Compliance with this rule by an
approved program is established by:
(A)
Maintaining a
written agreement with at least one long-term care facility that provides for
access by the program to the facility and its residents for the clinical
experience portion of the program. A facility-based program is not required to
have a contract with the long-term care facility that operates the program but
is to provide assurance of compliance with the other requirements of this
paragraph. The long-term care facility or facilities used by the program is
to:
(1)
Be
located in Ohio;
(2)
Have residents who have a variety of care needs and
conditions of the type for which nurse aides will be caring. The number of
residents and variety of care needs and conditions are to be sufficient to
accommodate the trainees in meeting the learning objectives established for the
clinical experience portion of the TCEP without causing undue burden to the
residents or the facility;
(3)
Meet the
requirements of rule
3701-18-10 of the Administrative
Code; and
(4)
Not have had occur any of the events set forth in
paragraph (C) of rule
3701-18-06 of the Administrative
Code occur.
(B)
Ensuring that each trainee is identified clearly as a
trainee during all of the clinical experience portion of the program and during
any other direct contact with residents or patients that occurs while enrolled
in the program through the use of, at minimum, wearing an easily identifiable
name tag that is legible and that states that the individual is a
trainee.
(C)
Requiring that any absence be made up within sixty
calendar days. Absences from the sixteen hours of classroom instruction
required by paragraph (A)(4) of rule
3701-18-12 of the Administrative
Code are to be made up before the trainee provides any nursing and nursing
related services involving direct contact with residents or patients. This
training may be done by a different approved TCEP other than the original
training source, however, a primary instructor of a TCEP are to document that
arrangements were made for coverage of missed material and that the missed
material was made up satisfactorily. Material missed from the sixteen hours of
TCEP instruction required by paragraph (A)(4) of rule
3701-18-12 of the Administrative
Code are to be made up hour-for-hour;
(D)
Not allowing any
trainee to cheat or behave in a manner that is disruptive to the operation of
the program.
(E)
Establishing and implementing a method by which the
trainee may evaluate the program.
(F)
Providing
trainees with registration forms for the state-administered test as required by
paragraph (A) of rule
3701-18-24 of the Administrative
Code and assisting trainees in completing the registration forms, unless the
trainee does not choose to register for the state-administered
test.
(G)
Before accepting money from individuals seeking to
enroll in the program, informing the prospective enrollee of the circumstances
under which money paid by the prospective enrollee will be refunded. No TCEP
may charge an individual, who is employed by or who has received an offer of
employment from a long-term care facility on the date in which the individual
begins the TCEP, for participating in the program including any charge for
textbooks, other required course materials, or a test.
(H)
If the TCEP
desires to conduct clinical experiences in a laboratory setting in addition to,
or instead of a nursing home as required by paragraph (B) of this rule,
submitting a completed variance request to the director. A completed variance
request includes:
(1)
The location of the laboratory in which clinical
experiences will take place; and
(2)
A description of
the laboratory and equipment therein.
The director may grant a variance under
this paragraph after considering the TCEP's variance request and historical
passage rate the TCEP's trainees on the state competency exam. An approved
variance is valid for five years, at which time all variances will be reviewed,
and a determination made whether to make them permanent. If a variance request
is denied, the director sends, within thirty days of denial, the reason for
denial to the requesting TCEP. The director may revoke a variance at any time
if the director determines the health and safety of nursing home residents is
in jeopardy, or the TCEP's trainee passage rate falls below the state average
pass rate.
Replaces: 3701-18-08
Notes
Ohio Admin. Code
3701-18-08
Effective:
11/24/2022
Five Year Review (FYR) Dates:
11/14/2027
Promulgated
Under: 119.03
Statutory
Authority: 3721.28,
3721.29,
3721.30,
3721.31
Rule
Amplifies: 3721.30,
3721.31
Prior
Effective Dates: 08/31/1989 (Emer.), 12/01/1989 (Emer.), 04/20/1990 (Emer.),
07/16/1990, 09/05/1993, 02/10/2002, 07/29/2022
(Emer.)
