Wyoming Administrative Code, Chapter 7, Section 7-9 - Personnel | Wyoming Administrative Code

(a) Qualifications.

(i) The following rules shall apply to all staff:

(A) No staff person shall have been convicted of a felony or a misdemeanor related to abuse, neglect, exploitation, or abandonment of adults or children. The facility shall have written verification of a Deparatment of Family Services central registry check or State Board of Nursing registry check, where applicable, on all employees hired at the time of or after the filing of these rules.

(ii) All staff persons who work directly with participants and who are counted in the staff-to-participant ratio shall be at least 18 years of age. EXCEPTION: Paid or volunteer assistants may be between 14 and 18 years of age provided that their immediate supervisor is an adult, but these individuals cannot be included in the staff to participant ratio.

(b) Personnel Records.

(i) Personnel records shall be kept at the facility for paid staff and volunteer personnel who begin work subsequent to the effective date of these rules.

(ii) Personnel records shall include the following:

(A) The original application for employment or other written material providing:

(I) Identifying information including name of staff person, beginning date of employment/volunteering, and job title;

(II) Any other information needed to demonstrate that the individual possesses the qualifications required for the position;

(B) Written documentation of at least two (2) character references and statement of competency from previous employers, if any, and/or other knowledgeable and objective sources prior to employment or volunteering (e.g., letters of reference; notations of telephone reference checks including the name of the person(s) contacted, the date(s) of contact, the firm(s) contacted, and the results);

(C) Documentation and dates of participation in orientation, training and staff development activities; and

(D) Date of termination of employment, when applicable.

(c) Health Requirements.

(i) Health information required by these rules shall be maintained for all staff including the director and volunteer personnel.

(A) Initial Tuberculosis Examination and Report

(I) Each staff person and volunteer shall obtain a two-step skin test prior to working with program participants. EXCEPTION: When a staff person has been tested within the previous six months, the report of tuberculosis screening and the results may be accepted.

(II) A record of tuberculosis screening shall be maintained in the staff member or volunteers personnel record and shall include the following:

(1.) The type(s) of test(s) used and the result(s);

(2.) The date of the testing; and

(3.) The signature of the person administering the test(s).

(B) Subsequent Evaluations.

(I) Each staff person and volunteer shall be retested on a yearly basis. The testing shall be recorded in accordance with Section 9(b) of these rules and regulations.

(II) Any staff person or volunteer who comes in contact with a known case of tuberculosis or who develops chronic respiratory symptoms shall receive a baseline evaluation with a follow-up evaluation within ten (10) to twelve (12) weeks of exposure.

(1.) At the request of the director of the facility or the Department of Health, a report of examination by a physician shall be obtained when there are indications that the safety of participants in care may be jeopardized by the physical or mental health of a specific participant.

(2.) Any participant who, upon examination or as a result of medical tests, shows indication of a physical or mental condition which may jeopardize the safety of other participants in care or which would prevent performance of duties:

a. Shall be removed immediately from contact with participants and food served to participants; and

b. Shall not be allowed contact with participants or food served to participants until the condition is cleared to the satisfaction of the examining physician as evidenced by a signed, dated statement from the physician.

(3.) Any individual who cannot adequately perform his duties or who may jeopardize the health or safety of the participants shall be relieved of his duties and removed from the facility.

(d) Staff Training.

(i) All staff shall be trained in the appropriate procedures for handling emergencies. Such training shall take place before job responsibilities are assumed and shall include at least the following:

(A) Individual responsibilities in the event of fire, including the location and operation of any fire extinguishers and fire alarm boxes;

(B) Individual responsibilities in the event of illness or injuries, including the location and use of the first aid emergency supplies; and

(C) Individual responsibilities in the event of a lost or missing participant, severe weather or other emergencies.

(ii) Before assuming job responsibility, all staff persons shall receive job orientation training. Items not covered in the training prior to beginning employment shall be completed within one week of the starting date of employment. The orientation shall include training specific to the staffs assigned responsibilities, as well as the following topics:

(A) The purpose of the adult day care facility;

(B) State of Wyoming procedures for detecting and reporting suspected abuse, neglect, exploitation, or abandonment of participants;

(I) Any person who becomes aware of suspected abuse, neglect, exploitation, or abandonment of participants, as defined in the Adult Protective Services Act, W.S. § 35-20-102 and W.S. § 35-20-103, shall notify law enforcement, the Wyoming Department of Family Services, and if applicable, the appropriate legal guardian(s), within twenty-four (24) hours of discovery.

(C) Confidential treatment of personal information about participants and their families;

(D) The policy of the facility and the Program Administration Rules and Regulations for Adult Day Care Facilities, as they relate to the employees responsibilities;

(E) Individual capabilities and special needs of the elderly and the disabled adult, including specific needs of participants in care;

(F) The schedule of activities; and

(G) Record keeping responsibilities.

(iii) All staff who are primarily responsible for the direct care of the participants shall attend at least eight (8) hours of staff development activities annually which shall consist of in-service training programs, workshops, or conferences related to adult day care or gerontology, provided that both subject areas are addressed during the year.

(e) Administrative Staff.

(i) During the facilitys hours of operation, one (1) adult on the premises shall be in charge and responsible for the administration of the facility. This person shall be either the Director or an adult appointed or designated by the Director.

(ii) Program Director.

(A) There shall be one (1) person responsible for the program of the facility who shall:

(I) Be at least 21 years of age; and

(II) Meet one or more of the following requirements:

(1.) The director shall have completed at least forty-eight (48) semester hours or seventy-two (72) quarter hours of post secondary education in health care, elderly care, health case management, facility management, or other related field from an accredited college or institution;

(2.) Be a Certified Nursing Assistant (CNA) familiar with and follow these rules, and pass an open book test prepared by the Division on Aging on these rules with a score of at least eight-five percent (85%);

(3.) Have completed at least two (2) years experience working with elderly or people with disabilities. This experience may have been paid, full-time employment, or time equivalent in part-time employment or volunteer work that is directly involved with the elderly or handicapped;

(4.) Demonstrate knowledge, skills and abilities in the administration and management of the adult day care program including:

a. Knowledge and understanding of elderly and people with disabilities;

b. Supervisory and interpersonal skills;

c. Ability to plan and implement the program; and

d. Knowledge of financial management sufficient to ensure program development and continuity.

(5.) Demonstrate knowledge of supervisory and motivational techniques sufficient to:

a. Accomplish day-to-day work;

b. Train, support, and develop staff; and

c. Plan responsibilities for auxiliary staff to ensure that services are provided to participants.

(iii) Assistant Program Director.

(A) If the Program Director is present in the facility less than four (4) hours per day, there shall be an officially designated Assistant Program Director who shall:

(I) Meet the qualifications of the Program Director; and

(II) Assume responsibility in the absence of the Program Director.

(iv) Volunteer Personnel.

(A) All volunteer personnel shall be under the individual supervision of a Director, Program Director, Assistant Program Director, or designated staff person.

(B) The duties of volunteer personnel shall be clearly defined in writing.

Wyoming Administrative CodeAgency 048 - Health, Department ofSub-Agency 0003 - Aging DivisionChapter 7 - PROGRAM ADMINISTRATION FOR ADULT DAY CARE FACILITIESSection 7-9 - Personnel

Wyoming Administrative Code
Agency 048 - Health, Department of
Sub-Agency 0003 - Aging Division
Chapter 7 - PROGRAM ADMINISTRATION FOR ADULT DAY CARE FACILITIES
Section 7-9 - Personnel