DHS 129.04(3)(b) (b) The facility shall have an adequate environment for operating the program. An adequate environment means the citations leading to the prohibition were non-resident and non-nursing care related.

DHS 129.04(3)(c) (c) If the citations leading to the prohibition were resident or nursing care related:

DHS 129.04(3)(c)1. 1. The citations were corrected at revisit and there were no cites at or since the previous standard survey that were resident or nursing care related; or

DHS 129.04(3)(c)2. 2. The program termination resulted from a new citation at a standard survey revisit and the facility had no other citations at or since the previous standard survey that were resident or nursing care related; or

DHS 129.04(3)(c)3. 3. The facility had an immediate jeopardy situation in a resident or nursing care related area that was corrected at the time of survey and had no other citations at or since the previous standard survey that were resident or nursing care related; or

DHS 129.04(3)(c)4. 4. The facility had a history of resident or nursing care related citations, but has demonstrated efforts beyond normal means to attain and maintain substantial compliance. History means since the most recent training program approval.

DHS 129.04(3)(d) (d) The facility’s physical environment is adequate in that the physical or structural requirements are in substantial compliance or there is a waiver request pending.

DHS 129.04(3)(e) (e) The program provided in the facility shall be by another entity unrelated to the facility that has agreed to provide the training. Competency testing shall also be done by an entity unrelated to the facility or the training program.

DHS 129.04(3)(f) (f) The facility requesting the waiver shall notify the State long term care ombudsman of the request for waiver. The ombudsman may comment to the department identifying any concerns about whether the facility may serve as a training site.

DHS 129.04 History History: CR 08-042: cr. register November 2008 No. 635, eff. 12-1-08.

subch. II of ch. DHS 129 Subchapter II — Nurse Aide Training and Testing

DHS 129.05 DHS 129.05 Nurse aide training program approval process.

DHS 129.05(1) (1) Application.

DHS 129.05(1)(a) (a) An applicant for nurse aide training program approval shall apply for approval of their program on a form provided by the department.

DHS 129.05 Note Note: To obtain a copy of the application, email the Division of Quality Assurance at: [e-mail].

DHS 129.05(1)(b) (b) The program shall provide any additional information requested by the department during the department’s review of the application.

DHS 129.05(1)(c) (c) The program shall designate an individual who is responsible for the operation and compliance of the program with all applicable provisions of this chapter. The program shall note the designee on the application for approval.

DHS 129.05(1)(d) (d) All aspects of the program shall be in compliance with all applicable federal, state and local laws.

DHS 129.05(2) (2) Action by the department.

DHS 129.05(2)(a) (a) Initial review of a training program.

DHS 129.05(2)(a)1. 1. Upon receiving an application for approval of a training program, the department shall review the program to determine the program’s compliance with ss. DHS 129.06 and 129.07. The department shall review the program for all of the following:

DHS 129.05(2)(a)1.a. a. Program content, length and ratio of classroom instruction to skills training.

DHS 129.05(2)(a)1.b. b. Qualifications of instructors.

DHS 129.05(2)(a)1.c. c. Clinical setting and type of clinical supervision.

DHS 129.05(2)(a)1.d. d. Provision for written evaluation of the program.

DHS 129.05(2)(a)1.e. e. Reasonable accommodations for prospective students with disabilities.

DHS 129.05(2)(a)1.f. f. Criteria for successful completion.

DHS 129.05(2)(a)1.g. g. Appropriate furnishing of physical facilities to meet classroom instruction and skills training needs.

DHS 129.05(2)(a)2. 2. Within 90 days after receiving a training program application, the department shall either issue a preliminary approval or deny the application. Preliminary approval may be granted for a period of 3 months. If the application is denied, the department shall give the program reasons, in writing, for the denial and describe the process to appeal the denial.