The following Policy Guideline is designed to replace Informational Policy Memorandum (IPM) 55, issued May 27, 1993.
Section 5002.1(b) of the Education Law states in part that "the commissioner shall set forth in regulation standards governing…(5) the form and content of the student enrollment agreement or contract[.]" Section 5005 of the Education requires that "The school shall disseminate to all prospective and enrolled students through an enrollment contract or agreement or other appropriate publications or documents ... (a) information concerning the school, including but not limited to ... (2) program objectives and the length of the program…”
One of the program objectives of Nurse Aide Training Programs is that the student take and pass the Nurse Aide Competency Exam and be able to be employed as a Certified Nurse Aide in a nursing home or home care agency.
Section 126.7 of the Commissioner’s Regulations sets forth the standards for enrollment agreements. Section 126.7(a) states, in part, that "All conditions for enrollment in or completion of a curriculum or course shall be set forth in an enrollment agreement…"
Pursuant to Section 5005.2(a) of the Education Law and Part 126.7(a) of the Commissioner's Regulations, students must be informed of the following requirements for enrollment in Nurse Aide training programs by way of the Nurse Aide Training Program Addendum:
1. There is a fee associated with the Nurse Aide Competency Exam, which is not part of the tuition set forth in the enrollment agreement.
2. New procedures implemented by the New York State Department of Health require nursing homes and home care agencies to obtain the criminal history of all prospective employees. An employee is defined as any person employed by the facility or program, including those persons employed by a temporary employment agency.
In order to ensure that all students are fully informed of this requirement and in order for them to be aware that there is a fee associated with this test which is not part of the tuition set forth on the enrollment agreement, we are providing you with a Nurse Aide Training Program Addendum that is to be included with all Nurse Aide/Nurse Assistant enrollment agreements.
To further ensure that all students are aware of the criminal background check prior to enrollment so that a student may opt out of the training due to possible lack of employability, an additional acknowledgement will now be required to be included on all Nurse Aide enrollment agreements. It is as follows:
As a student of a Nurse Aide Training Program, I acknowledge the following:
1. I have been informed that in order to work in a nursing home and/or a home care agency, I must submit to a criminal background check. A criminal record may prevent me from working as a Nurse Aide.
2. I have received a copy of the Nurse Aide Training Program addendum
Any changes to the enrollment agreement itself will necessitate standard enrollment agreement review procedures by the Bureau of Proprietary School Supervision.