16 Del. Admin. Code § 3320-9.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 3320-9.0 - Personnel

9.1 Director

9.1.1 Qualifications

9.1.1.1 Must be at least 21 years of age and must possess one of the following:

9.1.1.1.1 A master's degree in social work, sociology, psychology, guidance and counseling, a human behavioral science or a related field from an accredited college, and three years of full-time work experience in human services or a related field, at least two years of which must have been in an administrative or supervisory capacity; or

9.1.1.1.2 A bachelor's degree in social work, sociology, psychology, guidance and counseling, a human behavioral science or a related field from an accredited college, and five years of post-bachelor's degree full-time work experience in human services or a related field, at least two years of which must have been in an administrative or supervisory capacity.

9.1.2 The director must adopt and implement a chain of command that ensures the proper and effective supervision and monitoring of employees and volunteers.

9.1.3 The director must be employed full-time.

9.2 Supervisor

9.2.1 Qualifications

9.2.1.1 Must be at least 21 years of age and must possess at least one of the following:

9.2.1.1.1 A master's degree in social work, sociology, psychology, guidance and counseling, human behavioral science or a related field from an accredited college and at least two years of full-time work experience in social work, human services, counseling or a related field; or

9.2.1.1.2 A bachelor's degree in social work, sociology, psychology, guidance and counseling, human behavioral science or a related field from an accredited college and at least four years of full-time work experience in social work, human services, counseling or a related field; or

9.2.1.1.3 An associate degree in social work, sociology, psychology, guidance and counseling, human behavioral science or a related field from an accredited college and three years of full-time work experience in an IBSER.

9.2.2 The supervisor must be employed full-time.

9.3 Direct Care Worker

9.3.1 Qualifications

9.3.1.1 Must be at least 21 years of age and must possess a high school diploma or an equivalent.

9.3.2 Each IBSER shall have dedicated direct care workers in numbers adequate to meet the care needs of each resident.

9.4 Administrative Oversight and Supervisor-to-Staff Ratios

9.4.1 The Director must ensure that there is a sufficient number of administrative, supervisory, social service, educational, recreational, direct care, and support employees or volunteers to perform the functions prescribed by these requirements and to provide for the care, needs, protection and supervision of residents.

9.4.2 The ratio of direct care workers to residents during off-grounds activities or excursions must be the same as the ratio of direct care workers to residents that are required during on-grounds activities.

9.4.3 There must be a full-time director for 1 or more IBSERs.

9.4.4 Each IBSER must have a full-time supervisor.

9.4.5 The director or supervisor must be on-call and available to the direct care workers at all times.

9.4.6 A minimum of 2 direct care workers must be on site and awake at all times when residents are present in the IBSER.

9.4.6.1 The number of direct care workers on duty must be based upon the assessment of the residents needs.

9.5 Orientation and Training of Employees and Volunteers

9.5.1 All employees and volunteers must complete a minimum of 40 hours of orientation before commencing work. This orientation will include:

9.5.1.1 The purpose, policies and procedures of the IBSER;

9.5.1.2 Their role and responsibilities for the protection of residents;

9.5.1.3 The requirements to report allegations of abuse, neglect, mistreatment and financial exploitation;

9.5.1.4 Emergency procedures and the location of emergency exits and emergency equipment, including first aid kits;

9.5.1.5 Confidentiality requirements, including Health Insurance Portability and Accountability Act (HIPAA); and

9.5.1.6 Crisis management and safety.

9.5.2 Employees must be deemed competent in physical intervention techniques prior to working with residents.

9.5.3 In addition to an initial orientation, all direct care workers must receive 40 hours of training annually to maintain, enhance or improve their knowledge and skills in carrying out their job responsibilities. Instruction must include:

9.5.3.1 Cardiopulmonary resuscitation (CPR);

9.5.3.2 First aid;

9.5.3.3 Cultural sensitivity;

9.5.3.4 Behavior management; and

9.5.3.5 Physical intervention techniques.

9.5.4 All orientation and training documents must be kept on file to document the delivery of the training to each employee/volunteer.

9.6 Volunteers

9.6.1 The qualifications of volunteers must be appropriate to the duties they perform.

9.6.2 A designated employee must be assigned to supervise volunteers.

9.6.3 Any volunteer who provides services or assistance on a routine basis is subject to the same background check as employees.

9.6.4 Volunteers are not permitted to perform physical interventions.

9.7 Health

9.7.1 All prospective employees and volunteers must have, on file, the results of a general physical examination within 12 months prior to the date of employment or volunteering.

9.7.2 All prospective employees and volunteers must have, on file, evidence that they have had a medically accepted procedure for screening for tuberculosis (TB) within 3 months prior to the date of employment or volunteering.

9.7.2.1 Minimum requirements for TB testing are those currently recommended by the Centers for Disease Control and Prevention of the U.S. Department of Health and Human Services.

9.7.3 To be eligible to work in the IBSER or program, an employee or volunteer must be free from communicable disease.

9.7.4 All IBSERs shall have on file evidence of an annual vaccination against influenza for all employees and volunteers unless refused or medically contraindicated.

9.7.4.1 The provider must document and keep on file each employee's/volunteer's acceptance or refusal of the flu vaccine.

16 Del. Admin. Code § 3320-9.0

23 DE Reg. 43( 7/1/2019) (final)