Or. Admin. R. 411-050-0735

Current through Register Vol. 63, No. 6, June 1, 2024

Section 411-050-0735 - Staffing Standards

(1) The licensee or administrator must have qualified caregivers, including awake caregivers as necessary, sufficient in number to meet the 24-hour needs of each resident in addition to caring for any children or relatives beyond the license capacity of the AFH.

(2) A licensee or administrator may not employ a resident manager, floating resident manager, or shift caregiver who does not meet or exceed the qualifications and training requirements as described in OAR 411-049-0125 and classification standards for the AFH as described in and OAR 411-049-0105.

(3) A licensee or administrator may not employ or allow any caregiver to train or work in the home who is on either of the Exclusion Lists.

(a) A licensee or administrator must verify the administrator, resident manager, floating resident manager, and shift caregivers, as applicable, are not listed on either of the Exclusion Lists prior to employment.

(b) Verification of checking the Exclusion Lists must be clearly documented in the facility records.

(4) EMPLOYMENT APPLICATION. An application for employment in any capacity in an AFH must include a question asking whether the person applying for employment has been found to have committed abuse. Employment applications must be retained for at least three years.

(5) STAFFING WITH SUBSTITUTE CAREGIVERS. A Substitute caregiver routinely left in charge of an AFH for any period that exceeds 48 hours is required to meet the education, experience, and training requirements of a resident manager as specified in this rule.

(a) A licensee or administrator may not leave a substitute caregiver or concurrent substitute caregivers routinely in charge of the home for any period that exceeds 48 hours within one calendar week.

(b) This requirement is not intended to prevent a qualified substitute caregiver from providing relief care in the absence of the primary caregiver, such as for a one or two-week vacation.

(c) If a licensee has demonstrated non-compliance with one or more of these rules, the Department may require, by condition, additional training in the deficient area.

(6) ABSENCE OF A PRIMARY CAREGIVER. If a primary caregiver or a shift caregiver is absent from the home for 10 days or more, the licensee or administrator must notify the LLA, in writing, at least seven days before the primary caregiver's absence or immediately upon knowing of the absence. Notification must state the reason for and anticipated length of the absence. The licensee or administrator must submit a staffing plan to the LLA that demonstrates coverage to meet the needs of the residents during the primary caregiver's absence.

(7) CHANGE OF PRIMARY CAREGIVER OR ADMINISTRATOR. If a primary caregiver, administrator, or a shift caregiver changes during the period the license covers, the licensee or administrator must notify the LLA within 24 hours and identify who is providing care.

(a) If a licensee or administrator assumes the role as the primary caregiver or shift caregiver when there has been a change in primary caregiver, the licensee or administrator must submit an updated plan of 24-hour coverage to the LLA within seven days.

(b) If an administrator, resident manager, floating resident manager, or shift caregiver changes, the licensee or administrator must submit a request for a change of administrator, resident manager, floating resident manager, or shift caregiver, as applicable, to the LLA along with:

(A) The Department's supplemental application form (SDS 448B) completed by the administrator applicant, resident manager applicant, floating resident manager applicant, or shift caregiver applicant;

(B) A completed Health History and Physician or Nurse Practitioner's Statement (form SDS 903) for the new applicant;

(C) Documentation of the initiation of or a copy of an approved background check; and

(D) A $10 non-refundable fee.

(c) When there is a change in primary caregiver, an approved floating resident manager may assume the responsibilities of the live-in, primary caregiver until a new primary caregiver is employed. If a new primary caregiver is not employed within 60 calendar days, the floating resident manager must be designated as the home's resident manager and the licensee or administrator must notify the LLA of the change in status.

(d) The LLA shall issue a revised license when there is a change in a primary caregiver who is identified on the license.

(8) UNEXPECTED AND URGENT STAFFING NEED. If the LLA determines an unexpected and urgent staffing need exists, the LLA may authorize a person who has not completed the Department's current Ensuring Quality Care Course and passed the current examination to act as a resident manager or shift caregiver until training and testing are completed, or for 60 calendar days, whichever period is shorter. The licensee or administrator must notify the LLA of the unexpected and urgent staffing need in writing and satisfactorily demonstrate:

(a) The licensee's inability to live in the home and act as the primary caregiver;

(b) The licensee's inability to find a qualified administrator, resident manager or shift caregiver, as applicable; and

(c) The proposed staff person is 21 years of age and meets the requirements of a substitute caregiver for the AFH as described in OAR 411-049-0105 and 411-049-0125.

(9) SUCCESSION PLAN. The licensee or administrator must have a written succession plan or back-up provider agreement (APD 0350), addressing care and services for residents in the event that the licensee or administrator is unable to fulfill their duties in the AFH. The succession plan or completed (APD 0350) form must be:

(a) Reviewed by the LLA.

(b) Updated and submitted to the LLA within three business days of any changes.

(c) Made readily available to the Department upon request.

(10) RESPONSIBILITY.

(a) A licensee is responsible for the supervision, training, and overall conduct of all caregivers, family members, and friends when acting within the scope of their employment, duties, or when present in the home.

(b) A current copy of the administrative rules, OAR chapter 411, division 49, 50, 51, and 52 must be readily accessible to all caregivers in the AFH.

(11) SEXUAL ABUSE. Sexual abuse, as defined in OAR 411-020-0002 (Adult Protective Services) is prohibited.

Or. Admin. R. 411-050-0735

APD 19-2019, adopt filed 06/20/2019, effective 7/1/2019; APD 62-2021, amend filed 12/27/2021, effective 1/1/2022

Statutory/Other Authority: ORS 409.050, 410.070, 413.085, 443.001, 443.004, 443.725, 443.730, 443.735, 443.738, 443.742, 443.760, 443.767, 443.775, 443.790 & 443.880

Statutes/Other Implemented: ORS 197.660 - 197.670, 409.050, 410.070, 413.085, 441.373, 443.001 - 443.004, 443.705 - 443.825, 443.875 & 443.991