Current through Register Vol. 42, No. 11, August 30, 2024
(1)
Medical Direction and Supervision. The medical care of residents
shall be under the direction and supervision of a physician.
(a) Designation of Attending Physician. Upon
admission, each resident shall be asked to designate an attending physician of
his or her choice. If the resident is unable to designate an attending
physician, or does not wish to designate an attending physician, the facility
shall assist the resident in identifying an attending physician who will serve
the resident. A resident shall be permitted to change the designation of his or
her attending physician at any time. Whenever a resident requires medical
attention, an attempt shall first be made to contact the resident's attending
physician, except in medical emergencies requiring activation of the local EMS
system (911 or another emergency call).
(b) Back-up Physician Support. Each assisted
living facility shall have an agreement with one or more duly licensed
physicians to serve in those instances when a resident's own attending
physician cannot be reached, and to provide temporary medical attention to any
resident whose attending physician is temporarily not available. A nurse
practitioner or physician's assistant shall not serve as the back-up physician
in an assisted living facility.
(c)
All physician orders shall be written in accordance with community standards.
If verbal orders are used, they are to be used infrequently. A physician verbal
order shall only be accepted by an RN or LPN employed by the facility and
authorized to do so by facility policy and procedures and state law. All verbal
orders shall be reduced to writing on the physicians' order sheet by a licensed
facility nurse and shall be dated and signed by the nurse receiving the order.
All orders, including verbal orders, shall be dated, timed, and authenticated
promptly by the ordering practitioner, or another practitioner who is
responsible for the care of the resident and authorized to write orders by
facility policy. All verbal orders must be authenticated within such time
period as provided by facility policy, but in no case shall exceed 30 days
following entry of the order.
(2)
Medical Examination Record.
(a) Initial Physical Examination. Not more
than 30 days prior to admission of any resident to an assisted living facility,
the resident or prospective resident shall be examined by a physician. For
purposes of the initial physical examination only, a currently licensed
physician in good standing with the Medical Licensure Commission of any state
may complete this physical assessment. The physician shall report his or her
findings in writing to the facility. In addition to any information otherwise
required by the facility's policies and procedures, and in addition to any
other information the physician recommends or believes is pertinent, the
initial physical examination record shall contain the following:
1. All of the physician's diagnoses, and the
resident's baseline weight and vital signs.
2. Medication presently prescribed (name,
dosage, and strength of drug, frequency, and route of
administration).
3. A statement by
the physician that the resident is free of signs and symptoms of infectious
skin lesions and diseases that are capable of transmission to other residents
through normal resident to resident contact.
4. Documentation of evaluation for
tuberculosis within the previous 12 months.
(b) Annual Physical Examination. In addition
to the admission physical examination, each resident shall be examined annually
by a physician, and findings from the annual physical examination shall be
documented with a copy placed in the resident's medical examination record. In
addition to any other items specified in the facility's policies and
procedures, and in addition to any information deemed necessary, pertinent, or
recommended by the resident's attending physician, the annual physical
examination shall contain the following:
1.
The resident's weight and vital signs.
2. Changes in diagnoses.
3. Changes in medications prescribed (name,
dosage, and strength of drug, frequency, and route of
administration).
4. Changes in
treatment.
(c) Change of
Condition Physician Examinations. Changes in the resident's condition that
require a physician examination and result in a change in diagnoses,
medications, or treatments shall be reported to the facility and documented in
the resident's medical examination record. In addition to any other items
specified in the facility's policies and procedures, and in addition to any
information deemed necessary, pertinent, or recommended by the resident's
treating physician, this physical examination shall contain a listing of the
following:
1. New diagnoses.
2. Changes in condition.
3. Changes in medications prescribed (name,
dosage, and strength of drug, frequency, and route of
administration).
4. Changes in
treatment.
(d) Vaccines.
Assisted living facilities shall immunize residents in accordance with current
recommended CDC guidelines. Any particular vaccination requirement may be
waived or delayed by the State Health Officer in the event of a vaccine
shortage.
(3)
Health Supervision.
(a) Initial
Assessment. No more than 30 days prior to admission, the facility shall assess
prospective residents for facility eligibility. This assessment shall document
identified care needs and serve as a baseline for future assessments.
(b) Monthly Assessments. The facility shall
assess each resident monthly and more often when necessary to identify changes
in resident's status. In addition to other items that may be required by the
facility's own policies and procedures, the monthly assessment shall:
1. Assess the resident's ability to safely
self-manage medications or safely self-administer medications with
assistance.
2. Accurately weigh and
record the weight of each resident. A significant weight loss is defined as a 5
percent or greater weight loss in a period of 1 month or less, or a 7 1/2
percent or greater weight loss in a period of 3 months or less, or a 10 percent
or greater weight loss in a period of 6 months or less. Any weight loss shall
be considered to be an unplanned weight loss unless the affected resident has
been placed on a restricted calorie diet specifically for the purpose of
reducing the resident's weight, and such diet has been approved by the
resident's attending physician or by a dietitian licensed by the Alabama Board
of Examiners for Dietetics and Nutritionists as authorized by the medical
director.
3. Document identified
changes in resident status.
4.
Assess the appropriateness of each resident's plan of care. Any decline in
resident status requires immediate implementation and documentation of
interventions or reassessment of existing interventions.
(c) Observation. Each assisted living
facility shall provide general observation and health supervision of the
residents to identify changes in all residents' health conditions and physical
abilities, and awareness of the need for medical attention or nursing services
as the changes develop. Whenever a resident requires medical attention, nursing
services, or changes in personal care and assistance with activities of daily
living provided by the facility, the facility shall arrange for or assist the
residents in obtaining necessary services.
(d) Services Beyond Capability of Assisted
Living Facility. Whenever a resident requires hospitalization, medical,
nursing, or other care beyond the capabilities and facilities of the assisted
living facility, arrangements shall be made to discharge the resident to an
appropriate setting, or to transfer the resident promptly to a hospital or
other health care facility able to provide the appropriate level of
care.
(e) Care During Emergency or
Illness. The resident's attending physician, or a backup physician, if the
attending physician is unavailable, shall be promptly called at the onset of an
illness or in case of an accident or injury to a resident. In case of a medical
emergency that could result in death, serious medical impairment, or disability
to a resident, the local EMS system shall be activated by calling 911 or other
emergency local telephone number.
(f) All assisted living facilities shall
maintain the following telephone numbers, properly identified, and posted in a
prominent location readily accessible and known to all staff members:
1. Each resident's attending physician, and
the facility's backup physician or physicians.
2. 911, or the local emergency telephone
number if the community is not served by a 911 telephone service.
(g) Mechanical Restraint and
Seclusion. No form of physical restraint or seclusion shall be applied to
residents of an assisted living facility except in extreme emergency situations
when the resident presents a danger of harm to himself or herself or to other
residents. In such an event, the facility shall use the least restrictive
intervention that will be effective to protect residents, immediately notify
the resident's physician and sponsor, and appropriate treatment, transfer to an
appropriate health care facility, or both shall be provided without any
avoidable delay. In no event shall emergency behavioral symptoms of residents
be treated with sedative medications, anti-psychotic medications, anti-anxiety
medications, or other psychoactive medications in an assisted living
facility.
(h) Resident Abuse,
Neglect, and Exploitation. Each facility shall develop and implement a policy
and procedure to protect each resident of the facility from abuse, neglect, and
exploitation. The facility shall ensure that all staff can demonstrate an
understanding of what constitutes abuse, neglect, and exploitation, and shall
ensure that all staff understands his or her responsibility to immediately
report suspected, alleged, confessed, witnessed, or actual incidents of abuse,
neglect, or exploitation of a resident to the administrator. When abuse,
neglect, or exploitation is suspected, alleged, confessed, witnessed, or actual
the facility shall conduct and document a thorough investigation and take
appropriate action to prevent further abuse. All allegations, suspicions,
confessions, witnessed, or actual incidents shall be reported to the Assisted
Living Unit of the Alabama Department of Public Health and to the victim's
sponsor or responsible family member within 24 hours. Suspected, alleged,
confessed, witnessed, or actual abuse, neglect, or exploitation of a resident
shall be reported to the Department of Human Resources or law enforcement in
accordance with Code of Ala. 1975, Section
38-9-8. At any time that a
resident has been the victim of sexual assault or sexual abuse perpetrated by a
staff member or visitor, local law enforcement authorities shall be immediately
notified.
(i) Laboratory Tests. Any
facility conducting or offering laboratory tests for its residents, including
routine blood glucose monitoring, shall comply with federal law, and
specifically with the applicable requirements of the federal Clinical
Laboratory Improvement Act (CLIA) as well as with applicable federal
regulations. This requirement in some cases would require the facility to
obtain a CLIA certificate, and in other cases would require the facility to
obtain a CLIA waiver. For more information about CLIA requirements, a facility
may contact the department, Bureau of Health Provider Standards. For testing or
monitoring requiring blood, either the resident must draw his or her own blood
or the blood must be drawn by a physician, an R.N. or L.P.N., or a phlebotomist
from a licensed Independent Clinical Laboratory. Blood and blood products,
needles, sharps, and other paraphernalia involved in collecting blood must be
handled in a manner consistent with requirements of the federal Occupational
Safety and Health Administration (OSHA). Personnel handling such materials must
be vaccinated against blood borne diseases if such vaccinations are required by
OSHA. Blood, blood products, needles, sharps, and other paraphernalia involved
in collecting blood shall be treated as medical waste and shall be disposed of
in a manner compliant with the requirements of the State of Alabama Department
of Environmental Management.
(4)
Personal Care and Services.
The facility shall provide care and services consistent with community
standards.
(a) Portions of residents' records
necessary for staff to provide care, including the plans of care and relevant
portions of the medical examination records and admission records, shall be
accessible to the direct care staff at all times.
(b) Plan of Care. There shall be a written
plan of care developed for each resident prior to or at the time of admission.
The plan of care shall be based on the initial medical examination, diagnoses,
and recommendations of the resident's treating physician. The plan of care
shall be reviewed and updated based on the annual examination, and all other
physician examinations, diagnoses, and recommendations of the resident's
treating physician, and the resident's monthly assessments. The plan of care
shall be developed and updated in cooperation with the resident and, if
appropriate, the sponsor. All entries on the plan of care shall be accurately
dated.
1. The plan shall at all times reflect
the current condition of the resident and document the personal care and
services required from the facility by the resident. In addition to other items
that may be required by the facility's own policies and procedures, the plan of
care shall contain the following:
2. A listing of the resident's individual
needs or problems that require intervention by the facility.
3. A listing of interventions provided by the
facility to address the resident's identified needs or problems.
4. A copy of any outside provider's
certification and plan of care, such as the current Home Health Certification
and Plan of Care for each resident receiving care from an outside
provider.
5. Activities of Daily
Living. Residents of assisted living facilities shall be assisted and
encouraged to maintain a clean, well-kept personal appearance. Each facility
shall provide all needed assistance with activities of daily living to each
resident.
(i) Bathing. Residents shall be
offered a bath or partial bath or shall be assisted with a bath or partial bath
daily, and more often when necessary or requested.
(ii) Oral Hygiene. Residents shall be
assisted with oral hygiene to keep mouth, teeth, or dentures clean. Measures
shall be used to prevent dry, cracked lips.
(iii) Hair. Resident's hair shall be kept
clean, neat, and well groomed.
(iv)
Manicure. Fingernails and toenails shall be kept clean and trimmed.
(v) Shaving. Men shall be assisted with
shaving or shaved as necessary to keep them clean and well groomed.
(vi) Personal Safety. Residents shall be
provided assistance with personal safety.
6. As changes in medication and personal
services become necessary, the plan of care shall be promptly updated and all
changes shall be documented.
(c) The facility shall offer appropriate
activity programs to each resident, maintaining supplies and equipment as
necessary to implement the activity programs. Every day the facility shall
provide activities appropriate to each resident.
(d) Pets residing at the facility or used in
activity programs shall be in good health and shall have current vaccinations
as required by law. Vaccination certificates, or copies of vaccination
certificates, shall be kept on file at the facility to demonstrate compliance
with this requirement.
(e) Mail,
Telegrams, and Other Communications.
1.
Incoming mail, telegrams, and other written communications addressed to the
resident shall be delivered to the resident unopened. Outgoing mail shall be
promptly delivered to regular postal channels upon receipt from the resident.
Residents shall be permitted to place and receive telephone calls at the
facility in complete privacy.
2.
Personnel of the facility shall assist residents with communications, such as
writing letters or assisting with writing letters, or reading mail out loud if
requested to do so.
(f)
Appointments. Residents shall be assisted in making and keeping
appointments.
(5)
Medications.
(a) Medications as
defined in these rules, may be administered to a resident of an assisted living
facility only after the drugs have been prescribed specifically for the
resident by an individual currently licensed to prescribe medications in
Alabama. A currently licensed physician in good standing with the Medical
Licensure Commission of any state may prescribe medications to a resident of an
assisted living facility only during the initial physical
examination.
(b) A physician order
is required for a resident to manage and have custody of his or her own
medications.
(c) A resident may
have custody of and manage over the counter topical medications with the
written approval of a physician. A physician order is not required for over the
counter topical medications that are self-administered by residents and
approved by the physician for resident possession.
(d) Nothing in these rules shall preclude a
facility from using a licensed nurse employed by the facility or nursing agency
to administer medication to any resident. An R.N. or L.P.N. shall administer
medications to residents in the assisted living facility only in accordance
with physician orders and the Nurse Practice Act.
(e) A resident who is incapable of
recognizing his or her name, or understanding the facility unit dose medication
system, or does not have the ability to protect himself or herself from a
medication error shall require medication administration. Medication
administration shall be provided only by a physician or by an R.N. or L.P.N. If
the resident cannot understand or be trained to understand the unit dose
medication system used by the facility or cannot protect himself or herself
from medication errors by facility staff, the resident will be appropriately
discharged.
(f) A resident may
self-manage his or her medications. For the purposes of these rules,
self-manage shall mean the resident is capable of maintaining possession and
control of his or her medications, who does maintain possession and control of
his or her medications, and self-administers his or her medications without
creating an unreasonable risk to health and safety.
(g) A resident that cannot self-manage his or
her own medication without creating an unreasonable risk to health and safety
may be assisted with self-administration of medication by any assisted living
facility staff, including staff members who hold no professional licensure
provided:
1. The resident can and does
identify his or her name on the medication package and has a reasonable
understanding of the unit dose packaging system in use by the facility such
that the resident could protect himself or herself from medication errors when
unit dose packages are brought to the resident by facility staff. The resident
shall have the opportunity to demonstrate his or her ability to correctly
utilize the unit dose package system at every opportunity for medication
use.
(6)
Assistance with self-administration of medication includes the following
practices:
(a) Reminding a resident
that it is time to take a medication or medications, where such medications
have been prescribed for a specific time of day, a specific number of times per
day, specific intervals of time, or for a specific time in relation to
mealtimes or other activities such as arising from bed or retiring to
bed.
(b) Physically assisting a
resident by opening or helping to open a container holding
medications.
(c) Offering liquids
to a resident to assist that resident in ingesting oral medications.
(d) Physically bringing a container of
medication to a resident.
(7)
Assistance with self-administration
of medications shall under no circumstances include any of the following
practices:
(a) Medication
administration as defined in these rules.
(b) Determining the amount of medication to
be given. If a medication is not available in unit dose packaging, unlicensed
facility staff may measure the prescribed amount of medication only under the
direction and control of the resident, provided that the resident is capable of
determining the amount of medication to be given.
(c) Giving a resident injections of any
kind.
(d) Telling or reminding a
resident that it is time to take a PRN, or as needed medication.
(e) Placing medications in a feeding
tube.
(f) Giving enemas or
suppositories.
(g) Crushing or
splitting medications, provided that a physician has ordered a specific
medication to be crushed or split and the resident is capable of self-managing
his or her own medication or the resident is capable of medication
self-administration with assistance and would be capable of crushing or
splitting his or her own medications but for limitations of mobility or
dexterity, may be assisted with crushing or splitting medications by unlicensed
staff so long as the assistance provided is under the total control and
direction of the resident. If the facility chooses to offer this assistance,
the facility shall develop and implement a policy and procedure to ensure safe
practices by facility staff.
(h)
Mixing medications with food or liquids, provided that a physician has ordered
a medication to be mixed with food or liquid and the resident is capable of
self-managing his or her own medications or the resident is capable of
medication self-administration with assistance and would be capable of mixing
his or her own medications with food or liquid but for limitations of mobility
or dexterity, may be assisted with mixing medications with food or liquid by
unlicensed staff so long as the assistance provided is under the total control
and direction of the resident. If the facility chooses to offer this
assistance, the facility shall develop and implement a policy and procedure to
ensure safe practices by facility staff.
(i) Assisting with self-administration of eye
drops, eardrops, nose drops, inhalers, nebulizers, or topical medications,
provided that a resident who is capable of self-managing his or her own
medication or a resident who is capable of medication self-administration with
assistance and who would be capable of self-administration of his or her own
medications but for limitations of mobility or dexterity, may be assisted with
eye drops, ear drops, nose drops, inhalers, nebulizers, or topical medications
by unlicensed facility staff so long as the assistance provided is under the
total control and direction of the resident. If the facility chooses to offer
this assistance, the facility shall develop and implement a policy and
procedure to ensure safe practices by facility staff.
(j) All medications administered to residents
and all medications self-administered with assistance of facility staff in an
assisted living facility shall be contemporaneously recorded on a standard
medication administration or medication assistance record. "Contemporaneously
recorded" means recorded at the same time or immediately after medications are
administered. The medication administration or medication assistance record
shall include at least the following:
1. The
name of the resident to whom the medication was administered or
assisted.
2. The name of the
medication administered or assisted.
3. The dosage of the medication administered
or assisted.
4. The method of
administration or assistance.
5.
The site of injection or application, if the medication was injected or
applied.
6. The date and time of
the medication administration or assistance.
7. Any adverse reaction to the
medication.
8. The printed name,
initials, and written signature of the individual administering the medication
or assisting the resident with self-administration of the medication.
(k) Medications kept under the
control or custody of an assisted living facility shall be packaged by the
pharmacy and shall be maintained by the facility in unit dose packaging.
Medications kept under the control or custody of an assisted living facility
that are not available in unit dose packaging must be packaged by the pharmacy
and administered by a physician, R.N., or L.P.N. or self-administered with
assistance under the total control and direction of the resident.
(l) Unless a resident can and does
self-manage his or her own medications, an assisted living facility shall
require each resident to use a single pharmacy. This does not apply to
emergency pharmacy services. All residents need not use the same pharmacy that
is used by other residents unless express policy of the assisted living
facility provides otherwise and all residents are informed of such policy and
provided a copy of such policy prior to or at the time of admission. The
assisted living facility shall require pharmacies used for medication supply
for residents not self-managing their medications to review all ordered
medication regimens for possible errors or adverse drug interactions and to
advise the facility and the prescribing health care provider when these are
detected.
(m) If controlled
substances prescribed for residents of any assisted living facility are kept in
the custody of the assisted living facility, they shall be stored in a manner
that is compliant with state and federal laws, the requirements of the Alabama
State Board of Pharmacy, and any requirements prescribed by the State Board of
Health. At a minimum, controlled substances in the custody of the facility
shall be stored using a double lock system, under proper temperature and
humidity controls and permit only authorized personnel access. The facility
shall maintain a system to account for all controlled substances in its
possession. All other medications in the custody of the facility shall be
stored using at least a single lock, under proper temperature and humidity
controls and permit only authorized personnel access. This shall include
medications stored in a resident's room when the staff and not the resident
have access to the medications. Medications may be kept in the custody of an
individual resident who can safely manage his or her medications. Such
medications may be stored in a locked container accessible only to the resident
and staff, or may be stored and secured in the resident's living quarters, if
the room is single occupancy and has a locking entrance.
(n) Medication administration or medication
assistance records and written physician orders for all over-the-counter drugs,
legend drugs, and controlled substances shall be retained for a period of not
less than three years. They shall be made available for inspection at
reasonable times by residents, anyone authorized by the resident, and by the
sponsors of residents.
(o) Labeling
of Drugs and Medicines. All containers of prescribed medicines and drugs shall
be labeled in accordance with the rules of the Alabama State Board of Pharmacy
and shall include appropriate cautionary labels, such as, "Shake Well," or "For
External Use Only."
(8)
Disposal of Medications.
1.
Controlled substances and legend drugs dispensed to residents, that are expired
or unused because the medication is discontinued or because the resident dies,
shall be destroyed within 30 days. Unused legend drugs that are not expired may
be donated to a charitable clinic pursuant to Alabama Administrative Code,
Chapter 420-11-11. Under no circumstances should expired, discontinued, or
unused medications be stored or housed in the facility beyond 30
days.
2. Medications of residents
who are discharged or transferred to another facility shall be returned to the
residents. The responsible party will sign a statement that these medications
have been received. The statement shall list the pharmacy, prescription number,
date, resident's name and strength of the medication, and the amount. This
statement shall be maintained in a file for at least 3 years.
3. When medications are destroyed on the
premises of the assisted living facility, a record shall be made and retained
for at least 3 years. This record shall include: the name of the assisted
living facility, the method of disposal, the pharmacy, the prescription number,
the name of the resident, the name, strength, and dosage of the medication, and
the amount and the reason for the disposal. This record shall be signed and
dated by the individual performing the destruction and by at least one
witness.
(9)
Oxygen Therapy.
(a) A resident of
an assisted living facility that requires oxygen therapy shall self-manage his
or her own oxygen therapy or self-administer his or her own oxygen therapy with
assistance of facility staff. A resident that cannot safely self-manage or
self-administer his or her own oxygen therapy with assistance shall have oxygen
administered only by a physician, R.N., or L.P.N. A resident that cannot direct
his or her administration of oxygen and cannot be taught to direct his or her
administration of oxygen shall be appropriately discharged.
(b) Oxygen use including date, time, rate,
and proper function of the equipment shall be documented on the medication
administration or medication assistance record at least once per shift unless
oxygen therapy is self-managed by the resident.
(c) If a resident receives oxygen therapy in
a facility:
1. All oxygen equipment, such as
tubing, masks, and nasal cannula shall be maintained in a safe and sanitary
condition.
2. All oxygen tanks
shall be safely maintained and stored.
3. The facility shall require safe use of
oxygen therapy. No smoking and appropriate precautionary signs shall be
posted.
4. The facility shall
ensure that each resident using oxygen therapy maintains an adequate supply of
oxygen. Refer to National Fire Protection Association (NFPA) 99 for oxygen
storage requirements.
(10)
Storage of Medical
Supplies. First Aid Supplies. First aid supplies shall be maintained in
a place readily accessible to persons providing personal care and services in
the assisted living facility. These supplies shall be inspected at least
annually to ensure their usability.
(11)
Admission and Retention of
Residents. Residents admitted to and retained in assisted living
facilities must meet all eligibility and continued stay requirements specified
in these rules.
(a) Admission
1. An assisted living facility shall not
admit any individual who:
(i) Is receiving or
requires skilled nursing care.
(ii)
Has a wound that requires care beyond basic first aid.
(iii) Lacks the ability to make decisions
related to personal safety.
(iv)
Cannot direct his or her care.
(v)
Has behaviors that may be dangerous to themselves or others.
(vi) Cannot safely self-manage medications or
self-administer medications with assistance.
(vii) Is receiving or in need of hospice
services.
(viii) Cannot safely
reside in the facility unless his or her egress from the facility is
restricted.
(ix) Is diagnosed with
acute infectious pulmonary disease, such as influenza, or active tuberculosis,
or with other diseases capable of transmission to other individuals through
normal person-to-person contact.
(b) Retention
1. An assisted living facility shall not
allow any resident to return to the assisted living facility from a higher
level of care if that resident requires care that exceeds the level of care the
facility is licensed to provide or the facility is capable of
providing.
2. An assisted living
facility shall not retain a resident that has symptoms or behaviors that
infringe on the rights or safety of residents currently in the
facility.
3. Residents who have
unmanageable behaviors or behaviors that may be dangerous to themselves or
others shall not be retained in an assisted living facility.
4. An assisted living facility shall not
retain a resident who requires medical or skilled nursing care which is
expected to exceed 90 days unless:
(i) The
individual is capable of performing and does perform all tasks related to his
or her own care; OR
(ii) The
individual is incapable of performing some or all tasks related to his or her
own care due to limitations of mobility or dexterity BUT the individual has
sufficient cognitive ability to direct his or her own care AND the individual
is able to direct others and does direct others to provide the physical
assistance needed to complete such tasks, AND the facility staff is capable of
providing such assistance and does provide such assistance. If the facility
chooses to offer this assistance, the facility shall develop and implement a
policy and procedure to ensure safe practices by facility staff.
5. If a resident of an assisted
living facility is diagnosed with a terminal illness other than dementia and
requires hospice care, the resident may be admitted to a properly licensed and
certified hospice program. A resident receiving hospice care may remain in the
facility beyond 90 days. If the facility is unable or becomes unable to meet
the needs of a resident receiving hospice care, or if a resident receiving
hospice care requires care beyond what the facility may lawfully provide
pursuant to this section, then the facility shall promptly make arrangements to
discharge or transfer the resident to a safe and appropriate placement in
accordance with the discharge procedures and prearranged plan required by these
rules for assisted living facilities.
The facility would in all cases remain responsible for ensuring
the appropriate delivery of care and must take all necessary steps to ensure
that care needed by a resident is delivered to the resident.
6. All skilled services provided in the
facility, such as but not limited to wound care or insertion of a urinary
catheter, shall be provided by the staff of properly licensed or certified
agencies. Skilled services shall not be delegated to facility staff.
7. Residents that develop acute infectious
pulmonary disease, such as active tuberculosis, or other diseases capable of
transmission to other individuals through normal person-to-person contact shall
be immediately transferred to an appropriate level of care until certified by a
physician to be free of a contagious condition.
8. No assisted living facility shall be
operated in whole or in part in a manner that prevents free and unhindered
egress from the facility by any of its residents.
9. An assisted living facility shall not
retain any resident who cannot safely reside in the facility unless his or her
egress from the facility is restricted.
(12)
Resident Transport. If a
resident is unable to ride in an upright position or if such resident's
condition is such that he or she needs observation or treatment by an emergency
medical service provider (EMSP), or if the resident requires transportation on
a stretcher, gurney, or cot, the facility shall arrange or request
transportation services only from providers who are ambulance service operators
licensed by the State Board of Health. If such resident is being transported to
or from a health care facility in another state, transportation services may be
arranged with a transport provider licensed as an ambulance service operator in
that state. For the purposes of this rule, an upright position means no more
than 20 degrees from vertical.
Authors: Rick Harris, Kelley Mitchell, Walter
Geary
Statutory Authority:
Code of Ala.
1975, §§22-21-20,
et
seq.