Brief Description: The Board of Nursing proposes to make permanent regulation changes made by emergency regulation regarding program instructors, training, and certification requirements for certified nurse aides, and delegation of the administration of medication.
On February 23, 2021, the Board of Nursing (Board) adopted, as an emergency regulation, changes in 12 AAC 44 of the Alaska Administrative Code dealing with program instructors, training, and certification requirements for certified nurse aides (CNA), and delegation of the administration of medication, including the following:
- 12 AAC 44.840. Program instructors, is proposed to amend the requirements for CNA program instructors, and to align the regulations with the federal requirements.
- 12 AAC 44.850. Nurse aide competency evaluation, is proposed to amend the CNA competency evaluation requirements by allowing the competency evaluation exam to be conducted at the facility in which the CNA will be employed provided that all requirements are met; and add individuals who successfully completed the competency evaluation exam to the nurse aide registry.
- 12 AAC 44.860. Discontinuation of a training program, is proposed to allow CNA students who have started a training and competency evaluation program to complete the course and receive any credits earned.
- 12 AAC 44.862. Withdrawal of approval, is proposed to allow CNA students who have started a training and competency evaluation program to complete the course and receive any credits earned.
- 12 AAC 44.965. Delegation of the administration of medication, is proposed to add long-term care facilities that are licensed and certified by the Health Facilities Licensing and Certification to the list of administration of medication that may be delegated to; and add that a training course in administration of medication approved by the board be reviewed by the board every two years.
The emergency regulation took effect on February 26, 2021, and will expire June 25, 2021 unless made permanent by the Board. The Board intends to make the emergency regulation permanent.
You may comment on the regulation changes, including the potential costs to private persons of complying with the changes, by submitting written comments to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806. Additionally, the Board will accept comments by facsimile at (907) 465-2974 and by electronic mail at RegulationsAndPublicComment@alaska.gov. Comments may also be submitted through the Alaska Online Public Notice System by accessing this notice on the system at http://notice.alaska.gov/201611, and using the comment link. The comments must be received not later than 4:30 p.m. on April 5, 2021. Comments received after this deadline will not be considered by the Board.
You may submit written questions relevant to the proposed action to Jun Maiquis, Regulations Specialist, Division of Corporations, Business and Professional Licensing, P.O. Box 110806, Juneau, AK 99811-0806 or by e-mail at RegulationsAndPublicComment@alaska.gov. The questions must be received at least 10 days before the end of the public comment period. The Board will aggregate its response to substantially similar questions and make the questions and responses available on the Alaska Online Public Notice System and on the Board’s website at https://www.commerce.alaska.gov/web/cbpl/ProfessionalLicensing/BoardofNursing.aspx. The Board may, but is not required to, answer written questions received after the 10-day cut-off date and before the end of the comment period.
If you are a person with a disability who needs a special accommodation in order to participate in this process, please contact Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov not later than March 30, 2021 to ensure that any necessary accommodation can be provided.
A copy of the emergency regulation is available on the Alaska Online Public Notice System and by contacting Jun Maiquis at (907) 465-2537 or RegulationsAndPublicComment@alaska.gov, or go to https://www.commerce.alaska.gov/web/portals/5/pub/NUA-EmergencyRegs-0221.pdf.
The language of the permanent regulations may be different from that of the original emergency regulation and may include other provisions dealing with the same subject. You should comment during the time allowed if your interests could be affected. Written comments and questions received are public records and are subject to public inspection.
Statutory Authority: AS 08.68.100; AS 08.68.331; AS 08.68.805; AS 08.68.850
Statutes Being Implemented, Interpreted, or Made Specific: AS 08.68.100; AS 08.68.331; AS 08.68.805; AS 08.68.850
Fiscal Information: The regulations are not expected to require an increased appropriation.
DATE: 3/1/2021
Jun Maiquis, Regulations Specialist
Division of Corporations, Business and Professional Licensing
For each occupation regulated under the Division of Corporations, Business and Professional Licensing, the Division keeps a list of individuals or organizations who are interested in the regulations of that occupation. The Division automatically sends a Notice of Proposed Regulations to the parties on the appropriate list each time there is a proposed change in an occupation's regulations in Title 12 of the Alaska Administrative Code. If you would like your address added to or removed from such a list, send your request to the Division at the address above, giving your name, either your e-mail address or mailing address (as you prefer for receiving notices), and the occupational area in which you are interested.
ADDITIONAL REGULATION NOTICE INFORMATION
(AS 44.62.190(d))
1. Adopting agency: Board of Nursing – Department of Commerce, Community, and Economic Development, Division of Corporations, Business and Professional Licensing.
2. General subject of regulation: Program instructors, nurse aide competency evaluation, discontinuation of a training program, withdrawal of approval, and delegation of the administration of medication.
3. Citation of regulation: 12 AAC 44.840, 12 AAC 44.850, 12 AAC 44.860, 12 AAC 44.862, and 12 AAC 44.965.
4. Department of Law file number: 2021200063.
5. Reason for the proposed action: Emergency regulation; compliance with federal and state statutes.
6. Appropriation/Allocation: Corporations, Business and Professional Licensing – #2360.
7. Estimated annual cost to comply with the proposed action to:
A private person: None known.
Another state agency: None known.
A municipality: None known.
8. Cost of implementation to the state agency and available funding (in thousands of dollars): No costs are expected in FY 2021 or in subsequent years.
9. The name of the contact person for the regulation:
Joan Green, Nurse Consultant
Alaska Board of Nursing
Division of Corporations, Business and Professional Licensing
Department of Commerce, Community, and Economic Development
Telephone: (907) 269-8098
E-mail: joan.green@alaska.gov
10. The origin of the emergency regulation action: Board of Nursing.
11. Date: 3/1/2021
Prepared by: Jun Maiquis
Regulations Specialist