N.C. Department of Health and Human Services
Division of Health Service Regulation
Health Care Personnel Education and Credentialing Section
Effective July 1, 2022, G.S. § 131E-255, was amended by House Bill 103 (Session Law 2022-74).
A nursing facility may employ or contract with health care personnel who are not listed on the Nurse Aide Registry to perform the duties of a Nurse Aide for up to four months, consistent with federal regulation 42 CFR § 483.35(d). As used in this subsection, "health care personnel" means unlicensed staff that have direct access to residents, clients, or their property. Direct access includes any unlicensed staff that, during the course of employment, have the opportunity for direct contact with an individual or an individual's property when that individual is a resident, client, or person to whom the nursing facility provides services.
Requirements:
An individual who is not listed on the North Carolina Nurse Aide I Registry at the end of the four months, may no longer work in the capacity of a Nurse Aide at any nursing home.
During the four-month period, the individual must:
A nursing home may not:
Each Nursing Home is responsible for checking the prior work history of an individual that performs Nurse Aide duties. When calculating the four-month limit, the facility must include all previous Nurse Aide employment in any nursing home. Time spent completing clinical requirements as part of a NAT program does not count toward the four-month employment limit.
Important:
The four-month period is cumulative. An individual cannot move from one nursing home to another and receive a new four-month period with each new employer. Previous Nurse Aide employment at any nursing home counts toward the four-month limit.