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PRIOR PRINTER'S NO. 1421
PRINTER'S NO. 1564
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
1102
Session of
2024
INTRODUCED BY ARGALL, BROOKS, BOSCOLA, GEBHARD, J. WARD,
ROTHMAN, PENNYCUICK, CULVER, HUTCHINSON, FARRY, PHILLIPS-
HILL, DUSH, MASTRIANO, LAUGHLIN AND ROBINSON, MARCH 12, 2024
SENATOR ARGALL, EDUCATION, AS AMENDED, APRIL 30, 2024
AN ACT
Amending the act of June 9, 1997 (P.L.169, No.14), entitled "An
act providing for Statewide nurse aide training programs
relating to nursing facilities," providing for training for
long-term care, for criteria for nurse aides and for
limitation on department.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. The act of June 9, 1997 (P.L.169, No.14), known
as the Nurse Aide Resident Abuse Prevention Training Act, is
amended by adding sections to read:
Section 3.1. Training for long-term care.
(a) Duties of department.-- The department shall:
(1) Develop and implement a long-term care curriculum
for nurse aides.
(2) Establish qualifications for individuals to conduct
training of the long-term care curriculum. The qualifications
shall include, at a minimum, that an instructor must be a
registered nurse or a licensed practical nurse under the
supervision of a registered nurse as defined in 49 Pa. Code ยง
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21.1 (relating to definitions).
(3) Establish a training program to implement a train-
the-trainer model so that trainers are able to deliver the
long-term care curriculum to nurse aides in this
Commonwealth. If the training of a nurse aide is performed by
a registered nurse or a licensed practical nurse under the
general supervision of a registered nurse:
(i) the registered nurse must be available to the
licensed practical nurse; and
(ii) the registered nurse must have a minimum of two
years of nursing experience, with at least 12 months of
employment in a long-term care nursing facility.
(4) Review an A FACILITY'S application for approval to
enroll in ESTABLISH a training program. If the department
fails to approve an initial application within 45 calendar
days of receipt, the application shall be deemed approved. If
the department fails to approve a revised application within
15 days of receipt, the application shall be deemed approved.
(b) Eligibility for admittance to examination.--
Notwithstanding any other provision of law to the contrary, an
individual who is a student nurse or graduate nurse shall be
admitted to sit for the nurse aide examination if the individual
demonstrates that the individual has completed courses through a
nursing program that is equivalent to the requirements of the
nurse aide training program.
Section 3.2. Criteria for nurse aides.
(a) General rule.--In order to become a nurse aide in this
Commonwealth, an individual must:
(1) Successfully complete a State-approved nurse aide
curriculum and training program or the long-term care
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curriculum for nurse aides and achieve a minimum score,
established by the department, on the nurse aide competency
examination, which shall consist of:
(i) a written portion that may be taken, at the
option of the individual, in person or remotely over the
Internet; and
(ii) a skills-demonstrated portion approved by the
department and administered at a site and instructor
approved by the department.
(2) Be a graduate of an accredited registered nurse or
licensed practical nursing program and achieve a minimum
score, established by the department, on the nurse aide
competency examination.
(3) Be a student of an accredited registered nurse or
licensed practical nursing program who obtains a passing
grade in a fundamentals of nursing course or equivalent and
achieves a minimum score, established by the department, on
the nurse aide competency examination.
(3) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, BE A
STUDENT NURSE OR GRADUATE NURSE THAT HAS COMPLETED COURSES
THROUGH A NURSING PROGRAM THAT IS EQUIVALENT TO THE
REQUIREMENTS OF THE NURSE AIDE TRAINING PROGRAM AND ACHIEVES
A MINIMUM SCORE AS REQUIRED BY THE DEPARTMENT ON THE NURSE
AIDE COMPETENCY EXAMINATION.
(b) Facility proctoring of the competency evaluation.--
(1) The competency evaluation may, at the PROSPECTIVE
nurse aide's option, be conducted at the facility in which
the PROSPECTIVE nurse aide is or will be employed unless the
facility is described in 42 CFR 483.151(b)(2) (relating to
state review and approval of nurse aide training and
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competency evaluation programs).
(2) The department may permit the competency evaluation
to be proctored by facility personnel if the department finds
that the procedure adopted by the facility ensures that the
competency evaluation program:
(i) is secure from tampering;
(ii) is standardized and scored by a testing,
educational or other organization approved by the
department; and
(iii) requires no scoring by facility personnel.
Section 3.3. Limitation on department.
The department may not impose on a provider of a State-
approved nurse aide program a waiting period between approval of
the training program and the offering of any portion of the
training online . AS AUTHORIZED UNDER SECTION 9 .
Section 2. This act shall take effect in six months. AS
FOLLOWS:
(1) THE ADDITION OF SECTION 3.1(1), (2) AND (3) OF THE
ACT SHALL TAKE EFFECT IN ONE YEAR.
(2) THE ADDITION OF SECTION 3.2(B) OF THE ACT SHALL TAKE
EFFECT IN 60 DAYS.
(3) The remainder of this act shall take effect in 30
days.
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