Arkansas Administrative Code

20 CAR § 402-311. Appeals. (a) Disciplinary actions by the Division of Provider Services and Quality Assurance which result in suspension or revocation of an administrator’s license may be appealed for hearing before the Department of Human Services. (b) Rules for appeals before …

20 CAR § 402-312. Penalties. (a) It shall be unlawful for any person to act or serve in the capacity of a nursing home administrator in this state unless such person has been licensed to do so. (b) Any person who violates this requirement shall be guilty of a Class A misdemeanor …

20 CAR § 403-101. Purpose. (a) The purpose of this part is to develop and approve training and competency evaluation programs for individuals who provide nursing or nursing-related services to residents in long-term care facilities and who are not licensed health professionals or…

20 CAR § 403-102. Definitions. The following words and terms, when used in this part, shall have the following meaning, unless the context clearly indicates otherwise: (1) “Abuse” means the willful, knowing, or reckless act of mistreatment of a resident through words or physical …

20 CAR § 403-201. General rule. A facility must not use any individual working in the facility as a nursing assistant for more than four (4) months (meaning one hundred twenty (120) calendar days) unless that individual has successfully completed a training program and competency…

20 CAR § 403-202. Training. (a) Nursing assistant training programs must include materials that provide a basic level of both knowledge and demonstrable skills for each individual completing the program. (b)(1) Each course must be prepared and administered in accordance with the …

20 CAR § 403-203. Implementation requirements. (a)(1) Pursuant to 42 C.F.R. § 483.152, a nurse aide training and competency examination program must include, at a minimum, a combination of classroom (in-person or virtual) and clinical instruction. (2) The requirement for state ce…

20 CAR § 403-204. Nursing assistant trainee activities. (a)(1) Each trainee shall wear identification during all skills training portions that identifies them as a trainee. (2) Identification must be visible to: (A) Residents; (B) Family members; (C) Visitors; and (D) Staff. (b)(…

20 CAR § 403-205. In-person facilities and resources. (a) The nursing assistant training program shall require the provision of physical facilities as follows: (1) Temperatures conducive to the weather; (2) Clean and safe conditions; (3) Adequate lighting; (4) Space to accommodat…

20 CAR § 403-206. Virtual training. See 20 CAR § 403-801.

20 CAR § 403-207. Orientation program. (a) All nursing assistants must receive an orientation program that includes, but is not limited to, an explanation of: (1) The organizational structure of the facility; (2) Policies and procedures, including but not limited to disaster plan…

20 CAR § 403-208. Ongoing in-service training. (a)(1) All facilities will continue to provide ongoing in-service training on a routine basis both in groups and as necessary in specific situations on a one-to-one basis. (2) Each nursing assistant must receive one (1) hour of in-se…

20 CAR § 403-209. Nonpermanent employees. Nursing assistants who are employed or leased through a temporary hiring service must have completed an approved training program and passed the state competency evaluation test prior to employment and utilization by a facility.

20 CAR § 403-301. Location. (a)(1) Nursing assistant training programs may be offered by or in nursing facilities, as well as outside facilities. (2) The clinical portion of the training must be conducted in all cases and must utilize a nursing facility and its residents. (3)(A) …

20 CAR § 403-302. Restrictions. (a)(1) The Department of Human Services shall not approve a program offered by or in a nursing facility which, in the previous two (2) years, has done the following: (A) Operated under a waiver of the nurse staffing requirements in excess of forty-…

20 CAR § 403-303. Application. (a)(1) Each facility or entity that desires to offer a program shall file an Application for Program Approval form prescribed by the Department of Human Services (Form DMS-724). (2) Application forms are available on the Department of Human Services…

20 CAR § 403-304. Changes in programs. (a) Prior to major changes in the course, an application must be resubmitted for approval. (b) Major changes include, but are not limited to: (1) Change in training provider; (2) Change in delivery site, such as from classroom to virtual; (3…

20 CAR § 403-305. Withdrawal of approval. (a)(1) Provisions for monitoring and review of compliance with program requirements are specified in this section. (2) The Department of Human Services shall withdraw approval of a training program when: (A) The program has one (1) or mor…

20 CAR § 403-401. Primary instructor. (a) The primary instructor shall: (1) Be a registered nurse currently licensed in Arkansas or licensed under a compact license, or holding a multistate privilege to practice if the registered nurse moves from a state that has joined the Inter…

20 CAR § 403-402. Primary instructor responsibilities. (a)(1) There must be only one (1) primary instructor (PI). (2) A PI may oversee a maximum of four (4) sites. (3) All questions and correspondence pertaining to the site will be directed to the PI. (4) The PI shall participate…

20 CAR § 403-403. Additional instructor or guest speaker. (a)(1) Instructors may use other qualified resource personnel from the health field as guest instructors or speakers in the program to meet the objectives for a specific unit. (2) Examples include but are not limited to: (…

20 CAR § 403-501. Transition. The initial implementation of these training and examination requirements has covered three (3) basic phases: (1)(A) Deemed equivalence waivers. (B) A nursing assistant shall be deemed to have satisfied the requirement of completing a training and co…

20 CAR § 403-502. Examination. (a)(1) The Department of Human Services or its appointed agency shall be responsible for administering the competency examination. (2) The examination shall be based upon the training curriculum requirements specified in the Arkansas Long-Term Care …

20 CAR § 403-503. Examination fees, dates, and locations. (a)(1) The Department of Human Services does not require an initial fee for this occupational license, however, there is a fee to take the state examination. (2) The amount of the examination fee will be announced in a tim…

20 CAR § 403-504. Candidate qualifications. (a)(1) The following is a list of qualifications for the state competency exam: (A) Nursing assistants who were trained in approved nonfacility programs, for example, career colleges, vocational or technical schools, or proprietary scho…

20 CAR § 403-505. Certified nursing assistant licensure of uniformed service members, veterans, and spouses. (a) Pursuant to Arkansas Code § 17-4-101 et seq., the following rules apply to licensure for uniformed service members, uniformed service veterans, and their spouses for l…

20 CAR § 403-506. Automatic occupational licensure of out-of-state individuals. (a) Pursuant to the Automatic Occupational Licensure for Out-of-State Licensure Act, Arkansas Code § 17-7-101 et seq., a nursing assistant from another state may qualify as a nursing assistant in Arka…

20 CAR § 403-601. Function and content. (a)(1) The Department of Human Services shall establish and maintain a registry of all individuals who have satisfactorily completed the training and competency examination program requirements. (2) The Certified Nursing Assistant/Employmen…

20 CAR § 403-602. Inquiry process. (a)(1) A facility must inquire of the Certified Nursing Assistant/Employment Clearance Registry as to information in the registry concerning any individual to be used as a nursing assistant. (2) A facility may not use an individual as a nursing …

20 CAR § 403-603. Certification renewal. (a)(1) The initial certification period is valid for twenty-four (24) months. (2) Each certificate contains an expiration date. (3) The Department of Human Services will develop a plan and procedure to renew each nursing assistant certific…

20 CAR § 403-604. Petition to remove neglect findings. (a) Pursuant to federal law 42 U.S.C. § 1395i-3(g)(1)(D), in the case of a finding of neglect under 20 CAR § 403-601, the Department of Human Services shall establish a procedure that permits a certified nursing assistant to …

20 CAR § 403-701. Monitoring. (a)(1) A program is subject to inspection at any reasonable time by personnel that are authorized by the Department of Human Services. (2) After initial approval of a training program, the department has the right to do an onsite or virtual visit rev…

20 CAR § 403-702. Items subject to monitoring. (a) Maintenance of secure records. (1) Each training program shall provide for secure maintenance of records. (2) Records to be maintained and protected shall include, at a minimum, the following: (A) Names of enrollees; (B) Names of…

20 CAR § 403-801. Virtual instruction only applies to lecture portion of training. (a) All content taught to students remains the same whether the program offers in-person or virtual instruction. (b)(1) If the program chooses to offer virtual instruction, the expectation of deliv…

20 CAR § 403-901. General provisions. (a)(1) This section sets forth policy for direct reimbursement for allowable nursing assistant training costs incurred by Medicaid-certified nursing facilities. (2) Allowable training costs will be separately tracked, documented, and submitte…

20 CAR § 403-902. Allowable costs. The following costs are allowable for nursing assistant training: (1) Nursing assistant transportation expenses. The dollar amount of transportation expenses paid directly to or reimbursed for the nursing assistant to attend training or to trave…

20 CAR § 403-903. Claims submission. (a)(1) Claims for reimbursement of expenses incurred for nursing assistant training costs shall be submitted to the Department of Human Services monthly on Form DMS-755. (2) Claims for the expense month can be submitted no earlier than the fir…

20 CAR § 403-904. Maximum cost limit. (a) In an effort to establish proper and efficient administration of training costs reimbursements, a reasonable maximum cost limit shall be imposed. (b)(1) Based on analysis of nursing assistant training costs, four hundred eighty dollars ($…

20 CAR § 403-905. Cost reporting and record retention. (a) Nursing assistant training costs directly reimbursed by the Department of Human Services shall be included in the nursing facility's annual Financial and Statistical Cost Report and shall be reported as revenue offsets to…

20 CAR § 403-906. Nursing assistant training cost reimbursement claim form. (a) The Nursing Assistant Training Cost Reimbursement Claim Form (DMS-755) is specific to each facility. (b) To obtain a Form DMS-755, email natpcertification@dhs.arkansas.gov or visit: Department of Huma…

20 CAR § 404-101. Definitions. As used in this part, the following definitions shall apply unless the policy clearly states otherwise: (1) “Bureau” means the Identification Bureau of the Division of Arkansas State Police; (2) “Care” means the treatment, services, assistance, educ…

20 CAR § 404-202. Conducting criminal history records checks. Criminal record checks shall be conducted periodically as follows: (1)(A) The requirement for a criminal record check for an operator shall apply to the first application signed by an operator and shall be required to …

20 CAR § 404-203. Nursing assistant trainees. (a) Nursing assistant trainees shall be subject to a criminal record check under the following provisions: (1)(A) Prior to a nursing home placing a person in a facility-based nursing assistant training program or sponsoring a person i…

20 CAR § 404-204. Temporary employees. (a) When a long-term care facility determines the need to utilize temporary employees as provided by a private placement agency, contract staffing agency, or contract for care provided by an outside vendor, it shall be the responsibility of …

20 CAR § 404-205. State and national checks. (a)(1) Criminal record checks as required in this part shall include both a state and national record check. (2) A "state only" criminal record check is allowed if the facility can verify the applicant has lived continuously in the Sta…

20 CAR § 404-206. Right to obtain copy of check. (a) If requested, each employee who has had a criminal record check conducted pursuant to this part has a right to obtain a copy, from the initiating entity, of the report issued by the Identification Bureau of the Division of Arka…

20 CAR § 404-207. Completeness or accuracy of check. (a) A person may challenge the completeness or accuracy of criminal history information issued by the Identification Bureau of the Division of Arkansas State Police in accordance with Arkansas Code § 12-12-1013. (b) The Office …