1.1                          A bill for an act 
  1.2             relating to health; modifying training requirements 
  1.3             for nursing assistants; amending Minnesota Statutes 
  1.4             1998, section 144A.61, subdivisions 2, 3a, and 6a. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  Minnesota Statutes 1998, section 144A.61, 
  1.7   subdivision 2, is amended to read: 
  1.8      Subd. 2.  [NURSING ASSISTANTS.] For the purposes of this 
  1.9   section and section 144A.611 "nursing assistant" means a nursing 
  1.10  home or certified boarding care home employee, including a 
  1.11  nurse's aide or an orderly, who is assigned by the director of 
  1.12  nursing to provide or assist in the provision of nursing or 
  1.13  nursing-related services under the supervision of a registered 
  1.14  nurse.  "Nursing assistant" includes nursing assistants employed 
  1.15  by nursing pool companies but does not include a licensed health 
  1.16  professional.  The commissioner of health may, by rule, 
  1.17  establish categories of nursing assistants who are not required 
  1.18  to comply with the educational requirements of this section and 
  1.19  section 144A.611. 
  1.20     Sec. 2.  Minnesota Statutes 1998, section 144A.61, 
  1.21  subdivision 3a, is amended to read: 
  1.22     Subd. 3a.  [COMPETENCY EVALUATION PROGRAM.] The 
  1.23  commissioner of health shall approve the competency evaluation 
  1.24  program.  A competency evaluation must be administered to 
  1.25  nursing assistants who desire to be listed in the nursing 
  2.1   assistant registry and who have done one of the following:  (1) 
  2.2   completed an approved training program; or (2) are enrolled in a 
  2.3   licensed nurse education program.  The tests may only be 
  2.4   administered by technical colleges, community colleges, or other 
  2.5   organizations approved by the department of health.  The 
  2.6   commissioner of health shall approve a nursing assistant for the 
  2.7   registry without requiring a competency evaluation if the 
  2.8   nursing assistant is in good standing on a nursing assistant 
  2.9   registry in another state.  
  2.10     Sec. 3.  Minnesota Statutes 1998, section 144A.61, 
  2.11  subdivision 6a, is amended to read: 
  2.12     Subd. 6a.  [NURSING ASSISTANTS HIRED IN 1990 AND AFTER.] 
  2.13  Each nursing assistant hired to work in a nursing home or in a 
  2.14  certified boarding care home on or after January 1, 1990, must 
  2.15  have successfully completed an approved competency evaluation 
  2.16  prior to employment or an approved nursing assistant training 
  2.17  program and a competency evaluation within four months from the 
  2.18  date of employment.