10-144-113 Me. Code R. § I-9

Current through 2024-51, December 18, 2024

Section 144-113-I-9 - Provider and Staff Qualifications and Responsibilities

9.1 Provider's age. The provider shall be at least twenty-one (21) years of age. [Class III]

9.2 Education, experience and training. The provider shall submit satisfactory evidence regarding education, experience and training to meet the needs of the residents to be served.

9.3 Qualifications of the provider. The provider must demonstrate to the Department's satisfaction the capacity to operate and manage the facility with regard for the best interests of residents and consistent compliance with these regulations and all relevant laws. In making this determination, the Department may consider:

9.3.1 Records of professional licensing boards or registers, any criminal record, child protective record or adult protective record relating to the provider.

9.3.2 Understanding of and compliance with resident rights.

9.3.3 Any information reasonably related to the ability to provide safe and compassionate services.

9.4 Responsibilities. The provider is responsible for the overall operation of the facility and shall:

9.4.1 Ensure that staff are qualified, adequately trained and competent and are performing their duties consistent with all regulations and provisions of law;

9.4.2 Make work assignments according to the qualifications of staff and the number and needs of the residents; and

9.4.3 Assure that each resident's abilities and needs are adequately assessed and that each resident is offered all necessary services.

9.5 Qualifications of other staff. Other caregivers must meet the following standards:

9.5.1 Any person who is given supervisory responsibility over residents must be a capable and dependable person at least eighteen (18) years of age, who is not a resident. Such a person, or the provider, will be available whenever a resident is in the facility. A record of the name, address and telephone number of persons who provide supervision in the absence of the provider shall be kept on file in the facility and shall be made available to the Department upon request. This person will be instructed regarding evacuation procedures for the facility. [Class I, II, III, IV]

9.5.2 Residential care staff shall attend and show evidence of successful completion of any training that the Department determines to be necessary. [Class II]

9.5.3 No provider shall knowingly employ or otherwise permit any person to serve therein, in any capacity, if such person has a communicable or contagious disease that would threaten the health and welfare of the residents, unless Standard Precautions reduce or eliminate exposure or risk to the residents. [Class I, II, III, IV]

9.6 Consultation services.

9.6.1 Pharmacist consultant services. The Department reserves the right to require pharmacist consultation in the event that serious or multiple deficiencies in medication administration are noted.

9.6.2 Registered nurse consultant services. The Department reserves the right to require licensed nurse consultation in the event that serious or multiple deficiencies in the health care of residents are noted.

9.6.3 Consultant dietitian services. The Department reserves the right to require a qualified consultant dietitian in the event that serious or multiple deficiencies in food service are noted.

10-144 C.M.R. ch. 113, § I-9