Updated: Nurse Aide Certification Timeline Waiver of State Regulations

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, and extended by Executive Order D 2020 63, signed on May 14 2020, temporarily suspend 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 Orders 2020 38 and 63, the Division is extending the 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. Update Regarding Telehealth Supervision: In the original communication about this waiver, posted April 22, 2020, Home Health Agencies were allowed to supervise pre-certification nurse aides through telehealth methods if the agency had applied for and been granted the waiver for the use of telehealth in Home Care Agencies. On May 1, 2020 the Board of Nursing at the Department of Regulatory Agencies passed rules regarding temporary emergency nurse aide certification. The emergency rules do not allow a nurse aide with a temporary emergency certification to be supervised through telehealth methods, specifying that direct supervision must be “on the premises with the temporary emergency certified nurse aide and immediately available to respond to an emergency or provide assistance,” and “within the same building, office, or facility and within the physical proximity to establish direct contact with the patient should the need arise.” As a result, this blanket waiver no longer allows the use of telehealth methods to meet the supervision requirements found at 6 CCR 1011-1, Chapter 26, Home Care Agencies, Part 7.15(B). The Board of Nursing’s emergency rule can be found here:  Board of Nursing Emergency Rule For questions or assistance, contact Cheryl McMahon at cheryl.mcmahon@state.co.us Cheryl McMahon Branch Chief Home and Community Facilities Branch