§ 23-17.7.1-1. Declaration of purpose. The purpose of this chapter is to provide for the development, establishment, and enforcement of standards: (1) For the licensing of nursing service agencies; and (2) To promote safe and adequate care for individuals receiving nursing and nursing related services. History of Section.P.L. 2005, ch. 127, § 2; P.L. 2005, […]
§ 23-17.7.1-10. Regulations, inspections, and investigations. The licensing agency shall, after a public hearing pursuant to chapter 35 of title 42, give notice, adopt, amend, promulgate, and enforce any rules and regulations and standards with respect to nursing service agencies to be licensed under this chapter that may be designed to further the accomplishment of […]
§ 23-17.7.1-11. Training and/or competency evaluation program for nursing assistants. Every individual who is employed to provide nursing assistant services shall be required to be registered as required by chapter 17.9 of this title. History of Section.P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
§ 23-17.7.1-12. Nursing service agency employees identification. (a) Any employee of a nursing service agency upon employment and prior to placement shall be provided with a photo identification which shall be worn on the employee’s person while the employee is working. (b) The photo identification shall be a recent photograph of the employee and shall […]
§ 23-17.7.1-13. Agencies to which chapter inapplicable. (a) The provisions of this chapter shall not be construed to apply to hospices, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants and the duties of […]
§ 23-17.7.1-14. Agencies to which chapter inapplicable. The provisions of this chapter shall not be construed to apply to hospitals, home nursing care providers and homecare providers licensed in accordance with chapter 17 of this title; however, the agencies shall be subject to the same training requirements for nursing assistants and the duties of the […]
§ 23-17.7.1-15. Nursing service agencies exempt. The provisions of this chapter shall not apply to: (1) Nursing service agencies and nursing exempt from regulation by the state; (2) Visiting nursing services or home health services conducted by and for those who rely exclusively upon spiritual means through prayer alone in accordance with the creed or […]
§ 23-17.7.1-16. Severability. If any provision of this chapter or the application of any provision of this chapter to any person or circumstance shall be held invalid, the invalidity shall not affect the provisions or application of this chapter which can be given effect without the invalid provisions or application, and to this end the […]
§ 23-17.7.1-17. Criminal records review. (a) Any person seeking employment in a facility who is, or is required to be, licensed or registered with the department of health if that employment involves routine contact with a patient or resident without the presence of other employees, shall undergo a national criminal records check that shall include […]
§ 23-17.7.1-18. Prior criminal records checks. If an applicant for employment has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau of criminal identification or local police a letter indicating if any disqualifying information was discovered. The bureau of criminal identification […]
§ 23-17.7.1-19. Rules and regulations. The director of the department of health is authorized to promulgate rules and regulations to carry out the intent of this chapter. History of Section.P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
§ 23-17.7.1-2. Definitions. (a) “Director” means the director of the state department of health; (b) “Licensing agency” means the state department of health; (c) “Nursing assistant” is defined as a nursing, orderly, or home health aide who is a paraprofessional trained to give personal care and related health care and assistance based on his or […]
§ 23-17.7.1-20. Disqualifying information. (a) Information produced by a national criminal records check pertaining to conviction for the following crimes will result in a letter to the employee and employer disqualifying the applicant from the employment: murder, voluntary manslaughter, involuntary manslaughter, first-degree sexual assault, second-degree sexual assault, third-degree sexual assault, assault on persons sixty (60) […]
§ 23-17.7.1-21. Immunity from liability. No employer who disqualifies an individual from employment or continued employment within thirty (30) days of receipt of a letter containing disqualifying information as defined in § 23-17.7.1-20 or of a criminal background report relating to that information shall be liable for civil damages or subject to any claim, cause […]
§ 23-17.7.1-3. Licensing of nursing service agencies — Rules governing establishment of fees. (a) The director may establish reasonable fees for the licensure application, licensure renewal, and administrative actions under this chapter. Annual licensure fees shall be five hundred dollars ($500) per licensee. (b) The department of health shall promulgate licensure standards, and rules and […]
§ 23-17.7.1-4. License required for nursing service agencies. No person shall establish, conduct, or maintain a nursing service agency in this state without a license issued pursuant to this chapter. History of Section.P.L. 2005, ch. 127, § 2; P.L. 2005, ch. 168, § 2.
§ 23-17.7.1-5. Application for license. An application for a license shall be made to the licensing agency upon forms provided by it and shall contain any information that the licensing agency reasonably requires, which may include affirmative evidence of ability to comply with reasonable standards and the rules and regulations as issued pursuant to this […]
§ 23-17.7.1-6. Issuance of license — Posting — Transfer conditions. Upon receipt of an application for a license, the licensing agency shall issue a license if the applicant meets the requirements established under this chapter, and any reasonable rules and regulations that may be established in accordance with the requirements established under this chapter. The […]
§ 23-17.7.1-7. Expiration and renewal of license. A license shall be for one year and shall expire on the thirty-first (31st) day of December following its issuance and may be renewed from year to year after inspection, report, approval, and collection of fees by the licensing agency. The inspection shall be made any time prior […]
§ 23-17.7.1-8. Denial, suspension, or revocation of license. The licensing agency, after notice and opportunity for a hearing to the applicant or licensee, is authorized to deny, suspend, or revoke a license in any case in which it finds that there has been failure to comply with the requirements established under and pursuant to this […]
