(a) The director, in accordance with chapters 91 and 92, shall adopt rules to implement the provisions of this chapter in accordance with 42 United States Code §§ 1395i-3 and 1396r and the federal regulations adopted pursuant thereto, that relate to:

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Terms Used In Hawaii Revised Statutes 457A-3

  • Certified nurse aide: means a nurse aide who has met the requirements for certification under § 457A-7 or 457A-8. See Hawaii Revised Statutes 457A-1.5
  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 457A-1.5
  • Nurse aide: means a person who performs a variety of duties relating to patients and patient care while working under the supervision of a nurse, including assisting patients in all activities of daily living such as serving and collecting food trays, and helping patients get out of bed, bathe, and dress. See Hawaii Revised Statutes 457A-1.5
(1) The minimum requirements necessary for certification as a nurse aide;
(2) Examination requirements, including the passing score and provisions for contesting examination results;
(3) Maintenance requirements for continued certification; and
(4) Implementation and maintenance of a nurse aide registry of certified nurse aides employed in medicare or medicaid certified nursing facilities and certified nurse aides in other state-licensed and state-certified health care settings.
(b) The director shall issue certificates to qualified nurse aides and shall be responsible for maintenance of an up-to-date nurse aide registry that shall include the names of certified nurse aides, their places of employment, and all information that is reported by the department of health and the department of human services. The director’s role, with regard to the disciplining of certified nurse aides, shall be limited to the placement into the certified nurse aide registry of all information and substantiated findings from the department of health, as required by 42 United States Code §§ 1395i-3 and 1396r, and the department of human services, within ten working days of the finding, which information shall permanently remain in the registry except if:

(1) The finding was made in error;
(2) The individual is found not guilty in court; or
(3) The State receives notification of the individual’s death.
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