La. Admin. Code tit. 48 § I-8577

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

Section I-8577 - Staffing Requirements

A. An ICF/DD shall have a written plan for recruitment, screening, orientation, ongoing training, development, supervision and performance evaluation of staff members.

1. Recruitment. An ICF/DD shall employ qualified persons.

2. Screening

a. An ICF/DD's screening procedures shall address the prospective employee's qualifications, ability, related experience, health, character, emotional stability and social skills as related to the appropriate job description.

b. Prior to employing any person and upon obtaining a signed release and the names of the references from the potential employee, an ICF/DD shall obtain written references or phone notes on oral references from three persons.

3. Orientation. An ICF/DD's orientation program shall provide training for new employees to acquaint them with the philosophy, organization, program, practices and goals of the facility and shall include instruction in safety and emergency procedures and in the specific responsibilities of the employee's job.

4. Training

a. An ICF/DD shall ensure that each direct service worker participates in in-service training each year. Orientation training and activities related to routine supervision of the employee's tasks shall not be considered for the purposes of this requirement.

b. An ICF/DD shall document that all employees receive training on an annual basis in:

i. emergency and safety procedures;

ii. the principles and practices of individual care;

iii. the ICF/DD's administrative procedures and programmatic goals;

iv. individual rights; and

v. procedures and legal requirements concerning the reporting of abuse and critical incidents.

c. Direct service workers shall, in addition, receive training in acceptable behavior management techniques, crisis management and passive physical restraint.

d. An ICF/DD shall train staff to ensure the immediate accessibility of appropriate first aid supplies in the living units of the ICF/DD.

5. Evaluation

a. An ICF/DD shall undertake an annual performance evaluation of all staff members.

b. For any person who interacts with individuals, an ICF/DD's performance evaluation procedures shall address the quality and nature of a staff member's relationship with individuals.

6. Personnel Practices

a. An ICF/DD shall have written personnel policies and written job descriptions for each staff position.

b. An ICF/DD shall have a written employee grievance procedure.

c. An ICF/DD shall have a written policy on abuse reporting procedures that require all employees to report any incidents of abuse or mistreatment whether that abuse or mistreatment is done by another staff member, a family member, a resident or any other person.

B. Number and Qualifications of Staff

1. An ICF/DD shall employ a sufficient number of qualified staff and delegate sufficient authority to such staff to ensure that the responsibilities the ICF/DD undertakes are carried out and to adequately perform the following functions:

a. administrative functions;

b. fiscal functions;

c. clerical functions;

d. housekeeping, maintenance and food service functions;

e. direct service worker functions;

f. supervisory functions;

g. record keeping and reporting functions;

h. social service functions;

i. ancillary service functions; and

j. medication and treatment administration functions.

2. An ICF/DD shall ensure that all staff members are properly certified and/or licensed as legally required.

3. An ICF/DD shall ensure that an adequate number of qualified direct service staff are present with the individuals as necessary to ensure the health, safety and well-being of individuals. Staff coverage shall be maintained in consideration of the time of day, the size and nature of the ICF/DD and the ages and needs of the individuals.

4. An ICF/DD shall not knowingly hire or continue to employ any person whose health, educational achievement, emotional or psychological makeup impairs his/her ability to properly protect the health and safety of the individuals or is such that it would endanger the physical or psychological well-being of the individuals. This requirement is not to be interpreted to exclude continued employment in areas other than direct service capacities of persons undergoing temporary medical or emotional problems.

C. External Professional Services. An ICF/DD shall obtain any required professional services not available from employees of the ICF/DD and shall have documentation of access to such services either in the form of a written agreement with an appropriately qualified professional or a written agreement with the state for required resources.

D. Volunteers/Student Interns. An ICF/DD which utilizes volunteers or student interns on a regular basis shall have a written plan using such resources. This plan shall be given to all volunteers and interns. The plan shall indicate that all volunteers and interns shall:

1. be directly supervised by a paid staff member;

2. be oriented and trained in the philosophy of the facility and the needs of individuals, and methods of meeting those needs;

3. be subject to character and reference checks similar to those performed for employment applicants upon obtaining a signed release and the names of the references from the potential volunteer/intern student; and

4. be aware of and be briefed on any special needs or problems of individuals.

E. Direct Care Staff

1. All non-licensed direct care staff must meet minimum mandatory qualifications and requirements for direct service workers as required by R.S. 40:2179 through R.S. 40:2179.1 or a subsequently amended statute and be screened for eligibility for employment on the Louisiana Direct Service Worker Registry.

2. A provider shall ensure that each direct care staff completes no less than 16 hours of supervised classroom training per year to ensure continuing competence. The training must address areas of weakness as determined by the workers' performance reviews and may address the special needs of clients. Orientation and normal supervision shall not be considered for meeting this requirement.

3. All direct care staff shall be trained in recognizing and responding to medical emergencies of clients.

F. Staff Communications

1. An ICF/DD shall establish procedures to assure adequate communication among staff to provide continuity of services to the individual receiving services. This system of communication shall include:

a. a regular review of individual and aggregate problems of individuals including actions taken to resolve these problems;

b. sharing of daily information noting unusual circumstances and other information requiring continued action by staff; and

c. records maintained of all accidents, personal injuries and pertinent incidents related to implementation of individual's service plans.

2. Any employee of an ICF/DD working directly with individuals in care shall have access to information from individual case records that is necessary for effective performance of the employee's assigned tasks.

3. An ICF/DD shall establish procedures which facilities participation and feedback by staff members in policy-making, planning and program development for individuals receiving services.

La. Admin. Code tit. 48, § I-8577

Promulgated by the Department of Health and Hospitals, Bureau of Health Services Financing, LR 38:3201 (December 2012).

AUTHORITY NOTE: Promulgated in accordance with R.S. 36:254 and R.S. 40:2180-2180.5.