§ 23-44-02 — Nurse aide registry - Rules

1. The department shall establish and administer a nurse aide registry. The registry must
include disciplinary findings, including findings of abuse, neglect, or misappropriation
of property, and must include the eligibility of the individual to be employed.
2. The department shall adopt rules to regulate and register an individual who receives
compensation for engaging in the provision of nursing or nursing-related services to an
individual in a health care facility or other setting. The rules do not apply to a licensed
health care professional practicing within the scope of that profession, an unlicensed
assistive person under chapter 43-12.1, or a volunteer in the course of providing
services without pay. In developing the rules, the department shall consult with the
state board of nursing and other key stakeholders.
3. The rules required under subsection 2 must include the regulation of certified nurse
aides, home health aides, medication assistants, and nurse aides. For each category
of regulated individuals, the rules must address:
a. Nurse aide registry requirements;
b. Training and competency requirements;
c. Approval of training programs;
d. Initial registration and renewal of registration of individuals who have met training
and competency requirements;
e. Reporting and investigation of complaints regarding individuals on the registry;
and
f. A disciplinary process for a validated finding of abuse, neglect, or
misappropriation of resident or client property and for other misconduct that has
the potential to be harmful to a resident or client by an individual on the nurse
aide registry.
4. The department shall collect registration fees of twenty-five dollars per individual under
this chapter from the individual or the individual's employer.

5. Registration fees collected by the department must be deposited in the department's
operating account.