Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

Office of the Revisor of Statutes

    Subdivision 1. Authority. The commissioner of health, in consultation with the
commissioner of human services, shall implement the provisions of Public Law 100-203, the
Omnibus Budget Reconciliation Act of 1987, that relate to training and competency evaluation
programs, testing, and the establishment of a registry for nursing assistants in nursing homes and
boarding care homes certified for participation in the medical assistance or Medicare programs.
The commissioner of health may adopt permanent rules that may be necessary to implement
Public Law 100-203 and provisions of this section. The commissioner of health may contract
with outside parties for the purpose of implementing the provisions of this section. At the request
of the commissioner, the Board of Nursing may establish training and competency evaluation
standards; review, evaluate, and approve curricula; review and approve training programs; and
establish a registry of nursing assistants.
    Subd. 2. Nursing assistants. For the purposes of this section and section 144A.611 "nursing
assistant" means a nursing home or certified boarding care home employee, including a nurse's
aide or an orderly, who is assigned by the director of nursing to provide or assist in the provision
of nursing or nursing-related services under the supervision of a registered nurse. "Nursing
assistant" includes nursing assistants employed by nursing pool companies but does not include a
licensed health professional.
    Subd. 3. Curricula. The chancellor of vocational technical education shall develop curricula
to be used for nursing assistant training programs for employees of nursing homes and boarding
care homes.
    Subd. 3a. Competency evaluation program. The commissioner of health shall approve
the competency evaluation program. A competency evaluation must be administered to persons
who desire to be listed in the nursing assistant registry. The tests may only be administered by
technical colleges, community colleges, or other organizations approved by the Department of
Health. The commissioner of health shall approve a nursing assistant for the registry without
requiring a competency evaluation if the nursing assistant is in good standing on a nursing
assistant registry in another state.
    Subd. 4. Technical assistance. The chancellor of vocational technical education shall, upon
request, provide necessary and appropriate technical assistance in the development of nursing
assistant training programs.
    Subd. 5.[Repealed, 1977 c 326 s 18]
    Subd. 6.[Repealed, 1989 c 282 art 3 s 98]
    Subd. 6a. Nursing assistants hired in 1990 and after. Each nursing assistant hired to work
in a nursing home or in a certified boarding care home on or after January 1, 1990, must have
successfully completed an approved competency evaluation prior to employment or an approved
nursing assistant training program and competency evaluation within four months from the
date of employment.
    Subd. 7. Violation, penalty. Violation of this section by a nursing home or certified boarding
care home shall be grounds for the issuance of a correction order. Under the provisions of sections
144.653 or 144A.10, the failure of the nursing home or certified boarding care home to comply
with the correction order shall result in the assessment of a fine in the amount of $300.
    Subd. 8. Exceptions. Employees of nursing homes conducted in accordance with the
teachings of the body known as the Church of Christ, Scientist, shall be exempt from the
requirements of this section and section 144A.611.
History: 1976 c 310 s 1; 1977 c 305 s 45; 1977 c 326 s 6,7; 1977 c 453 s 26; 1981 c 359 s
17; 1987 c 258 s 12; 1989 c 246 s 2; 1989 c 282 art 3 s 28; 1990 c 375 s 3; 1991 c 286 s 12-14;
1992 c 513 art 6 s 22,23; 1993 c 5 s 1; 1997 c 7 art 1 s 75; 1997 c 203 art 3 s 14; 1999 c 210 s 1,2

Official Publication of the State of Minnesota
Revisor of Statutes