Current through Register Vol. 47, No. 6, September 18, 2024
(1) The personnel
policies and procedures shall include the following requirements:
a. Written job descriptions for all employees
or agreements for all consultants, which include duties and responsibilities,
education, experience, or other requirements, and supervisory relationships;
(III)
b. Annual performance
evaluations of all employees and consultants which are dated and signed by the
employee or consultant and the supervisor; (III)
c. Personnel records which are current,
accurate, complete and confidential to the extent allowed by law. The record
shall contain documentation of how the employee's or consultant's education and
experience are relevant to the position for which they were hired;
(III)
d. Roles, responsibilities,
and limitation of student interns and volunteers; (III)
e. An orientation program for all newly hired
employees and consultants which includes introduction to facility personnel
policies and procedures and a discussion of the safety plan. Subparagraphs
65.9(1)"f"(3), (5) and (9) shall be included; (II,
III)
f. A plan for a continuing
education program with a minimum of 12 in-service programs per year. There
shall be a written, individualized staff development plan implemented for each
employee. The plan shall take into consideration the duties of the employee and
the needs of the facility identified in the resume of care. The plan shall
ensure that each employee has the opportunity to develop and enhance skills and
to broaden and increase knowledge needed to provide effective resident care
including, but not limited to:
(1) First aid;
(II, III)
(2) Human needs and
behavior; (II, III)
(3) Problems
and needs of persons with mental illness; for example, diagnosis and treatment,
suicide assessment and prevention; (II, III)
(4) Medication; (II, III)
(5) Crisis intervention; for example, use of
restraints and seclusion; (II)
(6)
Delivery of services in accordance with the principles of normalization;
(III)
(7) Infection control and
wellness; (III)
(8) Fire safety,
disaster, and tornado preparation; (II, III) and
(9) Resident rights. (II, III)
g. Equal opportunity and
affirmative action employment practices; (III)
h. Procedures to be used when disciplining an
employee; (III) and
i. Appropriate
dress and personal hygiene for staff and residents. (Ill)
(2) There shall be written personnel policies
for each facility. Personnel policies shall include the following requirements:
a. Employees shall have a physical
examination before employment and at least every four years after beginning
employment. (Ill)
b. Screening and
testing for tuberculosis shall be conducted pursuant to 481-Chapter 59. (I, II,
III)
c. No one shall provide
services in a facility if the person has a disease:
(1) Which is transmissible through required
workplace contact; (I, II, III)
(2)
Which presents a significant risk of infecting others; (I, II, III)
(3) Which presents a substantial possibility
of harming others; (I, II, III)
(4)
For which no reasonable accommodation can eliminate the risk. (I, II, III)
Refer to Guideline for Infection Control in Hospital
Personnel, 1998, Centers for Disease Control, U.S. Department of Health and
Human Services, to determine (1), (2), (3) and (4).
d. There shall be written policies
for emergency medical care for employees in case of sudden illness or accident.
These policies shall include the administrative individuals to be contacted.
(Ill)
e. Health certificates for
all employees shall be available for review by the department. (Ill)
(3) Staffing. The facility shall
establish, subject to approval of the department, the numbers and
qualifications of the staff required in an ICF/PMI using as its criteria the
services being offered as indicated on the resume of care and as required for
implementation of individual program plans. (II, III)
a. Direct care staff. Direct care staff shall
be present in the facility unless all residents are involved in activities away
from the facility. The policies and procedures shall provide for an on-call
staff person to be available when residents and staff are absent from the
facility. (II, III)
(1) The on-call staff
person shall be designated in writing. (II, III)
(2) Residents or another responsible person
shall be informed of how to contact the on-call person. (II, III)
The staffing plan shall ensure that at least one qualified
direct care staff person is on duty to carry out and implement the individual
program plans. (II, III)
b. Qualified mental health professional. The
ICF/PMI shall, by direct employment or contract, provide for sufficient
services of a qualified mental health professional to attain or maintain the
highest practicable mental and psychosocial well-being of each resident.
Attainment shall be determined by resident assessment and individual plans of
care. (I, II, III) Responsibilities of the QMHP shall include, but not be
limited to:
(1) Approval of each resident's
individual program plan; (II, III)
(2) Monitoring the implementation of each
resident's individual program plan, including periodic personal contact; (II,
III) and
(3) Participation on each
resident's interdisciplinary team. (II, III)
c. Nursing staff. Each facility shall have
sufficient nursing staff to provide nursing and related services to attain or
maintain the highest practical physical, mental and psychosocial well-being of
each resident. Attainment shall be determined by resident assessments and
individual plans of care.
(1) The director of
nursing (DON) shall be a registered nurse who is employed by the facility at
least 40 hours per week. This person shall have two years' experience in direct
care or supervision of people with mental illness. (II, III)
(2) The facility shall provide 24-hour
service by licensed nurses, including at least one registered nurse on the day
tour of duty, seven days a week. (II, III)
(3) If the DON has other institutional
responsibilities, a qualified registered nurse shall serve as the DON's
assistant so there is the equivalent of a full-time nursing supervisor on duty.
(II, III)
(4) The department shall
establish, on an individual facility basis, the numbers and qualifications of
the staff required in the facility using as its criteria the services being
offered as indicated on the resume of care and as required for implementation
of individual program plans. (II, III)
(5) The DON shall not serve as charge nurse
in a facility with an average daily total occupancy of 60 or more residents.
(II, III)
(6) A waivered licensed
practical nurse shall not be allowed as a charge nurse on any shift. (II,
III)
(7) There shall be at least
two people capable of rendering nursing service awake, dressed, and on duty at
all times. (II, III)
d.
Activity staff. Each ICF/PMI shall employ a recreational therapist,
occupational therapist or activity coordinator to direct the activity program
both inside and outside the facility in accordance with each resident's
individual program plan. (Ill)
Staff for the activity program shall be based on the needs of
the residents being served as identified on the IPP. (Ill)
(1) The activity program director shall
attend workshops or educational programs which relate to activity programming.
These shall total a minimum often contact hours per year. (Ill)
(2) Personnel coverage shall be provided when
the activity program director is absent during scheduled activities.
(Ill)
(3) The activity program
director shall have access to all information about residents necessary to
carry out the program. (Ill)
e. Responsibilities of the activity program
director shall include:
(1) Coordinating all
activities, including volunteer or auxiliary activities and religious services;
(III)
(2) Ensuring that all records
required are kept; (III)
(3)
Coordinating the activity program with all other services in the facility;
(III) and
(4) Participating in the
in-service training program in the facility. This shall include attending as
well as presenting sessions. (Ill)
(4) Personnel record. A personnel record
shall be kept for each employee. (Ill)
a. The
record shall include the employee's:
(1) Name
and address, (III)
(2) Social
security number, (III)
(3) Date of
birth, (III)
(4) Date of
employment, (III)
(5) References,
(III)
(6) Position in the facility,
(III)
(7) Job description,
(III)
(8) Documentation of
experience and education, (III)
(9)
Staff development plan, (III)
(10)Annual performance evaluation, (II,
III)
(11)Documentation of
disciplinary action, (II, III)
(12)Date and reason for discharge or
resignation, (III) and
(13) Current
physical examination. (Ill)
b. The personnel records shall be made
available to the long-term care resident's advocate/ombudsman of the department
on aging in response to a complaint being investigated. (Ill)
(5) Employee criminal record
checks, child abuse checks and dependent adult abuse checks and employment of
individuals who have committed a crime or have a founded abuse. The facility
shall comply with the requirements found in Iowa Code section
135C.33
as amended by 2013 Iowa Acts, Senate File 347, and rule
481-50.9
(135C) related to completion of criminal record checks, child abuse checks, and
dependent adult abuse checks and to employment of individuals who have
committed a crime or have a founded abuse. (I, II, III)
This rule is intended to implement Iowa Code sections
135C.14(2)
and
135C.14(6).