(1) (a) If an operator of an assisted living residence provides or pays for a portable test for a direct care worker or for qualified medication administration personnel employed by the assisted living residence, the operator shall make the results of the test available to the direct care worker or qualified medication administration personnel upon completion of the test. (b) If, upon hire by an assisted living residence, a new employee provides proof of completion of a portable test, the operator of the assisted living residence may determine that the individual has satisfied related testing requirements or require the individual to complete new testing. (c) The results of a tuberculosis test may be accepted for purposes of new employment records if presented to the new employer within two years after the testing date. Notwithstanding any provision of this section, the department may require additional testing as determined through administrative action, notice, rule, or state law. (2) If an operator of an assisted living residence provides or pays for portable training for a direct care worker or qualified medication administration personnel employed by the operator, upon completion of the portable training, the operator or the entity that provides the portable training shall provide the individual who completes the portable training with a certificate of completion. The certificate of completion must include: (a) The portable topic covered; (b) The date of the portable training; (c) The individual or entity that provided the portable training; (d) Documentation of competency in the specific portable topic of the portable training; and (e) Additional elements as determined by rule. (3) (a) If, upon hire by an assisted living residence, a new direct care worker provides proof of completion of portable training, the assisted living residence shall ensure, in a form and manner determined by the operator, that the direct care worker has satisfied the related portable training requirements in order to ensure that each direct care worker can safely carry out the duties and responsibilities for the care and provision of services to residents. (b) In addition to portable training, the operator of an assisted living residence shall ensure that each direct care worker receives any training required by rules adopted by the state board, or as set forth in state law, within the timelines set by state law or rule. (4) The state board shall accept proof of a portable test or a certificate for portable training that is deemed sufficient by an assisted living residence operator as proof of completion of a portable test or portable training. The state board may, but is not required to, promulgate rules to define other portable tests or portable trainings as portable. (5) If an assisted living residence operator accepts proof of portable training conducted by another entity, the assisted living residence operator shall ensure competency in a form and manner to be determined by the operator in order to ensure prior education and portable training are sufficient for the direct care worker to safely carry out the direct care worker's duties and responsibilities. An assisted living residence that currently employs a direct care worker is liable for any acts or omissions by the direct care worker employee that are directly related to the employee's previous portable training and the acceptance of the certification of completion of that training by the assisted living residence.
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