Missouri Code of State Regulations › Title 19 - DEPARTMENT OF HEALTH AND SENIOR SERVICES › Division 30 - Division of Regulation and Licensure › Chapter 86 - Residential Care Facilities and Assisted Living Facilities › Section 19 CSR 30-86.043 - Administrative, Personnel, and Resident Care Requirements for Facilities Licensed as a Residential Care Facility II on August 27, 2006 that Will Comply with Residential Care Facility II Standards

Current through Register Vol. 49, No. 14, July 15, 2024
PURPOSE: This rule establishes requirements for
				  administration, personnel and resident care requirements for facilities
				  licensed pursuant to section
				  198.005,
				  RSMo that continue to comply with residential care facilities (RCF) II
				  standards in effect on August 27, 2006.
AGENCY NOTE: All rules relating to long-term care
				  facilities licensed by the department are followed by a Roman Numeral notation
				  which refers to the class (either Class I, II, or III) of standard as
				  designated in section 198.085.1., RSMo.
(1) This rule contains the administrative,
				personnel and resident care standards in effect on August 27, 2006 for
				residential care facility IIs (formerly published at
				19
				CSR 30-86.042 (effective 12/31/05)). These standards
				apply to facilities that were licensed as residential care facility IIs on
				August 27, 2006 and that choose to be inspected under these standards rather
				than the standards published at
				19
				CSR 30-86.047.
(2) A person shall be designated to be an
				administrator who is currently licensed as an administrator by the Missouri
				Board of Nursing Home Administrators, in accordance with Chapter 344, RSMo.
				II
(3) By January 1, 1991, the
				administrator of a facility shall have successfully completed the state
				approved Level I Medication Aide course unless s/he is a physician, pharmacist,
				licensed nurse or a certified medication technician, or if the facility is
				operating in conjunction with a skilled nursing facility or intermediate care
				facility on the same premises, or if the facility employs on a full-time basis,
				a licensed nurse who is available seven (7) days per week. II/III
(4) The operator shall be responsible to
				assure compliance with all applicable laws and regulations. The administrator
				shall be fully authorized and empowered to make decisions regarding the
				operation of the facility and shall be held responsible for the actions of all
				employees. The administrator's responsibilities shall include oversight of
				residents to assure that they receive appropriate care. II/III
(5) The administrator shall devote sufficient
				time and attention to the management of the facility as is necessary for the
				health, safety and welfare of the residents. II
(6) The administrator cannot be listed or
				function in more than one (1) facility at the same time unless s/he serves no
				more than four (4) facilities which are within a thirty (30)-mile radius and
				licensed to serve in total no more than one hundred (100) residents. However,
				one (1) administrator may serve as the administrator of more than one (1)
				licensed facility if all facilities are on the same premises. II/III
(7) The administrator shall designate, in
				writing, a staff person in charge in his/her absence. If the administrator is
				absent for more than thirty (30) consecutive days, during which time s/he is
				not readily accessible for consultation by telephone with the person in charge
				or if the administrator is absent from the facility for more than sixty (60)
				working days during the course of a calendar year the person designated to be
				in charge shall be an administrator currently licensed by the Missouri Board of
				Nursing Home Administrators, in accordance with Chapter 344, RSMo.
				II/III
(8) The facility shall not
				care for more residents than the number for which the facility is licensed.
				II/III
(9) The facility's current
				license shall be posted in a conspicuous place and notices provided to the
				facility by the Department of Health and Senior Services (the department)
				granting exception(s) to regulatory requirements shall be posted alongside of
				the facility's license. III
(10)
				All personnel responsible for resident care shall have access to the legal name
				of each resident, name and telephone number of physician and next of kin or
				responsible party in the event of emergency. II/III
(11) All persons who have any contact with
				the residents in the facility shall not knowingly act or omit any duty in a
				manner which would materially and adversely affect the health, safety, welfare,
				or property of residents. No person who is listed on the Employee
				Disqualification List (EDL) maintained by the department as required by section
				198.070,
				RSMo, shall work or volunteer in the facility in any capacity whether or not
				employed by the operator. For the purpose of this rule, a volunteer is an
				unpaid individual formally recognized by the facility as providing a direct
				care service to residents. The facility is required to check the EDL for
				individuals who volunteer to perform a service for which the facility might
				otherwise have to hire an employee. The facility is not required to check the
				EDL for individuals or groups such as scout groups, bingo leaders, or
				sing-along leaders. The facility is not required to check the EDL for an
				individual such as a priest, minister, or rabbi visiting a resident who is a
				member of the individual's congregation. However, if the minister, priest, or
				rabbi serves as a volunteer facility chaplain, the facility is required to
				check the EDL since the individual would have potential contact with all
				residents. I/II
(12) Prior to
				allowing any person who has been hired in a full-time, part-time, or temporary
				position to have contact with any resident, the facility shall, or in the case
				of temporary employees hired through or contracted for an employment agency,
				the employment agency shall, prior to sending a temporary employee to a
				facility:
(A) Request a criminal background
				check for the person, as provided in section
				660.317,
				RSMo. Each facility shall maintain documents verifying that the background
				checks were requested, the date of each such request, and the nature of the
				response received for each such request. II
1. The facility shall ensure that any person
				hired or retained to have contact with any resident who discloses that he or
				she has been convicted of, found guilty of, pled guilty to, or pled
nolo contendere
to a crime, in this state or any other state,
				which if committed in Missouri would be a class A or B felony violation of
				Chapter 565, 566, or 569, RSMo, or any violation of section 198.070.3., RSMo,
				or section
				568.020, RSMo,
				shall not be retained in such a position. I/II
2. Upon receipt of the criminal background
				check, the facility shall ensure that if the criminal background check
				indicates that the person hired or retained by the facility has been convicted
				of, found guilty of, pled guilty to, or pled
nolo contendere
to a crime, in this state or any other state, which if committed in Missouri
				would be a class A or B felony violation of Chapter 565, 566, or 569, RSMo, or
				any violation of section 198.070.3., RSMo, or section
				568.020, RSMo,
				the person shall not have contact with any resident unless and until the
				facility obtains verification from the department that a good cause waiver has
				been granted for each qualifying offense and maintains a copy of the
				verification in the individual's personnel file; I/II