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H7938
2026 -- H 7938
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LC005311
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO HEALTH AND SAFETY -- REGISTRATION OF NURSING ASSISTANTS --
QUALIFYING LANGUAGE
Introduced By:
Representatives Biah, Hull, Sanchez, Morales, Diaz, Cruz, Batista,
Baginski, Alzate, and DeSimone
Date Introduced:
February 27, 2026
Referred To:
House Health & Human Services
It is enacted by the General Assembly as follows:
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SECTION 1. Section 23-17.9-5 of the General Laws in Chapter 23-17.9 entitled
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"Registration of Nursing Assistants" is hereby amended to read as follows:
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23-17.9-5. Qualifying examination.
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Nursing assistants as defined in § 23-17.9-2 who are employed or have had experience as
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a nursing assistant prior to the enactment of this chapter, and the effective date of the regulations
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promulgated in relation to this chapter, shall pass the appropriate level of examination administered
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by the department approved by the director in lieu of the training program.
The examination shall
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be offered and administered in both English and Spanish.
Exempt from the qualifying examination
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are home health aides/homemakers who have successfully passed the qualifying examination
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and/or successfully completed an approved home health aide/homemaker program under the
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provisions of chapter 17.7 of this title and the regulations promulgated in relation to that chapter.
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Also exempt from the qualifying examination are classes of individuals, regardless of employment
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setting, who are exempted from examination by federal statute or regulations and these exemptions
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shall be defined according to rules and regulations promulgated by the department of health.
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Successful completion of the qualifying examination and the provisions of this section shall be
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deemed satisfactory for employment as a nursing assistant. Unless exempted by rules and
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regulations promulgated by the department of health, each application must be submitted with a
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processing fee as set forth in § 23-1-54 to be paid by the employing facility or agency if the
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applicant has been continuously employed by the facility for six (6) months prior to the application
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or by another responsible party as defined in rules and regulations promulgated by the department
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of health consistent with federal statutory and/or regulatory requirements; but, if the applicant is
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unemployed, to be submitted by the applicant. If the applicant shall be continuously employed by
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the same facility for six (6) months after the application, then the fee shall be directly refunded to
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the applicant by the facility or agency. If federal statutory or regulatory requirements mandate that
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the certifying agency conduct an examination of manual skills proficiency as a component of the
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examination process to meet minimal federal compliance, a manual skills proficiency examination
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may be required by rules and regulations promulgated by the department of health for all applicants
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not otherwise exempted from the examination requirements. If a manual skills proficiency
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examination is required to be conducted by the certifying agency as a component of the certifying
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examination, each application shall be accompanied by a fee as set forth in § 23-1-54 to be paid by
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the employing facility or agency if the applicant has been continuously employed by the facility
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for six (6) months prior to the application or by another responsible party as defined in rules and
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regulations promulgated by the department of health consistent with federal statutory and/or
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regulatory requirements; but, if the applicant is unemployed, to be submitted by the applicant. If
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the applicant shall be continuously employed by the same facility for six (6) months after the
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application, then the fee shall be directly refunded on a pro rata basis between months six (6) and
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twelve (12) to the applicant by the facility or agency.
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SECTION 2. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO HEALTH AND SAFETY -- REGISTRATION OF NURSING ASSISTANTS --
QUALIFYING LANGUAGE
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This act would require the examination for licensing of certified nursing assistants by the
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department of health to be administered in both English and Spanish.
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This act would take effect upon passage.
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