Section 11-99-13 - Governing body and management Each facility shall have an organized governing body, or designated person or persons so functioning, who have overall responsibility for the conduct of all activities. The facility shall maintain methods of administrative management which assure that:
(1) Staffing (A) There shall be on duty twenty-four hours of each day, staff sufficient in number and qualifications to carry out the policies, responsibilities and program of the facility.(B) The numbers and categories of personnel shall be determined by the number of residents and their particular needs.(2) Personnel policies (A) There shall be written job descriptions available for all positions. All employees shall be informed of their duties and responsibilities at the time of employment.(B) Licensure, certification, or standards such as are the usual standard of practice in the community shall be required for all comparable positions in the facility.(C) Ethical standards of professional conduct shall be recognized as applying in the facility.(D) The facility's personnel policies and practices shall be in writing and shall be available to all employees.(E) Written policy shall prohibit mistreatment, neglect, or abuse of residents. Alleged violations shall be reported immediately, and there shall be evidence that: (i) All alleged violations are thoroughly investigated and documented.(ii) The results of such investigation are reported to the administrator or the designated representative within twenty-four hours of the report of the incident; and(iii) Appropriate sanctions are invoked when the allegation is substantiated.(F) There shall be an organization chart showing the major operating programs of the facility, with staff divisions, administrative personnel in charge of programs and divisions, and their lines of authority, responsibility, and communication.(G) There shall be documented evidence that every employee has a pre-employment and an annual health evaluation by a physician. These evaluations shall be specifically oriented to determine the absence of any infectious disease. Each examination shall include a tuberculin skin test, as defined, or a chest x-ray.(H) Any employee who develops evidence of an infection shall be immediately excluded from any duties relating to food handling and direct resident contact until such time as a physician certifies it is safe for the employee to resume these duties. Skin lesions, respiratory tract symptoms or diarrhea shall be considered presumptive evidence of infectious disease.(I) If the tuberculin skin test is positive, a standard chest x-ray with appropriate medical follow-up shall be obtained.(J) If the tuberculin skin test is negative, a second tuberculin skin test shall be done after one week, but not later than three weeks after the first test. The results of the second test are to be considered the baseline test and used to determine appropriate treatment and follow-up. That is, if the second skin test is positive, then proceed, as above, with a chest x-ray which shall be repeated yearly for at least three successive years. If the second skin test is negative, a single skin test shall be repeated yearly until it becomes positive.[Eff. APR 29, 1985] (Auth: HRS §§ 321-9, 321-10, 321-11, 333-53) (Imp: HRS § 333-53)