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FREQUENTLY ASKED QUESTIONS NURSE REGISTRIES

Independent Contractor requirements

5.1 Who can be independent contractors for a nurse registry?

Registered nurses, licensed practical nurses, certified nursing assistants, home health aides, homemakers, and companions all of which must be independent contractors for a nurse registry. Each of the above must provide evidence of their license or certification and training as applicable prior to having any patients referred to them by the nurse registry. A nurse registry cannot have any direct employees providing services to patients.

5.2 Do nurse registries have to have documentation that independent contractors have HIV training?

Yes. The state law regarding HIV training was changed in 2008 to require that independent contractors that apply for contracts with nurse registries to have a one time HIV course.

5.3 Do independent contractors have to provide a health statement to show he or she is free of communicable diseases?

In accordance with Rule 59A-18.005(6), F.A.C., prior to contact with patients, an independent contractor must provide a health statement, within the last six months that the contractor is free from communicable disease, from a physician licensed under Chapter 458 or 459, F.S., a physician's assistant, or an advanced registered nurse practitioner (ARNP), or a registered nurse licensed under Chapter 464, F.S. under the supervision of a licensed physician, or acting pursuant to an established protocol signed by a licensed physician. The rule states that the health statement must be provided when the independent contractor is first referred.

5.4 Can a nurse registry train its own home health aides?

No. Nurse registries cannot train home health aides. If the nurse registry is interested in becoming a non-public, career education school that trains home health aides, then the nurse registry may call toll free 1-888-224-6684 and ask for the Commission for Independent Education or, visit their web site at http://www.fldoe.org/policy/cie/new-institution-application.stml for information on the requirements. 

Also, a nurse registry cannot give a competency exam to a person that has not been through the minimum training required in state rule (59A-18.0081) and put the person to work as a home health aide. A competency exam by a home health agency in lieu of training cannot be used by the nurse registry either. If the home health aide has already had at least the minimum training required in the nurse registry rule, this response does not prohibit the nurse registry from screening or testing the aide.

5.5 If a C.N.A. has completed a CNA training course through the adult vocation school or a licensed career education school, can they work as an home health aide until they take the state test? 

Yes, put documentation of the person's training in their file.

5.6 If a CNA lets their certification lapse, can she or he work as home health aide?

Yes, if you have documentation that the person meets the 40 hour training requirements listed in the state rule [59A-18.0081(8), Florida Administrative Code]  that is quoted in survey standard G 271.

5.7  Where can our nurse registry get information on the Federal Regulations effective January 1, 2015 that remove the exemption from minimum wage for overtime payment for certain types of home care workers?

See the U.S. Department of Labor, Wage and Hour Division’s web page that explains this regulation: http://www.dol.gov/whd/homecare/. If you have questions after viewing the information at this web page, call the Wage and Hour Division’s toll-free help line at:  1-866-487-9243, Monday-Friday 8 a.m. to 8.pm. Eastern Time.