(1) The
administrator shall employ personnel who are able and competent to perform
their respective duties, services, and functions.
(2) The administrator, director of nursing or
health services supervisor, and facility supervisors shall develop job
descriptions for each position including job title, job summary,
responsibilities, qualifications, required skills and licenses, and physical
requirements.
(3) The licensee
shall monitor staff to ensure compliance with each applicable rule under Title
R432.
(4) The licensee shall ensure
each employee has access to facility policy and procedure manuals and other
information necessary to effectively perform duties and carry out
responsibilities.
(5) The licensee
shall ensure each employee is licensed, certified, or registered as required by
the Utah Department of Commerce, and a copy of the license, certification or
registration is maintained for department review.
(6) The licensee shall:
(a) maintain staffing records, including
employee performance evaluations, for the preceding 12 months;
(b) establish a personnel health program
through written personnel health policies and procedures;
(c) complete a health evaluation for each
employee upon hire that includes the employee's history of the following:
(i) conditions that predispose the employee
to acquiring or transmitting infectious diseases; and
(ii) conditions that may prevent the employee
from performing certain assigned duties satisfactorily;
(d) ensure a health screening and
immunization component of the employee's personnel health program is
included;
(e) ensure infection
control includes staff immunization as necessary to prevent the spread of
disease;
(f) ensure employee skin
testing by the Mantoux method or other FDA approved in-vitro serologic test and
follow up for tuberculosis is done in accordance with Rule R388-804, Special
Measures for the Control of Tuberculosis, and each employee is skin-tested for
tuberculosis within two weeks of:
(i) initial
hiring;
(ii) suspected exposure to
a person with active tuberculosis; and
(iii) development of symptoms of
tuberculosis;
(g) exempt
skin testing for each employee with a known positive reaction to skin
tests;
(h) ensure any infections
and communicable diseases reportable by law are reported to the local health
department in accordance with Section
R386-702-3;
(i) plan and document in-service training for
each staff member and address the following topics annually:
(i) fire prevention;
(ii) review and drill of emergency procedures
and evacuation plan;
(iii) the
reporting of resident abuse, neglect, or exploitation to the proper
authorities;
(iv) prevention and
control of infections;
(v) accident
prevention and safety procedures including instruction in body mechanics for
any employees required to lift, turn, position, or ambulate residents; and
proper safety precautions when floors are wet or waxed;
(vi) proper use and documentation of
restraints;
(vii) resident
rights;
(viii) a basic
understanding of the various types of mental illness, including symptoms,
expected behaviors and intervention approaches; and
(ix) confidentiality of resident
information;
(j) ensure
any person who provides nursing care, including nurse aides and orderlies,
works under the supervision of an RN or LPN and shall demonstrate competency
and dependability in resident care:
(k) prohibit any person from working in the
facility as a nurse aide for more than four months, on full-time, temporary,
per diem, or other basis, unless that individual has successfully completed a
State Department of Education-approved training and testing program;
(l) verify through the nurse aid registry
before offering employment, that nurse aide applicants do not have a verified
report of abuse, neglect, or exploitation and if such a verified report exists,
the licensee may not hire the applicant;
(m) require a person to complete a new
training and competency evaluation program if an individual has not performed
paid nursing or nursing related services for a continuous period of 24
consecutive months since the most recent completion of a training and
competency evaluation program;
(n)
conduct regular performance reviews and regular in-service education to ensure
that individuals used as nurse aides are competent to perform services as nurse
aides; and
(o) ensure staff are
available on each shift, who are CPR certified, trained in emergency procedures
and basic first aid, including the Heimlich maneuver.
(7) The licensee may utilize volunteers in
the daily activities of the licensee provided that volunteers are not included
in the licensee's staffing plan in lieu of facility employees if the licensee
ensures:
(a) volunteers are supervised and
familiar with resident's rights and the licensee's policies and procedures;
and
(b) volunteers who provide
personal care to residents are screened according to facility policy and under
the direct supervision of a qualified employee.
(8) The licensee shall ensure an employee who
reports suspected abuse, neglect, or exploitation is not subject to
retaliation, disciplinary action, or termination by the licensee for making the
report.
