California Laws: Health and Safety Code Section 1337.3
Section 1337.3
(a) The state department shall prepare and maintain a list
of approved training programs for nurse assistant certification. The
list shall include training programs conducted by skilled nursing or
intermediate care facilities, as well as local agencies and
education programs. In addition, the list shall include information
on whether a training center is currently training nurse assistants,
their competency test pass rates, and the number of nurse assistants
they have trained. Clinical portions of the training programs may be
obtained as on-the-job training, supervised by a qualified director
of staff development or licensed nurse.
(b) It shall be the duty of the state department to inspect a
representative sample of training programs. The state department
shall protect consumers and students in any training program against
fraud, misrepresentation, or other practices that may result in
improper or excessive payment of funds paid for training programs.
In evaluating a training center's training program, the state
department shall examine each training center's trainees' competency
test passage rate, and require each program to maintain an average 60
percent test score passage rate to maintain its participation in the
program. The average test score passage rate shall be calculated
over a two-year period. If the state department determines that any
training program is not complying with regulations or is not meeting
the competency passage rate requirements, notice thereof in writing
shall be immediately given to the program. If the program has not
been brought into compliance within a reasonable time, the program
may be removed from the approved list and notice thereof in writing
given to it. Programs removed under this article shall be afforded
an opportunity to request reinstatement of program approval at any
time. The state department's district offices shall inspect
facility-based centers as part of their annual survey.
(c) Notwithstanding Section 1337.1, the approved training program
shall consist of at least the following:
(1) A 16-hour orientation program to be given to newly employed
nurse assistants prior to providing direct patient care, and
consistent with federal training requirements for facilities
participating in the Medicare or medicaid programs.
(2) (A) A certification training program consisting of at least 60
classroom hours of training on basic nursing skills, patient safety
and rights, the social and psychological problems of patients, and
elder abuse recognition and reporting pursuant to subdivision (e) of
Section 1337.1. The 60 classroom hours of training may be conducted
within a skilled nursing facility, an intermediate care facility, or
an educational institution.
(B) In addition to the 60 classroom hours of training required
under subparagraph (A), the certification program shall also consist
of 100 hours of supervised and on-the-job training clinical practice.
The 100 hours may consist of normal employment as a nurse assistant
under the supervision of either the director of staff development or
a licensed nurse qualified to provide nurse assistant training who
has no other assigned duties while providing the training.
(3) At least two hours of the 60 hours of classroom training and
at least four hours of the 100 hours of the supervised clinical
training shall address the special needs of persons with
developmental and mental disorders, including mental retardation,
Alzheimer's disease, cerebral palsy, epilepsy, dementia, Parkinson's
disease, and mental illness.
(d) The state department, in consultation with the State
Department of Education and other appropriate organizations, shall
develop criteria for approving training programs, that includes
program content for orientation, training, inservice and the
examination for testing knowledge and skills related to basic patient
care services and shall develop a plan that identifies and
encourages career ladder opportunities for certified nurse
assistants. This group shall also recommend, and the department
shall adopt, regulation changes necessary to provide for patient care
when facilities utilize noncertified nurse assistants who are
performing direct patient care. The requirements of this subdivision
shall be established by January 1, 1989.
(e) On or before January 1, 2004, the state department, in
consultation with the State Department of Education, the American Red
Cross, and other appropriate organizations, shall do the following:
(1) Review the current examination for approved training programs
for certified nurse assistants to ensure the accurate assessment of
whether a nurse assistant has obtained the required knowledge and
skills related to basic patient care services.
(2) Develop a plan that identifies and encourages career ladder
opportunities for certified nurse assistants, including the
application of on-the-job post-certification hours to educational
credits.
(f) A skilled nursing or intermediate care facility shall
determine the number of specific clinical hours within each module
identified by the state department required to meet the requirements
of subdivision (d), subject to subdivisions (b) and (c). The
facility shall consider the specific hours recommended by the state
department when adopting the certification training program required
by this chapter.
(g) This article shall not apply to a program conducted by any
church or denomination for the purpose of training the adherents of
the church or denomination in the care of the sick in accordance with
its religious tenets.
(h) The Chancellor of the California Community Colleges shall
provide to the state department a standard process for approval of
college credit. The state department shall make this information
available to all training programs in the state.
Section: 1337.3
