Section 0940-05-37-.03 - PERSONNEL AND STAFFING REQUIREMENTS(1) The program must be under the direct clinical supervision of a licensed mental health professional with training and/or experience in mental health treatment of children and youth.(2) Treatment and/or habilitation services must be provided by mental health professionals or by mental health personnel. Individual staff who will provide educational programs shall meet the employment standards outlined in the state Board of Education Rules, Regulations, and Minimum Standards.(3) The program must maintain a written agreement with or employ a Tennessee-licensed physician as a medical consultant.(4) If the consulting physician is not a psychiatrist, the facility must arrange for the regular, consultative, and emergency services of a licensed psychiatrist.(5) During normal waking hours the program must provide at least one (1) staff person on-duty and on-site for each eight (8) service recipients present. Staff persons counted in the staff-to-service recipient ratio may only be persons who are assigned to provide direct program services as described by written job description. During normal sleeping hours the program must provide one direct care staff person on site in each building, or physically separated unit of a building, in which service recipients are housed. Support staff, such as clerical, housekeeping, van and bus driver staff, or students involved in an on-site practicuum for academic credit may not be counted in the staff-to-service recipient ratio.(6) The program must provide at all times at least one (1) on-duty staff member trained in First Aid and the Heimlich maneuver and certified in cardiopulmonary resuscitation (CPR).(7) Staff must be trained in and practice infection control procedures.(8) Staff must have a tuberculosis skin test within thirty (30) days of employment and as required thereafter by current Tennessee Department of Health guidelines.(9) Staff training must include new staff orientation and continuing education for all staff. A training plan must be developed and implemented for all staff. Within three months, all staff must acquire knowledge and competency appropriate to the special needs of the service recipients served. Training topics must include, but not be limited to:(a) managing disruptive behavior;(b) physical holding procedures and techniques; and(10) The program must perform background checks on all employees and volunteers. A person, whether an employee or a volunteer, who is named as a suspect in an "indicated" report of child sexual abuse, or who is currently charged with committing a crime against a child must not work in this program as a caregiver or have any contact with the children.(11) Service recipients must not be in the care of or have any direct contact while in the care of the program with a person who has been convicted of a crime involving children or of violating a law enacted to protect children.Tenn. Comp. R. & Regs. 0940-05-37-.03
Original rule filed June 29, 2004; effective September 12, 2004.Authority: T.C.A. §§ 4-4-103, 4-5-202, 4-5-204, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 32-2-302, and 33-2-404.