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:

     SECTION 1. Section 23-17.9-5 of the General Laws in Chapter 23-17.9 entitled

"Registration of Nursing Assistants" is hereby amended to read as follows:

     23-17.9-5. Qualifying examination.

     Nursing assistants as defined in § 23-17.9-2 who are employed or have had experience as

a nursing assistant prior to the enactment of this chapter, and the effective date of the regulations

promulgated in relation to this chapter, shall pass the appropriate level of examination administered

by the department approved by the director in lieu of the training program. The examination shall

be offered and administered in both English and Spanish. Exempt from the qualifying examination

are home health aides/homemakers who have successfully passed the qualifying examination

and/or successfully completed an approved home health aide/homemaker program under the

provisions of chapter 17.7 of this title and the regulations promulgated in relation to that chapter.

Also exempt from the qualifying examination are classes of individuals, regardless of employment

setting, who are exempted from examination by federal statute or regulations and these exemptions

shall be defined according to rules and regulations promulgated by the department of health.

Successful completion of the qualifying examination and the provisions of this section shall be

deemed satisfactory for employment as a nursing assistant. Unless exempted by rules and

regulations promulgated by the department of health, each application must be submitted with a

processing fee as set forth in § 23-1-54 to be paid by the employing facility or agency if the

applicant has been continuously employed by the facility for six (6) months prior to the application

or by another responsible party as defined in rules and regulations promulgated by the department

of health consistent with federal statutory and/or regulatory requirements; but, if the applicant is

unemployed, to be submitted by the applicant. If the applicant shall be continuously employed by

the same facility for six (6) months after the application, then the fee shall be directly refunded to

the applicant by the facility or agency. If federal statutory or regulatory requirements mandate that

the certifying agency conduct an examination of manual skills proficiency as a component of the

examination process to meet minimal federal compliance, a manual skills proficiency examination

may be required by rules and regulations promulgated by the department of health for all applicants

not otherwise exempted from the examination requirements. If a manual skills proficiency

examination is required to be conducted by the certifying agency as a component of the certifying

examination, each application shall be accompanied by a fee as set forth in § 23-1-54 to be paid by

the employing facility or agency if the applicant has been continuously employed by the facility

for six (6) months prior to the application or by another responsible party as defined in rules and

regulations promulgated by the department of health consistent with federal statutory and/or

regulatory requirements; but, if the applicant is unemployed, to be submitted by the applicant. If

the applicant shall be continuously employed by the same facility for six (6) months after the

application, then the fee shall be directly refunded on a pro rata basis between months six (6) and

twelve (12) to the applicant by the facility or agency.

     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

department of health to be administered in both English and Spanish.

     This act would take effect upon passage.

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LC005311

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