State Codes and Statutes
Statutes > Rhode-island > Title-23 > Chapter-23-17-9 > 23-17-9-5SECTION 23-17.9-5
§ 23-17.9-5 Qualifying examination. –Nursing assistants as defined in § 23-17.9-2 who are employed or have hadexperience as a nursing assistant prior to the enactment of this chapter, andthe effective date of the regulations promulgated in relation to this chapter,shall pass the appropriate level of examination administered by the departmentapproved by the director in lieu of the training program. Exempt from thequalifying examination are home health aides/homemakers who have successfullypassed the qualifying examination and/or successfully completed an approvedhome health aide/homemaker program under the provisions of chapter 17.7 of thistitle and the regulations promulgated in relation to that chapter. Also exemptfrom the qualifying examination are classes of individuals, regardless ofemployment setting, who are exempted from examination by federal statute orregulations and these exemptions shall be defined according to rules andregulations promulgated by the department of health. Successful completion ofthe qualifying examination and the provisions of this section shall be deemedsatisfactory for employment as a nursing assistant. Unless exempted by rulesand regulations promulgated by the department of health, each application mustbe submitted with a processing fee of forty dollars ($40.00) to be paid by theemploying facility or agency if the applicant has been continuously employed bythe facility for six (6) months prior to the application or by anotherresponsible party as defined in rules and regulations promulgated by thedepartment of health consistent with federal statutory and/or regulatoryrequirements; but, if the applicant is unemployed, to be submitted by theapplicant. If the applicant shall be continuously employed by the same facilityfor six (6) months after the application, then the fee shall be directlyrefunded to the applicant by the facility or agency. If federal statutory orregulatory requirements mandate that the certifying agency conduct anexamination of manual skills proficiency as a component of the examinationprocess to meet minimal federal compliance, a manual skills proficiencyexamination may be required by rules and regulations promulgated by thedepartment of health for all applicants not otherwise exempted from theexamination requirements. If a manual skills proficiency examination isrequired to be conducted by the certifying agency as a component of thecertifying examination, each application shall be accompanied by a fee not toexceed one hundred and thirty dollars ($130) to be paid by the employingfacility or agency if the applicant has been continuously employed by thefacility for six (6) months prior to the application or by another responsibleparty as defined in rules and regulations promulgated by the department ofhealth consistent with federal statutory and/or regulatory requirements; but,if the applicant is unemployed, to be submitted by the applicant. If theapplicant shall be continuously employed by the same facility for six (6)months after the application, then the fee shall be directly refunded on a prorata basis between months six (6) and twelve (12) to the applicant by thefacility or agency.
