[§457A-7]  Medicare or medicaid nurse aide certification.  (a)  To be certified as a medicare or medicaid nurse aide, an applicant shall successfully complete:

     (1)  Training in a training program approved by the director of human services under section 346-46; and

     (2)  A nurse aide examination approved by the director.

     (b)  No person shall be permitted to take the examination who has not complied with the training requirements established by the director of human services in accordance with 42 United States Code sections 1395i-3 and 1396r.

     (c)  Reciprocity shall be granted to nurse aides who have completed a state-approved program that meets both federal and state requirements.

     (d)  Nurse aides employed in medicare or medicaid certified nursing facilities shall meet both federal and state requirements.

     (e)  Maintenance requirements for the recertification process shall be on a biennial basis, and shall include an annual performance review and in-service training and employment in a medicare or medicaid facility as required by federal and state law.

     (f)  No charge shall be imposed on medicare or medicaid certified nurse aides for the maintenance of the nurse aide registry. [L 2007, c 226, pt of §4]