Current through Register Vol. 47, No. 6, September 18, 2024
(1)
Resident record. The licensee shall keep a permanent record on
all residents admitted to a specialized residential care facility with all
entries current, dated, and signed. (Ill) The record shall include:
a. Name and previous address of resident;
(III)
b. Birth date, sex, and
marital status of resident; (III)
c. Church affiliation; (III)
d. Primary care provider's name, telephone
number, and address; (III)
e.
Dentist's name, telephone number, and address; (III)
f. Name, address, and telephone number of
next of kin or legal representative; (III)
g. Name, address, and telephone number of
person to be notified in case of emergency; (III)
h. Mortuary's name, telephone number, and
address; (III)
i. Pharmacist's
name, telephone number, and address; (III)
j. Physical examination and medical history;
(III)
k. Certification by the
primary care provider that the resident requires no more than personal care and
supervision, but does not require nursing care; (III)
l. Primary care provider's orders for
medication, treatment, and diet in writing and signed by the primary care
provider; (III)
m. A notation of
yearly or other visits to primary care provider or other professional services;
(III)
n. Any change in the
resident's condition; (II, III)
o.
If the primary care provider has certified that the resident is capable of
taking prescribed medications, the resident shall be required to keep the
administrator advised of current medications, treatments, and diet. The
administrator shall keep a listing of medication, treatments, and diet
prescribed by the primary care provider for each resident; (III)
p. If the primary care provider has certified
that the resident is not capable of taking prescribed medication, it must be
administered by a qualified person of the facility. A qualified person shall be
defined as either a registered or licensed practical nurse or an individual who
has completed the state-approved training course in medication administration,
including a medication manager or certified medication aide; (II)
q. Medications administered by an employee of
the facility shall be recorded on a medication record by the individual who
administers the medication; (II, III)
r. A notation describing the resident's
condition on admission, transfer, and discharge; (III)
s. In the event of a resident's death,
notations in the resident's record shall include the date and time of the
resident's death, the circumstances of the resident's death, the disposition of
the resident's body, and the date and time that the resident's family and
primary care provider were notified of the resident's death; (III)
t. A copy of instructions given to the
resident, legal representative, or facility in the event of discharge or
transfer; (III)
u. Disposition of
valuables; (III)
v. Current
individual program plans. (II, III)
(2)
Confidentiality of resident
records.
a. Each resident shall be
ensured confidential treatment of all information contained in the resident's
records. The resident's written consent shall be required for the release of
information to persons not otherwise authorized under law to receive it.
(II)
b. The facility shall limit
access to any medical records to staff and consultants providing professional
service to the resident. This is not meant to preclude access by
representatives of state and federal regulatory agencies. (II)
c. Similar procedures shall safeguard the
confidentiality of residents' personal records, e.g., financial records and
social services records. Only those personnel concerned with the financial
affairs of the residents may have access to the financial records. This is not
meant to preclude access by representatives of state and federal regulatory
agencies. (II)
d. The resident or
the resident's responsible party shall be entitled to examine all information
contained in the resident's record and shall have the right to secure full
copies of the record at reasonable cost upon request, unless the primary care
provider determines the disclosure of the record or section thereof is
contraindicated in which case this information will be deleted before the
record is made available to the resident or responsible party. This
determination and the reasons for it must be documented in the resident's
record. (II)
(3)
Incident record.
a. Each
residential care facility shall maintain an incident record report and shall
have available incident report forms. (II, III)
b. Report of incidents shall be in detail on
an incident report form. (Ill)
c.
The person in charge at the time of the incident shall oversee the preparation
of and sign the incident report. The administrator or designee shall review,
sign and date the incident report within 72 hours of the accident, incident or
unusual occurrence. (II, III)
d. An
incident report shall be completed for every accident or incident where there
is apparent injury or where an injury of unknown origin may have occurred.
(II)
e. An incident report shall be
completed for every accident, incident or unusual occurrence within the
facility or on the premises that affects a resident, visitor, or employee. (II,
III)
f. A copy of the incident
report shall be kept on file in the facility. (II, III)
(4)
Retention of records.
a. Records shall be retained in the facility
for five years following the termination of services to a resident.
(Ill)
b. Records shall be retained
within the facility upon change of ownership. (Ill)
c. When the facility ceases to operate, a
copy of the resident's record shall be released to the facility to which the
resident is transferred. (Ill)
d.
When the facility ceases to operate, records shall be maintained for five years
in a clean, dry secured storage area. (Ill)
(5)
Electronic records. In
addition to the access provided in 481-subrule 50.10(2), an authorized
representative of the department shall be provided unrestricted access to
electronic records pertaining to the care provided to the residents of the
facility. (II, III)
a. If access to an
electronic record is requested by the authorized representative of the
department, the facility may provide a tutorial on how to use its particular
electronic system or may designate an individual who will, when requested,
access the system, respond to any questions or assist the authorized
representative as needed in accessing electronic information in a timely
fashion. (II, III)
b. The facility
shall provide a terminal where the authorized representative may access
records. (II, III)
c. If the
facility is unable to provide direct print capability to the authorized
representative, the facility shall make available a printout of any record or
part of a record on request in a time frame that does not intentionally prevent
or interfere with the department's survey or investigation. (II, III)
(6)
Reports to the
department. The licensee shall furnish statistical information
concerning the operation of the facility to the department on request.
(Ill)
(7)
Personnel
record.
a. Personnel records for
each employee shall be kept in accordance with subrule 63.8(4). (Ill)
b. The personnel records shall be made
available for review upon request by the department. (Ill)