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Governor Lamont Issues Order Creating Temporary Nurse Aide Position

May 29, 2020

On May 27, 2020, Governor Ned Lamont issued an emergency order creating a temporary nurse aide position to permit trained, but unlicensed, providers to perform limited, but necessary, healthcare services to help meet the healthcare demands of the COVID-19 pandemic. Specifically, the purpose of the creation of this position is to provide nursing-related services at nursing homes, which have been impacted significantly by the pandemic.

The order modifies section 20-102aa of the Connecticut General Statutes to include a definition of “temporary nurse aide,” which is defined as follows: “an individual providing nursing or nursing-related services to residents in a chronic and convalescent nursing home or rest home with nursing supervision, having eight hours of on-line training without enhanced infection control skills and ineligible to work with COVID-19 positive patients, in accordance with and under the direction of a licensed nurse, but does not include an individual who is a health professional otherwise licensed or certified by the Department of Public Health [“DPH”], or who volunteers to provide such services without monetary compensation.”

The order further authorizes the DPH Commissioner to “adopt, amend, implement, suspend and revoke training, competency, scope of practice and temporary hiring policies concerning temporary nurse aides, which shall not be subject to the requirements of sections 4-168 to 4-174, inclusive, of the Connecticut General Statutes.” The order modifies section 20-102ee of the Connecticut General Statutes, such that the DPH Commissioner may grant a registration as a temporary nurse aide to any individual the Commissioner determines complies with the policies adopted by the DPH Commissioner, and the order also requires that any institution that hires a temporary nurse aide to comply with such policies. Lastly, the order modifies section 20-102ff of the Connecticut General Statutes “to preclude temporary nurse aides from engaging in any activity for which a license is required pursuant to Chapter 378 of the Connecticut General Statutes.”

This Executive Order by the Governor is in response to the demand for greater staffing in chronic and convalescent nursing homes or rest homes with nursing supervision brought about by the COVID-19 pandemic.

If you have any questions regarding the requirements for temporary nurse aides, please do not hesitate to contact any member of the Health Law Practice Group at Shipman & Goodwin LLP.

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