TITLE 16

Health and Safety

Regulatory Provisions Concerning Public Health

CHAPTER 30A. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants [Effective until Jan. 1, 2023].

Subchapter I. Training and Qualifications for Nursing Assistants and Certified Nursing Assistants [Effective Jan. 1, 2023].

§ 3001A. Definitions [Effective until Jan. 1, 2023].

As used in this chapter:

(1) “Certified nursing assistant” means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. The care may include, but is not limited to, the following: bathing, dressing, grooming, toileting, ambulating, transferring and feeding, observing and reporting the general well-being of the person or persons to whom they are providing care.

(2) “Department” means the Department of Health and Social Services.

(3) “Nursing assistant” means an individual who has completed the requisite training to become a certified nursing assistant but is awaiting certification.

(4) “Senior certified nursing assistant” means a certified nursing assistant who has met the requirements of § 3005A of this title.

72 Del. Laws, c. 168, §  177 Del. Laws, c. 401, §§  4, 579 Del. Laws, c. 318, §  1

§ 3002A. Certified nursing assistant training [Effective until Jan. 1, 2023].

To obtain certification as a certified nursing assistant, all trainees must complete training in both classroom and clinical settings. The total clock hours of classroom and clinical training required for certification shall be determined by the Department through written order signed by the Secretary. At no time may the number of clock hours be less than those required by the Centers for Medicare and Medicaid Services.

72 Del. Laws, c. 168, §  179 Del. Laws, c. 318, §  183 Del. Laws, c. 267, § 1

§ 3003A. Composition of certified nursing assistant training course and curriculum [Effective until Jan. 1, 2023].

All courses in this State offering certification to individuals as certified nursing assistants must meet the requirements of 42 C.F.R. Ch. IV § 483.152 and have the following:

(1) A student-to-teacher ratio of no greater than 24 students to 1 registered nurse instructor for the classroom portion of the training;

(2) A student-to-teacher ratio of no greater than 8 students to 1 registered nurse instructor or 8 students to 1 licensed practical nurse having at least 3 years experience and working under the supervision of a registered nurse for all clinical phases of the program; and

(3) A curriculum complying with requirements mandated by the Department through regulations promulgated pursuant to this chapter.

2 Del. Laws, c. 168, §  173 Del. Laws, c. 258, §  474 Del. Laws, c. 209, §  176 Del. Laws, c. 304, §  177 Del. Laws, c. 401, §§  6, 779 Del. Laws, c. 318, §  1

§ 3004A. Mandatory orientation period [Effective until Jan. 1, 2023].

(a) A nursing assistant who has completed the hours of training required for certification as certified nursing assistant in a training program sponsored by the facility where the nursing assistant will be employed immediately thereafter shall be required to complete an additional facility-specific orientation period in a skilled nursing facility or assisted living facility. Nursing assistants shall have direct physical contact with residents only while under the visual observation of a certified nursing assistant or licensed nurse employed by the facility. Nursing assistants must receive certification within 90 calendar days of completion of the training program. Nursing assistants who do not receive certification within 90 calendar days may not work as a nursing assistant. The requirements for nursing assistant orientation shall be specified in a written order signed by the Secretary.

(b) All certified nursing assistants hired to work in a skilled care, intermediate care, or assisted living facility shall undergo an orientation period, which must include clinical hours. Any certified nursing assistant undergoing orientation and completing clinical tasks may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by this chapter and the Department. The requirements for certified nursing assistant orientation shall be specified in a written order signed by the Secretary.

(c) All certified nursing assistants employed by temporary agencies and placed in a facility in which they have not worked within the previous 6 months shall undergo a minimum of 2 hours of orientation prior to beginning their first shift at that facility, the guidelines for which shall be promulgated by the Department. Any certified nursing assistant employed by a temporary agency and undergoing orientation shall not be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by the Department.

72 Del. Laws, c. 168, §  179 Del. Laws, c. 318, §  180 Del. Laws, c. 129, §  183 Del. Laws, c. 267, § 1

§ 3005A. Senior certified nursing assistant certification [Effective until Jan. 1, 2023].

Any certified nursing assistant may pursue designation as a senior certified nursing assistant, and shall be so designated if such individual meets the following requirements:

(1) Has been a certified nursing assistant in good standing for a minimum of 3 years;

(2) Has successfully completed an additional 50 hours of instruction in an approved program featuring a curriculum specified by the Department; and

(3) Has passed a competency test issued pursuant to the guidelines delineated by the Department.

72 Del. Laws, c. 168, §  1

§ 3006A. Renewal of certification; late renewal; and penalties [Effective until Jan. 1, 2023].

(a) Every certified nursing assistant shall recertify biennially by filing an application; provided however, that the certification of any certified nursing assistant who is on active military duty with the armed forces of the United States and serving in a theater of hostilities on the date such application or recertification is due shall be deemed to be current and in full compliance with this chapter until the expiration of 30 days after such certified nursing assistant is no longer on active military duty in a theater of hostilities.

(b) Upon receipt of an application and fee, the Department shall verify the accuracy of the information set forth in the application and issue to the applicant a certificate of renewal for 2 years, provided that the applicant has successfully completed continuing education requirements as established by the Department.

(1) Such certificate shall entitle the holder to engage in work as a certified nursing assistant for the period stated therein.

(2) The amount charged for the renewal fee imposed under this chapter shall approximate and reasonably reflect all costs necessary to defray the expenses of maintaining an educational website from which certified nursing assistants will receive the required educational credits.

a. The application fee shall not be combined with any other fee or charge.

b. At the beginning of each biennial calendar year, the Department or any other state agency acting on its behalf, shall compute the appropriate fee for the coming 2 years.

(c) A certification may be renewed up to 30 days past the certification’s expiration date by submitting, to the Department, payment of a $25 penalty fee along with an application and proof of completion of continuing education requirements during the previous certification period. The certification of a certified nursing assistant who fails to renew on time or during the 30-day late renewal period is considered lapsed and the certified nursing assistant is not permitted to work until the certified nursing assistant submits an application and takes and passes the certified nursing assistant test.

79 Del. Laws, c. 318, §  180 Del. Laws, c. 129, §  1

§ 3007A. Promulgation of regulation [Effective until Jan. 1, 2023].

The Department shall promulgate rules and regulations to implement this chapter.

72 Del. Laws, c. 168, §  1

83 Del. Laws, c. 493, § 183 Del. Laws, c. 493, § 1
§ 3001A. Definitions [Effective Jan. 1, 2023].

As used in this subchapter:

(1) “Certified nursing assistant” means a duly-certified individual under the supervision of a licensed nurse, who provides care that does not require the judgment and skills of a licensed nurse. The care may include, but is not limited to, the following: bathing, dressing, grooming, toileting, ambulating, transferring and feeding, observing and reporting the general well-being of the person or persons to whom they are providing care.

(2) “Department” means the Department of Health and Social Services.

(3) “Nursing assistant” means an individual who has completed the requisite training to become a certified nursing assistant but is awaiting certification.

(4) “Senior certified nursing assistant” means a certified nursing assistant who has met the requirements of § 3005A of this title.

72 Del. Laws, c. 168, §  177 Del. Laws, c. 401, §§  4, 579 Del. Laws, c. 318, §  183 Del. Laws, c. 493, § 1

§ 3002A. Certified nursing assistant training [Effective Jan. 1, 2023].

To obtain certification as a certified nursing assistant, all trainees must complete training in both classroom and clinical settings. The total clock hours of classroom and clinical training required for certification shall be determined by the Department through written order signed by the Secretary. At no time may the number of clock hours be less than those required by the Centers for Medicare and Medicaid Services.

72 Del. Laws, c. 168, §  179 Del. Laws, c. 318, §  183 Del. Laws, c. 267, § 183 Del. Laws, c. 493, § 1

§ 3003A. Composition of certified nursing assistant training course and curriculum [Effective Jan. 1, 2023].

All courses in this State offering certification to individuals as certified nursing assistants must meet the requirements of 42 C.F.R. Ch. IV § 483.152 and have the following:

(1) A student-to-teacher ratio of no greater than 24 students to 1 registered nurse instructor for the classroom portion of the training;

(2) A student-to-teacher ratio of no greater than 8 students to 1 registered nurse instructor or 8 students to 1 licensed practical nurse having at least 3 years experience and working under the supervision of a registered nurse for all clinical phases of the program; and

(3) A curriculum complying with requirements mandated by the Department through regulations promulgated pursuant to this subchapter.

2 Del. Laws, c. 168, §  173 Del. Laws, c. 258, §  474 Del. Laws, c. 209, §  176 Del. Laws, c. 304, §  177 Del. Laws, c. 401, §§  6, 779 Del. Laws, c. 318, §  183 Del. Laws, c. 493, § 1

§ 3004A. Mandatory orientation period [Effective Jan. 1, 2023].

(a) A nursing assistant who has completed the hours of training required for certification as certified nursing assistant in a training program sponsored by the facility where the nursing assistant will be employed immediately thereafter shall be required to complete an additional facility-specific orientation period in a skilled nursing facility or assisted living facility. Nursing assistants shall have direct physical contact with residents only while under the visual observation of a certified nursing assistant or licensed nurse employed by the facility. Nursing assistants must receive certification within 90 calendar days of completion of the training program. Nursing assistants who do not receive certification within 90 calendar days may not work as a nursing assistant. The requirements for nursing assistant orientation shall be specified in a written order signed by the Secretary.

(b) All certified nursing assistants hired to work in a skilled care, intermediate care, or assisted living facility shall undergo an orientation period, which must include clinical hours. Any certified nursing assistant undergoing orientation and completing clinical tasks may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by this subchapter and the Department. The requirements for certified nursing assistant orientation shall be specified in a written order signed by the Secretary.

(c) All certified nursing assistants employed by temporary agencies and placed in a facility in which they have not worked within the previous 6 months shall undergo a minimum of 2 hours of orientation prior to beginning their first shift at that facility, the guidelines for which shall be promulgated by the Department. Any certified nursing assistant employed by a temporary agency and undergoing orientation shall not be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by the Department.

72 Del. Laws, c. 168, §  179 Del. Laws, c. 318, §  180 Del. Laws, c. 129, §  183 Del. Laws, c. 267, § 183 Del. Laws, c. 493, § 1

§ 3005A. Senior certified nursing assistant certification [Effective Jan. 1, 2023].

Any certified nursing assistant may pursue designation as a senior certified nursing assistant, and shall be so designated if such individual meets the following requirements:

(1) Has been a certified nursing assistant in good standing for a minimum of 3 years;

(2) Has successfully completed an additional 50 hours of instruction in an approved program featuring a curriculum specified by the Department; and

(3) Has passed a competency test issued pursuant to the guidelines delineated by the Department.

72 Del. Laws, c. 168, §  183 Del. Laws, c. 493, § 1

§ 3006A. Renewal of certification; late renewal; and penalties [Effective Jan. 1, 2023].

(a) Every certified nursing assistant shall recertify biennially by filing an application; provided however, that the certification of any certified nursing assistant who is on active military duty with the armed forces of the United States and serving in a theater of hostilities on the date such application or recertification is due shall be deemed to be current and in full compliance with this subchapter until the expiration of 30 days after such certified nursing assistant is no longer on active military duty in a theater of hostilities.

(b) Upon receipt of an application and fee, the Department shall verify the accuracy of the information set forth in the application and issue to the applicant a certificate of renewal for 2 years, provided that the applicant has successfully completed continuing education requirements as established by the Department.

(1) Such certificate shall entitle the holder to engage in work as a certified nursing assistant for the period stated therein.

(2) The amount charged for the renewal fee imposed under this subchapter shall approximate and reasonably reflect all costs necessary to defray the expenses of maintaining an educational website from which certified nursing assistants will receive the required educational credits.

a. The application fee shall not be combined with any other fee or charge.

b. At the beginning of each biennial calendar year, the Department or any other state agency acting on its behalf, shall compute the appropriate fee for the coming 2 years.

(c) A certification may be renewed up to 30 days past the certification’s expiration date by submitting, to the Department, payment of a $25 penalty fee along with an application and proof of completion of continuing education requirements during the previous certification period. The certification of a certified nursing assistant who fails to renew on time or during the 30-day late renewal period is considered lapsed and the certified nursing assistant is not permitted to work until the certified nursing assistant submits an application and takes and passes the certified nursing assistant test.

79 Del. Laws, c. 318, §  180 Del. Laws, c. 129, §  183 Del. Laws, c. 493, § 1

§ 3007A. Promulgation of regulation [Effective Jan. 1, 2023].

The Department shall promulgate rules and regulations to implement this chapter.

72 Del. Laws, c. 168, §  183 Del. Laws, c. 493, § 1

83 Del. Laws, c. 493, § 1
§ 3010A. Definitions [Effective Jan. 1, 2023].

As used in this subchapter:

(1) “Central service technician” means an individual who decontaminates, inspects, assembles, packages, and sterilizes reusable medical instruments or devices for a health-care facility.

(2) “Health-care facility” means a hospital or freestanding surgical center licensed pursuant to this title.

(3) “Health-care practitioner” means an individual licensed to practice in the healing arts, pursuant to Title 24, acting within the scope of his or her license.

83 Del. Laws, c. 493, § 170 Del. Laws, c. 186, §  1

§ 3011A. Certification requirements for central service technicians [Effective Jan. 1, 2023].

(a) An individual may not be engaged in work as a central service technician in a health-care facility and a health-care facility may not employ an individual as a central service technician unless the individual has passed a nationally-accredited central service exam for central service technicians and holds and maintains 1 of the following credentials:

(1) Certified registered central service technician credential.

(2) Certified sterile processing and distribution technician credential

(b) Exemption. —

The certification requirement provided in subsection (a) of this section shall not apply to an individual employed or otherwise working as a central service technician in a health-care facility as of January 1, 2023.

83 Del. Laws, c. 493, § 1

§ 3012A. Employment and continuing education [Effective Jan. 1, 2023].

(a) New employees. —

An individual hired as a central service technician who does not meet the requirements of § 3011A(a) of this title shall have 18 months, from the date of hire, to comply with the certification requirements.

(b) Continuing education. —

Individuals who are employed as a central service technician in a health-care facility shall annually complete 10 hours of continuing education. The continuing education required under this subsection shall be in subject areas related to the scope of work of a central service technician.

83 Del. Laws, c. 493, § 1

§ 3013A. Requirements of health-care facilities [Effective Jan. 1, 2023].

A health-care facility shall maintain documentation to verify that an individual meets the certification requirements of § 3011A of this title including the individual’s date of employment as a central service technician.

83 Del. Laws, c. 493, § 1

§ 3014A. Exemptions [Effective Jan. 1, 2023].

Nothing in this subchapter may be construed to prohibit any of the following individuals from performing the tasks of a central service technician:

(1) A health-care practitioner.

(2) A student or intern performing the tasks of a central service technician, under the direct supervision of a health-care practitioner as a part of their training or internship.

83 Del. Laws, c. 493, § 1