Current through Register Vol. 56, No. 18, September 16, 2024
(a) The facility shall maintain personnel records
for each employee, including, but not limited to, the employee's name, address, Social Security number, proof
of identification, previous employment history (including verification), educational background, credentials
(including progress toward CDA, CADC, or LCADC), professional license number with effective date and date of
expiration (if applicable), certification (if applicable), verification of credentials, record of voluntarily
disclosed criminal convictions, results of criminal history background checks, records of physical
examinations, job descriptions, documentation of staff orientation and staff education received, and
evaluations of performance.
1. The facility shall complete performance
evaluations on staff a minimum of once per year after initial employment.
2. The program shall initiate State-level criminal history record
background checks supported by fingerprints no later than the time of hiring all staff, student interns and
volunteers.
3. Programs shall provide each staff member with a
photo identification card to include, at a minimum, the staff member's name, job title, degree and/or
certification.
4. The facility administrator shall make
reasonable efforts to ensure that staff are in good physical and mental health, emotionally stable, of good
moral character, concerned for the safety and well-being of clients, and have not been convicted of a crime
relating adversely to the person's ability to provide care or interact with clients and families, either
directly or indirectly, such as homicide, aggravated assault, kidnapping, sexual offenses, robbery, and
crimes against the family, children or incompetents, except where the applicant or employee with a criminal
history has demonstrated rehabilitation in order to qualify for employment. Such procedures for hiring
employees with past criminal histories, including, but not limited to, those above, shall be clearly written.
i. "Reasonable efforts" shall include, but need not be limited to, an
inquiry on the employment application, reference checks, and/or criminal history record background checks
where indicated or necessary.
5. Programs shall have a
policy governing the review of criminal convictions identified by criminal history background checks or
voluntary disclosure by prospective employees that shall include the process and standards by which
convictions are reviewed to determine if the nature and severity of the conviction(s) precludes consideration
for hiring. Such policy shall not preclude the hiring of persons with criminal convictions, but may
reasonably balance the type and severity of the crime, history of rehabilitation, and nature of
employment.
6. Programs shall document verification and
confirmation of licenses/certifications and educational degrees for all staff in accordance with program
policy and requirements established for the position by this chapter to determine that they are both current
and not under suspension or other sanction from any licensing or certifying authority, which would preclude
employment due to inappropriateness (that is, ethical violations) or lack of minimum
qualifications/requirements for the position.
(b) The
facility administrator shall establish written policies and procedures addressing the period of time during
which staff in recovery status are determined to be continuously substance (alcohol and/or other drug) free
before being employed in the facility, and which address the consequences of employee use of alcohol, tobacco
or illegal drugs during working hours or when representing the treatment program. The program shall establish
written policies addressing alcohol and nicotine use during working hours or when reporting to the treatment
field.
(c) The facility administrator shall develop written job
descriptions for all facility staff including volunteers, and ensure that personnel are assigned duties based
upon their education, training and competencies, and in accordance with their job descriptions.
(d) The facility shall employ only those personnel who are currently
licensed, currently certified, or authorized under the appropriate laws or rules of the State of New Jersey
or under the applicable standards of the appropriate recognized credentialing body to provide client
care.
(e) The facility shall ensure that adequate staffing levels
are maintained to ensure continuity of care to clients, and shall ensure that substitute staff possess
appropriate equivalent qualifications needed to function in that capacity.
(f) The facility shall develop and implement a staff orientation plan and a
staff education plan, that includes written plans for each service and designation of person(s) responsible
for training as follows:
1. All staff shall receive orientation at the time
of employment and at least annual in-service education regarding, at a minimum:
i. The facility's emergency plans and procedures;
ii. The infection prevention and control program;
iii. Universal precautions; and
iv. The policies and procedures concerning conflicts of interest, ethics
and confidentiality, client rights, treating individuals with co-occurring disorders, cultural competence,
and, where appropriate, identifying and responding to cases of child abuse and elder abuse.
