400.211  Persons employed as nursing assistants; certification requirement.--

(1)  A person must be certified under part XV of chapter 468, except a registered nurse or practical nurse licensed in accordance with chapter 464 or an applicant for such licensure who is permitted to practice nursing in accordance with rules adopted by the Board of Nursing pursuant to chapter 464, to serve as a nursing assistant in any nursing home.

(2)  The following categories of persons who are not certified as nursing assistants under this part may be employed by a nursing facility for a period of 4 months:

(a)  Persons who are enrolled in a state-approved nursing assistant program; or

(b)  Persons who have been positively verified by a state-approved test site as certified and on the registry in another state with no findings of abuse, but who have not completed the written examination required under this section.

The certification requirement must be met within 4 months of initial employment as a nursing assistant in a licensed nursing facility.

(3)  Nursing homes shall require persons seeking employment as a certified nursing assistant to submit an employment history to the facility. The facility shall verify the employment history unless, through diligent efforts, such verification is not possible. There shall be no monetary liability on the part of, and no cause of action for damages shall arise against, a former employer who reasonably and in good faith communicates his or her honest opinion about a former employee's job performance.