Current through Register Vol. 50, No. 9, September 20, 2024
A. The
FSTRA shall establish procedures to assure written communication among staff to
ensure safety and continuity of services to all clients.
B. Direct care employees shall have access to
information concerning clients that is necessary for effective performance of
the employee's assigned tasks.
C.
Confidentiality and Security of Files. A FSTRA shall have written procedures
for the maintenance and security of records specifying who shall supervise the
maintenance of records, who shall have custody of records and to whom records
may be released.
D. The FSTRA shall
allow designated representatives of the department, in the performance of their
mandated duties, to inspect all aspects of the FSTRAs practices which impact
clients and to interview any staff member or client relevant or as required for
any survey or investigation.
1. The FSTRA
shall make any information or records that the facility is required to have and
any information reasonably related to assessment of compliance with these
requirements available to the department.
2. The client's rights shall not be
considered abridged by this requirement.
E. Procedures shall address the following.
1. Confidentiality of Records
a. The FSTRA shall maintain the
confidentiality of all clients' records. Employees of the facility shall not
disclose or knowingly permit the disclosure of any information concerning the
client or his/her family, directly, or indirectly, to any unauthorized
person.
b. The FSTRA may use
material from records for teaching and research purposes, if names are deleted
and other identifying information is disguised or deleted.
2. Release of Information
a. A FSTRA shall obtain the client's or legal
representative's written, informed permission prior to releasing any
information from which the client or his/her family might be identified, except
to the department.
b. Identifying
information may be given to appropriate authorities in cases of an
emergency.
c. The FSTRA shall have
a procedure by which representatives or family of clients is given an
opportunity to receive information about the individual client in care of the
facility.
3. Publicity
a. The FSTRA shall have written policies and
procedures regarding the photographing and audio or audiovisual recordings of
clients.
b. No client shall be
photographed or recorded without the client's prior informed, written consent.
Such consent cannot be made a condition for admission into, remaining in, or
participating fully in the activities of the facility.
i. Consent agreements shall clearly notify
the client of his/her rights under this regulation, shall specify precisely
what use is to be made of the photograph or recordings, and are valid for a
maximum of one year from the date of execution.
ii. Clients are free to revoke such
agreements at any time, either orally or in writing.
c. All photographs and recordings shall be
used in a way that respects the dignity and confidentiality of the
client.
F.
Personnel Policies. The FSTRA shall have written personnel policies that
include:
1. a plan for recruitment,
screening, orientation, ongoing training, development, supervision, and
performance evaluation of staff members;
2. written job descriptions for each staff
position including volunteers;
3.
policies which provide for staff, either contracted or directly employed, to
have a criminal background check, prior to offer of employment and, at least,
annually thereafter. Such policy shall be defined in the facility's policy and
procedures and in accordance with applicable state or federal laws;
4. policies which provide for staff, upon
offer of employment, to have a health assessment, as defined in the facilitys
policy and procedures. Such policies shall apply for any staff, either
contracted or directly employed.
a. these
policies shall, at a minimum, require that the FSTRAs staff, either contracted
or directly employed, have no evidence of active tuberculosis and be retested
on a time schedule as mandated by the Office of Public Health. Test results
dated within one year prior to the offer of employment are acceptable for
initial employment;
5.
policies which provide for any FSTRA staff, either contracted or directly
employed, who provide transportation of clients, to have a driving history
report upon hire and annually thereafter;
6. an employee grievance procedure;
7. abuse reporting procedures that require
all employees to report any incidents of neglect, abuse or mistreatment whether
that neglect abuse or mistreatment is done by another staff member, a family
member, a client, or any other person;
a.
these policies shall have, at a minimum, any reporting requirements to the
facility administration, and to the department, as applicable; and
8. a written policy to prevent
discrimination.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
28:31-28:37.