Current through Register Vol. 35, No. 8, April 23, 2024
Section 7.28.2.31 - HOMEMAKER/PERSONAL CARE ATTENDANT OR EQUIVALENT TRAINING REQUIREMENTSA.General: No agency licensed pursuant to these regulations may employ an individual as a homemaker/personal care attendant or equivalent on a full-time, part time, temporary, per diem or other basis unless: (1) That individual is competent to provide assigned tasks as a homemaker/personal care attendant or equivalent.(2) That individual has completed a training program or a competency evaluation program as outlined in Subsections C or E of 7.28.2.31 NMAC of these regulations.B.Source of training: Any agency licensed pursuant to these regulations may provide training under the following conditions:(1) The agency must submit, in writing, its intent to conduct homemaker/personal care attendant or equivalent training and the source of training material. Approval of the curriculum must be obtained from the licensing authority prior to instituting training.(2) Agencies electing not to provide formal training must identify the method by which they will establish the competency of homemaker/personal care attendant or equivalent and document that each is determined to be competent.(3) The licensing authority may deny a home health agency the right to conduct homemaker/personal care attendant or equivalent training or competency evaluation, for a specified period of time, not to exceed two years, if the licensing authority finds the agency in substantial noncompliance with these regulations.C.Course requirements: The home health agency's homemaker/personal care attendant or equivalent training program must consist of no less than 40 hours of training, to be completed by the homemaker/personal care attendant or equivalent in the first year of employment. 10 hours of training must be completed prior to placing the homemaker/personal care employee in a patient/client home. Two of the 10 hours may include agency orientation. Eight of the 10 hours training must be patient/client service specific. The training must address, at a minimum, the following areas:(1) communication skills;(2) patient/client rights, including respect for cultural diversity;(3) recording of information for patient/client records;(4) nutrition and meal preparation;(6) care of the ill and disabled, including the special needs populations;(7) emergency response (including CPR and first aid);(8) basic infection control;D.Instructor personnel:(1) The training of homemaker/personal care attendant or equivalent must be performed by or under the direction of a licensed professional or an appropriately qualified person.(2) Other pertinent personnel from the health professions may also be utilized as supplemental instructors.E.Documentation of training or competency evaluation:(1) All agencies which provide homemaker/personal care attendant or equivalent training courses or competency evaluations must document such training or competency evaluation for each individual taking the training or competency evaluation. The training or competency evaluation must be observed and documented by a licensed professional or an appropriately qualified person.(2) Documentation must include at least the following information:(a) Training: (i) name of individual taking training;(ii) title, purpose, and objectives of class;(iii) name of instructor;(iv) number of hours of instruction;(v) date instruction was given.(b) Competency:(i) name of individual being evaluated for competency;(ii) date and method used to determine competency.(3) Annual in-service training: Each homemaker/personal care attendant or equivalent shall participate in at least 10 documented hours of in-service training during each 12 month period.9/12/74, 8/1/77, 5/7/91, 4/1/97; Recompiled 10/31/01, Adopted by New Mexico Register, Volume XXXI, Issue 12, June 23, 2020, eff. 6/5/2020, Adopted by New Mexico Register, Volume XXXI, Issue 21, November 10, 2020, eff. 11/10/2020