Current through Register Vol. 51, No. 3, September 1, 2024
RELATES TO:
KRS
194A.050,
216.532,
216.789,
216.936,
216B.040,
314.011(5),
(9),
42 C.F.R.
483.75(q),
483.160,
488.301
NECESSITY, FUNCTION AND CONFORMITY:
KRS
216B.042(1) requires the
Cabinet for Health and Family Services to establish licensure standards to
ensure safe, adequate, and efficient health care facilities.
KRS
216B.075 requires the cabinet to promulgate
administrative regulations respecting application and review procedures to
comply with any federal laws and regulations promulgated thereunder.
42 C.F.R.
483.35(h) authorizes the
state agency to develop an approved training and practical skills program that
establishes standards for paid feeding assistants and mandates supervision by a
registered nurse or licensed practical nurse. This administrative regulation
establishes certification requirements for the employment of paid feeding
assistants in licensed nursing facilities and skilled nursing facilities to
assist residents who only need encouragement or minimal assistance during
mealtime.
Section 1. Definitions.
(1) "Complicated feeding problem" means a
condition that requires supervision and assistance by a licensed nurse or
certified nurse aide and includes:
(a)
Difficulty with swallowing;
(b)
Recurrent lung aspiration;
(c)
Assistance through tube or parenteral/IV feedings; or
(d) Any other condition requiring the
assistance of a licensed nurse or a certified nurse aide.
(2) "Licensed practical nurse" is defined by
KRS
314.011(9).
(3) "Nursing facility" means a facility that
is licensed under
902 KAR
20:300.
(4) "Paid feeding assistant" means a person
who has completed the training and received a satisfactory score on the
examination required by this administrative regulation and is employed or
contracted by a nursing facility or skilled nursing facility to provide feeding
assistance to a resident who does not have a complicated feeding
problem.
(5) "Registered nurse" is
defined by
KRS
314.011(5).
(6) "Skilled nursing facility" means a
facility that is licensed under 902 KAR 20:026.
Section 2. Use of a Paid Feeding Assistant.
(1) A licensed nursing facility or skilled
nursing facility may employ a paid feeding assistant on a full- or part-time
basis to assist with feeding a resident who shall:
(a) Not have a complicated feeding problem;
and
(b) Be approved to receive the
assistance based on the charge nurse's assessment and the most recent resident
assessment and plan of care.
(2) A paid feeding assistant shall:
(a) Have successfully completed the training
established in Section 3 of this administrative regulation;
(b) Have received orientation from the
facility employing the paid feeding assistant that covers the following
facility-specific areas:
1. Confidentiality of
resident care and records;
2.
Monitoring resident nutrition intake and output;
3. Emergency procedures;
4. Specific needs of the resident who will be
assisted;
5. Use of the facility's
emergency call system; and
6. Laws
pertaining to resident abuse, neglect, and exploitation of a resident's
property;
(c) Work under
the supervision of a registered nurse or licensed practical nurse;
and
(d) Not be employed if
employment is prohibited by
KRS
216.532,
216.936,
or
216.789.
(3) In a medical emergency
involving a resident who is being assisted by a paid feeding assistant, the
paid feeding assistant shall immediately utilize the resident call system to
summon the assistance of a supervisory nurse.
(4) Before a facility employs a paid feeding
assistant who received training from another individual or entity, the facility
shall:
(a) Contact the individual or entity
that provided the training and document verification that the feeding assistant
successfully completed the training required by Section 3 of this
administrative regulation;
(b)
Require the feeding assistant to retake and successfully pass the written and
skills competency test; and
(c)
Issue the feeding assistant a new certificate of training.
(5) The facility shall maintain a current
list of residents who are approved to receive feeding assistance from a paid
feeding assistant.
(6) A feeding
assistant who is seeking employment and who has not been employed during the
prior two (2) years as a paid feeding assistant shall be required to repeat and
successfully complete the training and pass the examination before assisting a
resident with feeding.
(7) A
facility shall provide quarterly in-service training for paid feeding
assistants concerning:
(a) Amendments to this
administrative regulation; and
(b)
Changes in pertinent facility policies and procedures.
Section 3. Training Program.
(1) A paid feeding assistant shall receive a
minimum of eight (8) hours training in the current version of the curriculum
published by the Cabinet for Health and Family Services, Office of Inspector
General, entitled "Kentucky Paid Feeding Assistant Manual".
(2) Review of all curriculum material, a
score of seventy-five (75) percent or greater on the written examination, and a
score of 100 percent on the skills competency test established in the
curriculum shall be required to successfully complete the paid feeding
assistant training.
(3) The
training shall include information on:
(a)
Feeding techniques;
(b) Assistance
with feeding and hydration;
(c)
Communication and interpersonal skills;
(d) Appropriate responses to resident
behavior;
(e) Safety and emergency
procedures, including the Heimlich maneuver;
(f) Infection control;
(g) Resident rights; and
(h) Recognition of changes in the condition
of a resident which are inconsistent with the resident's normal behavior and
the importance of reporting changes to a supervisory nurse.
(4) The training shall be
conducted by:
(a) A registered nurse;
or
(b) A licensed practical nurse
working under the supervision of a registered nurse.
(5) Before conducting paid feeding assistant
training, the nurse shall:
(a) Read the
"Kentucky Paid Feeding Assistant Manual";
(b) Complete the instructor assessment in
Section 15 of the "Kentucky Paid Feeding Assistant Manual"; and
(c) Complete the instructor attestation form
in Section 15 of the "Kentucky Paid Feeding Assistant Manual".
(6) A person who has successfully
completed training and passed the examination shall be issued a certificate of
training as established in Section 15 of the "Kentucky Paid Feeding Assistant
Manual".
(7) A facility shall
maintain a record of training and certification for all persons employed by the
facility as paid feeding assistants.
(a) The
documentation shall include:
1. Name and
Social Security number of the person trained;
2. Name of the person who conducted the
training;
3. Test scores of the
written and skills competency tests;
4. Date of training;
5. Duration of training;
6. Location of training; and
7. Documentation of the successful completion
of the training course for paid feeding assistants.
(b) A complete and accurate copy of the
training and certification records pertaining to each paid feeding assistant
employed by the facility shall be maintained on site and be available for
inspection by representatives from the Office of Inspector General, and shall
be maintained for at least three (3) years following the last day of the paid
feeding assistant's employment.
Section 4. Incorporation by Reference.
(1) "Kentucky Paid Feeding Assistant Manual",
April 2004 edition, is incorporated by reference.
(2) This material may be inspected, copied,
or obtained, subject to applicable copyright law, at the Office of Inspector
General, 275 East Main Street, 5E-A, Frankfort, Kentucky 40621, Monday through
Friday, 8:00 a.m. to 4:30 p.m.
STATUTORY AUTHORITY:
KRS
194A.050(1),
216B.042(1),
216B.075,
42 C.F.R.
483.35(h)