D.C. Mun. Regs. r. 22-A3850

Current through Register Vol. 71, No. 25, June 21, 2024

Rule 22-A3850 - MINIMUM QUALIFICATIONS FOR PERSONS WORKING IN MHCRF

3850.1

Every Residence Director and staff person employed by the MHCRF shall meet the following requirements prior to commencing work at the facility and maintain compliance with these requirements:

(a) Be at least eighteen (18) years of age;

(b) Have a high school diploma or the equivalent;

(c) Have at least one (1) year of experience working with persons with mental illness or one (1) year of education in human services, or a combination of education and experience totaling at least one (1) year;

(d) Have met criminal background check requirements as set forth in §§ 3850.10 through 3850.14;

(e) Have had a physical examination completed by a licensed physician or other licensed and qualified health care provider, and submitted a certification that he or she is free of communicable disease to the MHCRF prior to commencing work and annually thereafter;

(f) Have produced a current health certification that includes the result of an intra-dermal tuberculin skin test or chest x-ray indicating no active tuberculosis and documentation of any other screenings, immunizations or certifications that may be required by the Department of Health prior to commencing work and annually thereafter;

(g) Have a current First Aid Certificate from the Red Cross or other organization recognized by the Department, including training in the Heimlich maneuver;

(h) Have a current CPR (cardio-pulmonary resuscitation) Certificate from the Red Cross or other organization recognized by the Department;

(i) Have a current FPM or FSM certification, if engaged in any food preparation at the facility, as provided in § 3834.1 and § 3834.2;

(j) Meet any additional education, experience, licensure, or certification qualifications required pursuant to a current contract with the Department.

3850.2

The MHCRF shall also ensure timely renewal of all certifications required by §§ 3850.1(e), (f), (g), (h) and (i), and attendance at periodic training as required by the Department, including attendance by new staff at the first Mental Health First Aide course offered by DBH after hire.

3850.3

A volunteer may provide additional support services at the MHCRF while staff is present if the volunteer meets the requirements of §§ 3850.1(a), (c), (d), (e) and (f), and, if engaged in food preparation, (i).

3850.4

No person who is not a staff member can reside at the MHCRF, unless:

(a) The MHCRF has provided written notice to the Department that the person will be residing at the facility;

(b) The individual has met the requirements of §§ 3850.1(a), (c), (d), (e) and (f), and, if engaged in food preparation, (i); and

(c) The individual's presence does not cause the MHCRF to exceed occupancy limits.

3850.5

A home health aide or personal care aide providing services to individual residents shall provide documentation of certification by the D.C. Board of Nursing pursuant to 17 DCMR, Chapter 93, and if providing services reimbursed by Medicaid, shall meet applicable requirements in 29 DCMR, Chapter 51.

3850.6

Each personal care aide providing services to individual residents shall provide documentation of training and certification pursuant to 29 DCMR, Chapter 50, shall be employed by a District licensed home health agency in good standing with the D.C. Department of Health, and shall be supervised by a physician or nurse in accordance with 22-B DCMR, Chapter 39.

3850.7

An individual providing other support services at a MHCRF shall have the requisite professional license or certificate to perform the applicable service.

3850.8

No person shall provide services to residents at the MHCRF who does not meet the requirements of this section, except District of Columbia licensed health care professionals or identified members of the resident's CSA treatment team.

3850.9

No child or youth under the age of eighteen (18) shall reside in a MHCRF for any reason.

3850.10

Each MHCRF shall ensure that a criminal background check in accordance with the Criminal Background Check Act and any applicable District implementing regulations is obtained for each "unlicensed person" as defined in this chapter, who will work in the facility as an employee or contract worker or who will have unsupervised access to the facility and residents, including the Operator, the Residence Director, staff, or volunteers. Any unlicensed person who has not had a criminal background check must remain in the immediate presence of the Operator or a staff person at all times.

3850.11

The Operator shall ensure that the background check is completed and obtain verification that there is no disqualifying history prior to allowing an unlicensed person to work at the facility or have unsupervised access to the facility and residents.

3850.12

No person, who has been convicted of a disqualifying crime within the seven (7) years preceding the background check or whose name appears on one of the following registers or websites shall work at the MHCRF as an Operator, Residence Director, contractor, employee or volunteer, or have unsupervised access to the facility and residents:

(a) The Nurse Aide Abuse Registry maintained by the Mayor;

(b) The Dru Sjodin National Sex Offender Public Website, (or other sex offender registry or website subsequently mandated by District rules); or

(c) The D.C. Child and Family Services Agency Child Protection Register.

3850.13

The MHCRF shall ensure that each unlicensed person undergoes a criminal background check every four (4) years pursuant to 22-B DCMR, Chapter 47.

3850.14

If an MHCRF learns that a person is working at the facility or has unsupervised access to the facility and residents in violation of § 3850.12 and the Criminal Background Check Act, the MHCRF shall inform DBH within forty-eight (48) hours.

D.C. Mun. Regs. r. 22-A3850

Final Rulemaking published at 64 DCR 1633 (2/16/2018)