Code of Massachusetts Regulations
105 CMR - DEPARTMENT OF PUBLIC HEALTH
Title 105 CMR 158.000 - Licensure of Adult Day Health Programs
Section 158.032 - Adult Day Health Staffing Requirements

Universal Citation: 105 MA Code of Regs 105.158

Current through Register 1531, September 27, 2024

(A) A Program shall ensure adequate staff are on duty at all times so that the health, safety, and care needs of each participant are met.

(B) Licensed Nursing Staff.

(1) All Programs shall provide sufficient, licensed nursing staff to ensure that preventive measures, treatments, medications, nutritional care, rehabilitation services, therapeutic activities, and related services are carried out, recorded, and reviewed, in accordance with participant assessments and plans of care.
(a) A Program must ensure licensed nursing staff are on-site for a minimum of eight hours per day, four of which must be provided by a registered nurse. The balance of the coverage may be provided by a licensed practical nurse.

(b) When the census reaches 35 members or more, the Program must provide nursing coverage on-site for a minimum of 12 hours per day, four hours of which must be provided by a registered nurse.

(c) When the census reaches 50 members or more, the Program must provide nursing coverage on-site for a minimum of 16 hours per day, eight hours of which must be provided by a registered nurse.

(d) When the census reaches over 75 members, the Program must increase the nursing coverage in proportion to the requirements listed in 105 CMR 158.032(B)(1)(a) through (d).

(2) When a registered nurse is absent from the Program due to vacation or other temporary circumstances, the Program shall designate a licensed nurse to fulfill the nursing duties within the designee's scope of practice to act as a relief nurse in accordance with Department guidance.

(C) Program Aide Staff.

(1) A Program shall provide at least one qualified Program Aide per 12 participants attending the Program.

(2) A Program shall ensure a sufficient number of qualified Program Aide staff are available at all times to provide necessary supervision and assistance for each participant in accordance with participant needs and plans of care, written policies and procedures, and 105 CMR 158.000.

(3) Licensed nursing staff shall supervise Program Aides.

(D) Service Coordination Staff. A Program with a licensed program capacity of 24 or more participants shall provide a social worker or other staff person who is appropriately licensed or supervised pursuant to 258 CMR 12.00: Scope of Practice for at least 20 hours per week.

(E) Therapeutic Activity Director. A Program shall provide a therapeutic activity director who is on-site at least four hours per day.

(F) Dietary Staff.

(1) Registered Dietitian. A Program shall provide a registered dietitian to monitor dietary services. A registered dietitian shall be on-site for a minimum of four hours every six months.

(2) Qualified Cook. A Program that prepares meals on-site shall employ a qualified cook. A Program shall ensure the qualified cook is available on-site for a sufficient number of hours to effectively manage all aspects of the meal service and kitchen functions.

(3) A Program shall provide sufficient numbers of adequately trained personnel to plan, prepare, and serve the proper diets to participants. All dietary staff shall be 18 years of age or older.

(G) Direct Care Staff.

(1) A Program shall provide at least one direct care staff person per six participants attending the Program.

(2) A Program shall ensure a sufficient number of qualified direct care staff are available at all times to provide necessary care, supervision, and assistance for each participant in accordance with participant assessed needs, plans of care, written policies and procedures, and 105 CMR 158.000.

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