Mich. Admin. Code R. 400.14201

Current through Vol. 24-21, December 1, 2024

Section R. 400.14201 - Qualifications of administrator, direct care staff, licensee, and members of household; provision of names of employee, volunteer, or member of household on parole or probation or convicted of felony; food service staff

Rule 201.

(1) An administrator and direct care staff shall be persons who are not residents.

(2) A licensee shall have the financial and administrative capability to operate a home to provide the level of care and program stipulated in the application.

(3) Before a temporary license is issued, an applicant and an administrator shall be competent in all of the following areas:

(a) Nutrition.

(b) First aid.

(c) Cardiopulmonary resuscitation.

(d) Foster care, as defined in the act.

(e) Safety and fire prevention.

(f) Financial and administrative management.

(g) Knowledge of the needs of the population to be served.

(h) Resident rights.

(i) Prevention and containment of communicable diseases.

(4) An applicant and an administrator shall be deemed competent to operate a home upon successfully completing 1 or more of the following:

(a) Training that is developed, approved, or provided by the department.

(b) A competency review that is developed by the department to be given to the applicant and administrator during the licensing process by the licensing agent.

(c) A program of study at an accredited college or university in areas relevant to the applicant's admission policy and program statement.

(d) Experience that is related to the direct care of residents in areas that are relevant to the populations which are identified in the home's admission policy and program statement.

(5) An administrator who is designated by the licensee after the promulgation of these rules shall meet the requirements of subrule (4) of this rule.

(6) A licensee and the administrator shall have a high school diploma or general education diploma or equivalent and not less than 1 year of experience working with the population identified in the home's program statement and admission policy.

(7) The provisions of subrule (6) of this rule shall not apply to those adult foster care licensees or administrators who are licensed, or applying to be licensed, before the promulgation of these rules.

(8) The provisions of subrule (6) of this rule shall not apply to an individual who is employed as an administrator of a home that was licensed before the promulgation of these rules.

(9) A licensee and the administrator shall possess all of the following qualifications:

(a) Be suitable to meet the physical, emotional, social, and intellectual needs of each resident.

(b) Be capable of appropriately handling emergency situations.

(c) Be capable of assuring program planning, development, and implementation of services to residents consistent with the home's program statement and in accordance with the resident's assessment plan and care agreement.

(10) All members of the household, employees, and those volunteers who are under the direction of the licensee shall be suitable to assure the welfare of residents.

(11) A licensee, direct care staff, and an administrator shall be willing to cooperate fully with a resident, the resident's family, a designated representative of the resident and the responsible agency.

(12) A licensee, direct care staff, administrator, or members of the household shall not be the legal guardian or conservator of a resident who lives in the home, except if a person is a relative of the resident or if the guardianship or conservatorship of the licensee existed before April 1, 1989, as specified in section 454 of Act No. 642 of the Public Acts of 1978, as amended, being S700.454 of the Michigan Compiled Laws.

(13) A licensee shall provide the department with the name of any employee, volunteer who is under the direction of the licensee, or member of the household who is on a court-supervised probation or parole or who has been convicted of a felony.

(14) A home that is licensed for 7 or more residents shall have a minimum of 1 individual who is qualified by training, experience, and performance to be responsible for food preparation. Additional food service staff shall be employed as necessary to ensure regular and timely meals.

Mich. Admin. Code R. 400.14201

1994 AACS