproval as a train-the-trainer program if the applicant complies with the criteria, standards and requirements for an approved TTT program established by sections 3721.30 and 3721.31 of the Revised Code and by the applicable provisions of rules 3701-18-14 to 3701-18-21 of the Administrative Code. (B) The approval or reapproval of a TTT program issued under paragraph (A) of this rule expires two years after the date of issuance. (C) After receiving notice of approval or reapproval from the director or the director's designee, an approved program shall comply with all of the following requirements: (1) The program shall maintain compliance with the standards and criteria for approval and all other requirements of sections 3721.30 and 3721.31 of the Revised Code and this chapter. (2) The program shall notify the director or the director's designee of any proposed change in the program administrator or faculty members, curriculum content change of more than three hours, or change in the site of the classroom instruction or training skills practice portions of the program. This notification shall be filed in writing with the director or the director's designee at least ten business days prior to the planned implementation date for the proposed change. All proposed changes must be approved by the director or the director's designee prior to implementation. (3) The program shall notify the director or the director's designee in writing at least forty-five days before curtailing or discontinuing training activities. (a) This notification shall include a statement of the approved program's plans for disposition of records and a final report including the information required under paragraphs (C)(1) to (C)(5) of rule 3701-18-15 of the Administrative Code. The director or the director's designee may request that the program submit its records to the director or designee. (b) The notification also shall include documentation that the program has arranged for the current participants to be permitted to complete their training at another approved program without additional cost and that it has refunded all money collected for enrollment in future classes. (c) The director or the director's designee may allow the notification required by this paragraph to be filed not less than forty-five days before training ceases, upon a finding that the program was unable to file sooner for reasons beyond its control or that compliance with the forty-five day notice requirement will cause unusual and unnecessary hardship. (4) The program shall notify the director or the director's designee of its scheduled programs as soon as possible prior to conducting them. (a) If a program's curriculum contains subject matter in addition to the subject matter required by rule 3701-18-21 of the Administrative Code, the program shall specify the times when the required subject matter will be addressed. (b) The notification shall include the location at which the classroom instruction or training skills practice portions of the program will be conducted. (c) The program shall notify the director or the director's designee immediately upon cancellation of any scheduled training. (5) The program shall provide any additional information or documents pertinent to operation of the program or compliance with this chapter to the director or the director's designee upon request. (6) The program shall permit the director or the director's designee to have access to its staff, physical facilities, classes and records. (7) If the program conducted a program during a given month, it shall submit to the director or the director's designee, no later than the seventh day of the following month, a report listing the name of each individual who successfully completed or failed the approved program during the month for which the report is made, as determined by the program in accordance with paragraph (E) of rule 3701-18-21 of the Administrative Code. (8) The program shall issue a document, on a form prescribed by the director or the director's designee, to each participant who successfully completes the program and shall provide the participant the original document. The document, at minimum, shall contain the participant's name, the name of the program, the program approval number assigned by the director or the director's designee, and a statement that the participant successfully completed the program on a specified date. A TTT program that provides instruction to individuals who are seeking to meet the requirements of paragraph (B)(3)(a), (B)(3)(b), (B)(3)(c) or (F)(2) of rule 3701-18-09 of the Administrative Code shall provide to each individual who successfully completes the required instruction the original documentation evidencing the successful completion. (9) The program shall comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252 (1964), 42 U.S.C. 2000d, as amended (1986), section 504 of the Rehabilitation Act of 1973, 84 Stat. 394 (1973), 29 U.S.C. 794, as amended (2002), the Age Discrimination Act of 1975, 89 Stat. 728 (1975), 42 U.S.C. 6101, as amended (2002), the Americans with Disabilities Act, 104 Stat. 328 (1990), 42 U.S.C. 12101, as amended (1995), and any other applicable nondiscrimination legislation.
Last updated November 14, 2022 at 10:02 AM
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Rule 3701-18-17 | Special requirements for train-the-trainer programs.
Effective:
November 24, 2022
(A) Each approved train-the-trainer
program shall require that the absence of any participant be made up within
twenty-eight calendar days. The program administrator or a member of the
faculty of a TTT program shall document that arrangements were made for
coverage of missed material and that the missed material was made up
satisfactorily. (B) An approved TTT program shall not
allow any participant to cheat or behave in a manner that is disruptive to the
operation of the program. (C) Before accepting any money from
individuals seeking to enroll in the program, each TTT program shall explain to
all prospective enrollees the circumstances under which money paid by the
prospective enrollee will be refunded. (D) Each TTT program shall establish and
implement a method by which the participant may evaluate the
program; (E) An approved TTT program shall not
enroll any individual as a participant who does not possess the applicable
qualifications of a primary instructor prescribed by paragraph (D) of rule
3701-18-09 of the Administrative Code, with the exception of the prescribed
qualifications relating to completion of instruction from an approved TTT
program and the long-term care experience. The program shall maintain
documentation verifying the identity and credentials of the prospective
participants.
Last updated November 28, 2022 at 8:35 AM
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Rule 3701-18-18 | Personnel requirements for train-the-trainer programs.
Effective:
November 24, 2022
(A) Each approved TTT program shall be
administered by a program administrator who is a faculty member and possesses
the qualifications specified by either paragraph (C)(1) or (C)(2) of this rule.
If a program administrator leaves the program, the program: (1) Shall notify the
director immediately; (2) May complete the
program currently in progress; and (3) Shall not begin a new
program until the program arranges for a qualified replacement or substitute
and that individual begins functioning as the program
administrator. (B) The program administrator shall be
responsible for the overall administration and accountability of the program,
which includes being accessible to the faculty and the participants whenever
the program is operating and assuring the program's compliance with the
applicable provisions of this chapter. (C) Each approved TTT program shall
arrange for the services of individuals to serve as faculty members for the TTT
program. At minimum, the faculty shall consist of either of the
following: (1) One individual who
possesses all of the following qualifications: (a) A current, valid license to practice nursing as a registered
nurse issued under Chapter 4723. of the Revised Code; (b) At a minimum, a bachelor's degree; (c) A minimum of one thousand hours of long-term care experience
in direct patient care, administration, consultation, education or personnel or
any combination thereof; and (d) Experience in teaching adults, as evidenced by at least one
hundred fifty hours of classroom teaching or training of adults;
or (2) Two individuals, one
possessing the qualifications prescribed by paragraphs (C)(1)(a) and (C)(1)(c)
of this rule and the other possessing the qualifications prescribed by
paragraphs (C)(1)(b) and (C)(1)(d) of this rule. (D) The faculty of a TTT program
collectively shall be responsible for providing the instruction required by
rule 3701-18-21 of the Administrative Code and for supervising instruction by
supplemental instructors. (E) The TTT program may use individuals
who possess the qualifications of faculty members as substitutes in cases of
absences, vacations, and emergencies. (F) The program administrator of a TTT
program may arrange for an individual or individuals to serve as supplemental
instructors to provide training in their areas of expertise and within their
scopes of practice, if needed to meet planned program objectives for a
particular portion of the program. A supplemental instructors shall not conduct
any training skills practice or other form of evaluation. No more than six
hours of the total classroom instruction may be taught by supplemental
instructors. Each supplemental instructor shall be registered, certified, or
licensed to practice in his or her area of expertise in Ohio, if required by
law, or shall be otherwise appropriately qualified. Each supplemental
instructor also shall have knowledge of current developments relevant to the
instruction he or she will provide. (G) Approved programs may provide
classroom instruction online. (1) When a program
provides for online classroom instruction, a faculty member or supplemental
instructor shall be available in person, at minimum, at the conclusion of the
lesson to respond to questions and generate discussion about the topics
covered. (2) The provision of online classroom
instruction does not relieve a program of its responsibility to conduct the
evaluation of the participant required by paragraph (C) of rule 3701-18-21 or
the Administrative Code.
Last updated November 28, 2022 at 8:35 AM
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Rule 3701-18-19 | Physical facilities requirements for train-the-trainer programs.
Effective:
November 24, 2022
The physical facilities that an approved
train-the-trainer program uses for the classroom instruction and training
skills practice shall meet the following requirements: (A) The facilities shall provide
adequate space to accommodate all participants. (B) The facilities shall be clean and
safe and shall meet applicable state and local building and fire code
requirements. (C) The facilities shall have
adequate lighting and comfortable temperatures. (D) The facilities shall be equipped
adequately with audio-visual equipment, computers or similar technology, and
other teaching aids appropriate for a TTT program.
Last updated November 28, 2022 at 8:36 AM
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Rule 3701-18-20 | Recordkeeping requirements for train-the-trainer programs.
Effective:
November 24, 2022
(A) Each approved train-the-trainer
program shall maintain program records for at least two years at the
program's business address or at the office of the program administrator.
The records shall be kept in an area that is readily accessible and able to be
locked to protect the records against loss, theft, destruction, and
unauthorized use. (1) The records required
by paragraphs (B)(1) and (B)(2) of this rule shall be kept in a confidential
manner and shall not be released, without consent, to any person other than the
participant, the staff member to whom the records relate, or to the director or
the director's designee. (2) When a program
administrator leaves the program, he or she shall transfer all records to the
new program administrator or leave the records within the program
offices. (B) Each approved program shall maintain
at least the following records: (1) As applicable, a
final summary report for each participant. The report shall include enrollment
information, attendance records for classroom instruction or training skills
practice, and other evaluation or summary records; (2) The resume for each
faculty member and program administrator, and documentation of the
qualifications of supplemental instructors. (3) Administrative
records including, but not limited to, complaints and the participant
evaluations of the program.
Last updated November 28, 2022 at 8:36 AM
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Rule 3701-18-21 | Train-the-trainer program curriculum criteria and evaluation requirements.
Effective:
November 24, 2022
(A) Each approved train-the-trainer
program shall provide a combined total of at least twenty-eight hours of
instruction, including classroom instruction and training skills practice. The
instruction shall address the topic areas listed in this paragraph for at least
the specified amount of time, including the required amount of training skills
practice, and the TTT program curriculum standards set forth in the appendix to
this rule. The instruction under each standard shall be comparable to the
material set forth in the appendix. The amount of time required for coverage of
each topic area may be allocated among the standards within the topic area in
whatever fashion best suits the needs of the program's participants. The
TTT program shall provide at least four hours of instruction in addition to the
minimum hours required for the topic areas listed in this paragraph. These four
hours may be used by the program in whatever fashion best suits the needs of
the program's participants. The TTT program shall include instruction on
all of the following: (1) Program overview -
one-half hour; (2) The foundation of the
training and competency evaluation program - two hours; (3) The framework for
training - three and one-half hours; (4) The training
environment - one and one-half hours; (5) The course material
design and development process - four and one-half hours, two and one-half of
which shall be devoted to training skills practice; (6) Implementation and
evaluation - two and one-half hours, one and one-half of which shall be devoted
to training skills practice; (7) Presentation practice
- seven and one-half hours, four and one-half of which shall be devoted to
training skills practice; and (8) Review of the Ohio
Administrative Code rules - two hours. (B) Each approved TTT program shall
establish behaviorally stated objectives and measurable performance criteria
for each topic area and standard listed in paragraph (A) of this rule and the
pertinent portions of the appendix to this rule. The relevant objectives shall
be reviewed with the participants at the beginning of each portion of the
program so that each participant will understand what he or she is expected to
know and to execute for successful completion of that part of the
program. (C) Each approved TTT program shall
evaluate the participants in the program, except that the program is not
required to evaluate participants who are enrolled in the program for the
purposes of meeting the education-based exceptions to the TTT training
requirements specified in paragraph (B)(3)(a), (B)(3)(b), or (B)(3)(c) or the
requirements of paragraph (F)(2) of rule 3701-18-09 of the Administrative Code.
The evaluation, at minimum, shall consist of a written examination and a
process for evaluating training skills. The evaluation shall be based upon the
objectives and performance criteria established under paragraph (B) of this
rule. The written examination, at minimum, shall consist of thirty
multiple-choice questions. The training skills evaluation process, at minimum,
shall include assessment of the participant's oral presentation of a TCEP
subject matter component. The presentation shall address the same component as
the participant's presentation under standard VII.2 in the appendix to
this rule, with any changes made as the result of critiques by faculty members
and other participants. The training skills evaluation process also shall
include assessment of the sample performance objectives prepared by the
participant during the training skills practice portions of the
program. (D) Each approved TTT program shall
develop and provide each participant with a training manual which includes
resource materials useful for offering a TCEP. The manual shall include at
least copies of this chapter, including appendices, selected articles which
discuss current and future issues in long-term care, resource materials useful
for offering a TCEP, material describing current national and state demographic
trends affecting long-term care, reference material on techniques and
strategies for training, sections 3721.10 to 3721.34 of the Revised Code, and a
bibliography of current training reference resources. Each approved TTT program
shall make available to any participant, who requests such material, any
relevant guidelines issued by the director or the director's
designee. (E) For a participant to complete an
approved TTT program successfully, all of the following standards, at minimum,
shall be met: (1) The participant
attended all twenty-eight hours of instruction, including classroom instruction
and training skills practice, or made up any missed portion to the satisfaction
of the program administrator or a faculty member; (2) The participant
received a passing score of at least seventy per cent on the written
examination given by the program; and (3) The program
administrator or faculty members have documented that the sample performance
objectives prepared by the participant during the training skills practice
portion of the TTT program and the participant's oral presentation, as
required by paragraph (C) of this rule, were satisfactory.
View Appendix
Last updated November 28, 2022 at 8:36 AM
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Rule 3701-18-22 | The state-administered test.
Effective:
November 24, 2022
(A) The director or the director's
designee shall conduct a state-administered test under division (C) of section
3721.31 of the Revised Code and this rule. Successful completion of the
state-administered test shall be required for an individual to meet the
requirements of division (B)(1), (B)(2), (B)(6) or (B)(7) of section 3721.28 of
the Revised Code and paragraphs (B)(1), (B)(2), (B)(6) and (B)(7) of rule
3701-17-07.1 of the Administrative Code. As authorized by division (E) of
section 3721.31 of the Revised Code, the director shall decline to approve any
other tests in Ohio. The state-administered test shall include examination and
performance demonstration components. (B) As used in rules 3701-18-22 to
3701-18-27 of the Administrative Code, "registrant" means an
individual who registers with the director or the director's designee
under rule 3701-18-24 of the Administrative Code to take a component of the
state-administered test. (C) The examination component of the
competency evaluation shall include a representative sample of material from
each topic area specified in paragraph (A) of rule 3701-18-12 of the
Administrative Code and the appendix to that rule, and shall be developed from
a pool of test questions, only a portion of which is used in any one
examination. The registrant may choose to take the examination component in
writing or orally. If taken orally, the examination shall be read in a neutral
manner from a prepared text, and shall include an exercise designed to
determine the registrant's competency to read job-related information such
as a resident's name band or the label on a bottle on a bedside stand,
exit signs, danger warnings, and poisoning warnings. The examination shall be
given in English, except that if the individual is working in a long-term care
facility in which the predominant language of the residents is other than
English, the examination may be taken orally in the predominant language used
in the facility. (D) The performance demonstration portion
of the test shall consist, at minimum, of performance of five tasks, which
shall be selected randomly for each registrant from a pool of skills evaluation
tasks ranked according to degree of difficulty, with at least one task selected
from each degree of difficulty. The methods used to evaluate the
registrant's performance of the tasks shall include evaluation of the
registrant's non-task-oriented competency, such as communication and
interpersonal skills. The performance demonstration portion of the competency
evaluation may be held either in an Ohio long-term care facility or in a test
center equipped for that purpose. The performance demonstration portion of the
test shall be given in English, except that if the individual is working in a
long-term care facility in which the predominant language of the residents is
other than English, the examination may be taken at that facility in the
predominant language used in the facility. Skills evaluation tasks may include
but are not limited to the following: (1) Making an occupied
bed; (2) Taking and recording
a resident's temperature, pulse, and respiration; (3) Orienting a new
resident to the facility; (4) Performing range of
motion exercises; (5) Giving a bed bath;
or (6) Positioning a
resident on his or her side. (E) The physical facilities that the
director or the director's designee uses in conducting both components of
the test shall meet the requirements of rule 3701-18-10 of the Administrative
Code. The director or director's designee shall not conduct either
component of the test in a long-term care facility in which any event set forth
in paragraph (C) of rule 3701-18-06 of the Administrative Code has
occurred. (F) An individual who serves as an
evaluator for the performance demonstration component of the test shall be a
registered nurse who has at least one year nursing experience in a long-term
care facility and who is licensed under Chapter 4723. of the Revised Code. The
examination component of the test shall be proctored by at least one evaluator
who shall be responsible for assuring that no cheating or disruptive behavior
occurs during the examination. (G) The director or the director's
designee shall advise in advance any individual who takes the test that a
record of the successful completion of the evaluation will be included in the
nurse aide registry established under section 3721.32 of the Revised
Code. (H) Neither the director nor the
director's designee shall disclose test materials, examinations, or
evaluative tools used in the state-administered test to any person or
government entity, except as the director or the designee determines to be
necessary for the administration and enforcement of Chapter 3721. of the
Revised Code and the rules adopted under that chapter. The test materials,
examinations, and evaluative tools are not public records for the purpose of
section 149.43 of the Revised Code and are not subject to inspection or copying
under section 1347.08 of the Revised Code. The director or the director's
designee shall maintain a system to assure compliance with the requirements of
this paragraph.
Last updated November 28, 2022 at 8:36 AM
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Rule 3701-18-23 | Eligibility for the state-administered competency evaluation program.
Effective:
November 1, 2010
(A) Except as provided in paragraph (B) of this rule, the following individuals are eligible to register to take the state-administered test: (1) An individual enrolled in a prelicensure program of nursing education approved by the board of nursing, or by an agency of another state that regulates nursing education, who has provided the director or the director's designee with a certificate from the program indicating that the individual has successfully completed the courses that teach basic nursing skills including infection control, safety and emergency procedures, and personal care; (2) An individual who has the equivalent of twelve months or more of full-time employment in the preceding five years as a hospital aide or orderly, and who has provided the director or the director's designee written verification of such employment on a form provided by the director and signed by the authorized representative or representatives of the hospital or hospitals where the individual worked. As used in this paragraph, "the equivalent of twelve months or more of full-time experience" means at least one thousand six hundred continuous hours in a twelve month period; and (3) An individual who does not meet the requirements of division (B)(1), (B)(2), (B)(3), (B)(4), (B)(5), (B)(6), or (B)(7) of section 3721.28 of the Revised Code or paragraph (A)(1) or (A)(2) of this rule but who has, within the preceding twenty-four months, successfully completed a TCEP approved by the director or the director's designee pursuant to division (A) of section 3721.31 of the Revised Code and paragraph (A) of rule 3701-18-06 of the Administrative Code. (B) An individual registered for a component of the state-administered test and, who on three separate occasions failed to complete the component successfully, shall not be eligible to register for the component again until the individual subsequently successfully completes a TCEP approved under division (A) of section 3721.31 of the Revised Code and paragraph (A) of rule 3701-18-06 of the Administrative Code. Such an individual shall successfully complete both components of the state-administered test after completing the TCEP to be considered to meet the requirements of division (B) of section 3721.28 of the Revised Code and paragraph (B) of rule 3701-17-07.1 of the Administrative Code.
Last updated August 1, 2023 at 2:09 PM
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Rule 3701-18-24 | Registration for the state-administered test.
Effective:
November 1, 2010
(A) Except as otherwise provided in this rule, an eligible individual seeking to register for the state-administered test shall submit, in accordance with paragraph (C) of this rule, one or more completed registration forms provided by the director or the director's designee that include the individual's name, date of birth, social security number, home mailing address, signature, and daytime telephone number. The individual also shall furnish any additional information required by the applicable provisions of paragraphs (B) to (I) of this rule. The applicable registration fee or fees shall be paid in accordance with rule 3701-18-25 of the Administrative Code. (B) An individual may register to take either the examination component or the performance demonstration component or both components of the test at a test center or in the long-term care facility where he or she is or will be employed as a nurse aide, if the facility meets the requirements of paragraph (E) of rule 3701-18-22 of the Administrative Code. The components may be taken in any order, but both components shall be successfully completed while the individual is eligible to register under paragraph (A) of rule 3701-18-23 of the Administrative Code. (C) To register to take either or both of the state-administered components of the test: (1) The registrant shall submit to the director or the director's designee a completed registration form and the applicable fee or fees required by rule 3701-18-25 of the Administrative Code so that they are received by the director or designee no less than thirty days before the date on which the individual wishes to take the examination. The director or designee may waive the submission deadline if the registration form can be processed and there is adequate space at a test center. (2) In a long-term care facility, the registrant shall submit to the director or the director's designee one completed registration form and the applicable fee or fees required by rule 3701-18-25 of the Administrative Code. (D) An individual registering to take either or both of the components of the test and who currently is employed as a nurse aide by a long-term care facility, shall do both of the following: (1) Indicate on the registration form the name of the long-term care facility by which the individual currently is employed; and (2) Indicate on the form the date on which the individual was hired by the facility. (E) An individual registering to take either or both components of the test and who has completed an approved TCEP successfully, shall do both of the following: (1) Indicate on the registration form the program's name; its training program approval number, as assigned by the director or the director's designee; and the date on which the individual completed the program; and (2) Submit with the registration form a copy of the document issued by the TCEP under paragraph (H) of rule 3701-18-06.1 of the Administrative Code evidencing that the individual completed the program successfully. (F) If the individual is eligible to take the component because he or she meets the conditions specified in paragraph (A)(1) of rule 3701-18-23 of the Administrative Code, he or she shall submit with the registration form a copy of the certification required by that paragraph. (G) If the individual is eligible to take the component because he or she meets the conditions specified in paragraph (A)(2) of rule 3701-18-23 of the Administrative Code, he or she shall submit with the registration form a copy of the documentation required by that paragraph. (H) If the individual's religion prohibits him or her from being photographed, the individual shall submit a signed letter stating the name of the religion he or she practices and affirming his or her religious objection. (I) To register to retake a component or components of the test, the individual shall submit a registration form and the applicable fee or fees required by rule 3701-18-25 of the Administrative Code to the director or director's designee within the time frames specified in paragraph (C) of this rule for the applicable type of testing site. An individual shall not register to retake a component of the test until he or she receives the failing score report.
Last updated August 1, 2023 at 2:09 PM
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Rule 3701-18-25 | Fees for the state-administered test.
Effective:
November 24, 2022
(A) A registration fee or fees shall
accompany the registration form submitted under rule 3701-18-24 of the
Administrative Code for one or both components of the state-administered test.
The fee shall be paid in a form other than cash or a personal check, made
payable to the director's designee in the applicable amount or amounts
published to the department of health's website,
https://odh.ohio.gov/know-our-programs/nurse-aide-training-and-competency-evaluation-program-NATCEP/natcep. (B) Neither the director nor the
director's designee shall impose on a nurse aide any charge for
participating in the test. The fee for registering to take a component of the
test shall be paid by the long-term care facility or other person or government
entity employing the registrant as a nurse aide. If a registrant is not a nurse
aide as defined in rule 3701-18-01 of the Administrative Code, the director or
the director's designee may charge the registration fee to the
registrant. (C) A registrant may reschedule to take
the test one time without charge provided he or she notifies the
director's designee at least five work days before he or she is scheduled
to take the test.
Last updated November 28, 2022 at 8:36 AM
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Rule 3701-18-26 | Scheduling and administration of the state-administered competency evaluation program.
Effective:
November 24, 2022
(A) After the director or the
director's designee receives all items required by the applicable
provisions of rule 3701-18-24 of the Administrative Code for registration to
take a component or components of the state-administered competency evaluation
program at a test center, the director or designee shall notify the registrant
of the time and place for the registrant to take the component or components
and shall provide the registrant with a notification letter or a copy of an
e-mail of the time and location of the test. (B) To take the examination or
performance demonstration component of the state-administered competency
evaluation program, the registrant shall present the following items, as
applicable, at the testing site for that component: (1) A valid social
security card and government issued picture identification card such as a
driver's license or state identification card. If a registrant's
religious beliefs prohibit the taking of his or her photograph, the registrant
shall present two of the following items: (a) Social security card; (b) Birth certificate; or (c) Visa issued by the United States citizenship and
immigration services agency. Supporting documentation is necessary if the
names on the social security card, driver's license or birth certificate
do not match. (2) For either or both
components of the competency evaluation program, if taken at a test center, the
notification for admission to the examination that was provided by the director
or the director's designee under paragraph (A) of this rule. Before
administering the component or components at the test center, the director or
designee shall request that each registrant sign in; and (3) For either or both
components, if taken in a long-term care facility, the registrant shall submit
to the director or the designee the completed registration form and applicable
documents required by rule 3701-18-24 of the Administrative Code. Non-programmable calculators may be brought or
provided. (C) An individual who has a hearing
impairment, as certified by the director of nursing of the long-term care
facility where the individual currently is working, or by the individual's
personal physician if the individual is not working currently at a long-term
care facility, may use an interpreter in taking the competency
evaluation.
Last updated November 28, 2022 at 8:37 AM
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Rule 3701-18-27 | Completion of the state-administered competency evaluation program; reporting of results.
Effective:
November 24, 2022
(A) To complete the state-administered
test successfully, a registrant shall do both of the following: (1) Answer correctly at
least seventy per cent of questions on the examination component of the
program; and (2) Perform each of the
skills evaluation tasks included in the performance demonstration component of
the program satisfactorily. (B) Except as provided in paragraph (B)
of rule 3701-18-23 of the Administrative Code, if a registrant fails to
complete one component of the program successfully but completes the other
component successfully, the registrant need not retake the component that he or
she completed successfully. (C) Within thirty days after a registrant
successfully completes the test, the director or the director's designee
shall report his or her name and social security number to the nurse aide
registry established under section 3721.32 of the Revised Code. (1) For each such
registrant, the director or the designee also shall report to the registry any
information concerning the registrant's successful completion of a
training and test that was submitted to the director or the director's
designee under paragraph (G) of rule 3701-18-06.1 of the Administrative
Code. (2) The director shall
issue a failing score report to each registrant who did not successfully
complete the component or components. The report shall advise the registrant of
the parts of the component that he or she did not pass and that he or she has
at least three opportunities to successfully complete both components of the
evaluation, so long as they are both completed within the timeframes set forth
in paragraph (B) of rule 3701-18-24 of the Administrative Code.
Last updated November 28, 2022 at 8:37 AM
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