N.D. Admin. Code 75-03-40-13

Current through Supplement No. 395, January, 2025

Section 75-03-40-13 - Personnel files

1. The facility shall maintain an individual file on each employee. The file must include:

a. File inventory detailing first and last date of employment, reason employment ended, training totals per year, and performance evaluation dates;

b. The application for employment including a record of previous employment;

c. A job description specifying the employee's roles and responsibilities;

d. A statement signed by the employee acknowledging the confidentiality policy;

e. Documentation of information obtained from an employee's references if previously employed at another residential facility;

f. Annual performance evaluations;

g. Professional development and training records consisting of the name of presenter, date of presentation, topic of presentation, and length of presentation. The following training must be completed and required training certificates placed in the employee file:

(1) First-aid training;

(2) Cardiopulmonary resuscitation and automated external defibrillator; and

(3) Nonviolent crisis intervention;

h. Evidence of the employee having read and received a copy of the law and facility procedures requiring the reporting of suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1, initially upon hire and annually thereafter;

i. Results of fingerprint-based criminal background checks, motor vehicle operator's license record, as applicable, and child abuse or neglect record;

j. Any other evaluation or background check deemed necessary by the facility administrator of the facility;

k. Verification of any required license or qualification for the position or tasks assigned to the employee; and

l. A copy of a valid driver's license, if applicable.

2. The facility shall maintain an individual file on each nonemployee. The file must include:

a. Personal identification information;

b. Results of fingerprint-based criminal background checks, motor vehicle operator's license record, as applicable, and child abuse or neglect record;

c. Description of duties;

d. Orientation and training records consisting of name of presenter, date of presentation, topic of presentation, and length of presentation;

e. Evidence of the nonemployee having read and received a copy of the law and facility procedures requiring the reporting of suspected child abuse and neglect, North Dakota Century Code chapter 50-25.1, initially upon hire and annually thereafter; and

f. A statement signed by the nonemployee acknowledging the confidentiality policy.

3. The facility shall adopt a policy regarding the retention of personnel files.

N.D. Admin Code 75-03-40-13

Adopted by Administrative Rules Supplement 374, October 2019, effective 10/1/2019.

Amended by Administrative Rules Supplement 2024-392, April 2024, effective 4/1/2024.

General Authority: NDCC 50-11-03

Law Implemented: NDCC 50-11-02