§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 required to be 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 and the department of human services, as required
by 42 United States Code sections 1395i-3 and 1396r, 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]