§457A-3 Power of director. (a) The director, in accordance with chapters 91 and 92, shall adopt rules to implement the provisions of this chapter in accordance with 42 United States Code sections 1395i-3 and 1396r and the federal regulations adopted pursuant thereto, that relate to:

(1) The minimum requirements necessary for certification as a nurse aide;

(2) Examination requirements, including the passing score and provisions for contesting examination results;

(3) Maintenance requirements for continued certification; and

(4) Implementation and maintenance of a nurse aide registry of certified nurse aides employed in medicare or medicaid certified nursing facilities and certified nurse aides in other state-licensed and state-certified health care settings.

(b) The director shall issue certificates to qualified nurse aides and shall be responsible for maintenance of an up-to-date nurse aide registry that shall include the names of certified nurse aides, their places of employment, and all information that is reported by the department of health and the department of human services. The director's role, with regard to the disciplining of certified nurse aides, shall be limited to the placement into the certified nurse aide registry of all information and substantiated findings from the department of health, as required by 42 United States Code sections 1395i-3 and 1396r, and the department of human services, within ten working days of the finding, which information shall permanently remain in the registry except if:

(1) The finding was made in error;

(2) The individual is found not guilty in court; or

(3) The State receives notification of the individual's death. [L 1990, c 271, pt of §1; am L 1994, c 185, §3(3); am L 2007, c 226, §7; am L 2016, c 21, §4]