Current through Register Vol. 56, No. 18, September 16, 2024
(a) Personnel practices shall comply with all
applicable Federal, State, and local laws, ordinances, rules, and regulations
pertaining to employment, including civil rights, retirement plans, or social
security, minimum wages, hours, and worker's compensation.
(b) The licensee shall ensure that no
applicant or employee comes into direct contact with persons served until they
have been fingerprinted and determined by the Department of Human Services to
be not disqualified, in accordance with
N.J.S.A.
30:6D-63 through 69 (criminal history
background checks).
1. A licensee shall not
employ any person who has been adjudged civilly or criminally liable for abuse
of a person served by the Department or placed in a community residence
regulated pursuant to this chapter.
2. Criminal history record background checks
shall be conducted at least once every two years for a community agency's head
and its employees.
3. Any
individual who is required to undergo a criminal history record background
check and refuses to consent to, or cooperate in, the securing of a criminal
history record background check, shall be immediately removed from the person's
position and the person's employment shall be terminated.
(c) All employees who may come into contact
with persons served shall be subject to and comply with the requirements for
drug testing for controlled dangerous substances, in accordance with
N.J.S.A.
30:6D-9.5 and 9.6.
(d) Prior to hiring any staff member or
utilizing a volunteer who provides services to persons served on a planned
basis, the licensee shall secure and maintain:
1. A signed application for employment from
each applicant, indicating the applicant's name, address, and telephone number,
education, and disclosure of the presence or absence of criminal
convictions.
2. A minimum of two
documented references.
i. The licensee shall
check a minimum of the two most recent work references or, if not available, a
minimum of two personal references.
ii. The licensee shall document all reference
checks and maintain such reference checks in the applicant's personnel
record.
iii. The staff person
conducting the reference check shall sign and date the reference
check.
iv. References from family
members of the applicant shall not be accepted.
3. A current job description which, at a
minimum, shall include the following:
i. A
position statement that documents overall job responsibilities, including the
requirement that the employee cooperate with the licensee and Department staff
in any inspection or investigation;
ii. A list of specific duties;
iii. The minimum qualifications;
iv. The positions supervised, if
applicable;
v. The reporting
supervisor, who shall be a paid staff member; and
vi. The requirements for checks of criminal
background and drug testing.
(e) Upon employment, the direct support
professional shall submit a written statement from a licensed physician or
advanced practice nurse indicating that he or she is in good health. Such
statement shall be based on a medical examination conducted within the 12
months immediately preceding the direct support professional's starting date
with the licensee.
(f) Within one
year prior to or upon beginning work each direct support professional shall
take a Mantoux tuberculin skin test with five tuberculin units (TU) of PPD
tuberculin or an IGRA blood test.
1. The
direct support professional member shall submit to the licensee written
documentation of the results of any testing or certification.
2. If the direct support professional member
has had a previous positive Mantoux tuberculin skin test, or if the Mantoux
tuberculin skin test is significant (10 or more millimeters (mm) of
induration), or if the IGRA blood test is positive, the staff member shall
submit to the licensee a statement from his or her physician or advanced
practice nurse certifying that he or she poses no threat of tuberculosis
contagion before he or she is allowed to come in contact with persons served
and other staff.
3. If the Mantoux
tuberculin skin test is insignificant (zero to nine mm of induration), or the
IGRA blood test is negative, no further testing shall be required.
i. The Office of Licensing or the licensee
may, at any time, require a direct support professional to retake the Mantoux
tuberculin skin test, if there is a reason to believe or suspect that the staff
member may have contracted tuberculosis or if the State Department of Health
recommends retesting.
4.
The licensee shall prohibit any direct support professional who fails to submit
satisfactory results from a medical practitioner from having contact with
persons served or other staff.
5.
Upon any known or suspected exposure to a confirmed case of M. Tuberculosis,
the agency shall consult with the local health department and maintain
documentation that all requirements for follow up testing were
met.
(g) The licensee
shall maintain on file the following for all direct support professionals:
1. Mantoux tuberculin skin test or IGRA blood
test results, chest x-ray, or physician's or advanced practice nurse's
certification; and
2. The results
of a physical examination that clearly indicates that the staff person is
capable of performing the duties required.
(h) Personnel and other records shall
contain, at a minimum:
1. Application for
employment;
2. Credentials
verification, if applicable;
3.
Evidence of current licensure or certification, if applicable;
4. Reports of performance
evaluations;
5. Records of position
changes;
6. Results of the criminal
background check and of any drug testing;
7. Orientation and training records;
and
8. Other information required
by law or the licensee's policy.
