Delaware Code Title 16. Health and Safety § 3004A. Mandatory orientation period

(a) A nursing assistant who has completed the hours of training required for certification as certified nursing assistant in a training program sponsored by the facility where the nursing assistant will be employed immediately thereafter shall be required to complete an additional facility-specific orientation period in a skilled nursing facility or assisted living facility.  Nursing assistants shall have direct physical contact with residents only while under the visual observation of a certified nursing assistant or licensed nurse employed by the facility.  Nursing assistants must receive certification within 90 calendar days of completion of the training program.  Nursing assistants who do not receive certification within 90 calendar days may not work as a nursing assistant.  The requirements for nursing assistant orientation shall be specified in a written order signed by the Secretary.

(b) All certified nursing assistants hired to work in a skilled care, intermediate care, or assisted living facility shall undergo an orientation period, which must include clinical hours.  Any certified nursing assistant undergoing orientation and completing clinical tasks may be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by this subchapter and the Department.  The requirements for certified nursing assistant orientation shall be specified in a written order signed by the Secretary.

(c) All certified nursing assistants employed by temporary agencies and placed in a facility in which they have not worked within the previous 6 months shall undergo a minimum of 2 hours of orientation prior to beginning their first shift at that facility, the guidelines for which shall be promulgated by the Department.  Any certified nursing assistant employed by a temporary agency and undergoing orientation shall not be considered a facility employee for purposes of satisfying the minimum facility staffing requirements set by the Department.