Amendment AA2-AB249

LRBa1471/2

MED:wlj:jm

2013 - 2014 LEGISLATURE

ASSEMBLY AMENDMENT 2, TO ASSEMBLY BILL 249

February 11, 2014 - Offered by Representative Bernier.

AB249-AA2,1,1 At the locations indicated, amend the bill as follows:

AB249-AA2,1,3 1. Page 1, line 3: after "aides" insert ", exempting certain individuals from the requirements to work as a nurse aide,".

AB249-AA2,1,4 2. Page 2, line 7: after that line insert:

AB249-AA2,1,6 " Section 1m. 108.227 (1) (e) 3. of the statutes, as created by 2013 Wisconsin Act 36, is amended to read:

AB249-AA2,1,12 108.227 (1) (e) 3. A license, certificate of approval, provisional license, conditional license, certification, certification card, registration, permit, training permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7) (b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2), 254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or 343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).".

AB249-AA2,2,2 3. Page 2, line 19: after " (3g)" insert ", or has been issued a waiver from completing instruction in an instructional program under sub. (2g) (b),".

AB249-AA2,2,10 4. Page 3, line 2: after "(3m)." insert "In order to be eligible under this paragraph, an individual who successfully completes instruction in an instructional program for nurse aides that is approved under sub. (3g) and who previously completed a competency evaluation program in another state must successfully complete a competency evaluation program that is approved under sub. (3m), regardless of whether the competency evaluation program that the individual completed in another state is the same as or substantially similar to a competency evaluation program that is approved under sub. (3m).".

AB249-AA2,2,11 5. Page 3, line 2: after that line insert:

AB249-AA2,2,12 " Section 3m. 146.40 (2) (ac) of the statutes is created to read:

AB249-AA2,2,14 146.40 (2) (ac) The individual has been added to the registry under sub. (4g) as provided under sub. (2g) (a).".

AB249-AA2,2,15 6. Page 3, line 12: after that line insert:

AB249-AA2,2,16 " Section 4e. 146.40 (2) (g) of the statutes is renumbered 146.40 (2) (g) 1.

AB249-AA2,4m Section 4m. 146.40 (2) (g) 2. of the statutes is created to read:

AB249-AA2,2,24 146.40 (2) (g) 2. For hospitals, nursing homes, home health agencies, or hospices, whether or not certified providers of medical assistance, and intermediate care facilities for persons with an intellectual disability that are certified providers of medical assistance, the individual, if he or she has performed no nursing-related service for monetary compensation for 24 consecutive months after having satisfied the requirement under par. (ac), successfully completes a competency evaluation program for nurse aides that is approved by the department under sub. (3m).

AB249-AA2,4s Section 4s. 146.40 (2g) of the statutes is created to read:

AB249-AA2,3,10 146.40 (2g) (a) An individual who has previously been employed in another state as a nurse aide for 2,088 hours or more within the prior 2-year period and who has successfully completed a competency evaluation program in that other state that is the same as or substantially similar to one approved under sub. (3m) may apply to the department to be eligible to be employed or contracted as a nurse aide under sub. (2) (ac). The department shall verify that the individual was employed in that state as a nurse aide for 2,088 hours in the 2-year period prior to the date of application. If the individual is so eligible, the department shall add the individual to the registry under sub. (4g).

AB249-AA2,3,21 (b) An individual who has previously been employed in another state as a nurse aide for 2,088 hours or more within the prior 2-year period but who has not successfully completed a competency evaluation program that is the same as or substantially similar to one approved under sub. (3m) may apply to the department to be eligible for a waiver from completing instruction in an instructional program for nurse aides under subs. (3) and (3g). The department shall verify that the individual was employed in that state as a nurse aide for 2,088 hours in the 2-year period prior the date of application. If the individual is so eligible, the department shall issue the individual a waiver so that the individual may complete a competency evaluation program under sub. (3m) without completing instruction in an instructional program for nurse aides under sub. (3) or (3g).".

AB249-AA2,3,22 7. Page 3, line 14: delete "may" and substitute "shall".

AB249-AA2,4,3 8. Page 3, line 21: after "sub. (3)." insert "Only an individual so described may complete an instructional program for nurse aides that is approved under this subsection.".

AB249-AA2,4,4 9. Page 4, line 3: after that line insert:

AB249-AA2,4,5 " Section 5m. 146.40 (3m) of the statutes is amended to read:

AB249-AA2,4,18 146.40 (3m) The department shall review competency evaluation programs for nurse aides and, except as provided in sub. (4d), may approve those competency evaluation programs that satisfy standards for approval that are specified in rules promulgated by the department. The department may approve a competency evaluation program to be taken by an individual who completes an instructional program for nurse aides that is approved under sub. (3g) only if the competency evaluation program is the same as one to be taken by an individual who completes an instructional program for nurse aides that is approved under sub. (3). Under this subsection, the department may, after providing notice, suspend or revoke approval of a competency evaluation program or impose a plan of correction on the program if the competency evaluation program fails to satisfy the standards for approval or operates under conditions that are other than those contained in the application approved by the department.".

AB249-AA2,4,19 10. Page 4, line 9: after that line insert:

AB249-AA2,4,20 " Section 6m. 146.40 (4g) (a) 1. of the statutes is amended to read:

AB249-AA2,4,23 146.40 (4g) (a) 1. A listing of all individuals who are added to the registry as required under sub. (2g) and all individuals about whom the department is notified under sub. (4).".

AB249-AA2,4,24 11. Page 5, line 2: after that line insert:

AB249-AA2,5,1 " Section 7m. 257.01 (7) (a) and (b) of the statutes are amended to read:

AB249-AA2,5,3 257.01 (7) (a) An individual who satisfies the requirements for a nurse aide under s. 146.40 (2) (a), (ac), (c), (e), (em), or (g).

AB249-AA2,5,7 (b) An individual who did at any time within the previous 10 years, but does not currently, satisfy the requirements for a nurse aide under s. 146.40 (2) (a), (ac), (c), (e), (em), or (g), if the individual's name has never been listed under s. 146.40 (4g) (a) 2., 2005 stats., or s. 146.40 (4g) (a) 2.".

AB249-AA2,5,8 (End)