The Florida Senate

400.211  Persons employed as nursing assistants; certification requirement.--

(1)  A person must be certified pursuant to this section, except a registered nurse or practical nurse licensed in accordance with the provisions of chapter 464 or an applicant for such licensure who is permitted to practice nursing in accordance with rules promulgated by the Board of Nursing pursuant to chapter 464, to serve as a nursing assistant in any nursing home. The Department of Health shall issue a certificate to any person who:

(a)  Has successfully completed a nursing assistant program in a state-approved school and has achieved a minimum score of 75 percent on the written portion of the Florida Nursing Assistant Certification Test approved by the Department of Health and administered by state-approved test site personnel;

(b)  Has achieved a minimum score of 75 percent on the written and performance portions of the Florida Nursing Assistant Certification Test approved by the Department of Health and administered by state-approved test site personnel; or

(c)  Is currently certified in another state, is on that state's registry, has no findings of abuse, and has achieved a minimum score of 75 percent on the written portion of the Florida Nursing Assistant Certification Test approved by the Department of Health and administered by state-approved test site personnel.

An oral examination shall be administered upon request.

(2)  The agency may deny, suspend, or revoke the certification of any person to serve as a nursing assistant, based upon written notification from a court of competent jurisdiction, law enforcement agency, or administrative agency of any finding of guilt of, regardless of adjudication, or a plea of nolo contendere or guilty to, any offense set forth in the level 1 screening standards of chapter 435 or any confirmed report of abuse of a vulnerable adult.

(3)  The following categories of persons who are not certified as nursing assistants under this part may be employed by a nursing facility for a period of 4 months:

(a)  Persons who are enrolled in a state-approved nursing assistant program; or

(b)  Persons who have been positively verified by a state-approved test site as certified and on the registry in another state with no findings of abuse, but who have not completed the written examination required under this section.

The certification requirement must be met within 4 months of initial employment as a nursing assistant in a licensed nursing facility.

(4)  A person certified under this section on or after September 30, 1990, who has not worked for pay as a nursing assistant in a nursing-related occupation for a period of time during a consecutive 24-month period must be recertified under this section to be eligible to work in a nursing facility.

(5)  Nursing homes shall require persons seeking employment as a certified nursing assistant to submit an employment history to the facility. The facility shall verify the employment history unless, through diligent efforts, such verification is not possible. There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, a former employer who reasonably and in good faith communicates his or her honest opinion about a former employee's job performance.

(6)  If the requirements pursuant to the Omnibus Budget Reconciliation Act of 1987, as amended, for the certification of nursing assistants are in conflict with this section, the federal requirements shall prevail for those facilities certified to provide care under Title XVIII (Medicare) or Title XIX (Medicaid) of the Social Security Act.

(7)  The Department of Health may adopt such rules as are necessary to carry out this section.

History.--ss. 2, 3, ch. 82-163; ss. 29, 79, 82, 83, ch. 83-181; s. 1, ch. 86-253; s. 8, ch. 89-294; s. 61, ch. 92-136; s. 30, ch. 93-177; ss. 28, 49, ch. 93-217; s. 49, ch. 94-218; s. 1054, ch. 95-148; s. 38, ch. 95-228; s. 127, ch. 95-418; s. 10, ch. 96-268; s. 24, ch. 98-166; s. 3, ch. 98-248.