To: Class A and Class B Home Care Agencies
From: Cheryl McMahon
Executive Order D 2020 38, signed by Governor Polis on April 15, 2020, temporarily suspends Section 12-260-120(1)(d), C.R.S., which limits the employment of a nurse aide student to four (4) months unless certified. This 4-month limitation is also included in 6 CCR 1011-1, Chapter 26, Home Care Agencies, at 7.15(B):
- (B) The agency shall ensure that each nurse aide it employs is certified by the Colorado Department of Regulatory Agencies within four (4) months of starting employment and that certification remains current. Each aide that provides care and services before certification shall be supervised in the home by direct observation at least weekly for the first month of employment and every two (2) weeks thereafter until certification is obtained.
For consistency with Executive Order 2020 38, the Division is issuing a waiver of the time limit in 6 CCR 1011-1, Chapter 26, Home Care Agencies, 7.15(B), for all agencies, with no application necessary. This waiver applies only to the four-month time limit in 7.15(B). Agencies employing pre-certification nurse aides are still required to meet the supervision requirements in 7.15(B), and must continue to meet the agency-administered competency assessments as required by 7.15(C) for all nurse aides. This waiver will end upon the expiration of the Executive Order, including any extensions issued.
- Home care agencies that have a CDPHE-approved waiver allowing the use of telehealth may meet the supervisory requirements in 7.15(B) using telehealth/video methods. Home care agencies without an approved telehealth waiver must apply and be approved for the use of telehealth prior to using it to meet the supervision requirements in 7.15(B). The CDPHE telehealth waiver application is available at: https://www.surveymonkey.com/r/2D3Y6X5
Cheryl McMahon
Branch Chief
Home and Community Facilities Branch
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