W. Va. Code R. § 64-11-9

Current through Register Vol. XLI, No. 36, September 6, 2024

Section 64-11-9 - Management of Human Resources

9.1. Deployment and Supervision of Staff.

9.1.1. The provider shall have qualified individuals to deliver the services to which it commits via consumer assessments and treatment plans or treatment strategies based on the consumer's functional level and physical disability. The provider shall have a system of staff supervision that is tailored to the provider's model of service delivery and uses individual or group supervision, or both, on a regularly scheduled basis.

9.1.2. The provider shall identify an individual responsible for overall administration of the program for each site. This individual shall ensure that decisions related to care of the consumer are based on the treatment plan and assessed needs of the consumer for which informed consent has been obtained.

9.1.3. The provider shall develop a process that ensures appropriate supervision of direct service staff. Each staff person on duty shall have access to a supervisory staff person by telephone or face-to-face contact within 15 minutes of an initial attempt at supervisory contact.

9.2. Personnel practices.

9.2.1. Upon employment, the provider shall train employees regarding written policies and procedures pertaining to their employment and job responsibilities.

9.2.2. The provider shall have policies that comply with federal and state statutes, rules, and regulations regarding employment practices.

9.2.3. The provider shall review with the applicant a written job description at the time of the interview and provide a copy of a written job description upon employment and, upon significant changes in job assignment or responsibilities, provide a modified job description.

9.2.4. Staff providing direct care to consumers shall be 18 years of age or older and capable of performing the duties assigned.

9.2.5. All employees, volunteers, and students who will provide direct care shall be subject to the provisions of the West Virginia Clearance for Access: Registry and Employment Screening Act, W. Va. Code §16-49-1, et seq., and 69CSR10.

9.2.6. The provider shall have a policy and required training process for all employees regarding mandatory reporting of allegations of consumer abuse or neglect.

9.2.7. The provider shall have a written job description and selection criteria for each position or group of similar positions that includes the position's qualifications and responsibilities, and the title of the position's supervisor.

9.2.8. The provider shall designate a supervisor for each separate service or program. A supervisor may be responsible for more than one program.

9.2.9. The provider shall employ persons who are qualified according to the job description and selection criteria for the positions they occupy. A provider employing any person who does not possess the qualifications noted in the position's job description shall have a written statement justifying the individual's employment.

9.2.10. The provider shall verify the credentials of all employees and contractors providing consumer care, including:

9.2.10.a. Education and training;

9.2.10.b. Relevant experience; and

9.2.10.c. State licensing or certification for their respective disciplines, if any.

9.2.11. If the job description requires professional licensure or certification, but an employee under supervision for licensure or certification is employed in the position, the provider shall demonstrate that:

9.2.11.a. A person with requisite credentials provides supervision to the staff; and

9.2.11.b. The staff is actively working toward licensure or certification.

9.2.11.c. This requirement will not be construed to apply to individuals performing job duties that would not normally require licensure or certification.

9.3. Volunteers.

9.3.1. The provider shall have a policy which specifies the roles and responsibilities that volunteers shall assume.

9.3.2. The provider shall ensure that volunteers receive regular supervision to provide aid, directions, or both for activity and support.

9.3.3. Any documentation provided by volunteers to be placed in a clinical record shall include the date and signature of the volunteer's onsite supervisor prior to being placed in the record.

9.3.4. The provider shall train volunteers concerning the responsibilities of the position and the time commitments required prior to formal assignment.

9.3.5. The provider shall formally train volunteers in confidentiality prior to beginning their duties and shall maintain documentation of the training.

9.4. Students.

9.4.1. Students serving fewer than 30 hours per quarter shall be continually supervised by staff and shall not work alone with consumers. The provider shall have a policy which specifies the roles and responsibilities that students may assume.

9.4.2. Students serving an academic placement of more than 30 hours onsite per three-month quarter may work with consumers independently as defined by provider policy. However, the provider shall ensure that students receive regular documented supervision in order to provide assistance, directions for activity, and support.

Students of this type shall receive training in abuse, neglect, and mandatory reporting.

9.4.3. Any documentation provided by students to be placed in a clinical record shall include the date and signature of the student's onsite supervisor prior to being placed in the record.

9.4.4. The provider shall formally train all students in confidentiality prior to beginning their duties and shall maintain documentation of the training.

9.5. Employee, Volunteer, and Student Records.

9.5.1. The provider shall maintain current records for all employees and for students and volunteers working directly with consumers and spending regularly scheduled time in the provider's or consumer's locations. These records shall contain:

9.5.1.a. Identifying information and emergency contacts;

9.5.1.b. A job description or contract;

9.5.1.c. Evaluation of employee performance as detailed in the provider policy;

9.5.1.d. Documentation of relevant education or experience as required by job description;

9.5.1.e. Documentation of orientation and required training;

9.5.1.f. Documentation that information on the Child Abuse and Neglect Registry created under W. Va. Code §15-13-1et seq. was checked for that employee, student, or volunteer;

9.5.1.g. Documentation relating to performance, including disciplinary actions and termination summaries; and

9.5.1.h. For employees of the provider, the employee record shall also contain the following:

9.5.1.h.1. An application for employment or resume;

9.5.1.h.2. Reference verification; and

9.5.1.h.3. Documentation of education, licensure, or certification.

9.5.2. Each employee shall have a record, stored separately, containing the employee's results of random drug screens if required by provider policy.

9.5.3. The files shall be secured in a confidential manner with limited access.

9.5.4. Students touring, observing, or onsite fewer than 30 hours per three-month quarter are not included in the requirements of this section.

9.6. Disciplinary reviews and termination. -- The provider shall have a policy which delineates procedures governing disciplinary actions and non-voluntary termination of staff.

9.7. Orientation of New Staff.

9.7.1. The provider shall ensure that all new staff receive an orientation within the first 10 days of employment and shall document that orientation in each individual's personnel record. The orientation shall include an introduction to the staff person's primary job responsibilities and requirements, consumer rights, and universal precautions.

9.7.2. Within the first 30 days of employment or initiation, the provider shall also train all new staff in:

9.7.2.a. Its mission, philosophy, and goals;

9.7.2.b. Its services, policies, and procedures pertaining to the employee, contract clinician, student, or volunteer's job responsibilities;

9.7.2.c. An organizational chart that delineates lines of accountability and authority pertaining to the employee, contract clinician, student, or volunteer's job responsibilities;

9.7.2.d. The provider's policies and procedures on consumer confidentiality and disclosure of information, including penalties for violation of the following policies and procedures and an orientation to federal confidentiality requirements as they apply to the provider:

9.7.2.d.1. Training on identification of abuse and neglect and mandatory reporting procedures;

9.7.2.d.2. Appropriate identification and documentation of incidents;

9.7.2.d.3. Sensitivity to differences in cultural norms and values;

9.7.2.d.4. Proper documentation procedures;

9.7.2.d.5. Fire drills and evacuation procedures (if applicable); and

9.7.2.d.6. Procedures regarding medical or other emergencies, including, but not limited to crisis intervention.

9.7.3. Employees providing direct care to consumers shall be trained in the specific care required for the consumers for which they are assigned. This training will be based on the program plan of the consumer and must include cardiopulmonary resuscitation and first aid.

9.7.4. Additionally, except for outpatient clinical staff providing only behavioral health services, program staff with direct care responsibilities in home- or site-based programs shall be trained within 30 days upon:

9.7.4.a. Psychiatric emergency procedures and management including systematic de-escalation;

9.7.4.b. Blood borne pathogens;

9.7.4.c. Infection control; and

9.7.4.d. Emergency care, first aid, cardiopulmonary resuscitation, and Heimlich's maneuver.

9.7.5. Personnel shall be able to demonstrate the skills and techniques necessary for their jobs. Documentation that personnel are qualified to perform their associated functions by virtue of training, experience, or both shall be maintained by the facility.

9.7.6. Until the training is completed, the staff person shall not work unless accompanied at all times by a staff member who is experienced and knowledgeable in these areas.

9.7.7. The provider shall document all training provided to staff.

W. Va. Code R. § 64-11-9