Statutes, codes, and regulations
Maine Administrative Code
Department 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICESDivision 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERALChapter 113 - Regulations Governing the Licensing and Functioning of Assisted Housing Programs (includes Assisted Living Programs, Residential Care Facilities, and Private Non-Medical Institutions) (formerly 10-149 Ch. 113)
Residential Care Facilities
Section 144-113-III-10 - Provider and Staff Qualifications and Responsibilities

10-144-113 Me. Code R. § III-10

Download
PDF
Current through 2024-51, December 18, 2024
Section 144-113-III-10 - Provider and Staff Qualifications and Responsibilities
10.1 Provider's age. The provider shall be at least twenty-one (21) years of age. [Class III]
10.2 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.
10.3 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:
10.3.1 Records of professional licensing boards or registers, any criminal record, child protective record or adult protective record relating to the provider.
10.3.2 Understanding of and compliance with resident rights.
10.3.3 Any information reasonably related to the ability to provide safe and compassionate services.
10.4 Operating cash flow. Upon initial application, the provider shall give evidence of income or cash flow to meet the expenses of the facility for at least the first two (2) months. This may include such evidence as a line of credit or liquid assets.
10.5 Provider responsibilities. The provider is responsible for the overall operation of the facility and shall:
10.5.1 Ensure that staff are qualified, adequately trained and competent and are performing their duties consistent with all regulations and provisions of law;
10.5.2 Make work assignments according to the qualifications of staff and the number and needs of the residents; and
10.5.3 Assure that each resident's abilities and needs are adequately assessed and that each resident is offered all necessary services.
10.6 Qualifications of other staff. Other caregivers must meet the following standards:
10.6.1 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]
10.6.2 Residential care staff shall attend and show evidence of successful completion of any training that the Department determines to be necessary.
10.6.3 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]
10.7 Staffing levels. Staffing shall be sufficient to implement service plans and provide a safe setting. Whenever the Department determines that supervision and services are not adequate to meet resident needs, additional staffing may be required at the discretion of the Department. Additionally, staffing may be permitted to be shared with other levels of assisted housing programs on the same premises as long as there is a clear, documented audit trail and the staffing in the Level III remains adequate to meet the needs of the residents. Staffing to be shared may be based upon the average number of hours used per week or month.
10.8 Nursing services. Nursing services are to be provided by professional nurses pursuant to Title 32 M.R.S.A. §2102, subsection 2. This includes coordination and oversight of assisted living services by unlicensed assistive personnel.
10.9 Consultation services.
10.9.1 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.
10.9.2 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.
10.9.3 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, § III-10