Current through all regulations passed and filed through September 16, 2024
(A) For purposes of this rule:
(1) "Long term care facility" has the same
meaning as in rule
3701-17-07.1 of the
Administrative Code.
(2) "Dining
assistant" means an individual who meets the requirements specified in this
rule and who is paid to feed long term care facility residents by a long term
care facility or who is used under an arrangement with another agency or
organization.
(3) "Supervision"
means that the nurse is in the unit where the feeding assistance is furnished
and is immediately available to provide help in an emergency.
(4) "Suspension of approval" means that a
dining assistant training course is prohibited from providing training to
individuals under this rule until the suspension is lifted pursuant to
paragraph (K) of this rule.
(5)
"Training and competency evaluation program" has the same meaning as in rule
3701-17-07.1 of the
Administrative Code.
(6)
"Withdrawal of approval" means that a dining assistant training course is no
longer eligible to provide training under this rule, but does not prohibit the
submission of a new application for approval.
(B) A long term care facility may use dining
assistants to feed residents who, based on the charge nurse's assessment of the
resident and the most recent resident assessment performed pursuant to rule
3701-17-10 of the Administrative
Code and plan of care developed pursuant to rule
3701-17-14 of the Administrative
Code, meet the following conditions:
(1) Need
assistance or encouragement with eating and drinking;
(2) Do not have a complicated feeding
problem, such as the need for tube or parenteral feeding, recurrent lung
aspirations or difficulty swallowing that requires assistance with eating and
drinking by a registered nurse, licensed practical nurse, or nurse
aide.
(C) If a facility
uses a dining assistant the facility must ensure that the dining assistant
meets the following requirements:
(1) Except
as provided in paragraph (D) of this rule, has successfully completed a dining
assistant training course approved by the director as specified in paragraph
(G) of this rule;
(2) Is not 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;
and
(3) Performs duties only for
residents who do not have a complicated feeding problem, and under the
supervision of a registered nurse or licensed practical nurse.
(D) A person who has successfully
completed a training course for dining assistants and has not worked in a long
term care facility as a dining assistant for a period of twelve consecutive
months shall not be used as a dining assistant in a long term care facility
until the person successfully retakes the training course. The facility must
maintain a record of all individuals, used by the facility as dining
assistants.
(E) The training course
for dining assistants shall provide a combined total of at least nine hours of
instruction, including a one hour clinical portion. The clinical portion shall
be provided for no more than eight participants at one time. The training
course shall follow the curriculum specified in the appendix attached to this
rule and address the following topics:
(1)
Feeding techniques;
(2) Assistance
with feeding and hydration, including the use of assistive devices;
(3) Communication and interpersonal
skills;
(4) Appropriate responses
to resident behavior;
(5) Safety
and emergency procedures, including the Heimlich maneuver;
(6) Infection control;
(7) Residents rights;
(8) Recognizing changes in residents that are
inconsistent with their normal behavior and the importance of reporting those
changes to the supervisory nurse;
(9) Special diets and
therapeutic diets;
(10)
Documentation of type and amount of food intake; and
(11) Meal observation and actual feeding
assistance to a resident.
(F) The instructor or instructors for a
dining assistant course shall have appropriate experience and one of the
following qualifications:
(1) A current valid
license to practice as a nurse, as defined in paragraph (R) of rule
3701-17-01 of the Administrative
Code;
(2) A current valid license
issued under Chapter 4759. of the Revised Code to practice as a
dietitian.
(3) A current valid
license issued under Chapter 4753. of the Revised Code to practice as a
speech-language pathologist; or
(4)
A current valid license issued under Chapter 4755. of the Revised Code to
practice as an occupational therapist.
(G) A long term care facility, employee
organization, person, governmental entity, or a training and competency
evaluation program seeking approval of a dining assistant training course shall
make an application to the director on a form prescribed by the director and
shall provide any documentation or additional information requested by the
director. The application shall include:
(1)
An attestation that the information contained in the curriculum attached as
appendix A of this rule is understood and will be adhered to; and
(2) The name and documentation of the
qualifications of the instructor or instructors, as specified in paragraph (F)
of this rule.
(H) The
director shall approve an application of a dining assistant training course
that demonstrates compliance with the requirements of this rule and, if the
course is operated by or in a long term care facility, the facility is not the
subject of an action listed in paragraph (I)(2) of this rule. An approved
dining assistant training course is not required to renew an approval provided
that the director is notified of any changes to the information provided in the
original application.
(I) The
director may suspend or withdraw approval of a dining assistant training course
if at least one of the following applies:
(1)
The course is not operated in compliance with this rule; or
(2) The course is operated by or in a long
term care facility and one the following applies;
(a) The director has notified the facility of
a real and present danger under section
3721.08 of the Revised
code;
(b) An action has been taken
against the facility under section
5165.77
of the Revised
Code; or
(c) The license of the
facility is revoked under section
3721.03 of the Revised
Code.
(J)
Suspension or withdrawal of approval is not subject to appeal. If the director
determines that one of the criteria listed in paragraph (I) of this rule
applies to a dining assistant training course the director may, upon written
notice, immediately suspend the approval of the training course. The written
notice to the dining assistant training course shall provide the following:
(1) The criteria listed in paragraph (I) of
this rule giving rise to the suspension or proposed withdrawal of
approval;
(2) An opportunity to
submit documentation demonstrating that the matter giving rise to the
suspension has been corrected;
(3)
An opportunity to request an informal review;
(4) An indication of whether the director
proposes to withdraw the approval.
(K) If the director determines that the
training course has satisfactorily demonstrated that the matter which gave rise
to the suspension has been satisfactorily corrected or otherwise does not apply
to the training course, the director shall lift the suspension and, if
applicable, rescind the proposal to withdraw.
(L) If the director determines that the
training course has not satisfactorily demonstrated that the matter which gave
rise to the suspension has been corrected the director shall withdraw the
training course approval.
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