1. (a) A skills examiner must administer a competency evaluation.
2. (b) A trainee is eligible to take a competency evaluation if the trainee has successfully completed the training portion of a NATCEP, as determined by the program director, or is eligible under §556.11 of this chapter (relating to Waiver, Reciprocity, and Exemption Requirements).
3. (c) If a trainee cannot take a competency evaluation at the location where the trainee received training, the trainee may take a competency evaluation at another approved NATCEP that offers the competency evaluation and accepts the trainee for a competency evaluation.
4. (d) An eligible trainee who does not take a competency evaluation at the location where the trainee received training must obtain from the program director a signed competency evaluation application and a certificate or letter of completion of training. The trainee must arrange with another approved NATCEP to take the competency evaluation and must follow the instructions on the competency evaluation application.

5. (e) A NATCEP must:

   1. (1) provide a facility where a trainee may perform the skills demonstration and a location where a trainee may take the written or oral examination;
   2. (2) offer a competency evaluation to its own trainees promptly after successful completion of the training portion of a NATCEP;
   3. (3) administer a competency evaluation to other eligible trainees the NATCEP has accepted for the competency evaluation;
   4. (4) schedule a competency evaluation; and
   5. (5) ensure that trainees accurately complete competency evaluation applications.

6. (f) A trainee must:

   1. (1) take a competency evaluation within 24 months after completing the training portion of a NATCEP;
   2. (2) verify the arrangements for competency evaluations;
   3. (3) complete a competency evaluation application and submit the application in accordance with application instructions;
   4. (4) request another competency evaluation if the trainee fails a competency evaluation; and
   5. (5) meet any other procedural requirements specified by HHSC or its designated skills examiner.

7. (g) A competency evaluation must consist of:

   1. (1) a skills demonstration that requires the trainee to demonstrate five randomly selected skills drawn from a pool of skills that are generally performed by nurse aides, including all personal care skills listed in the curriculum; and
   2. (2) a written or oral examination, which includes 60 scored multiple choice questions selected from a pool of test items that address each course requirement in the curriculum. Written examination questions must be printed in a test booklet with a separate answer sheet. An oral examination must be a recorded presentation read from a prepared text in a neutral manner that includes questions to test reading comprehension.
8. (h) A trainee with a disability, including a trainee with dyslexia as defined in Texas Education Code §51.970 (relating to Instructional Material for Blind and Visually Impaired Students and Students with Dyslexia), may request a reasonable accommodation for the competency evaluation under the Americans with Disabilities Act.

9. (i) To successfully complete a NATCEP, a trainee must pass:

   1. (1) the skills demonstration, as determined by HHSC; and
   2. (2) the written or oral examination, as determined by HHSC.

10. (j) A trainee who fails the skills demonstration or the written or oral examination may retake the competency evaluation twice.

    1. (1) A trainee must be advised of the areas of the competency evaluation that the trainee did not pass.
    2. (2) If a trainee fails a competency evaluation three times, the trainee must complete the training portion of a NATCEP before taking a competency evaluation again.
11. (k) HHSC informs a trainee before taking a competency evaluation that HHSC records successful completion of the competency evaluation on the NAR.
12. (l) HHSC records successful completion of the competency evaluation on the NAR within 30 days after the date the trainee passes the competency evaluation.
13. (m) A facility must not offer or serve as a competency evaluation site if the facility is prohibited from offering a NATCEP under the provisions of §556.3(e) of this chapter (relating to Nurse Aide Training and Competency Evaluation Program (NATCEP) Requirements).
14. (n) A facility must not charge a nurse aide for any portion of a competency evaluation if the nurse aide is employed by or has received an offer of employment from a facility on the date the nurse aide takes the competency evaluation.
15. (o) HHSC reimburses a nurse aide for a portion of the costs incurred by the nurse aide to take a competency evaluation if the nurse aide is employed by or has received an offer of employment from a facility within 12 months after taking the competency evaluation.

Source Note:The provisions of this §556.6 adopted to be effective September 24, 2018, 43 TexReg 6326.