La. Admin. Code tit. 48 § I-1311

Current through Register Vol. 50, No. 11, November 20, 2024

Section I-1311 - Employee Discipline

A. Responsibility and authority for imposition of discipline rests with the facility administrator.

B. Each facility shall maintain and disseminate to its employees a written policy which shall include the following:

1. a clear prohibition of abuse/neglect of residents as those terms are defined herein;

2. the concept of progressive discipline. This means that except in instances of extremely serious or repeated misconduct, discipline should focus on providing additional training or support for staff along with disciplinary measures short of termination (e.g. probation, suspension) rather than seeking termination of the employee as the first option;

3. measures to protect class members from an employee suspected of abuse/neglect during the pendency of any investigation. Such measures may include suspension, removing the employee from contact with and/or responsibility for the class member, transferring the employee to another facility or other measures as may be appropriate for the circumstance;

4. a requirement that final disciplinary action, if any, be taken within 48 hours of receipt of the investigation report, unless an employee admits responsibility for an incident of abuse/ neglect or other compelling circumstances warrant immediate final action. Final disciplinary action should generally await the receipt of the investigation report.

La. Admin. Code tit. 48, § I-1311

Promulgated by the Department of Health and Human Resources, Office of the Secretary, LR 13:246 (April, 1987), amended LR 13:299 (May, 1987), amended LR 14:538 (August 1988).

AUTHORITY NOTE: Promulgated in accordance with Gary W., et al., vs. State of Louisiana, Civil 'Action 74-2412.