Section 11-100.1-9 - Personnel, staffing and family requirements(a) All individuals who either reside or provide care or services to residents in the Type I ARCH, shall have documented evidence that they have been examined by a physician prior to their first contact with the residents of the Type I ARCH, and thereafter shall be examined by a physician annually, to certify that they are free of infectious diseases.(b) All individuals who either reside or provide care or services to residents in the Type I ARCH shall have documented evidence of an initial and annual tuberculosis clearance.(c) Any individual providing services to the residents who develops evidence of an infectious disease shall be immediately relieved of any duties relating to food handling or direct resident contact, or both, and shall continue to be relieved of those duties until such time as a physician or APRN certifies it is safe for the individual to resume the duties. Undiagnosed skin lesions, respiratory tract symptoms or diarrhea shall be considered presumptive evidence of an infectious disease.(d) The primary caregiver or licensee acting as the primary caregiver must be present in the Type I ARCH at all times unless the primary caregiver or licensee acting as the primary caregiver has secured a substitute caregiver to provide temporary coverage for the primary caregiver or licensee acting as the primary caregiver.(e) The substitute care giver who provides coverage for a period less than four hours shall: (1) Be at least eighteen years of age;(2) Have the ability to communicate, read and write in the English language;(3) Be currently certified in first aid; and(4) Be trained by the primary care giver to make prescribed medications available to residents and properly record such action.(f) The substitute care giver who provides coverage for a period greater than four hours in addition to the requirements specified in subsection (e) shall: (1) Be currently certified in cardiopulmonary resuscitation;(2) Be able to provide personal care to the residents, including bathing, dressing, transferring, feeding, and transporting residents, and be able to provide care as stipulated in the schedule of activities or care plan;(3) Have sufficient knowledge and experience in nursing techniques to care for the residents, including taking vital signs, observing for medication efficacy and any untoward reactions;(4) Be able to provide recreational programs as developed; and(5) Follow planned menus, prepare and serve meals, including special menus and be able to make appropriate substitutions, as required.(g) The substitute care giver who provides coverage for a period greater than one month, shall meet the requirements as set forth in section 11-100.1-8(a).(h) When the primary care giver is planning an absence and the licensee is unable to find a substitute care giver, residents may be temporarily transferred to another appropriate facility licensed by the department, including but not limited to an ARCH or expanded ARCH.(i) The primary care giver shall give advance notice to residents and the resident's families, legal guardians, or surrogates or responsible agencies if the primary care giver plans to be absent for more than three days. Such advance notice shall be not less than one week except during emergencies. The primary care giver shall have a written plan, approved by the department, for providing resident care during any absence of the primary care giver from the Type I ARCH. This written plan shall also identify the duties and responsibilities of the substitute care giver. This rule does not apply to the primary care giver's short absences for shopping, errands, or other appointments unless the resident's condition requires full-time supervision and is addressed in the resident's schedule of activities or care plan.Haw. Code R. § 11-100.1-9
[Eff SEP 18 2006] (Auth: HRS §§ 321-9, 321-10, 321-11, 321-15.6) (Imp: HRS §§ 321-10, 321-11, 321-15.6)