Current through Bulletin 2024-06, March 15, 2024
(1) The
licensee shall comply with laws and licensure requirements and for the
organization, management, operation and control of the facility to include the
following:
(a) compliance with any federal,
state and local laws, rules and regulations;
(b) develop and implement by-laws, policies
and procedures relative to the general operation of the facility, including the
health care of the residents and the protection of their rights;
(c) develop a policy that states the facility
will not discriminate on the basis of race, color, sex, religion, ancestry or
national origin in accordance with Section
13-7-1;
(d) appoint, in writing, a qualified
administrator to be responsible for the implementation of facility by-laws and
policies and procedures, and for the overall management and daily operation of
the facility;
(e) secure and update
contracts for professional and other services;
(f) receive and respond to inspection reports
issued by the department; and
(g)
provide the department with written notification of a change in administrator
at least 30 days before the administrator change and no more than 5 days after
the administrator change.
(2)
(a) The
administrator shall maintain a current professional license in good standing
issued by the Utah Department of Commerce in a health care field.
(b) The administrator shall post a copy of
the administrator's license or credentials with the facility license in a place
readily visible to the public.
(c)
The administrator shall act as the administrator of no more than four small
health care facilities at any one time. The maximum number of beds is limited
to 60.
(d) The administrator shall
have enough freedom from other responsibilities to be on the premises of the
facility enough hours in the business day and as necessary to properly manage
the facility and respond to requests by the department.
(e) The administrator shall designate, in
writing, the name and title of the person who shall act as administrator in
their absence.
(f) The
administrator's designee shall have enough power, authority and freedom to act
in the best interests of resident safety and well-being.
(g) The licensee may not permit an unlicensed
de facto administrator to supplant the designated, licensed
administrator.
(3) The
administrator shall:
(a) complete, submit and
file records and reports required by the department;
(b) act as a liaison between the licensee and
other staff of the facility, and respond to recommendations of the quality
assurance committee;
(c) ensure
that employees are oriented to their job functions and receive appropriate
in-service training;
(d) implement
policies and procedures for the operation of the facility;
(e) hire and maintain the required number of
staff as specified in this rule to meet the needs of residents;
(f) maintain facility staffing records for 12
months;
(g) secure and update
contracts required for professional and other services not provided directly by
the facility;
(h) verify required
licenses and permits of staff and consultants at the time of hire and effective
date of contract; and
(i) review
incident and accident reports and take appropriate action.
(4) The administrator of each facility shall
retain a licensed physician to serve as medical director or advisory physician
on a consulting basis according to resident and facility needs.
(5) The medical director or advisory
physician shall:
(a) develop written resident
care policies and procedures including the delineation of responsibilities of
attending physicians;
(b) review
resident care policies and procedures annually with the
administrator;
(c) serve as liaison
between the resident's physician and the administrator;
(d) serve as a member of the quality
assurance committee;
(e) review
incident and accident reports at the request of the administrator to identify
health hazards to residents and employees; and
(f) act as consultant to the health services
supervisor in matters relating to resident care policies.
(6)
(a) The
administrator shall employ qualified personnel who are able and competent to
perform their respective duties, services and functions.
(b) The administrator shall develop job
descriptions including:
(i) job
title;
(ii) job summary;
(iii) responsibilities;
(iv) qualifications, required skills and
licenses; and
(v) physical
requirements for each position or employee.
(c) The administrator shall conduct and
document periodic employee performance evaluations.
(d) The administrator shall ensure that
personnel have access to the facility's policies and procedures manuals,
resident care policies, therapeutic manuals and other information necessary to
effectively perform their duties and carry out their
responsibilities.
(7) The
administrator shall establish a policy and procedure for the health screening
of facility personnel.
(8) The
administrator shall ensure that dietary staff and staff who handle food obtain
and maintain a food handler's permit from the local health
department.
(9) The licensee shall
provide documented in-service training for employees. Annual training shall
address the following topics:
(a) fire
prevention;
(b) accident prevention
and safety procedures including instruction in the following:
(i) body mechanics for employees required to
lift, turn, position or transfer residents;
(ii) proper safety precautions when floors
are wet or are being cleaned; and
(iii) safety precautions and procedures for
heat lamps, hot water bottles, bathing and showering temperatures;
(c) review and drill of emergency
procedures and evacuation plan;
(d)
prevention and control of infections as outlined in Rule R432-150;
(e) confidentiality of resident
information;
(f) resident
rights;
(g) behavior management and
proper use and documentation of restraints;
(h) oral hygiene and first aid;
(i) training in the principles of
cardiopulmonary resuscitation for licensed nursing staff and others as
appropriate;
(j) training in
habilitative care; and
(k)
reporting abuse, neglect and exploitation.
(10) Intermediate Care Facilities for
Individuals with Intellectual Disabilities shall ensure that employees receive
specialized training regarding the care of children and youth with intellectual
disabilities when there are individuals under 22 years of age in the
facility.