216 R.I. Code R. 216-RICR-40-10-1.14

Current through November 7, 2024

Section 216-RICR-40-10-1.14 - Personnel

1.14.1Criminal Records Check

A. Criminal record review requirements are pursuant to R.I. Gen. Laws §§ 23-17-34 and 28-5.1-14.

B. If an applicant has undergone a statewide criminal records check within eighteen (18) months of an application for employment, then an employer may request from the bureau a letter indicating if any disqualifying information was discovered. The bureau will respond without disclosing the nature of the disqualifying information. This letter must be maintained on file to satisfy the requirements of R.I. Gen. Laws § 23-17-34.

C. Due to the fact that juvenile proceedings before the Rhode Island Family Court are exempt from disclosure, the requirement for a statewide criminal records check shall be waived for nursing facility employees under the age of eighteen (18). Provided, however, the nursing facility must perform a reference check for employees under age eighteen (18). Once the employee turns eighteen (18) years old, the required criminal records check must be completed within seven (7) days of his or her eighteenth birthday.

1.14.2Policies and Procedures

A. Each nursing facility shall maintain and implement written personnel policies and procedures supporting long-term care industry standards for personnel practices and sound resident care practices, including but not limited to:

1. Resident-directed care; and

2. Person-centered care practices;

B. Such policies shall be reviewed annually and updated as necessary.

1.14.3Job Descriptions

A. There shall be a job description for each classification of position which delineates qualifications, duties, authority and responsibilities inherent in each position.

1. For those licensed personnel authorized to administer medications in accordance with §1.16.10(A) of this Part, a job description delineating qualifications, duties and responsibilities shall be provided.

1.14.4Employee Immunization(s) and Health Screening

A. Nursing Facilities are required to adopt, at a minimum, the standards of immunization and communicable disease testing and standards for health screening in accordance with Part 20-15-7 of this Title, Immunization, Testing, and Health Screening for Health Care Workers.

B. Nursing Facilities are required to obtain evidence of immunity for all health care workers in accordance with Part 20-15-7 of this Title, Immunization, Testing, and Health Screening for Health Care Workers.

1.14.5Personnel Records

A. Personnel records shall be maintained for each employee, shall be available at all times for inspection and shall include no less than the following:

1. Current and background information covering qualifications for employment;

2. Records of completion of required orientation training and in-service educational programs, as indicated in §1.14.6 of this Part;

3. Records of all required health examinations which shall be kept confidential and in accordance with R.I. Gen. Laws Chapter 5-37.3;

4. Evidence of current registration, certification or licensure of personnel subject to statutory Regulation;

5. Annual work performance evaluation records; and

6. Evidence of authorization to administer medications for licensed personnel in accordance with §1.16.10(A) of this Part.

1.14.6In-Service Education

A. An in-service educational program shall be conducted on an ongoing basis, which shall include an orientation program for new personnel and a program for the development and improvement of skills of all personnel. The in-service program shall be geared to the needs of the elderly, physically disabled, and individuals with dementia, and shall include annual programs on but not limited to:

1. Prevention and control of infection;

2. Food services and sanitation,

3. Emergency preparedness, fire prevention and safety;

4. Confidentiality of resident information;

5. Rights of residents, resident-directed care, and person-centered care; and

6. Any other area related to resident care or services routinely provided at the nursing.

a. Provision shall be made for written documentation of programs, including attendance. Flexible program schedules shall be formulated at least two (2) months in advance.

b. In addition to any State or Federal training requirements pertaining to long term care facilities, or training deemed appropriate by the nursing, each designated universal worker shall maintain a current certification as a Manager Certified in Food Safety pursuant to Part 50-10-2 of this Title, Certification of Managers in Food Safety.

1.14.7Photo Identification

A. A nursing facility shall require all persons, including students, and as directed by the nursing facility, who examine, observe, treat or assist a patient or resident of such nursing facility to wear a photo identification badge which states, in a reasonably legible manner, the first name, licensure/registration status, if any, and staff position of such person. This badge shall be worn in a manner that makes the badge easily seen and read by the resident or visitor.

1.14.8Licensure Verification

A. For every person employed by the nursing facility who is licensed, certified, or registered by the licensing agency, a mechanism shall be in place to electronically verify such licensure via the licensing agency licensure verification database.

[https://healthri.mylicense.com/Verification/Search.aspx?facility=Namp;SubmitComplaint=Y]

1.14.9Handling of Resident Fund

A. Any assignment of residents' property either by contractual agreement or by transfer of real estate, bank accounts or insurance benefits, must be reported together with the terms of the assignment to the residents' guardian, next of kin, sponsoring agency(ies) or representative payor and to the licensing agency.

B. Each operator of a nursing facility acting or intending to act as fiduciary agent for a resident is required to have written revocable authorization from any resident so served. The certification will attest to the resident's understanding of the significance of his or her action and will be required to be on file for inspection by authorized surveyors of the licensing agency.

C. The operator shall maintain adequate safeguards and accurate records of each resident's monies and valuables and shall provide at least quarterly, and on request, accounting in accordance with §1.15.4(Q) of this Part. Such records shall be available for inspection.

D. In addition to requirements of §§1.14.9(A) through (C) of this Part, each nursing facility shall conform to the standards of Title XIX Section 1919 Protection of Resident Funds in relation to Title XIX Medicaid recipients.

216 R.I. Code R. 216-RICR-40-10-1.14

Amended effective 7/3/2022
Amended effective 8/25/2022
Amended effective 10/2/2023, exp. 1/30/2024(Emergency)
Amended effective 3/7/2024