Can I get another four month grace period in Ohio?

Question

I would like to know how the registry calculates the four month grace period. I was previously listed on the Ohio Nurse Aide Registry, but I have not done any nursing work.

Answer 1

Yes, you may get another four month grace period. Paragraph (D) of Ohio Administrative Code (“O.A.C.”) rule 3701-17-07.1 allows an individual who was previously listed on the registry, but who has not done nursing and nursing-related services for monetary compensation for twenty-four consecutive months, to get an additional four month grace period to successfully complete training and pass the required state test.

Paragraph (B) of O.A.C. rule 3701-17-07.1 allows a long-term care facility to use an individual who is not listed on the Ohio Nurse Aide Registry as a nurse aide for up to four months. A facility cannot use an individual as a nurse aide for more than four months unless:

1. the individual is competent to provide nurse aide services,
2. the individual has successfully completed an approved training program and passed a required state test, or has otherwise been deemed competent by the Director of Health, and
3. the facility has received verification from the registry that the individual has met the competency requirements.

The registry starts calculating the four month period on the date the facility first uses the individual as a nurse aide, and continues to count each day consecutively, regardless of whether the facility actually utilized the individual as a nurse aide on that particular day, during the period of the individual’s employment as a nurse aide.

According to paragraph (G) of O.A.C. rule 3701-17-07.1, the four month grace period is cumulative meaning that the four month period includes any time that an individual is used as a nurse aide on a full time, temporary, per diem or other basis by a facility or any other facility. Thus, no individual may be used as a nurse aide at any facility or facilities for more than a total of four months without successfully completing training and passing the required state test.

You do not get an additional grace period if you work as a nurse aide in a facility and quit before the grace period expires but are rehired. Any length of time that an individual is used by a facility as a nurse aide counts toward the four month grace period. Also, you do not receive another grace period if you fail the required state test three times.