Note: This version of section effective until 9-1-2025. See also following version of this section, effective 9-1-2025. Sec. 11. (a) Unless an individual is certified under this section: (1) the individual may not practice as a qualified medication aide or a certified nurse aide; and (2) a facility may not employ the individual as a qualified medication aide or a certified nurse aide. (b) The state department shall do the following: (1) Establish a program for the certification of qualified medication aides and certified nurse aides who work in facilities licensed under this article. (2) Approve education and training programs for qualified medication aides and certified nurse aides, including course and inservice requirements. (3) Determine the standards concerning the functions that may be performed by a qualified medication aide and a certified nurse aide. (4) Establish annual certification fees for qualified medication aides. (5) Adopt rules under IC 4-22-2 necessary to implement and enforce this section. (c) The education and training programs approved by the state department: (1) must include a competency test that an individual must pass before being granted an initial certification as: (A) a qualified medication aide; or (B) a certified nurse aide; and (2) must include an optional training module for qualified medication aides in administering insulin, including: (A) at least four (4), and not more than eight (8), hours of classroom training; (B) at least two (2), and not more than four (4), hours of practical training; and (C) passing a written and practical examination administered by the trainer; in insulin administration to be completed before a qualified medication aide may administer insulin. (d) The state department shall maintain a registry of each individual who is: (1) certified as a: (A) qualified medication aide; or (B) certified nurse aide; or (2) registered as a home health aide under rules adopted under IC 16-27-1-7 . (e) The state department may conduct hearings for violations of this section under IC 4-21.5 . (f) The state department's authority under this section includes the ability to collect information from individuals certified as a qualified medication aide or certified nurse aide, as specified under IC 25-1-2-10 . [Pre-1993 Recodification Citation: 16-10-4-5.5.] IC 16-28-1-11 Qualified medication aides and certified nurse aides; facility verification of program requirements; exceptions Note: This version of section effective 9-1-2025. See also preceding version of this section, effective until 9-1-2025. Sec. 11. (a) Except as provided in subsection (c), unless an individual is certified under IC 16-27.5-3 or IC 16-27.5-4 : (1) the individual may not practice as a qualified medication aide or a certified nurse aide; and (2) a facility may not employ the individual as a qualified medication aide or a certified nurse aide. (b) A facility shall verify through the nurse aide registry that an individual who will provide nurse aide services has met competency evaluation requirements under the competency evaluation program. Except as provided in subsection (c), a facility may not use any individual working in the facility as a nurse aide unless the individual is a certified nurse aide. (c) A facility may allow an individual to perform nurse aide services without being a certified nurse aide in the following circumstances: (1) For not more than four (4) months on a full-time, part-time, temporary, per diem, or any other basis if the individual: (A) is determined by the facility to be competent to provide nursing and nursing related services; and (B) has at least completed a competency evaluation program approved by the certified health care professions commission under IC 16-27.5 . (2) The individual: (A) is a full-time employee who is enrolled in a training and competency evaluation program approved by the certified health care professions commission under IC 16-27.5 ; or (B) has recently successfully completed the training and competency evaluation program described in this section but has not yet been included in the registry. The facility shall subsequently confirm that the individual is on the registry in order to continue having the individual provide nurse aide services. (d) A facility shall: (1) arrange for individuals whom the facility plans to employ as nurse aides in the facility to participate in a competency evaluation program approved by the certified health care professions commission under IC 16-27.5 ; and (2) facilitate the individual's completion of the program. [Pre-1993 Recodification Citation: 16-10-4-5.5.]
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