N.J. Admin. Code § 8:36-9.2
Current through Register Vol. 56, No. 21, November 4, 2024
Section 8:36-9.2 - Certified medication aides(a) Certified medication aides shall meet the following requirements: 1. Certification as a nurse aide, homemaker-home health aide, or personal care assistant;2. Successful completion of the medication administration training course approved by the Department ; and3. Successful completion of a Department approved standardized examination regarding medication administration for personal care assistants.i. An oral examination shall not substitute for the written component of this examination.(b) Medication aide certification shall be valid for a period of two years from the date of issue.(c) An applicant for medication aide certification shall sit for the standardized examination within six months of successful completion of an approved medication administration training course. (d) At least once every two years, on a schedule to be determined by the Department, a medication aide shall file an application for renewal of current certification. 1. In order to be eligible to renew a current certification, the medication aide shall have completed at least 10 hours of continuing education, seminars, or in-service training every two-year certification period. i. The continuing education requirement shall include five hours for review of the fundamental principles of medication administration and the skills and knowledge necessary for the task of medication administration and five hours of continuing education and in-service training on topics of current drug use relevant to the elderly.ii. The continuing education requirement shall be in addition to the continuing education requirement in 8:36-9.1(e).2. The facility shall maintain records sufficient to verify the continuing education record of present and previous employees for at least one medication aide certificate renewal period.(e) An individual whose name has been removed from the New Jersey medication aide registry for a period of more than one year shall be required to retrain and retest in accordance with the rules for medication aide certification in effect at the time of retraining and retesting in order to be reentered on said registry.(f) Registry confirmation of a medication aide certification shall not be sufficient to satisfy the requirement for reference checks identified at N.J.A.C. 8:43I.(g) A certificate issued to a medication aide in accordance with this section shall be suspended, denied, or revoked in the following cases:1. Substantiated findings of resident abuse or neglect or misappropriation of resident property;2. Revocation of any certification as a nurse aide, homemaker-home health aide, or personal care assistant as a result of the criminal history background checks required by N.J.A.C. 8:43I;3. Sale, purchase, or alteration of a certificate; use of fraudulent means to secure the certificate, including filing false information on the application; or forgery, imposture, dishonesty, or cheating on an examination; or4. Documented and verified incompetence and/or negligence in the performance of duties which fall within the scope of practice of the certified medication aide as delegated by the registered professional nurse.(h) If the Department proposes to suspend, deny or revoke the certification of a certified medication aide in an assisted living residence, comprehensive personal care home, or assisted living program, the aggrieved person may request a hearing which shall be conducted pursuant to the Administrative Procedure Act, 52:14B-1 et seq. and 52:14F-1 et seq., and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1. (i) Upon receipt of a finding that a certified medication aide has abused, neglected, or misappropriated the property of a resident, or was negligent or incompetent in the performance of the individual's duties, resulting from an investigation by the State Long-Term Care Ombudsman , the Department, or other State or local governmental agency, including criminal justice authorities, the Department shall determine whether the finding is valid and is to be entered onto the certified medication aide abuse registry, at which time a disciplinary hearing process shall be initiated.(j) Prior to entering the finding on the certified medication aide abuse registry, the Department shall provide a notice to the certified medication aide, identifying the intended action, the factual basis and source of the finding, and the individual's right to a hearing. 1. The notice at (j) above shall be transmitted to the individual so as to provide at least 30 days for the individual to request a hearing prior to abuse registry placement. If a hearing is requested, it shall be conducted by the Office of Administrative Law or by a Departmental hearing officer in accordance with the hearing procedures established by the Administrative Procedure Act, N.J.S.A. 52:14B-1et seq. , and 52:14F-1 et seq. , and the Uniform Administrative Procedure Rules, N.J.A.C. 1:1.2. No further right to an administrative hearing shall be offered to individuals who have been afforded a hearing before a State or local administrative agency or other neutral party, or in a court of law, at which time the certified medication aide received adequate notice and an opportunity to testify and to confront witnesses, and where there was an impartial hearing officer who issued a written decision verifying the findings of abuse, neglect, or misappropriation of resident property or negligence or incompetence in the performance if the individual's duties. The individual shall have the right to enter a statement to be included in the abuse registry contesting such findings.(k) An order of suspension, denial, or revocation may contain such provisions regarding reinstatement of the certification as the Department shall recommend. In the absence of any such provisions regarding reinstatement in the order of a denial, suspension, or revocation, the action shall be deemed to be permanent. N.J. Admin. Code § 8:36-9.2
Modified by Executive Order No. 103(2020), effective 4/15/2020.
See: 52 N.J.R. 1151(a).
Modified by Executive Order No. 103(2020), effective 1/12/2021.
See: 53 N.J.R. 195(a).
Notice of readoption with technical change, effective 1/3/2022.
See: 54 N.J.R. 54(a).
Section was "Certified Medication Aides".