Current through all regulations passed and filed through September 16, 2024
(A) No person with a disease which may be
transmitted in the performance of the person's job responsibilities
is allowed
to work in a residential care facility during the stage of
communicability unless the person is given duties that minimize the likelihood
of transmission and follows infection control precautions and
procedures.
(B) No person
is allowed
to work in a residential care facility who uses alcohol or drugs to the
extent that it adversely affects the performance of the person's duties or the
health or safety of any resident.
(C) No person is allowed to
work in a residential care facility in any capacity as a full-time, part-time
or temporary paid employee of the facility unless the person has been examined
by a physician or other health care professional acting within their applicable
scope of practice within thirty days before commencing work or on the first day
of work. No person is allowed to commence work in a residential care
facility in any capacity unless the person is medically capable of performing
the person's prescribed duties. Operators are obligated to
retain copies of the examinations
obligated by this paragraph and
are obligated
to furnish them to the director upon request.
(1) Employees of temporary employment
services or, to the extent applicable, paid consultants working in a facility
are obligated
to have medical examinations in accordance with paragraph (C) of this
rule, except that a new physical examination is not
necessary
for each new assignment. Each facility in which such an individual works
are obligated
to obtain verification of the physical examination, as applicable, from
the employment agency or consultant before the individual begins work and
are obligated
to maintain this documentation on file.
(2) Individuals used by an adult day care
program provided by and on the same site as the residential care facility
are obligated
to have medical examinations in accordance with paragraph (C) of this
rule if the adult day care program is located or shares space within the same
building as the residential care facility or if there is a sharing of staff
between the residential care facility and adult day care program.
(D) Each residential care facility
staff member and volunteer who:
(1) Provides
personal care services will be at least sixteen years of age. Staff members
or volunteers who provide personal care services who are under the age of
eighteen are
obligated to have on-site supervision by a staff member over the age of
eighteen. The administrator is obligated to be at least twenty-one years of
age;
(2) Assists residents with
self-administration of medications is obligated to
demonstrate an ability to read, write and understand information and directions
in English. All other staff members and volunteers are obligated to
demonstrate an ability to understand and communicate job-related information
and directions in English; or
(3)
Plans activities for residents with late-stage cognitive impairment with
significant ongoing daily living assistance needs, cognitive impairments with
increased emotional needs or presenting behaviors that cause problems for the
resident or other residents, or both; or, serious mental illness
is obligated
to have training in appropriate activities for such residents.
(E) Staff members who provide
personal care services in a residential care facility, except licensed health
professionals whose scope of practice include the provision of personal care
services, are
obligated to
complete the following training
:
(1) Within sixty days of hire, have first-aid
training evidenced by one of the following:
(a) Currently valid documentation of
successful completion, online or in- person, of
the "American Red Cross Standard First-Aid Course", the "American Red Cross
First-Aid Basics", or any other American red cross course covering the training
topics described in paragraph (E)(1)(c) of this rule;
(b) Currently valid documentation of
successful completion, online or in- person, of
the "American Heart Association Heartsaver First-Aid" course, or any other
"American Heart Association" course covering the training topics described in
paragraph (E)(1)(c) of this rule; or
(c) Documentation of successful completion,
within the past three years, of first-aid training by a physician,
registered
nurse, a licensed practical nurse under the direction
of a registered nurse, an emergency medical technician, or an instructor
certified by the American red cross" or the American heart association.
Applicable
first-aid training
includes recognition and emergency management of
bleeding, burns, poisoning, respiratory distress including choking,
musculoskeletal injury, wounds including animal and insect bites, sudden
illness, shock, hypothermia, heat stroke and exhaustion, and frost
bite;
(2) Have
documentation that, prior to providing personal care services without
supervision in the facility, the staff member met one of the following
criteria:
(a)
Successfully completed training or continuing education taught by a registered nurse or licensed practical nurse
under the direction of a registered nurse that covers, as
is necessary to meet the needs of residents in the facility, the following:
(i) The correct techniques of providing
personal care services as
obligated by the staff member's job
responsibilities;
(ii)
Observational skills such as recognizing changes in residents' normal status
and the facility's procedures for reporting changes; and
(iii) Communication and interpersonal skills.
The training or continuing education
will be sufficient to ensure that the staff
member receiving the training can demonstrate an ability to provide the
personal care services. The facility may utilize other health care
professionals acting within the scope of the professional's practice as part of
the training or continuing education;
(b) Successfully completed the training and
competency evaluation program and competency evaluation program approved or
conducted by the director under section
3721.31 of the Revised Code;
or
(c) Successfully completed
training or testing
in accordance with the
medicare condition of participation of home health aide services, 42 C.F.R.
484.4 (November 6, 2014) and 42 C.F.R. 484.36 (June 18, 2001);
(3) Except as provided in
paragraph (E)(5) of this rule, staff members employed by a residential care
facility, or part thereof, that admits or retains residents with late-stage
cognitive impairment with significant ongoing daily living assistance needs, or
cognitive impairments with increased emotional needs or presenting behaviors
that cause problems for the resident or other residents, or both,
are obligated
to have:
(a) Two hours of initial
training in the care of such residents within fourteen days of the first day of
work; and
(b) Four hours of
continuing education in the care of such residents annually. The four hours of
continuing education may count towards the continuing education
obligated by paragraph (E)(7) of this rule.
(4) Except as provided in
paragraph (E)(5) of this rule, staff members employed by a residential care
facility, or part thereof, that admits or retains residents with diagnoses of
serious mental illness are obligated to have:
(a) Two hours of initial training in the care
of such residents within fourteen days of the first day of work; and
(b) Four hours of continuing education in the
care of such residents annually. The four hours of continuing education may
count towards the continuing education
obligated by paragraph (E)(7) of this rule.
(5) Staff members employed by a
residential care facility, or part thereof, that admits or retains residents
with late-stage cognitive impairment with significant ongoing daily living
assistance needs, or cognitive impairments with increased emotional needs or
presenting behaviors that cause problems for the resident or other residents,
or both, and that admits or retains residents with diagnoses of serious mental
illness, are
obligated to have:
(a) Four hours,
divided in equal proportions for each population, of initial training in the
care of such residents within fourteen days of the first day of work;
and
(b) Eight hours, divided in
equal proportions for each population, of continuing education in the care of
such residents annually. The eight hours of continuing education may count
towards continuing education
obligated by paragraph (E)(7) of this
rule
(6) Staff members
serving special populations not identified in paragraphs (E)(3) and (E)(4) of
this rule are
obligated to have:
(a) Two hours of
initial training in the care of such residents within fourteen days of the
first day of work; and
(b) Four
hours of continuing education in the care of such residents annually. The four
hours of continuing education may count towards the continuing education
obligated
by paragraph (E)(7) of this rule.
(7) Successfully complete at least eight
hours of continuing education annually.
(F) Staff members whose job responsibilities
will include providing therapeutic diets, other than special diets,
are obligated
to be trained by a dietitian prior to performing this
responsibility.
(G) The initial
training
obligated by paragraphs (E)(3) to (E)(6) of this rule
is to be
conducted by a qualified instructor for the topic covered. The annual
continuing education
obligated by paragraphs (E)(3) to (E)(6) of this
rule may be completed online or by other media provided there is a qualified
instructor present to answer questions and to facilitate discussion about the
topic at the end of the lesson.
(H)
The administrator is obligated to:
(1)
Be licensed as a nursing home administrator under Chapter 4751. of the Revised
Code; or
(2) Meet one of the
following criteria at the time of employment:
(a) Has three thousand hours of direct
operational responsibility for a senior housing facility, health care facility,
residential care facility, adult care facility or any other group home licensed
or approved by the state;
(b) Has
successfully completed one hundred credit hours of post high school education
in the field of gerontology or health care;
(c) Holds a baccalaureate degree;
or
(d) Is a licensed health
professional as that term is defined in rule
3701-17-07.1 of the
Administrative Code.
(3)
The administrator is obligated to receive at least nine hours of continuing
education annually in the fields of gerontology,
health care, business administration, or residential care facility operation.
Successful completion of course work at an accredited college or university, or
of courses approved by the following entities, may be used to demonstrate
compliance with this paragraph:
(a) The Ohio
state bar association;
(b) The Ohio
state board of executives of long-term services and supports;
(c) The Ohio state board of
nursing;
(d) The Ohio state board
of pharmacy;
(e) The Ohio state
board of psychology;
(f) The Ohio
state medical board; or
(g) Any
other health-related state board organized pursuant to Title 47 of the Revised
Code.
(I) The
operator or administrator is obligated to ensure that each staff member, other
than a volunteer who does not provide personal care services, receives and
completes orientation and training applicable to the staff member's job
responsibilities within three working days after beginning employment with the
residential care facility. A staff member is not allowed
to
stay alone in the residential
care facility with residents until the staff member has received the
orientation and training obligated by
this paragraph and the general staff training in fire control and evacuation
procedures
obligated by paragraph (P) of rule
3701-16-13 of the Administrative
Code. The orientation and training
mandated by this paragraph
will
include at least:
(1) The physical layout of
the residential care facility;
(2)
The staff member's job responsibilities;
(3) The residential care facility's policies
and procedures;
(4) How to secure
emergency assistance; and
(5)
Residents' rights.
(J)
All individuals used by the residential care facility who function in a
professional capacity are obligated to
meet the standards applicable to that profession, including but not limited to,
possessing a current Ohio license, registration, or certification, if
obligated by law.
(K) Each residential care facility
is obligated
to provide appropriate staff training to implement each resident right
under division (A) of section
3721.13 of the Revised Code on
an annual basis and additionally as needed. The training
obligated by this rule will include,
but not be limited to, an explanation of:
(1)
The residents' rights and the staff's responsibility in implementation of the
rights; and
(2) The staff's
obligation to provide all residents who have similar needs with comparable
service.
(L) No
residential care facility is allowed to employ a person for a position that
involves the provision of direct care to an older adult, if the person:
(1) Has been convicted of or pleaded guilty
to an offense listed in division (C)(1) of section
3721.121 of the Revised Code,
unless the individual is hired under the personal character standards set forth
in rule 3701-13-06 of the Administrative
Code;
(2) Fails to complete the
form(s) or provide fingerprint impressions as
obligated by
division (B)(2) of section
3721.121 of the Revised
Code;
(3) Is the subject of a
finding of abuse or neglect of a resident or misappropriation of the property
of a resident on the nurse aide registry, established pursuant to section
3721.32 of the Revised
Code;
(4) Is the subject of a
finding of abuse or neglect of a resident or misappropriation of the property
of a resident on the nurse aide registry established by another state where the
home believes or has reason to believe the person resides or resided;
or
(5) Have had a disciplinary
action taken against a professional license by a state licensure body as a
result of a finding of abuse, neglect, mistreatment of residents or
misappropriation of resident property.
(M) For purposes of this rule, "annual" means
a calendar year. The training hours
obligated by
this rule may be pro-rated from the employee's date of hire.