16 Del. Admin. Code § 3301-7.0
Current through Register Vol. 28, No. 3, September 1, 2024
Section 3301-7.0 - Personnel/Administrative7.1 There must be a licensee of the facility. The licensee must: 7.1.1 Exercise general policy, budget, and operating direction over the facility;7.1.2 Appoint the administrator of the facility who shall have: 7.1.2.1 An associates degree or higher from an accredited college or university plus three (3) years experience in a health or human services field; or7.1.2.2 A bachelor's degree or higher in a health, business, or related field and a minimum of one year's work experience in a health or human service field.7.1.2.3 Insure all operations of the group home facility are conducted in accordance with these regulations and applicable Federal, state and local laws and requirements.7.2 The licensee and the administrator shall be responsible for complying with the regulations herein contained. In the absence of the administrator, a qualified substitute shall be authorized, in writing, to be in charge.7.3 The administrator must be on duty and on site in the home a minimum of four (4) hours a day, five (5) days a week.7.4 In addition to the staff engaged in the direct care and treatment of residents, there must be sufficient personnel to provide basic services such as: food service, laundry, housekeeping and plant maintenance. Nursing service personnel shall not be engaged in food service, laundry, housekeeping and plant maintenance.7.5 All personnel shall submit to and pass a criminal background check and drug testing in accordance with 16Del.C. Ch. 11, Subchapter IV., Criminal Background Checks and Mandatory Drug Testing.7.6 No employee shall be less than 18 years of age and no person shall be employed who has been convicted of a disqualifying crime as set forth in the Criminal Background Check regulations of the Division of Long Term Care Residents Protection.7.7 The facility shall have written personnel policies and procedures that adequately support sound resident care. Personnel records of each employee shall be kept current and available upon request by the Division representatives and shall contain sufficient information to support placement in the positions to which assigned.7.8 Minimum requirements for employee physical examinations include: 7.8.1 The facility shall have on file results of tuberculin tests performed annually for all employees, including volunteers who are involved in the care of residents. The tuberculin test to be used is the Mantoux test containing 5 TU-PPD stabilized with Tween, injected intradermally, using a needle and syringe, usually on the volar surface of the forearm. Persons found to have a significant reaction (defined as 10 mm of induration or greater) to tests shall be reported to the Division of Public Health and managed according to recommended medical practice. A tuberculin test as specified, done within the twelve months prior to employment or a chest x-ray showing no evidence of active tuberculosis shall satisfy this requirement for asymptomatic individuals. A report of this skin test shall be kept on file.7.8.2 Employees who do not have a significant reaction to the initial tuberculin test (those individuals who have less than 10 mm induration) should be retested within 7 - 21 days to identify those who demonstrate delayed reactions. Tests done within one year of a previous test need not be repeated in 7 -21 days.7.8.3 No person, including volunteers, found to have active tuberculosis in an infectious stage shall be permitted to give care and service to residents.7.9 Each applicant of a group home must have a medical evaluation for tuberculosis before being admitted to a group home. Any resident found to have active tuberculosis in an infectious stage may not be admitted or continue to reside in a group home.7.10 The licensee shall approve written policies and procedures pertaining to the services the group home provides. Such policies and procedures should reflect the philosophy and objectives of the home to provide on a continuing basis good medical, nursing and psychosocial care for all persons admitted to the home who require such care, Such policies and procedures shall reflect the requirements of Section 62.7 and include: 7.10.1 Admission, transfer and discharge policies7.10.2 Categories of residents accepted or not accepted7.10.3 Physician services7.10.5 Food and nutrition services including kitchen sanitation, food handling and storage7.10.6 Rehabilitative services7.10.7 Pharmaceutical services7.10.8 Diagnostic services7.10.9 Housekeeping services7.10.10 A written policy and procedure denoting care of residents 7.10.10.1 In an emergency7.10.10.2 During a communicable disease episode7.10.10.3 In case of critical illness or mental disturbance7.10.13 Resident activities, recreational, social, religious7.10.15 Fire and safety policies7.10.16 Advance directives to include: 7.10.16.1 On admission, inform residents in writing of their right 1) to accept or refuse treatment, 2) to give written instructions concerning their care and 3) to appoint an agent or proxy to make health cue decisions.7.10.16.2 Documenting in medical records whether or not residents have executed advance directives.7.10.16.3 Ensuring compliance with requirements of state law on advance directives.7.10.16.4 Providing education for staff on issues concerning advance directives.7.10.17 Infection control.7.11 A group home that provides direct healthcare services to persons diagnosed as having Alzheimer's disease or other forms of dementia shall provide dementia specific training each year to those healthcare providers who must participate in continuing education programs. The mandatory training must include: communicating with persons diagnosed as having Alzheimer's disease or other forms of dementia; the psychological, social, and physical needs of those persons; and safety measures which need to be taken with those persons. This paragraph shall not apply to persons certified to practice medicine under the Medical Practice Act, Chapter 17 of Title 24 of the Delaware Code.16 Del. Admin. Code § 3301-7.0
5 DE Reg. 1079 (11/1/01)
15 DE Reg. 192 (08/01/11)