Administrative Code

Virginia Administrative Code
6/25/2022

Chapter 25. Regulations Governing Certified Nurse Aides

Part I
General Provisions

18VAC90-25-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

"Board" means the Virginia Board of Nursing.

"Client" means a person receiving the services of a certified nurse aide, to include a patient in a health care facility or at home or a resident of a long-term care facility.

"Nurse aide education program" means a program designed to prepare nurse aides for certification that is approved by the board.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-15. Identification; accuracy of records.

A. Any person regulated by this chapter who provides direct patient care shall, while on duty, wear identification that is clearly visible and indicates the appropriate title issued to such person by the board under which he is practicing in that setting. Name identification on a badge shall follow the policy of the facility in which the nurse aide is employed.

B. A certificate holder who has changed his name shall submit as legal proof to the board a copy of the marriage certificate, a certificate of naturalization, or court order evidencing the change. A duplicate certificate shall be issued by the board upon receipt of such evidence.

C. Each certificate holder shall maintain an address of record with the board. Any change in the address of record or in the public address, if different from the address of record, shall be submitted in writing or electronically to the board within 30 days of such change. All notices required by law and by this chapter to be sent by the board to any certificate holder shall be validly given when sent to the latest address of record on file with the board.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 25, Issue 17, eff. July 1, 2009; Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-16. Fees.

A. The following fees shall apply:

1. Annual renewal for certified nurse aide

$30

2. Handling fee for returned check or dishonored credit card or debit card

$50

3. Application for certification as an advanced certified nurse aide

4. Renewal of advanced certified nurse aide certification

5. Reinstatement of advanced certified nurse aide certification

$25

$20

$30

B. Fees shall not be refunded once submitted.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 35, Issue 20, eff. July 15, 2019; amended, Virginia Register Volume 36, Issue 9, eff. February 6, 2020.

18VAC90-25-20. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-30. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-40. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-50. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-60. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

Part II
Certification of Nurse Aides

18VAC90-25-70. Initial certification for the nurse aide registry.

A. The board shall issue a certificate as a certified nurse aide to each applicant who qualifies for such a certificate under §§ 54.1-3024, 54.1-3025, 54.1-3026, and 54.1-3028 of the Code of Virginia and provisions of this chapter.

B. Nurse aide competency evaluation.

1. The board may contract with a test service for the development and administration of a competency evaluation, which shall be a state examination.

2. All individuals completing a nurse aide education program in Virginia shall successfully complete the state examination required by the board prior to being certified and to using the title Certified Nurse Aide.

3. The board shall determine the minimum passing standard on the state examination.

C. Initial certification shall be for two years.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-71. Certification by examination.

A. To be placed on the registry and certified by examination, the nurse aide must:

1. Have satisfactorily completed:

a. A nurse aide education program approved by the board;

b. At least one clinical nursing course that includes at least 40 hours of clinical experience involving direct client care within the past 12 months while enrolled in a nursing education program preparing for registered nurse or practical nurse licensure; or

c. A nursing education program preparing for registered nurse licensure or practical nurse licensure;

2. Pass the state examination required by the board; and

3. Submit the required application and testing fee as prescribed by the board.

B. An applicant who fails to take the board-approved skills and written portions of the state examination within two years of completion of the training or who has failed the examination in three attempts shall reenroll and successfully complete another approved nurse aide training program before reapplying.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-72. Certification by endorsement.

To be placed on the registry and be certified by endorsement, the nurse aide shall:

1. Be a graduate of a state-approved nurse aide education program that meets the requirements for clinical training and competency set forth in 42 CFR 483.152;

2. Have satisfactorily completed a competency evaluation program;

3. Be currently registered in another state, with no finding of abuse, neglect or misappropriation of property;

4. Submit the required application; and

5. Submit the required verification form to the credentialing agency in each state in which the applicant has been registered, certified, or licensed, unless electronic verification is available.

Statutory Authority

§§ 54.1-2400 and 54.1-3005  of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-80. Renewal or reinstatement of certification.

A. Renewal of certification.

1. No less than 30 days prior to the expiration date of the current certification, a notice for renewal shall be sent by the board to the address of record of each currently certified nurse aide.

2. The certified nurse aide shall annually submit a completed renewal application with the required fee and attestation of performance of nursing-related activities for compensation within the two years immediately preceding the expiration date.

3. Failure to receive the application for renewal shall not relieve the certificate holder of the responsibility for renewing the certification by the expiration date.

4. A certified nurse aide who has not performed nursing-related activities for compensation during the two years preceding the expiration date of the certification shall repeat and pass the nurse aide state examination prior to applying for renewal of certification.

B. Reinstatement of certification.

1. An individual whose certification has lapsed for more than 90 days shall submit the required application and renewal fee and provide:

a. Verification of performance of nursing-related activities for compensation in the two years prior to the expiration date of the certificate and within the preceding two years; or

b. Evidence of having repeated and passed the nurse aide state examination.

2. An individual who has previously had a finding of abuse, neglect, or misappropriation of property is not eligible for reinstatement of his certification, except as provided in 18VAC90-25-81, which provides a process for removal of the finding of neglect based on a single occurrence.

C. A certified nurse aide whose certification has been suspended or revoked by the board and who is eligible for reinstatement may apply for reinstatement by filing a reinstatement application and fulfilling requirements of subsection B of this section.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 22, Issue 8, eff. January 25, 2006; Volume 22, Issue 12, eff. March 22, 2006; Volume 23, Issue 21, eff. July 25, 2007; Volume 27, Issue 20, eff. July 6, 2011; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-81. Removal of a finding of neglect.

A. If a finding of neglect was made against a certificate holder based on a single occurrence, an individual may petition for removal of the finding of neglect provided:

1. A period of at least one year has passed since the finding was made; and

2. The individual demonstrates sufficient evidence that employment and personal history do not reflect a pattern of abusive behavior or neglect.

B. A certificate holder can petition the board only once for removal of a finding of neglect.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 23, Issue 21, eff. July 25, 2007; amended, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-90. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; repealed, Virginia Register Volume 30, Issue 10, eff. February 27, 2014.

18VAC90-25-100. Disciplinary provisions for nurse aides.

The board has the authority to deny, revoke, or suspend a certificate issued, or to otherwise discipline a certificate holder upon proof that the certificate holder has violated any of the provisions of § 54.1-3007 of the Code of Virginia. For the purpose of establishing allegations to be included in the notice of hearing, the board has adopted the following definitions:

1. Fraud or deceit in order to procure or maintain a certificate shall mean but shall not be limited to:

a. Filing false credentials;

b. Falsely representing facts on an application for initial certification, reinstatement or renewal of a certificate; or

c. Giving or receiving assistance in taking the state examination.

2. Unprofessional conduct shall mean but shall not be limited to:

a. Performing acts beyond those authorized for practice as a nurse aide or an advanced certified nurse aide as defined in Chapter 30 (§ 54.1-3000 et seq.) of Title 54.1 of the Code of Virginia, and beyond those authorized by the Drug Control Act (§ 54.1-3400 et seq. of the Code of Virginia) or by provisions for delegation of nursing tasks in Part VI (18VAC90-19-240 et seq.) of 18VAC90-19.

b. Assuming duties and responsibilities within the practice of a nurse aide or an advanced certified nurse aide without adequate training or when competency has not been maintained;

c. Obtaining supplies, equipment or drugs for personal or other unauthorized use;

d. Falsifying or otherwise altering client or employer records, including falsely representing facts on a job application or other employment-related documents;

e. Abusing, neglecting, or abandoning clients;

f. Having been denied a license or certificate or having had a license or certificate issued by the board revoked or suspended;

g. Giving to or accepting from a client property or money for any reason other than fee for service or a nominal token of appreciation;

h. Obtaining money or property of a client by fraud, misrepresentation, or duress;

i. Entering into a relationship with a client or the client's family that constitutes a professional boundary violation in which the nurse aide uses his professional position to take advantage of the vulnerability of a client or his family, to include actions that result in personal gain at the expense of the client, an inappropriate personal involvement or sexual conduct with a client;

j. Violating state laws relating to the privacy of client information, including § 32.1-127.1:03 of the Code of Virginia; or

k. Providing false information to staff or board members during the course of an investigation or proceeding.

3. For the purposes of interpreting provisions of subdivision 7 of § 54.1-3007 of the Code of Virginia, a restriction on nurse aide certification shall be interpreted as having a finding of abuse, neglect, or misappropriation of patient property made in another state or being placed on the abuse registry in another state.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 20, Issue 24, eff. September 8, 2004; amended, Virginia Register Volume 21, Issue 9, eff. March 26, 2005; Volume 23, Issue 21, eff. July 25, 2007; Volume 35, Issue 20, eff. July 15, 2019.

Part III
Advanced Certification

18VAC90-25-110. Requirements for initial certification as an advanced certified nurse aide.

A. In order to be certified as and use the title of "Advanced Certified Nurse Aide," an applicant shall meet the following qualifications:

1. Hold current certification as a certified nurse aide in Virginia;

2. Have been certified for at least three years as a certified nurse aide;

3. Have never had a finding of abuse, neglect, or misappropriation of patient property entered on a nurse aide registry in any jurisdiction and have not had any disciplinary actions taken by the board within the five years preceding application for advanced certification;

4. Have a recommendation for advanced certification from a licensed nurse who has supervised the applicant in providing direct patient care for at least six months within the past year; and

5. Have successfully completed a minimum of 120 hours of advanced training in an approved program that includes a competency evaluation acceptable to the board.

B. An application for certification shall be accompanied by an application fee as specified in 18VAC90-25-16.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-120. Renewal and reinstatement of certification as an advanced certified nurse aide.

A. Current certification as a nurse aide in Virginia must be maintained in order to hold certification as an advanced certified nurse aide.

B. Renewal. If an individual is not eligible to renew as a certified nurse aide, certification as an advanced certified nurse aide may not be renewed. An advanced certification shall be renewed concurrently with the renewal of the basic certification as a nurse aide in Virginia by:

1. Submitting a completed renewal form and renewal fee as specified in 18VAC90-25-16; and

2. Attesting to completion of at least three contact hours per year of continuing education and training in any of the competency areas identified in the advanced certification training program. The board may grant an extension or waiver of the continuing education requirement based on good cause shown by the certified nurse aide.

C. Late renewal. An advanced certified nurse aide may renew certification for 90 days following the expiration date by meeting the requirements of subsection A of this section.

D. Reinstatement. If an advanced certification has not been renewed for 90 days following the expiration date, it shall only be reinstated if the applicant for reinstatement:

1. Holds current certification as a nurse aide in Virginia;

2. Submits a completed reinstatement application on a form provided by the board;

3. Pays the reinstatement fee as specified in 18VAC90-25-16; and

4. Provides evidence that the applicant has completed all required hours of continuing education and training.

Statutory Authority

§§ 54.1-2400 and 54.1-3005 of the Code of Virginia.

Historical Notes

Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; Volume 30, Issue 10, eff. February 27, 2014; Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-130. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; amended, Virginia Register Volume 23, Issue 21, eff. July 25, 2007; repealed, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

18VAC90-25-140. (Repealed.)

Historical Notes

Derived from Virginia Register Volume 21, Issue 9, eff. March 26, 2005; repealed, Virginia Register Volume 35, Issue 20, eff. July 15, 2019.

FORMS (18VAC90-25).

Application for Certification as a Nurse Aid by Examination, available online at https://www.dhp.virginia.gov/Boards/Nursing/PractitionerResources/Forms/

Application for Certification as a Nurse Aid by Endorsement, available online at https://www.dhp.virginia.gov/Boards/Nursing/PractitionerResources/Forms/

Application for Certification as an Advanced Certified Nurse Aide, available online at https://www.dhp.virginia.gov/Boards/Nursing/PractitionerResources/Forms/

Checklist Instructions Reinstatement of Nurse Aide Certification (rev. 4/2020)

Checklist Instructions Reinstatement of Advanced Nurse Aide Certification (rev. 4/2020)

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