SECTION 310:677-1-3. Applicability

(a)   This Chapter shall apply to specified employers, nurse aides, certified medication aides and other unlicensed employees providing health related services, and training and competency evaluation programs.

(b)   An employer shall not use an individual as a nurse aide unless the employer has consulted the Oklahoma Nurse Aide Registry to determine whether the individual is listed on the nurse aide registry and whether the individual has no confirmed findings of abuse, neglect or misappropriation of patient/resident/client property.

(c)   The Department shall grant an exception to the nurse aide training requirements in 310:677-9-4 for home health aides, 310:677-11-4 for long term care aides, 310:677-13-4 for certified medication aides, 310:677-15-3 for ICF/IID care aides, 310:677-17-3 for residential care aides and 310:677-19-3 for adult day care aides, and allow an individual to sit for the competency examination if the individual submits all information specified on the Training Exception Application (ODH Form 832), which requires the following:

(1)   Individual's full name and personal identifying information;

(2)   Telephone number and address to include street, city, state, and zip code;

(3)   Copy of official transcript documenting classroom and clinical training equal to or greater than the classroom and clinical training as prescribed in 310:677-9-4, 310:677-11-4, 310:677-13-4, 310:677-15-3, 310:677-17-3 and 310:677-19-3; and

(4)   Type of nurse aide training to be excepted.

(d)   The Department shall grant to a graduate of an approved practical or registered nurse program located in the United States a waiver to be placed on the nurse aide registry if the following criteria are met:

(1)   The individual submits all information specified on the Department's Nurse Aide Training and Competency Evaluation Program Waiver Application (ODH Form 844), which requires the following:

(A)   Individual's full name and personal identifying information;

(B)   Telephone number and address to include street, city, state, and zip code;

(C)   Photocopy of diploma from an approved practical or registered nurse program;

(D)   Type of nurse aide training and competency testing requesting to be waived; and

(E)   Identification of all states, territories and districts of the United States and other countries where the individual has practiced or been licensed, certified or registered as a nurse; and

(2)   The individual does not have a denied, revoked or suspended license or certificate or an administrative penalty or disciplinary action imposed by the Oklahoma Board of Nursing or similar agency in another state, territory or district of the United States or in another country, to be evidenced by the individual's attestation.

(e)   The Department shall allow a graduate of an approved practical or registered nurse program located outside the United States a training exception and shall be authorized to sit for a nurse aide competency examination if the following criteria are met:

(1)   The individual submits the Foreign Graduate Training Exception Application (ODH Form 843), which requires the following:

(A)   Individual's full name;

(B)   Telephone number and address to include street, city, state, and zip code;

(C)   The location outside of the United States where the individual received their nursing education and licensing examination if applicable;

(D)   The type of nurse aide training requesting to be excepted;

(E)   Documentation verifying legal entry and resident status in the United States including but not limited to a photocopy of a Social Security Card, Visa, Green Card or naturalization papers; and

(F)   A photocopy of a certified, translated diploma and transcript in English; and

(2)   The individual does not have a denied, revoked or suspended license or certificate or an administrative penalty or disciplinary action imposed by the Oklahoma Board of Nursing or similar agency in another state, territory or district of the United States, to be evidenced by the individual's attestation.

(f)   An individual who has not completed an approved Oklahoma Nurse Aide Training program and is submitting an application to be included on the Oklahoma Nurse Aide Registry as a certified nurse aide shall submit the following nonrefundable fee with the required completed application:

(1)   Deeming Application, fifteen dollar ($15.00) fee applicable to each of the following deeming applications except (A) of this paragraph;

(A)   Home Health Aide deemed to Long Term Care Aide (ODH Form 755) with no fee required;

(B)   Home Health Aide deemed to ICF/IID Care Aide (ODH Form 836);

(C)   Home Health Aide deemed to residential Care Aide (ODH Form 837);

(D)   Home Health Aide deemed to Adult Day Care Aide (ODH Form 838);

(E)   Long Term Care Aide deemed to ICF/IID Care Aide (ODH Form 830);

(F)   Long Term Care Aide deemed to Residential Care Aide, (ODH Form 831);

(G)   Long Term Care Aide deemed to Adult Day Care Aide, (ODH Form 839);

(H)   ICF/IID Care Aide deemed to Residential Care Aide (ODH Form 834); and

(I)   ICF/IID Care Aide deemed to Adult Day Care Aide (ODH Form 835);

(2)   Home Health Aide Reciprocity Application (ODH Form 735), $15.00 fee;

(3)   Training Exception Application (ODH Form 832), or Foreign Graduate Training Exception Application (ODH Form 843), $15.00 fee; or

(4)   Nurse Aide Training and Competency Evaluation Program Waiver Application (ODH Form 844), $15.00 fee.

(5)   The fees specified in (1) through (4) of this subsection apply to applications for home health aides, certified medication aides, ICF/IID care aides, residential care aides, and adult day care aides. A fee shall not be charged on an application requesting certification as a long term care aide only.

(g)   An individual who has previously completed a Department approved Nurse Aide Training and Competency Evaluation Program and is unable to renew certification may obtain approval to take a retest by filing a Certified Nurse Aide Retest Application (ODH Form 841) if any of the following criteria are met:

(1)   The individual did not provide eight (8) hours of nursing or health related services for compensation during the twenty-four (24) months prior to expiration of the certification;

(2)   The individual did not provide eight (8) hours of nursing or health related services for compensation up to twenty-four (24) months after expiration; or

(3)   The individual's nurse aide certification has been expired for over two (2) years but less than three (3) years.

(4)   A Certified Nurse Aide Retest Application (ODH Form 841) submitted by a home health aide, ICF/IID care aide, residential care aide, or adult day care aide shall be accompanied by a fifteen dollar ($15.00) nonrefundable fee.

(5)   An individual who fails the approved retest shall be required to retrain before taking any subsequent retests.

(h)   An individual may request a duplicate or amended certification card by submitting a Duplicate or Amended Nurse Aide Card Application (ODH Form 738) with a nonrefundable ten dollar ($10.00) fee. A fee shall not be charged on an application requesting a duplicate or amended long term care aide certification card.

[Source: Added at 12 Ok Reg 3087, eff 7-27-95; Amended at 18 Ok Reg 2545, eff 6-25-01; Amended at 19 Ok Reg 2106, eff 6-27-02; Amended at 21 Ok Reg 2807, eff 7-12-04; Amended at 24 Ok Reg 2045, eff 6-25-07; Amended at 26 Ok Reg 2068, eff 6-25-09; Amended at 37 Ok Reg 1455, eff 9-11-20]