Utah Admin. Code 432-150-23

Current through Bulletin No. 2024-21, November 1, 2024
Section R432-150-23 - Food Services
(1) The licensee shall provide each resident with a safe, palatable, well-balanced diet that meets the daily nutritional and special dietary needs of each resident.
(2) The licensee shall employ there enough staff to meet the dietary needs of the residents.
(3) For food services and practices, the licensee shall ensure:
(a) there is a dietitian employed either full-time, part-time, or on a consultant basis;
(b) the dietitian is certified in accordance with Title 58, Chapter 49, Dietitian Certification Act;
(c) if a dietitian is not employed full-time, the administrator designates a full-time person to serve as the dietetic supervisor;
(d) if the dietetic supervisor is not a certified dietitian, the licensee consults a certified dietitian at least monthly, according to the needs of the residents and documents the consultations; and
(e) the dietetic supervisor is available when the consulting dietitian visits the facility.
(4) The licensee shall develop menus that meet the nutritional needs of residents to the extent medically possible and ensure the menus are:
(a) prepared in advance;
(b) followed;
(c) different each day;
(d) posted for each day of the week;
(e) approved and signed by a certified dietitian; and
(f) cycled no less than every three weeks.
(5) The licensee shall retain documentation for at least three months for any served substitutions to the menu.
(6) The licensee shall ensure any food sanitation inspection reports of state or local health department inspections are available for department review.
(7) The licensee shall ensure the attending physician or qualified registered dietitian in consultation with the physician, orders each therapeutic diet in writing, if allowed by facility policy.
(8) The licensee shall ensure there is no more than a 14hour interval between the evening meal and breakfast, unless a substantial snack is served in the evening.
(9) The licensee shall provide special eating equipment and assistive devices for residents who need them.
(10) The licensee shall ensure the facility's food service complies with Rule R392-100.
(11) The licensee shall ensure a one-week supply of nonperishable staple foods and a three-day supply of perishable foods are maintained to complete the established menu for three meals per day, per resident.
(12) A nursing care licensee may use trained dining assistants to aid residents in eating and drinking if:
(a) a licensed practical nurse-geriatric care manager, registered nurse, advance practice registered nurse, speech pathologist, occupational therapist, or dietitian has assessed that the resident does not have complicated feeding problems, including recurrent lung aspirations, behaviors that interfere with eating, difficulty swallowing, or tube or parenteral feeding; and
(b) the service plan or plan of care documents that the resident needs assistance with eating and drinking and defines who is qualified to offer the assistance.
(13) If the nursing care facility uses a dining assistant, the licensee shall ensure that the dining assistant:
(a) has completed a training course from a department-approved training program;
(b) has completed a background screening pursuant to Rule R432-35; and
(c) performs duties only for those residents who do not have complicated feeding problems.
(14) A long term care licensee shall submit the following to the department to become an approved training program:
(a) a copy of the curriculum to be implemented that meets the requirements of Subsection (13); and
(b) the names and credentials of the trainers.
(15) The long term care licensee shall ensure a dietitian training program is approved by the department if it includes the following:
(a) eight hours of instruction for the dining assistant and one hour of observation by the trainer to ensure competency;
(b) feeding techniques;
(c) assistance with eating and drinking;
(d) communication and interpersonal skills;
(e) safety and emergency procedures including the Heimlich maneuver;
(f) infection control;
(g) resident rights;
(h) recognizing resident changes inconsistent with their normal behavior and the importance in reporting those changes to the supervisory nurse;
(i) special diets;
(j) documentation of type and amount of food and hydration intake;
(k) appropriate response to resident behaviors; and
(l) use of adaptive equipment.
(16) The licensee shall issue a training certificate of completion and maintain a list of the dining assistants that identifies:
(a) the training program provider;
(b) the telephone number where the licensee may verify the training; and
(c) each dining assistant's name and address.
(17) To provide dining assistant training in a department-approved training program, the licensee shall ensure a trainer holds a current valid license to practice as:
(a) a registered nurse, advanced practice registered nurse or licensed practical nurse-geriatric care manager pursuant to Title 58, Chapter 31b, Nurse Practice Act;
(b) a registered dietitian, pursuant to Title 58, Chapter 49, Dietitian Certification Act;
(c) a speech-language pathologist, pursuant to Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act; or
(d) an occupational therapist, pursuant to Title 58, Chapter 42a, Occupational Therapy Practice Act.
(18) The licensee may suspend a training program if the program's courses do not meet the requirements of this rule.
(19) The licensee may suspend a training program operated by a nursing care facility if:
(a) a federal or state survey reveals failure to comply with federal regulations or state rules regarding feeding or dining assistant programs;
(b) the licensee fails to provide sufficient, competent staff to respond to emergencies;
(c) the department sanctions the facility for any reason; or
(d) the department determines that the licensee is in continuous or chronic noncompliance under state rule or that the licensee has provided sub-standard quality of care under federal regulation.

Utah Admin. Code R432-150-23

Amended by Utah State Bulletin Number 2017-12, effective 5/16/2017
Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023