Nursing Services Requirements for the State of New York
Effective Date: 09/23/92
Title: Section 415.13 - Nursing services
415.13 Nursing services. The facility shall have sufficient
nursing staff to provide nursing and related services to
attain or maintain the highest practicable physical, mental,
and psychosocial well-being of each resident, as determined
by resident assessments and individual plans of care. The
facility shall assure that each resident receives
treatments, medications, diets and other health services in
accordance with individual care plans.
(a) Sufficient staff.
(1) The facility shall provide services by sufficient
numbers of each of the following types of personnel on a
24-hour basis to provide nursing care to all residents in
accordance with resident care plans:
(i) registered professional nurses or licensed practical
nurses;
(ii) certified nurse aides; and
(iii) other nursing personnel.
(2) The facility shall designate a registered professional
nurse or licensed practical nurse to serve as a charge nurse
on each tour of duty who is responsible for the supervision
of total nursing activities in the facility. Alternatively,
as necessitated by resident care needs, the facility may
designate one charge nurse for each tour of duty on each
resident care unit or on proximate nursing care units in the
facility provided that each nursing care unit in the
facility is under the supervision of a charge nurse.
(b) Registered professional nurse.
(1) The facility shall
use the services of a registered professional nurse for at
least 8 consecutive hours a day, 7 days a week.
(2) The facility shall designate a registered professional
nurse to serve as the director of nursing on a full time
basis.
(3) The director of nursing may serve as a charge nurse only
when the facility has an average daily occupancy of 60 or
fewer residents.
(c) Nurse aide.
(1) For the purpose of this section and subdivision (d) of
section 415.26 of this Part, nurse aide shall mean any
person who provides direct personal resident care and
services including, but not limited to, safety, comfort,
personal hygiene or resident protection services, for
compensation, under the supervision of a registered
professional nurse or licensed practical nurse in the
facility. Certification of such nurse aide shall be in
accordance with the provisions of subdivision (d) of section
415.26 of this Part.
(2) Only individuals who meet the following qualifications
may be assigned to perform nurse aide functions, as defined
in paragraph (1) of this subdivision:
(i) a person who, as verified by the facility, is listed in
the New York State RHCF Nurse Aide Registry developed and
maintained as set forth in Section 2803-j of the Public
Health Law and as described in Section 415.31 of this Part;
(ii) a graduate of a nursing program approved by the New
York State Commissioner of Education or by the licensing
authority in another state, territory or possession of the
United States as preparation for practice as a licensed
nurse who has taken and passed the New York State competency
examination.
(iii) a nurse aide trainee who has successfully completed a
State approved RHCF nurse aide training program as described
in subdivision (d) of section 415.26 of this Part or a
program designed for such purpose and approved by the State
Commissioner of Education and who is waiting to take the
RHCF clinical skills and written or oral nurse aide
competency examinations at the next scheduled opportunity,
such competency examination to be passed within three
consecutive attempts within 4 months of the date of the
initial RHCF nurse aide trainee employment or of the
completion of the State approved RHCF nurse aide training
program, whichever occurs first;
(iv) a nurse aide trainee who has taken the competency
examinations and is waiting for the official results of the
examination;
(v) a certified nurse aide who is currently listed in
another state's nursing home nurse aide registry, as
verified by the facility, and who has applied to the
Department to obtain State certification and has not been
denied; and
(vi) a nurse aide trainee provided the individual is
concurrently enrolled in a State approved residential health
care facility nurse aide training program which meets all
requirements set forth in this section and completes such
training program and competency examinations within one
hundred twenty (120) days of employment, in accordance with
the following:
(a) the nurse aide trainee may assume specific duties
involving direct resident care and services as training and
successful demonstration of competencies in the specific
duties/skills are completed, but not before completing at
least sixteen (16) hours of classroom instructions in the
following areas:
(1) communication and interpersonal skills;
(2) infection control;
(3) safety/emergency procedures, including the Heimlich
maneuver;
(4) promoting residents' independence;
(5) respecting residents' rights; and
(6) resident abuse, mistreatment and neglect reporting
requirements as set forth in Section 2803-d of the Public
Health Law; and
(b) the nurse aide trainee shall be under the direct
supervision of a nurse when the trainee is providing direct
resident care or services and identifiable as a nurse aide
trainee.
(vii) If the facility has reason to believe
that the individual has worked as a nurse aide in any state(s)
other than New York, the facility must request information from
the nurse aide registry of such other state(s) before permitting
the individual to serve as a nurse aide.
Volume: C |
