Waivers and Variances: Nurse Aide Programs

Nurse aide training programs

The following provides information about the procedure to request a waiver or variance from Wis. Admin. Code ch. DHS 129 requirements for nurse aide programs.

Requirements

Requirements for a waiver or variance is identified in Wis. Admin. Code § DHS 129.04.

Definitions

Submit a request

A request for a waiver or variance may be made at any time, shall be made in writing to the Department of Health Services and shall state all of the following:

  • The rule from which the waiver or variance is requested.
  • The time period for which the waiver or variance is requested.
  • The reason or reasons for which the waiver or variance is requested.
  • If the request is for a variance, the proposed alternative to the rule, including new concepts, methods, procedures, practice, techniques, equipment, personnel qualifications, pilot project or other alternative or alternatives the program proposes and a description of how the proposed alternative or alternatives serves the interests of training and competency evaluation in a manner that is as protective as the requirement from which the variance is sought.
  • Assurances that the waiver/variance will not adversely affect the health, safety or welfare of any client.

Email for fax a letter of request to:

Division of Quality Assurance
Attn: Nurse Aide Training Consultant
Email:WIDQA_NATCEP@dhs.wisconsin.gov
Fax: 608-264-6340

Nurse aide federal employment eligibility renewal waiver

DQA-regulated assisted living providers and personal care agencies are not defined in rule and cannot renew nurse aide federal eligibility. They can request a waiver which would allow the renewal under certain conditions. The Nurse Aide State and Federal Employment Eligibility, P-02393 (PDF) defines the requirements and procedure for applying for a waiver.

Submit a request

A waiver request is a one-time request and is only for those aides included in the employee roster (F-02476A). A new, completed waiver request is required for any future eligibility renewals that are needed. A waiver request may only be submitted by an employer. Individuals may not submit a request on their own behalf.

A waiver request must include the following:

  1. A completed, signed Nurse Aide Federal Employment Eligibility Renewal – Waiver Request, F-02476 (Word).
  2. A completed, signed Nurse Aide Federal Employment Eligibility Renewal – Employee Roster, F-02476A (Word) of nurse aides whose eligibility will expire within 90 days.
  3. A copy of the nursing license of the RN or LPN who is providing supervision of the employed nurse aides.

Email or fax a waiver request to:

Division of Quality Assurance
Attn: Nurse Aide Training Consultant
Email: WIDQA_NATCEP@dhs.wisconsin.gov
Fax: 608-264-6340

Additional resources

View the Nurse Aide Training and Registry Information webpages for additional information.

Contact us

For questions on the waiver or variance process contact the Division of Quality Assurance at 608-266-8481.

Last Revised: January 8, 2021