N.Y. Comp. Codes R. & Regs. tit. 14 § 819.8

Current through Register Vol. 46, No. 25, June 18, 2024

Section 819.8 - General staffing

(a) General Staffing Requirements.

(1) Former residents. Staff members shall not be former residents who recently have received treatment in the program and/or who have completed the program less than one year prior to their employment application, per guidance and standards issued by the Office.

(2) Adequate coverage. There shall be sufficient staff to ensure that there is adequate coverage of all critical tasks necessary to the safe care of residents in the program, per guidance and standards issued by the Office.

(i) Residents in the program shall not be asked or required to perform staff duties. For valid therapeutic reasons and when included in the treatment/recovery plan, residents may be asked to perform certain duties under the direct supervision of staff members, in accordance with guidance and standards issued by the Office.

(a) Residents shall not operate motor vehicles belonging to the program under any circumstances.

(b) Residents shall not serve as overnight awake staff.

(ii) Programs shall have arrangements with outside entities such as staffing agencies to ensure adequate staffing coverage during times of staff shortages.

(b) Staff may be assigned either specifically to the substance use disorder residential service or may be part of the staff of the facility within which the substance use disorder residential service is located. However, if these staff members are part of the general facility staff, they must have specific training and experience in the treatment of substance use disorders specific to the services provided. The percentage of time that each shared staff is assigned to the substance use disorder residential service must be documented.

(c) Staff Training. Each residential program must provide clinical supervision and ensure and document that all clinical staff have training plan based on individual employee needs. Such training may be provided directly or through outside arrangements and must be provided at least every one year. Training must be ongoing and documented in each employee's personnel record. Training in suggested relevant topics includes, but it not limited to:

(1) substance use disorders;

(2) evidence-based, trauma-informed, and person-centered individual, group and family counseling;

(3) child abuse and domestic violence;

(4) therapies and other activities supportive of recovery;

(5) co-occurring disorders;

(6) transmissible infections such as tuberculosis, sexually transmitted infections, viral hepatitis, HIV;

(7) infection control procedures;

(8) clinical supervision;

(9) quality improvement;

(10) vocational rehabilitation and employment preparation services;

(11) cultural diversity and cultural competence;

(12) tobacco use disorder;

(13) problem gambling;

(14) community based recovery supports and services;

(15) trauma-informed care;

(16) medications for addiction treatment;

(17) overdose prevention education;

(18) naloxone and naloxone administration; and

(19) agency policies and procedures.

(d) All substance use disorder residential services shall identify a clinical supervisor who shall be responsible for the day-to-day clinical operation of each residence and provide routine supervision for the staff. The clinical supervisor shall be a qualified health professional with at least three years of administrative and clinical experience in substance use disorder residential services.

(e) All substance use disorder residential services shall have sufficient clinical staff who have received training in, and are designated by the clinical supervisor to perform, the following tasks:

(1) evaluation of resident needs, development and implementation of individualized treatment/recovery plans for each resident, including individual, group and family counseling;

(2) participation with staff and, as necessary, other services and agencies to assure the development, management and implementation of comprehensive services for each resident, reflecting substance use disorder treatment needs and other habilitation or rehabilitation needs; and

(3) preparation and maintenance of case records for each individual resident.

(f) At least twenty-five per cent of all clinical staff members shall be qualified health professionals.

(g) Each residential service shall have a qualified individual designated as the Health Coordinator who will ensure the provision of education, risk reduction, counseling and referral services to all residents regarding HIV, tuberculosis, viral hepatitis, sexually transmitted infections, and other transmissible infections.

(h) There shall be sufficient staff available to ensure that the space and equipment of the service is clean and maintained in working order to minimize the need for treatment staff to perform nontreatment functions and to optimize operational efficiency.

(i) Clinical staff members who are not qualified health professionals shall have qualifications appropriate to their assigned responsibilities as set forth in the service's personnel policies and shall be subject to appropriate professional staff supervision and continuing education and training.

(j) In addition to staffing requirements of this Part, a residential service may utilize volunteers, students or trainees, on a salaried or non-salaried basis if such volunteers, students or trainees are provided close professional staff supervision and necessary didactic education from both internal and external sources.

N.Y. Comp. Codes R. & Regs. Tit. 14 § 819.8

Amended New York State Register September 14, 2022/Volume XLIV, Issue 37, eff. 10/1/2022