NC HCPR: N.C. Nurse Aide I Registry

Nursing Homes – 120 Day Rule

G.S. §131E-255 was amended on July 1, 2022, per North Carolina Session Law 2022-74 (2022 Appropriations Act).

A nursing facility may employ or contract with health care personnel who are not listed on the Nurse Aide Registry to perform the duties of a nurse aide for a period of up to four months, consistent with subsection (d) of 42 CFR § 483.35. As used in this subsection, "health care personnel" means unlicensed staff that have direct access to residents, clients, or their property. Direct access includes any unlicensed staff that, during the course of employment, have the opportunity for direct contact with an individual or an individual's property when that individual is a resident, client, or person to whom the nursing facility provides services.

Click here to review all the requirements in federal law 42 CFR § 483.35.

An individual cannot work as a Nurse Aide for more than 4 months without being listed on the North Carolina Nurse Aide I Registry.

During the 4 months, an individual must:

Be a full-time employee as a Nurse Aide.
Be actively working toward meeting the training and testing requirements. If an individual successfully passed a state-approved Nurse Aide I training program (NAT) prior to employment as a Nurse Aide, then they must register and successfully pass the state-approved competency evaluation program (CEP) during the 4 months.

A Nursing Home cannot:

Terminate and rehire an individual to restart the duration of the 4 months.
Restart the 4 months if an individual completes additional training and testing sequences.
Waive the required background checks prior to employment. Each Nursing Home is responsible for checking the prior work history of an individual that performs Nurse Aide duties. A facility must count any previous employment as a Nurse Aide, in ANY Nursing Home, toward the 4-month total. This excludes the time spent performing clinical requirements in order to successfully complete a state-approved Nurse Aide I training program.

Individuals cannot move from facility-to-facility and receive a full 4 months each time they change employers and/or facilities.

An individual not listed on the North Carolina Nurse Aide I Registry at the end of the 4 months, can no longer work in the capacity of a Nurse Aide at ANY Nursing Home.

N.C. Department of Health and Human Services Division of Health Service Regulation Health Care Personnel Education and Credentialing Section

Nursing Homes – 120 Day Rule

N.C. Department of Health and Human Services
Division of Health Service Regulation
Health Care Personnel Education and Credentialing Section