LRBa1471/2
MED:wlj:jm
2013 - 2014 LEGISLATURE
ASSEMBLY AMENDMENT 2,
TO ASSEMBLY BILL 249
February 11, 2014 - Offered by Representative Bernier.
AB249-AA2,1,11 At the locations indicated, amend the bill as follows:
AB249-AA2,1,3 21. Page 1, line 3: after "aides" insert ", exempting certain individuals from the
3requirements to work as a nurse aide,".
AB249-AA2,1,4 42. Page 2, line 7: after that line insert:
AB249-AA2,1,6 5" Section 1m. 108.227 (1) (e) 3. of the statutes, as created by 2013 Wisconsin
6Act 36
, is amended to read:
AB249-AA2,1,127 108.227 (1) (e) 3. A license, certificate of approval, provisional license,
8conditional license, certification, certification card, registration, permit, training
9permit or approval specified in s. 50.35, 50.49 (6) (a) or (10), 51.038, 51.04, 51.42 (7)
10(b) 11., 51.421 (3) (a), 51.45 (8), 146.40 (3), (3g), or (3m), 252.23 (2), 252.24 (2),
11254.176, 254.20 (3), 255.08 (2) (a), 256.15 (5) (a) or (b), (6g) (a), (7), or (8) (a) or (f) or
12343.305 (6) (a) or a permit for operation of a campground specified in s. 254.47 (1).".
AB249-AA2,2,2
13. Page 2, line 19: after " (3g)" insert ", or has been issued a waiver from
2completing instruction in an instructional program under sub. (2g) (b),
".
AB249-AA2,2,10 34. Page 3, line 2: after "(3m)." insert "In order to be eligible under this
4paragraph, an individual who successfully completes instruction in an instructional
5program for nurse aides that is approved under sub. (3g) and who previously
6completed a competency evaluation program in another state must successfully
7complete a competency evaluation program that is approved under sub. (3m),
8regardless of whether the competency evaluation program that the individual
9completed in another state is the same as or substantially similar to a competency
10evaluation program that is approved under sub. (3m).
".
AB249-AA2,2,11 115. Page 3, line 2: after that line insert:
AB249-AA2,2,12 12" Section 3m. 146.40 (2) (ac) of the statutes is created to read:
AB249-AA2,2,1413 146.40 (2) (ac) The individual has been added to the registry under sub. (4g)
14as provided under sub. (2g) (a).".
AB249-AA2,2,15 156. Page 3, line 12: after that line insert:
AB249-AA2,2,16 16" Section 4e. 146.40 (2) (g) of the statutes is renumbered 146.40 (2) (g) 1.
AB249-AA2,4m 17Section 4m. 146.40 (2) (g) 2. of the statutes is created to read:
AB249-AA2,2,2418 146.40 (2) (g) 2. For hospitals, nursing homes, home health agencies, or
19hospices, whether or not certified providers of medical assistance, and intermediate
20care facilities for persons with an intellectual disability that are certified providers
21of medical assistance, the individual, if he or she has performed no nursing-related
22service for monetary compensation for 24 consecutive months after having satisfied
23the requirement under par. (ac), successfully completes a competency evaluation
24program for nurse aides that is approved by the department under sub. (3m).
AB249-AA2,4s
1Section 4s. 146.40 (2g) of the statutes is created to read:
AB249-AA2,3,102 146.40 (2g) (a) An individual who has previously been employed in another
3state as a nurse aide for 2,088 hours or more within the prior 2-year period and who
4has successfully completed a competency evaluation program in that other state that
5is the same as or substantially similar to one approved under sub. (3m) may apply
6to the department to be eligible to be employed or contracted as a nurse aide under
7sub. (2) (ac). The department shall verify that the individual was employed in that
8state as a nurse aide for 2,088 hours in the 2-year period prior to the date of
9application. If the individual is so eligible, the department shall add the individual
10to the registry under sub. (4g).
AB249-AA2,3,2111 (b) An individual who has previously been employed in another state as a nurse
12aide for 2,088 hours or more within the prior 2-year period but who has not
13successfully completed a competency evaluation program that is the same as or
14substantially similar to one approved under sub. (3m) may apply to the department
15to be eligible for a waiver from completing instruction in an instructional program
16for nurse aides under subs. (3) and (3g). The department shall verify that the
17individual was employed in that state as a nurse aide for 2,088 hours in the 2-year
18period prior the date of application. If the individual is so eligible, the department
19shall issue the individual a waiver so that the individual may complete a competency
20evaluation program under sub. (3m) without completing instruction in an
21instructional program for nurse aides under sub. (3) or (3g).".
AB249-AA2,3,22 227. Page 3, line 14: delete "may" and substitute "shall".
AB249-AA2,4,3
18. Page 3, line 21: after "sub. (3)." insert "Only an individual so described may
2complete an instructional program for nurse aides that is approved under this
3subsection.".
AB249-AA2,4,4 49. Page 4, line 3: after that line insert:
AB249-AA2,4,5 5" Section 5m. 146.40 (3m) of the statutes is amended to read:
AB249-AA2,4,186 146.40 (3m) The department shall review competency evaluation programs for
7nurse aides and, except as provided in sub. (4d), may approve those competency
8evaluation programs that satisfy standards for approval that are specified in rules
9promulgated by the department. The department may approve a competency
10evaluation program to be taken by an individual who completes an instructional
11program for nurse aides that is approved under sub. (3g) only if the competency
12evaluation program is the same as one to be taken by an individual who completes
13an instructional program for nurse aides that is approved under sub. (3).
Under this
14subsection, the department may, after providing notice, suspend or revoke approval
15of a competency evaluation program or impose a plan of correction on the program
16if the competency evaluation program fails to satisfy the standards for approval or
17operates under conditions that are other than those contained in the application
18approved by the department.".
AB249-AA2,4,19 1910. Page 4, line 9: after that line insert:
AB249-AA2,4,20 20" Section 6m. 146.40 (4g) (a) 1. of the statutes is amended to read:
AB249-AA2,4,2321 146.40 (4g) (a) 1. A listing of all individuals who are added to the registry as
22required under sub. (2g) and all individuals
about whom the department is notified
23under sub. (4).".
AB249-AA2,4,24 2411. Page 5, line 2: after that line insert:
AB249-AA2,5,1
1" Section 7m. 257.01 (7) (a) and (b) of the statutes are amended to read:
AB249-AA2,5,32 257.01 (7) (a) An individual who satisfies the requirements for a nurse aide
3under s. 146.40 (2) (a), (ac), (c), (e), (em), or (g).
AB249-AA2,5,74 (b) An individual who did at any time within the previous 10 years, but does
5not currently, satisfy the requirements for a nurse aide under s. 146.40 (2) (a), (ac),
6(c), (e), (em), or (g), if the individual's name has never been listed under s. 146.40 (4g)
7(a) 2., 2005 stats., or s. 146.40 (4g) (a) 2.".
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