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Nurse Aide Education Program Waiver Update

On August 10, the Board of Nursing has issued an additional waiver for the Nurse Aide Education Program.

18VAC90-26-20. Establishing and Maintaining a Nurse Aide Education Program. 

  1. Demonstrate evidence of compliance with the following essential elements:
  1. Skills training experience in a nursing facility that has not been subject to penalty or penalties as provided in 42 CFR 483.151(b)(2) (Medicare and Medicaid Programs: Nurse Aide Training and Competency Evaluation and Paid Feeding Assistants, revised October 1, 2013 edition) in the past two years. The foregoing shall not apply to a nursing facility that has received a waiver from the state survey agency in accordance with federal law.

Purpose of the August 10, 2020 Waiver

The waiver provides a suspension for current and incoming nurse aide students effective August 10, 2020 through December 31, 2020.

The suspension of this regulation enables programs to complete the 40-hour direct client care training of enrolled students in alternate clinical sites to include licensed hospitals, hospice facilities, assisted living facilities, rehabilitation centers, and dementia care units. Regulations do not provide for completion of the 40 hours in the laboratory setting. 

Please note: If this training occurs in a nursing facility, the facility shall not be subject to a penalty or penalties as provided in 42 CFR 483.151(b)(2). Acceptable alternate sites would include licensed hospitals, hospice facilities, assisted living facilities, rehabilitation centers, and dementia care units.

Reminder of the March 19, 2020 Waivers

The waivers issued March 19, 2020 of 18VAC90-26-30(C & D) remain in effect. These waived the requirement that other instructional personnel who assist the primary instructor in providing classroom instruction be limited to registered nurses or licensed practical nurses and the requirement that all instructional personnel must demonstrate competence to teach adults.