Louisiana Administrative Code
Title 48 - PUBLIC HEALTH-GENERAL
Part I - General Administration
Subpart 1 - General
Chapter 13 - DHH Policy on Reporting Alleged Abuse, Neglect, Mistreatment and Deaths of Gary W. Class Members
Section I-1311 - Employee Discipline
Universal Citation: LA Admin Code I-1311
Current through Register Vol. 50, No. 9, September 20, 2024
A. Responsibility and authority for imposition of discipline rests with the facility administrator.
B. Each facility shall maintain and disseminate to its employees a written policy which shall include the following:
1. a clear
prohibition of abuse/neglect of residents as those terms are defined
herein;
2. the concept of
progressive discipline. This means that except in instances of extremely
serious or repeated misconduct, discipline should focus on providing additional
training or support for staff along with disciplinary measures short of
termination (e.g. probation, suspension) rather than seeking termination of the
employee as the first option;
3.
measures to protect class members from an employee suspected of abuse/neglect
during the pendency of any investigation. Such measures may include suspension,
removing the employee from contact with and/or responsibility for the class
member, transferring the employee to another facility or other measures as may
be appropriate for the circumstance;
4. a requirement that final disciplinary
action, if any, be taken within 48 hours of receipt of the investigation
report, unless an employee admits responsibility for an incident of abuse/
neglect or other compelling circumstances warrant immediate final action. Final
disciplinary action should generally await the receipt of the investigation
report.
AUTHORITY NOTE: Promulgated in accordance with Gary W., et al., vs. State of Louisiana, Civil 'Action 74-2412.
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