Utah Admin. Code 432-270-9

Current through Bulletin 2024-23, December 1, 2024

Section R432-270-9 - Personnel

(1) The licensee shall ensure that qualified direct-care personnel are on the premises 24 hours a day to meet residents' needs as determined by the residents' assessment and service plans. The licensee shall employ additional staff as necessary to perform:

(a) office work;

(b) cooking;

(c) housekeeping;

(d) laundering; and

(e) general maintenance.

(2) The licensee shall ensure qualified staff perform services in accordance with the resident's written service plan.

(3) The licensee shall ensure that personnel who provide personal care to residents in a type I and type II facility are at least 18 years of age or may be a certified nurse aide in accordance with Section 58-31b-3 and shall have related experience or on the job training for the job assigned.

(4) The licensee shall ensure that personnel are licensed, certified, or registered in accordance with applicable state laws.

(5) The administrator shall maintain written job descriptions for each position, including job title, job responsibilities, qualifications or required skills.

(6) The licensee shall make facility policies and procedures available to personnel.

(7) The licensee shall ensure each employee receives documented orientation to the facility for their hired position. The licensee shall provide orientation within 30 days of hire that includes the following:

(a) job description;

(b) ethics, confidentiality, and residents' rights;

(c) fire and disaster plan;

(d) policy and procedures;

(e) reporting responsibility for abuse, neglect and exploitation; and

(f) a department-approved core competency training.

(8) In addition to completing facility orientation and demonstration of core competency skills, the licensee shall provide each direct-care employee with 16 hours of documented one-on-one job training with a direct-care employee, with at least three months of experience and who has completed orientation, or with the supervising nurse at the facility. Additionally, the licensee shall ensure:

(a) training is not transferred to another facility and includes:

(i) transfer assistance and safety; and

(ii) activities of daily living;

(b) direct-care employees hired from a staffing agency are certified nurse aides and are exempt from the 16 hours of one-on-one training; and

(c) employees who are certified nurse aides are exempt from the 16 hours of one-on-one job training.

(9) The licensee shall ensure each employee receives documented in-service training and tailor the training to annually include the following subjects relevant to the employee's job responsibilities:

(a) principles of good nutrition, menu planning, food preparation, and storage;

(b) principles of good housekeeping and sanitation;

(c) principles of providing personal and social care;

(d) proper procedures in assisting residents with medications;

(e) recognizing early signs of illness and determining if there is a need for professional help;

(f) accident prevention, including safe bath and shower water temperatures;

(g) communication skills, that enhance resident dignity;

(h) first aid;

(i) resident's rights;

(j) abuse and neglect reporting requirements of Section 26B-6-205;

(k) dementia and Alzheimer's specific training; and

(I) review of core competency training.

(10) The facility administrator shall annually complete a minimum of four hours of core competency training that includes dementia and Alzheimer's specific training.

(11) In addition to core competency training, the facility administrator shall:

(a) complete a minimum of six hours of approved continuing professional education (CPE) annually as follows:

(i) complete a minimum of five hours in person; and

(ii) complete a minimum of one additional hour either in person or online;

(b) ensure CPE courses under Subsection (11) are:

(i) approved by the Utah Assisted Living Association (UALA), Utah Health Care Association (UHCA), or Beehive Homes; or

(ii) require prior approval under Subsection (11)(b)(i) for courses offered by other entities or organizations; and

(c) calculate 50 minutes of CPE as one hour.

(12) The licensee shall ensure employees who report suspected abuse, neglect, or exploitation are not subject to retaliation, disciplinary action, or termination by the facility for that reason alone.

(13) The licensee shall ensure a personnel health program is established through written personnel health policies and procedures that protect the health and safety of personnel, residents, and the public.

(14) The licensee shall:

(a) ensure an employee health inventory is completed when an employee is hired;

(b) use a department-approved form for the health inventory evaluation or their own form if it includes at least the employee's history of the following:

(i) conditions that may predispose the employee to acquiring or transmitting infectious diseases; and

(ii) conditions that may prevent the employee from performing certain assigned duties satisfactorily;

(c) develop an employee health screening and immunization components of for its personnel health program;

(d) ensure employee skin testing:

(i) uses the Mantoux Method or other Food and Drug Administration, (FDA) approved in-vitro serologic test; and

(ii) perform follow-up procedures for tuberculosis in accordance with Rule R388-804, Special Measures for the Control of Tuberculosis;

(e) ensure employees are skin-tested for tuberculosis within two weeks of:

(i) initial hiring;

(ii) suspected exposure to a person with active tuberculosis; and

(iii) development of symptoms of tuberculosis;

(f) report any infections and communicable diseases reportable by law to the local health department in accordance with Section R386-702-3; and

(g) allow employees with known positive reaction to skin tests to be exempt from skin testing.

(15) The licensee shall ensure policies and procedures governing an infection control program are developed and implemented to protect residents, family, and personnel including appropriate task-related employee infection control procedures and practices.

(16) The licensee shall ensure compliance with the Occupational Safety and Health Administration's Bloodborne Pathogen Standard.

Utah Admin. Code R432-270-9

Amended by Utah State Bulletin Number 2017-1, effective 12/6/2016

Amended by Utah State Bulletin Number 2020-19, effective 9/15/2020

Amended by Utah State Bulletin Number 2023-22, effective 11/9/2023