6 Colo. Code Regs. § 1011-1 Chapter 08 Part 6

Current through Register Vol. 47, No. 11, June 10, 2024

Part 6 - Personnel and Staffing

6.1 The administrator shall ensure staff members and volunteers are qualified by education, training, and/or experience.

6.2 The administrator, or their designee, shall ensure that a name-based criminal history record check is performed for each staff member or volunteer providing direct care, supervision, or having unsupervised contact with a resident, prior to their employment or acceptance as a volunteer.

(A) If the applicant has lived in Colorado for more than three (3) years at the time of application, the facility shall obtain a name-based criminal history record check conducted by the Colorado Bureau of Investigation.

(B) If the applicant has lived in Colorado for three (3) years or less at the time of application, the facility shall obtain a name-based criminal history record check for each state in which the applicant has lived during the past three years, conducted by the respective state's bureau of investigation or equivalent state-level law enforcement agency or other name-based report, as determined by the Department.

(C) If the criminal history record check reveals any convictions or pleas, the information shall be considered in accordance with the policies developed by the governing body in accordance with Part 4.2(B) of these rules.

(D) If the administrator becomes aware of information that indicates a staff member or volunteer could pose a risk to the health, safety, and welfare of the residents, the administrator shall request an updated criminal history record check from the Colorado Bureau of Investigation and/or other relevant law enforcement agency.

(E) If the facility contracts with a staffing agency for the provision of resident services, it shall require the staffing agency to meet the requirements of this part.

6.3 The facility shall establish written policies concerning pre-employment physical evaluations and employee health. Those policies shall include, at a minimum:

(A) Tuberculin skin testing of each staff member or volunteer prior to direct contact with residents; and

(B) The imposition of work restrictions on direct care staff or volunteers who are known to have any illness in a communicable stage, including, at a minimum, that such individuals be barred from direct contact with residents or resident food.

6.4 The facility shall maintain personnel records on each staff member and volunteer. Such records shall be available for Department review and shall include, but not be limited to:

(A) Application and/or resume, date of hire or acceptance of volunteer service, and date duties started;

(B) Documentation of orientation and training, including first aid and CPR certification, if applicable;

(C) Verification of credentials;

(D) Results of criminal history record checks and follow-up, if applicable; and

(E) Evidence regarding the absence or control of communicable diseases, including tuberculosis or hepatitis B, as applicable.

6.5 The administrator shall develop a written plan of organization detailing the authority, responsibility, and functions of different types of personnel.

6.6 There shall be written personnel policies including, but not limited to:

(A) Job descriptions and assigned responsibilities;

(B) Conditions of employment or volunteer service;

(C) Management of employees and volunteers; and

(D) Restrictions of on-site access by staff or volunteers with drug or alcohol use that would adversely impact their ability to provide resident care and services.

6.7 The administrator shall ensure that each staff member is provided notice of the personnel policies when hired and shall ensure the policy is explained during the initial orientation and after any policy changes are made.

6.8 The administrator shall ensure that there is sufficient trained staff on duty to meet the needs or potential needs of all residents at all times, considering individual needs such as the risk of accident, hazards, or other challenging events.

(A) The administrator shall ensure that the facility does not depend upon residents to perform staff functions.

(B) A facility may use volunteers, but any volunteer shall not be included in the facility's staffing plan in lieu of employees.

(C) The facility shall ensure that at least one staff member with current certification in first aid is available on site when residents are present, unless such residents are unsupervised in accordance with their service plan.

(D) The facility shall ensure that at least one staff member with current certification in cardiopulmonary resuscitation (CPR) and obstructed airway techniques is available on site when residents are present, unless such residents are unsupervised in accordance with their service plan.

6.9 Each staff member and volunteer shall be physically and mentally able to adequately and safely perform all functions essential to their assigned responsibilities.

6 CCR 1011-1 Chapter 08 Part 6