Current through Register Vol. 42, No. 5, February 29, 2024
(1) An assisted
living facility shall ensure personnel are employed and on duty to meet the
care and safety needs of all residents 24 hours a day, 7 days a week.
(a) An assisted living facility shall be
staffed at all times by at least one individual who has a current certification
in cardiopulmonary resuscitation (CPR).
(b) An assisted living facility must be
staffed to ensure the safe evacuation of all residents in the event of a fire
or emergency.
(2)
Employee Schedule. An assisted living facility shall post a
schedule of employees indicating names and days and hours scheduled to work.
This schedule shall be retained in the facility for 6 months after
use.
(3)
Employee
Screening.
(a) Prior to any resident
contact, such as but not limited to assistance with activities of daily living,
newly employed personnel shall have a physical examination certifying that the
employee is free of signs and symptoms of infectious skin lesions and diseases
that are capable of transmission to residents through normal staff to resident
contact. Employees who develop signs or symptoms of infectious skin lesions or
diseases that would be capable of transmission to residents through normal
staff to resident contact shall not be permitted to have resident contact until
free from such signs and symptoms.
(b) Not more than 30 days prior to any
resident contact, newly employed personnel shall be properly evaluated for
tuberculosis.
(c) Vaccines.
Assisted living facilities shall immunize employees in accordance with current
recommended Centers for Disease Control and Prevention (CDC)
guidelines (www.cdc.gov/vaccines). Any particular vaccination requirement may
be waived or delayed by the State Health Officer in the event of a vaccine
shortage.
(d) An assisted living
facility shall not hire an individual whose name is on the Alabama Department
of Public Health Nurse Aide Abuse Registry.
(4)
Personnel Records. An
assisted living facility shall maintain a personnel record for each employee.
This record shall contain:
(a) An application
for employment which contains information regarding the employee's education,
training, and experience.
(b)
Verification of current certification or licensure, if applicable.
(c) Record of required physical examinations
and vaccinations.
(d) Verification
the facility has not hired an individual whose name is on the Alabama
Department of Public Health Nurse Aide Abuse Registry.
(e) Date of hire.
(f) Date of initial resident
contact.
(g) Date employment
ceased.
(5) No member of
the assisted living facility governing authority, and no employee of an
assisted living facility, including the administrator, shall serve as legal
guardian, as conservator, or as attorney-in-fact for any resident of the
facility, nor shall any such individual solicit or accept control over the
property of any resident, such as by becoming authorized to sign checks for the
resident, or by becoming authorized to enter a resident's safe deposit box, or
by having authority to control real property or securities owned by the
resident. No member of the assisted living facility governing authority, and no
employee of an assisted living facility, including the administrator, shall
accept gifts, cash, or any item of value from a resident of the assisted living
facility other than what the resident is obligated to pay the facility for
services rendered, as specified in the resident's financial agreement with the
facility. Provided, however, that assisted living facility residents, sponsors,
and family members may offer, and employees may accept, gifts whose value does
not exceed $25, on appropriate occasions such as holidays or birthdays if the
gift is offered freely and voluntarily. In the case of a gift from a resident,
the resident must have sufficient cognitive ability to knowingly, freely, and
voluntarily offer a gift. Provided further, that none of these prohibitions
shall apply between a resident and any member of the governing authority or
employee if the two individuals are related to one another as defined in
Section
420-5-4-.01(2)
(b). Notwithstanding the foregoing,
individuals appointed before October 5, 2001, as legal guardians for assisted
living facility residents may continue to serve. This subsection is not
intended to prevent assisted living facilities from offering to place resident
funds in an escrow or trust account for the benefit of the resident whose funds
are deposited, so long as exclusive decision-making authority for fund
disbursement is vested in the resident or responsible family member, and so
long as disposition of escrowed funds are periodically reported to the resident
or family member as appropriate. This subsection is also not intended to
prohibit facilities from accepting memorial gifts in any amount from family
members of deceased relatives, nor is it intended to prohibit facilities from
accepting testamentary bequests in any amount from the estates of deceased
residents.
(6)
Training.
(a) All staff who have
contact with residents, including the administrator, shall have initial
training prior to resident contact and refresher training annually and as
necessary. Documentation of all staff training to include attendance records
and any required post-test or evaluations shall be maintained in the facility.
In addition to any information otherwise required by the facility's policies
and procedures, the facility shall ensure that prior to resident contact, all
staff members receive training on the subject matter listed below:
1. State law and rules on assisted living
facilities.
2. Facility policies
and procedures.
3. Resident
rights.
4. Current certification
from the American Heart Association or the American Red Cross in
cardiopulmonary resuscitation (CPR) within 90 days of hire.
5. Identifying and reporting abuse, neglect,
and exploitation.
6. Basic first
aid.
7. Advance
directives.
8. Protecting resident
confidentiality.
9. Resident fire
and environment safety.
10. Special
needs of the elderly, mentally ill, and mentally retarded.
11. Safety and nutritional needs of the
elderly.
12. Identifying signs and
symptoms of dementia.
(b) Cardiopulmonary Resuscitation. An
assisted living facility shall be staffed at all times by at least one
individual who has a current certification from the American Heart Association
or the American Red Cross in CPR. All employees of an assisted living facility
who have contact with residents must be certified in CPR from the American
Heart Association or the American Red Cross. New employees must obtain
certification in CPR within 90 days of hire. An assisted living facility
equipped with an automated external defibrillator (AED) shall be staffed at all
times by at least one individual who has a current certification from the
American Heart Association or the American Red Cross in AED utilization.
Substitute training approved by the Department for use by emergency medical
services personnel (EMSP) may be utilized in lieu of those courses or
certifications offered by the American Heart Association or American Red Cross
in CPR or AED utilization.
(c) If
the facility admits or retains residents with special needs such as diabetes,
hospice, or oxygen therapy, the facility shall provide staff with the
appropriate training.
(d)
Continuing Education. All staff must receive annual continuing education
sufficient to remain knowledgeable of the training specified above.
Authors: Rick Harris, Kelley Mitchell, Walter
Geary
Statutory Authority:
Code of Ala.
1975, §§
22-21-20,
et
seq.
