Utah Admin. Code 432-150-10

Current through Bulletin No. 2024-21, November 1, 2024

Section R432-150-10 - Staff and Personnel

(1) The administrator shall employ personnel who are able and competent to perform their respective duties, services, and functions.

(2) The administrator, director of nursing or health services supervisor, and facility supervisors shall develop job descriptions for each position including job title, job summary, responsibilities, qualifications, required skills and licenses, and physical requirements.

(3) The licensee shall monitor staff to ensure compliance with each applicable rule under Title R432.

(4) The licensee shall ensure each employee has access to facility policy and procedure manuals and other information necessary to effectively perform duties and carry out responsibilities.

(5) The licensee shall ensure each employee is licensed, certified, or registered as required by the Utah Department of Commerce, and a copy of the license, certification or registration is maintained for department review.

(6) The licensee shall:

(a) maintain staffing records, including employee performance evaluations, for the preceding 12 months;

(b) establish a personnel health program through written personnel health policies and procedures;

(c) complete a health evaluation for each employee upon hire that includes the employee's history of the following:

(i) conditions that predispose the employee to acquiring or transmitting infectious diseases; and

(ii) conditions that may prevent the employee from performing certain assigned duties satisfactorily;

(d) ensure a health screening and immunization component of the employee's personnel health program is included;

(e) ensure infection control includes staff immunization as necessary to prevent the spread of disease;

(f) ensure employee skin testing by the Mantoux method or other FDA approved in-vitro serologic test and follow up for tuberculosis is done in accordance with Rule R388-804, Special Measures for the Control of Tuberculosis, and each employee is skin-tested for tuberculosis within two weeks of:

(i) initial hiring;

(ii) suspected exposure to a person with active tuberculosis; and

(iii) development of symptoms of tuberculosis;

(g) exempt skin testing for each employee with a known positive reaction to skin tests;

(h) ensure any infections and communicable diseases reportable by law are reported to the local health department in accordance with Section R386-702-3;

(i) plan and document in-service training for each staff member and address the following topics annually:

(i) fire prevention;

(ii) review and drill of emergency procedures and evacuation plan;

(iii) the reporting of resident abuse, neglect, or exploitation to the proper authorities;

(iv) prevention and control of infections;

(v) accident prevention and safety procedures including instruction in body mechanics for any employees required to lift, turn, position, or ambulate residents; and proper safety precautions when floors are wet or waxed;

(vi) proper use and documentation of restraints;

(vii) resident rights;

(viii) a basic understanding of the various types of mental illness, including symptoms, expected behaviors and intervention approaches; and

(ix) confidentiality of resident information;

(j) ensure any person who provides nursing care, including nurse aides and orderlies, works under the supervision of an RN or LPN and shall demonstrate competency and dependability in resident care:

(k) prohibit any person from working in the facility as a nurse aide for more than four months, on full-time, temporary, per diem, or other basis, unless that individual has successfully completed a State Department of Education-approved training and testing program;

(l) verify through the nurse aid registry before offering employment, that nurse aide applicants do not have a verified report of abuse, neglect, or exploitation and if such a verified report exists, the licensee may not hire the applicant;

(m) require a person to complete a new training and competency evaluation program if an individual has not performed paid nursing or nursing related services for a continuous period of 24 consecutive months since the most recent completion of a training and competency evaluation program;

(n) conduct regular performance reviews and regular in-service education to ensure that individuals used as nurse aides are competent to perform services as nurse aides; and

(o) ensure staff are available on each shift, who are CPR certified, trained in emergency procedures and basic first aid, including the Heimlich maneuver.

(7) The licensee may utilize volunteers in the daily activities of the licensee provided that volunteers are not included in the licensee's staffing plan in lieu of facility employees if the licensee ensures:

(a) volunteers are supervised and familiar with resident's rights and the licensee's policies and procedures; and

(b) volunteers who provide personal care to residents are screened according to facility policy and under the direct supervision of a qualified employee.

(8) The licensee shall ensure an employee who reports suspected abuse, neglect, or exploitation is not subject to retaliation, disciplinary action, or termination by the licensee for making the report.

Utah Admin. Code R432-150-10

Amended by Utah State Bulletin Number 2017-12, effective 5/16/2017

Amended by Utah State Bulletin Number 2017-21, effective 10/6/2017

Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023