Section 0940-05-38-.07 - PERSONNEL REQUIREMENTS(1) The licensee shall maintain a personnel file for each personal support services worker with the following information:(a) A written, signed and dated job description including the employment requirements and job responsibilities for each staff position held;(b) Verification that the worker meets the respective employment requirements for each position held;(c) Evidence of a criminal background check, as required by T.C.A. § 33-2-1202.(d) Evidence that the worker's status on the Tennessee registry of persons who have abused, neglected or misappropriated the property of vulnerable individuals ("Abuse Registry") maintained by the Department of Health, has been checked pursuant to T.C.A. § 68-11-1004(b). No employee or volunteer who is listed on the Abuse Registry may be hired or otherwise permitted to provider services;(e) Evidence of the worker's status on the state's sexual offender registry. No individual or volunteer who is listed on the state's sexual offender registry may be hired or otherwise permitted to provide services;(f) The worker's date of birth;(g) Annual performance evaluation reports evaluating, at a minimum, the ability of personal support services workers to provide daily supports to service recipients;(h) A worker notice that outlines the general relationship between an agency and the personal support services worker that includes the following: 1. The status of the personal support services agency as an employer or contractor of services;2. The responsibility of the personal support services agency for the payment of the personal support services worker's wages, taxes, social security, workers compensation and unemployment compensation payments, and overtime pay for hours worked in excess of forty (40) hours in a week; and3. Duties, responsibilities, obligations and legal liabilities of the agency and the service recipient including, but not limited to, insurance and personnel management.(i) The personal support service worker's work history containing a continuous description of activities over the past five (5) years; and(j) Personal references from at least three (3) individuals, one of whom shall have known the personal support service worker/applicant for at least five (5) years.(2) The licensee shall have written personnel policies. The personnel policies shall, at a minimum address the following: (a) That all personal support services workers shall be eighteen (18) years of age or older;(b) That all personal support services workers shall practice infection control procedures and standard precautions that will protect the service recipient from infectious diseases;(c) That all personal support services workers shall submit to a criminal background check every two (2) years or within ten (10) days of employment or within ten (10) days of a change of responsibilities that includes direct contact with or direct responsibility for service recipients, as required by T.C.A. § 33-2-1202;(d) That evidence of the status of every personal support services worker on the Tennessee registry of persons who have abused, neglected or misappropriated the property of vulnerable individuals ("Abuse Registry") maintained by the Department of Health shall be checked annually and prior to direct contact with service recipients. No employee or volunteer who is listed on the Abuse Registry may be hired or otherwise permitted to provider services;(e) That evidence of the status of every personal support services worker on the Tennessee Sexual Offender Registry shall be checked annually and prior to direct contact with service recipients;(f) That the personal support services worker shall demonstrate the following prior to providing personal support services: 1. Language skills sufficient to read and understand instructions; prepare and maintain written reports and records;2. Language skills sufficient to communicate with the service recipient; and3. Documented training specific to meeting individual service recipient needs in the area of self-care, household management and community living, and methodologies for service delivery.(g) That personal support services workers shall have access to consultation for any of the services provided under this chapter. Consultation may include providing the personal support service worker access to or consultation with a registered nurse, other agency staff or the primary family caregiver to assist the staff in providing personal support services; and(h) That the personal support service worker shall neither borrow, receive nor take funds or other personal property from the service recipient.(3) The licensee shall have proof of liability insurance coverage for the agency, workers and others who provide personal support services.(4) The licensee shall maintain a current roster of all personal support workers at all times including workers kept on an on-call or back-up basis.Tenn. Comp. R. & Regs. 0940-05-38-.07
Original rule filed July 21, 2004; effective November 26, 2004. Repeal and new rule filed November 20, 2009; effective February 18, 2010. Repeal and new rules filed March 4, 2016; effective 6/2/2016.Authority: T.C.A. §§ 4-4-103, 33-1-302, 33-1-305, 33-1-309, 33-2-301, 33-2-302, 33-2-404, and 33-2-407.