Ohio Revised Code
Chapter 3721 | Nursing Homes; Residential Care Facilities
Section 3721.28 | Nurses Aides Training and Competency Evaluation Programs.

Effective: September 30, 2021
Latest Legislation: Senate Bill 6 - 134th General Assembly
(A)(1) Each nurse aide used by a long-term care facility on a full-time, temporary, per diem, or other basis on July 1, 1989, shall be provided by the facility a competency evaluation program approved by the director of health under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section. Each long-term care facility using a nurse aide on July 1, 1989, shall provide the nurse aide the preparation necessary to complete the competency evaluation program by January 1, 1990.
(2) Each nurse aide used by a long-term care facility on a full-time, temporary, per diem, or other basis on January 1, 1990, who either was not used by the facility on July 1, 1989, or was used by the facility on July 1, 1989, but had not successfully completed a competency evaluation program by January 1, 1990, shall be provided by the facility a competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section. Each long-term care facility using a nurse aide described in division (A)(2) of this section shall provide the nurse aide the preparation necessary to complete the competency evaluation program by October 1, 1990, and shall assist the nurse aide in registering for the program.
(B) Effective June 1, 1990, no long-term care facility shall use an individual as a nurse aide for more than four months unless the individual is competent to provide the services the individual is to provide, the facility has received from the nurse aide registry established under section 3721.32 of the Revised Code the information concerning the individual provided through the registry, and one of the following is the case:
(1) The individual was used by a facility as a nurse aide on a full-time, temporary, per diem, or other basis at any time during the period commencing July 1, 1989, and ending January 1, 1990, and successfully completed, not later than October 1, 1990, a competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section.
(2) The individual has successfully completed a training and competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section or has met the conditions specified in division (F)(1) or (2) of this section and, in addition, if the training and competency evaluation program or the training, instruction, or education the individual completed in meeting the conditions specified in division (F)(1) or (2) of this section was conducted by or in a long-term care facility, or if the director pursuant to division (E) of section 3721.31 of the Revised Code so requires, the individual has successfully completed a competency evaluation program conducted by the director.
(3) Prior to July 1, 1989, if the long-term care facility is certified as a skilled nursing facility or a nursing facility under Title XVIII or XIX of the "Social Security Act," 49 Stat. 620 (1935), 42 U.S.C.A. 301, as amended, or prior to January 1, 1990, if the facility is not so certified, the individual completed a program that the director determines included a competency evaluation component no less stringent than the competency evaluation programs approved by the director under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section, and was otherwise comparable to the training and competency evaluation programs being approved by the director under division (A) of that section.
(4) The individual is listed in a nurse aide registry maintained by another state and that state certifies that its program for training and evaluation of competency of nurse aides complies with Titles XVIII and XIX of the "Social Security Act" and regulations adopted thereunder.
(5) Prior to July 1, 1989, the individual was found competent to serve as a nurse aide after the completion of a course of nurse aide training of at least one hundred hours' duration.
(6) The individual is 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, has provided the long-term care facility 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, and has successfully completed a competency evaluation program conducted by the director under division (C) of section 3721.31 of the Revised Code.
(7) The individual has the equivalent of twelve months or more of full-time employment in the preceding five years as a hospital aide or orderly and has successfully completed a competency evaluation program conducted by the director under division (C) of section 3721.31 of the Revised Code.
(C) Effective June 1, 1990, no long-term care facility shall continue for longer than four months to use as a nurse aide an individual who previously met the requirements of division (B) of this section but since most recently doing so has not performed nursing and nursing-related services for monetary compensation for twenty-four consecutive months, unless the individual successfully completes additional training and competency evaluation by complying with divisions (C)(1) and (2) of this section:
(1) Doing one of the following:
(a) Successfully completing a training and competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section;
(b) Successfully completing a training and competency evaluation program described in division (B)(4) of this section;
(c) Meeting the requirements specified in division (B)(6) or (7) of this section.
(2) If the training and competency evaluation program completed under division (C)(1)(a) of this section was conducted by or in a long-term care facility, or if the director pursuant to division (E) of section 3721.31 of the Revised Code so requires, successfully completing a competency evaluation program conducted by the director.
(D)(1) The four-month periods provided for in divisions (B) and (C) of this section include any time, on or after June 1, 1990, that an individual is used as a nurse aide on a full-time, temporary, per diem, or any other basis by the facility or any other long-term care facility.
(2) During the four-month period provided for in division (B) of this section, during which a long-term care facility may, subject to division (E) of this section, use as a nurse aide an individual who does not have the qualifications specified in divisions (B)(1) to (7) of this section, a facility shall require the individual to comply with divisions (D)(2)(a) and (b) of this section:
(a) Participate in one of the following:
(i) If the individual has successfully completed a training and competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code, and the program was conducted by or in a long-term care facility, or the director pursuant to division (E) of section 3721.31 of the Revised Code so requires, a competency evaluation program conducted by the director;
(ii) If the individual is enrolled in a prelicensure program of nursing education described in division (B)(6) of this section and has completed or is working toward completion of the courses described in that division, or the individual has the experience described in division (B)(7) of this section, a competency evaluation program conducted by the director;
(iii) A training and competency evaluation program approved by the director under division (A) of section 3721.31 of the Revised Code or conducted by the director under division (C) of that section.
(b) If the individual participates in or has successfully completed a training and competency evaluation program under division (D)(2)(a)(iii) of this section that is conducted by or in a long-term care facility, or the director pursuant to division (E) of section 3721.31 of the Revised Code so requires, participate in a competency evaluation program conducted by the director.
(3) During the four-month period provided for in division (C) of this section, during which a long-term care facility may, subject to division (E) of this section, use as a nurse aide an individual who does not have the qualifications specified in divisions (C)(1) and (2) of this section, a facility shall require the individual to comply with divisions (D)(3)(a) and (b) of this section:
(a) Participate in one of the following:
(i) If the individual has successfully completed a training and competency evaluation program approved by the director, and the program was conducted by or in a long-term care facility, or the director pursuant to division (E) of section 3721.31 of the Revised Code so requires, a competency evaluation program conducted by the director;
(ii) If the individual is enrolled in a prelicensure program of nursing education described in division (B)(6) of this section and has completed or is working toward completion of the courses described in that division, or the individual has the experience described in division (B)(7) of this section, a competency evaluation program conducted by the director;
(iii) A training and competency evaluation program approved or conducted by the director.
(b) If the individual participates in or has successfully completed a training and competency evaluation program under division (D)(3)(a)(iii) of this section that is conducted by or in a long-term care facility, or the director pursuant to division (E) of section 3721.31 of the Revised Code so requires, participate in a competency evaluation program conducted by the director.
(E) A long-term care facility shall not permit an individual used by the facility as a nurse aide while participating in a training and competency evaluation program to provide nursing and nursing-related services unless both of the following are the case:
(1) The individual has completed the number of hours of training that must be completed prior to providing services to residents as prescribed by rules that shall be adopted by the director in accordance with Chapter 119. of the Revised Code;
(2) The individual is under the personal supervision of a registered or licensed practical nurse licensed under Chapter 4723. of the Revised Code.
(F) An individual shall be considered to have satisfied the requirement, under division (B)(2) of this section, of having successfully completed a training and competency evaluation program conducted or approved by the director, if either of the following apply:
(1) The individual, as of July 1, 1989, met both of the following conditions:
(a) Completed at least sixty hours divided between skills training and classroom instruction in the topic areas described in divisions (B)(1) to (8) of section 3721.30 of the Revised Code;
(b) Received at least the difference between seventy-five hours and the number of hours actually spent in training and competency evaluation in supervised practical nurse aide training or regular in-service nurse aide education.
(2) The individual meets both of the following conditions:
(a) Has completed during the COVID-19 public health emergency declared by the United States secretary of health and human services a minimum of seventy-five hours of training that occurs in a long-term care facility setting, includes on-site observation and work as a nurse aide under a COVID-19 pandemic waiver issued by the federal centers for medicare and medicaid services, and addresses all of the required areas specified in 42 C.F.R. 483.152(b), except that if gaps in on-site training are identified, the individual also must complete supplemental training;
(b) Has successfully completed the competency evaluation conducted by the director of health under section 3721.31 of the Revised Code.
(G) The director shall adopt rules in accordance with Chapter 119. of the Revised Code specifying persons, in addition to the director, who may establish competence of nurse aides under division (B)(5) of this section, and establishing criteria for determining whether an individual meets the conditions specified in division (F)(1) of this section.
(H) The rules adopted pursuant to divisions (E)(1) and (G) of this section shall be no less stringent than the requirements, guidelines, and procedures established by the United States secretary of health and human services under sections 1819 and 1919 of the "Social Security Act."
Last updated July 12, 2021 at 4:23 PM

Structure Ohio Revised Code

Ohio Revised Code

Title 37 | Health-Safety-Morals

Chapter 3721 | Nursing Homes; Residential Care Facilities

Section 3721.01 | Nursing Home and Residential Care Facility Definitions and Classifications.

Section 3721.011 | Skilled Nursing Care.

Section 3721.012 | Risk Agreement.

Section 3721.02 | Procedures for Inspecting and Licensing Homes - Fees.

Section 3721.021 | Review of Documents by Prospective Residents and Associated Persons.

Section 3721.022 | Establishing and Maintaining Health Standards and Serving as State Survey Agency.

Section 3721.023 | Party Identified in License Deemed Sole Owner of Business on Premises Leased on or Before 1-1-70.

Section 3721.024 | Nursing Facility Recognition Program.

Section 3721.026 | Assignment or Transfer of Operation of Nursing Home.

Section 3721.027 | Investigation of Unresolved Complaints Found to Be Valid.

Section 3721.03 | Enforcement of Provisions - Revocation of License.

Section 3721.031 | Investigation of Complaint Concerning Home - Disclosure of Information.

Section 3721.032 | Fire Marshal to Enforce and Adopt Fire Safety Rules.

Section 3721.04 | Adoption and Publication of Uniform Rules Governing Operation of Homes.

Section 3721.041 | Vaccinations to Be Offered to Residents.

Section 3721.042 | Excluded Grounds for Denial of License.

Section 3721.05 | Operating Home Requires License - Prohibited Activities.

Section 3721.051 | County or District - Prohibited Activities.

Section 3721.06 | Prohibition Against Placement of Person in Unlicensed Home.

Section 3721.07 | Requirement for Issuance of License - Revocation.

Section 3721.071 | Home Must Be Equipped With Both Automatic Fire Extinguishing and Fire Alarm Systems.

Section 3721.072 | Biennial Participation in Quality Improvement Projects.

Section 3721.08 | Injunctive Relief.

Section 3721.081 | Summary Orders.

Section 3721.09 | Local Regulations.

Section 3721.10 | Residents' Rights Definitions.

Section 3721.11 | Director to Adopt Rules.

Section 3721.12 | Duties of Nursing Home Administrator Concerning Residents' Rights.

Section 3721.121 | Criminal Records Check.

Section 3721.122 | Screening and Accommodations for Sex Offenders.

Section 3721.13 | Residents' Rights.

Section 3721.14 | Implementation of Residents' Rights.

Section 3721.141 | Notification of Benefit Eligibility.

Section 3721.15 | Authorization to Handle Residents' Financial Affairs.

Section 3721.16 | Residents' Rights Concerning Transfer or Discharge.

Section 3721.161 | Hearing Challenging Proposed Transfer or Discharge.

Section 3721.162 | Determining Whether Transfer or Discharge Complies.

Section 3721.17 | Grievance Procedure.

Section 3721.18 | Attorney General Duties.

Section 3721.19 | Nonparticipation in State Assistance Program.

Section 3721.20 | Compassionate Care Visits.

Section 3721.21 | Long-Term Care Facility Definitions.

Section 3721.22 | Reporting Abuse or Neglect of Resident or Misappropriation of Property.

Section 3721.23 | Investigations.

Section 3721.24 | Whistleblower Protection.

Section 3721.25 | Confidentiality.

Section 3721.26 | Adoption of Rules.

Section 3721.28 | Nurses Aides Training and Competency Evaluation Programs.

Section 3721.29 | Orientation Program - Performance Review - In-Service Education.

Section 3721.30 | Competency Evaluation Program Contents.

Section 3721.31 | Approving or Rejecting Programs.

Section 3721.32 | State Nurse Aide Registry.

Section 3721.33 | Nurse Aide Training Fund.

Section 3721.34 | Cooperation With Other Agencies.

Section 3721.35 | Unauthorized Practice of Nursing.

Section 3721.60 | Electronic Monitoring in Long-Term Care Facilities Definitions.

Section 3721.61 | Electronic Monitoring Authorization Form.

Section 3721.62 | Roommate Consent.

Section 3721.63 | Form Prescribed by Facility.

Section 3721.64 | Posted Notice.

Section 3721.65 | No Discrimination for Use of Electronic Monitoring Device.

Section 3721.66 | Tampering and Unauthorized Use.

Section 3721.67 | Rulemaking.

Section 3721.68 | Law Enforcement Exception.

Section 3721.69 | Video-Conference Visitation.

Section 3721.99 | Penalty.