(a) A person who applies for employment to provide caregiver services in this state for compensation shall provide documentation to an in-home services agency of successful completion of training as a trained in-home assistant under this subchapter.

(b) A person qualifies as a trained in-home assistant under this subchapter if the person:

(1) Is eighteen (18) years of age or older;

(2) Has not been convicted of a felony that would prevent the person from working in a long-term care facility under § 20-38-101 et seq. unless the conviction has been expunged or pardoned; and

(3) Except as provided under subsection (e) of this section, has successfully completed a caregiver training course addressing the following core competencies approved by the Department of Health, including not less than forty (40) hours of training in:

(A) Body functions;

(B) Body mechanics and safety precautions;

(C) Communication skills;

(D) Dementia and Alzheimer's disease;

(E) Emergency situations, including recognition of conditions and proper procedures;

(F) Household safety and fire prevention;

(G) Infection control and prevention, including maintaining a safe and clean working environment;

(H) Ethical considerations and state law regarding delegation of nursing tasks to unlicensed personnel;

(I) Nutrition;

(J) At least sixteen (16) hours of the forty (40) required hours covering physical skills and competent demonstration of such skills for:

(i) Ambulation;

(ii) Basic housekeeping procedures, including laundry skills;

(iii) Bathing, shampooing, and shaving;

(iv) Dressing and undressing;

(v) Meal preparation and clean up;

(vi) Oral hygiene;

(vii) Range of motion;

(viii) Toileting; and

(ix) Transfer techniques;

(K) Record keeping and documentation of activities;

(L) Role of caregiver in a healthcare team; and

(M) Nail and skin care.

(c) The department may expand or reduce the topics acceptable for the caregiver course, but the number of hours of training shall not be modified.

(d) The training required under this subchapter may be certified by an employer if that employer maintains records regarding:

(1) The identification of the employee who received training;

(2) The topic for which the training was conducted; and

(3) The amount of time spent on training.

(e) (1) A person is exempt from the provisions of subdivision (b)(3) of this section if the person has at least one (1) year of experience working in an institutional setting, including without limitation a:

(A) Home health agency;

(B) Hospital;

(C) Hospice; or

(D) Long-term care facility.

(2) The experience required under subdivision (e)(1) of this section shall be verified by the person's employer during the experience.