Current through September, 2024
Section 11-89-17 - General operational policies(a) There shall be written operational policies and procedures available to staff and residents which address the implementation of: (1) Admission policies as specified in section 11-89-16;(2) Dietary and other services provided by the facility;(3) Transfer and discharge of residents as specified in section 11-89-21;(5) Rate setting and visiting hours;(7) Management of behavior;(8) Requirements relating to physical and chemical restraints;(9) Personnel requirements, whether compensated or voluntary; and(10) Grievance procedures, whether from resident or staff.(b) Upon admission, there shall be written documentation that the resident, guardian, or next of kin was fully informed of policies governing the resident's care.(c) There shall be written policies and procedures that prohibit mistreatment, neglect or abuse of residents. The caregiver shall: (1) Not allow verbal, mental, sexual, or physical abuse, or misappropriation of funds or property of residents;(2) Not knowingly employ individuals who have been convicted of crimes set forth in subsection 11-89-17(c)(1);(3) Notify the case manager and day program staff if a resident demonstrates maladaptive or disruptive behavior. They shall plan and institute any behavior management program. The program shall be directed toward maximizing the growth and development of the individual by incorporating a hierarchy of available methods that emphasize positive approaches. Such policies and procedures shall address: (A) the definition of behavior management programs;(B) staff training requirements;(C) staff authorized to use the programs; and(D) the mechanism to be used to monitor the implementation of any behavior management program;(4) Ensure that all alleged violations involving mistreatment, neglect, or abuse, including injuries of unknown source or misappropriation of funds or property, are reported immediately to the administrator of the facility or to other officials in accordance with State law;(5) Thoroughly investigate all alleged violations, prevent further potential abuse while the investigation is in progress and document all facts relating to the investigation; and(6) Ensure that results of all investigations, including citations, be reported to the administrator or designated representative or to other officials in accordance with State law within five working days of the incident, and if the alleged violation is verified, take appropriate action.(d) The department shall require that any complaint concerning a specific facility be expressed in a signed statement.[Eff FEB 03 1992] (Auth: HRS §§ 321-9, 321-11, 321-15.91) (Imp: HRS § 321-15.9)