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Implementation of Wisconsin Administrative Code DHS 129

PDF Version of DQA 08-030  (PDF, 155 KB)

Date: December 18, 2008 -- DQA Memo 08-030
To: Nurse Aide Training Programs NATP 10
From: Shari Busse, Director
Office of Caregiver Quality
cc:

Otis Woods, Administrator
Division of Quality Assurance

Implementation of Wisconsin Administrative Code DHS 129

DQA Memo 08-026 announced the legislature's approval of the revisions to ch. DHS 129. The purpose of this memo is to provide direction and guidance regarding the actual implementation of the changes that affect the training of nurse aides as of December 1, 2008. The December 1, 2008 version of ch. DHS 129 is available at http://www.legis.state.wi.us/rsb/code/dhs/dhs129.pdf.

This memo contains important information on the following topics:

  • Implementation Time Period,
  • Requirements for all Current Nurse Aide Training Programs,
  • Approval Process,
  • Completion Certificate, and
  • Nurse Aide Training & Testing Resources.

Implementation Time Period

Although ch. DHS 129 is effective December 1, 2008, the Department does not expect nurse aide training programs currently approved for less than the new minimum requirement of 120 hours to be at the new minimum requirement of 120 hours by that date. Nurse Aide Training programs that are currently active with an approval date prior to November 1, 2008, may continue to provide training until June 30, 2009.

As of June 30, 2009, all current training programs will be inactivated and their approval revoked. Students who have completed these programs by June 30, 2009 must successfully complete both parts of the NNAAP examination within one year of successful completion of their training program.

Any entity wishing to conduct nurse aide training as of July 1, 2009 must submit a new application that meets all requirements of ch. DHS 129 of the Wisconsin Administrative Code dated December 1, 2008. Entities must submit applications soon enough to allow for the review process and approval before the requested implementation date or July 1, 2009, which ever is earlier.

Requirements for all Current Nurse Aide Training Programs

Every nurse aide training program currently approved to operate that wishes to continue to train nurse aides after June 30, 2009 must submit a new Nurse Aide Training Program Application. There will be no exceptions to this requirement. All existing programs will be mailed a new application packet.

All programs, including those currently operating at 120 hours or more, must make updates to their program based on the requirements of DHS 129. These updates may include, but are not limited to, the following:

Units of Instruction

On pages 13 through 23 of the application, the program must show where the increase in hours will occur to satisfy the minimum of 120 hours (including a minimum of 32 hours of clinical experience), and must include, but is not limited to, instruction in the following areas:

  • Commonly used alternatives to restraints in accordance with current professional standards [129.07(b) 17, Wisconsin Administrative Code];
  • Recognizing the general effects of prescribed routine medications [129.07(b) 26, Wisconsin Administrative Code];
  • Recognizing the therapeutic interventions and specialized non-pharmacological pain control interventions [129.07(b) 27, Wisconsin Administrative Code];
  • Transferring clients safely and according to principles of patient care ergonomics and with proficiency in use of available equipment that is used to transfer clients. This requirement includes, but is not limited to: mechanical lifts, friction reducing devices, wheelchairs and gait belts [129.07(d) 3 Wisconsin Administrative Code];
  • Possible causes of dementia-related symptomatic behavior changes, specifically focusing on understanding behavior as an attempt to communicate unmet needs and, then, how to address the unmet need, including an understanding of how pain impacts behavior [129.07(f) 5, Wisconsin Administrative Code];
  • Ways to help a person with dementia continue meaningful involvement in his or her day, the importance of structure and routine, and the incorporation of the person's life story and past interests, routines, tastes, values, and background [129.07(f) 6, Wisconsin Administrative Code];
  • The stress involved for a client, family, and nurse aide in caring for a client with dementia and the techniques for coping with this stress; ways to address the person with dementia's core needs of having self-esteem boosted, being useful, giving and receiving love, and caring for self and others [129.07(f) 7, Wisconsin Administrative Code].

Program Information

  • The program must revise quizzes and exams to include questions relating to the additional topics covered.
  • Course syllabi and course calendars must be revised.

Attendance

  • The attendance policy must reflect that a minimum of 120 hours of class attendance is mandatory. A currently approved 120-hour program that allows for absences without make-up provisions so that the student does not complete 120 hours of instruction is no longer allowed.
  • A program that allows absences must specify the number of absences allowed and add those hours to the minimum 120 hours required. The policy must specify at what point the student will be dropped from the program due to excessive absenteeism.
  • A program that allows make-up work for absences must specify the type of make-up work allowed, including what a student must complete and when the work is due.

In addition to the above curriculum requirements, all training programs are encouraged to review and update their present policies and procedures as they relate to dress code, cell phone, camera phone usage, etc. The Office of Caregiver Quality has seen an increase in the number of misconduct complaints involving the inappropriate use of cell phones and camera phones by nurse aides who have violated resident rights by disclosing resident information or pictures via their phones.

All nurse aide training programs must complete and submit a new Nurse Aide Training Program Application as new curriculum topics have been included in the December 1, 2008 version of ch. DHS 129. The following is required for all applications:

  • Nurse Aide Instructional Program Application (F-62220)
  • List of current classrooms
  • List of current clinical sites
  • Record retention policy
  • Bias free program policy
  • Floor plan
  • Performance records
  • Program information, including policies related to program attendance, standard of practice, student expectations, dress code, and grading policies
  • Program evaluation policy
  • Organizational chart
  • Program supply/equipment list
  • List of primary instructors and program trainers (See note below.)
  • Curriculum

The following is only required if there are changes:

  • Primary Instructor Application (F-62610) and supporting documentation for new instructors only
  • Program Trainer Application (F-62687) and supporting documentation for new trainers only

Application packets may also be obtained by contacting:

Cindy Hintze, Nurse Consultant
Office of Caregiver Quality
PO Box 2969
Madison, WI 53701-2969
(608) 261-8328
Cynthia.Hintze@wisconsin.gov 

Approval Process

Ch. DHS 129.07 outlines the program operation and curriculum requirements for all nurse aide training programs. A nurse aide training program must be a minimum of 120 hours in length; this includes at least 32 hours of clinical experience.

Applications will be processed in the order in which they are received. Submitting an application packet after May 29, 2009 may delay the review and approval process.

Programs wishing to begin a training program that meets the new requirements prior to July 1, 2009, must specify the proposed date that the first class will begin. All programs that submit materials for review will be issued a new training program approval number. This will differentiate between the programs approved prior to and those approved after July 1, 2009.

Completion Certificate

Each training program is required to provide a student with a certificate verifying completion of the 120-hour nurse aide training. The certificate should include the number of hours completed, the name of the program, the date completed, and signatures of the Primary Instructor and Program Manager. Programs may include the number of classroom and clinical hours, if desired. Do not include the state assigned nurse aide training program number on the certificate of completion. A sample completion certificate is attached.

Nurse Aide Training and Testing Resources

Please access the website at http://www.dhs.wisconsin.gov/caregiver/NATD/NrsAidTrgPrgInf.HTM for more information, including nurse aide forms, rules and regulations, and contact information. There are a variety of useful tools on the Nurse Aide website including:

If you have any questions, please contact the Office of Caregiver Quality at (608) 261-8319 or DHSCaregiverIntake@wisconsin.gov.

Attachment: Sample Completion Certificate

 

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