N.J. Admin. Code § 8:111-3.5

Current through Register Vol. 56, No. 11, June 3, 2024

Section 8:111-3.5 - Personnel

(a) The facility shall maintain personnel records for each employee including, but not limited to, the employee's name, address, Social Security number, proof of identification, previous employment history (including verification), educational background, credentials (including progress toward acquiring the CADC or LCADC), professional license number with effective date and date of expiration (if applicable), certification (if applicable), verification of credentials, record of voluntarily disclosed criminal convictions, results of criminal history background checks, records of physical examinations, job descriptions, documentation of staff orientation and staff education received and evaluations of performance.

1. The facility shall complete performance evaluations on staff a minimum of once per year after initial employment.

2. The facility shall initiate State-level criminal history background checks supported by fingerprints not later than the time of hiring all staff, including student interns and volunteers.

3. Facilities shall provide each staff member with a photo identification card to include, at a minimum, the staff member's first name and last initial, job title, degree and/or certification.

4. The facility administrator shall make reasonable efforts to adhere to facility policies regarding the hiring of staff to ensure that staff are in good physical and mental health, emotionally stable, concerned for the safety and well-being of clients and have not been convicted of a crime relating adversely to the person's ability to provide care or interact with clients and families, either directly or indirectly, such as, but not limited to, drug-related offenses, homicide, aggravated assault, kidnapping, sexual offenses, robbery and crimes against the family, children or incompetents, except where the applicant or employee with a criminal history has demonstrated rehabilitation in order to qualify for employment. Such procedures for hiring employees with past criminal histories include, but are not limited to, this paragraph, shall be clearly written.

i. "Reasonable efforts" shall include, but need not be limited to, an inquiry on the employment application, reference checks and/or criminal history record background checks where indicated or necessary.

5. Facilities shall have a policy governing the review of criminal convictions identified by criminal history background checks or voluntary disclosure by prospective employees that shall include the process and standards by which convictions are reviewed to determine if the nature and severity thereof precludes consideration for hiring. Such policy shall not preclude the hiring of persons with criminal convictions, but may reasonably balance the type and severity of the crime, history of rehabilitation and nature of employment duties.

6. Facilities shall document verification and confirmation of licenses/certifications and educational degrees for all staff in accordance with facility policy and requirements established for the position by this chapter to determine that they are both current and not under suspension or other sanction from any licensing or certifying authority, which would preclude employment due to inappropriateness (that is, ethical violations) or lack of minimum qualifications/requirements for the position.

(b) The facility administrator shall establish written policies and procedures addressing the period of time during which staff in recovery are determined to be continuously substance-free (alcohol and/or other drug) before being employed in the facility, and which address the consequences of employee use of alcohol, tobacco, or illegal substances during working hours or when representing the treatment facility. The facility shall establish written policies precluding illegal substance, alcohol use and tobacco use, or showing evidence of use (for example, paraphernalia, cigarette packs, or other tobacco products) within the facility, on the grounds of the facility or when representing the facility.

1. Use of alcohol, tobacco, tobacco products, or illegal substances within the facility is prohibited.

2. Facilities shall immediately comply with the New Jersey Smoke-Free Air Act, N.J.S.A. 26:3D-55, et seq., which prohibits the smoking of tobacco products within all buildings.

(c) The facility administrator shall develop written job descriptions for all facility staff, including volunteers, and ensure that personnel are assigned duties based upon their education, training and competencies, and in accordance with their job descriptions.

(d) The facility shall employ only those personnel who are currently licensed, currently certified or authorized under the appropriate laws or rules of the State of New Jersey or under the applicable standards of the appropriate recognized credentialing body to provide client care and/or treatment.

(e) The facility shall ensure that adequate staffing levels are maintained to ensure continuity of care to clients; and shall ensure that substitute staff possess appropriate equivalent qualifications needed to function in that capacity.

(f) Facilities shall maintain a staff-to-client ratio as follows:

1. Notwithstanding the counselor-to-client ratios specified at N.J.A.C. 8:111-10.1, facilities serving adults shall have at least one staff member responsible for the supervision of each 24 adult clients during waking hours, and at least one staff member responsible for each 30 adult clients during sleeping hours, except that during waking or sleeping hours no less than two staff shall be present and awake at all times.

i. Halfway houses with 24 or fewer beds shall have at least one overnight staff on duty and awake to whom residents have immediate access in case of emergency;

2. Facilities serving adolescents shall have at least one staff member responsible for the supervision of each 10 adolescent clients during waking hours and at least one staff member responsible for the supervision of each 20 adolescent clients during sleeping hours, except that during waking or sleeping hours not less than two staff members shall be present at all times;

3. Facilities serving women and children shall meet the staff-to-client ratios specified in (f)1 above for adults for the women. The following ratio of staff-to-children shall apply when the children are not under the direct care of their mothers who are identified as providing care as primary activity, and the mothers are not engaged in any treatment or other facility-based activity:

i. At least one staff member for every five children under 2 1/2 years of age, and one staff for every 10 children ages 2 1/2 to six during waking hours;

ii. At least one staff member for every 10 children under 2 1/2 years of age and one staff for every 20 children ages 2 1/2 to six during rest or sleeping hours; and

iii. When children of mixed age groups, requiring different staff-to-child ratios are in one room or an area within a large divided room, the facility shall compute the staff-to-child ratios applicable for each group separately to the nearest 10th decimal. If the resulting cumulative figure for both age groups is any fraction above a whole number, an additional staff member shall be required; and

4. Non-counseling staff responsible for supervision during day or evening hours shall, at a minimum:

i. Be 18 years of age;

ii. Possess a high school or high school equivalency diploma.

(g) The facility shall develop and implement a staff orientation plan and a staff education plan, that includes written plans for each service and designation of person(s) responsible for training as follows:

1. All staff shall receive orientation at the time of employment and at least annual in-service education regarding, at a minimum, the facility's emergency plans and procedures, the infection prevention and control program, universal precautions, the policies and procedures concerning conflicts of interest, ethics and confidentiality, client rights, treating individuals with co-occurring disorders, cultural competence and, where appropriate, identifying and responding to cases of child abuse and elder abuse.

(h) At least one staff person who is currently certified in basic cardiac life support by the American Heart Association and the American Red Cross shall be present in the facility at all times during the facility's hours of operation.

N.J. Admin. Code § 8:111-3.5

Amended and recodified from 10:161A-3.5 53 N.J.R. 2208(a), effective 12/20/2021