New York Codes, Rules and Regulations › Title 18 - DEPARTMENT OF SOCIAL SERVICES › Chapter II - Regulations of the Department of Social Services › Subchapter D - Adult-Care Facilities › Part 487 - Standards For Adult Homes › Section 487.9 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a)
General
		    requirements.
(1) The operator shall
		    provide staff sufficient in number and qualified by training and experience to
		    render, at a minimum, those services mandated by statute or
		    regulation.
(2) In a facility with
		    a resident census in excess of 200 persons, a significant number of mentally
		    disabled persons or a population with special needs, the department may require
		    additional staff or specially qualified staff. Such requirements shall be based
		    upon the number of residents, resident needs, physical layout and location of
		    the facility.
(3) The operator
		    shall conduct an initial program of orientation and in-service training for
		    employees and volunteers, which includes:
(i)
		    orientation to the characteristics and needs of the population;
(ii) discussion of the residents' rights and
		    the facility's rules and regulations for residents;
(iii) discussion of the duties and
		    responsibilities of all staff;
(iv)
		    discussion of the general duties and responsibilities of the individual(s)
		    being trained;
(v) discussion
		    relative to the specific duties and tasks to be performed;
(vi) training in emergency procedures;
		    and
(vii) with respect to
		    facilities subject to the Justice Center, training in the identification of
		    reportable incidents, facility reporting procedures and, if the employee is a
		    mandated reporter under section 488  of the Social Services Law or otherwise
		    required to report under section 424-a  of the Social Services Law, such
		    person's responsibility to file reports under those provisions;
(viii) with respect to facilities subject to
		    the Justice Center, provision of a copy of the code of conduct established by
		    the Justice Center pursuant to section 554  of
		    the Executive Law. Such code of conduct shall be provided at the time of
		    initial employment, and at least annually thereafter during the term of
		    employment. Receipt of the code of conduct must be acknowledged, and the
		    recipient must further acknowledge that he or she has read and understands such
		    code of conduct. Any other individuals, including contractors or other service
		    providers who will or could have resident contact, and falling within the
		    definition of
custodian
under section 488  of the Social Services Law, must also be
		    provided with, and acknowledge receipt and understanding of, such code of
		    conduct.
(4) The
		    operator shall conduct ongoing in-service training, and shall provide
		    opportunities for employees and volunteers to participate in work-related
		    training provided by the operator or others.
(5) The operator shall maintain documentation
		    of the orientation and training sessions, including date, time, topic and names
		    of persons conducting and attending.
(6) The operator shall develop and maintain
		    current written staffing schedules. Past staffing schedules shall be retained
		    for 12 months.
(7) The operator
		    shall maintain personnel records which include:
(i) individual employee records containing
		    verification of qualifications for any position for which qualifications are
		    set by regulation, medical evaluation, and any incident reports involving the
		    employee;
(ii) payment records
		    containing all wages, benefits, reimbursements, bonuses, gifts or payments
		    given each employee;
(iii) with
		    respect to facilities subject to the Justice Center, documentation that the
		    facility has verified, through consultation with the Justice Center, prior to
		    hiring the employee, volunteer, or contractor falling within the definition of
custodian
in section 488  of the Social Services Law, whether the
		    individual is on the Justice Center's register of substantiated category one
		    cases of abuse or neglect as established pursuant to section 495  of the Social Services Law (staff
		    exclusion list) and, where such individual is not on such list, documentation
		    that the facility has verified whether the individual is on the Office of
		    Children and Family Services' Statewide Central Registry of Child Abuse and
		    Maltreatment (State Central Registry); and
(iv) prior to hiring or otherwise engaging
		    anyone who will or may have direct contact with residents, or approving
		    credentials for any such person, the operator of a facility subject to the
		    Justice Center shall follow the procedures established by the Justice Center in
		    regulations or policy, to verify that such person is not on the Justice
		    Center's staff exclusion list. If such person is not on the Justice Center's
		    staff exclusion list, such operator shall also consult the State Central
		    Registry as required by section 424-a  of the Social Services Law. If such
		    person is on the staff exclusion list, a facility subject to the Justice Center
		    shall not hire or otherwise engage such person; if such person is not on the
		    staff exclusion list but is on the State Central Registry, a facility subject
		    to the Justice Center shall consider the inclusion of such person on the State
		    Central Registry as a factor in its decision, but shall not be prohibited from
		    hiring or otherwise engaging such person.
(8) At the time of employment and at least
		    every 12 months thereafter, or more frequently if needed, an employee must
		    provide the operator with a statement from a physician, or, with physician
		    oversight, a physician's assistant (PA) or a registered professional nurse (RN)
		    with special training in primary health care who has physically examined the
		    individual, that:
(i) the individual is free
		    from any health impairment which is of potential risk to residents of an adult
		    home or which might interfere with the performance of the individual's duties;
		    and
(ii) that the individual has
		    had:
(a) an initial individual tuberculosis
		    (TB) risk assessment, symptom evaluation, and TB test (either tuberculin skin
		    test or blood assay approved by the Food and Drug Administration for the
		    detection of latent tuberculosis infection) prior to employment and subsequent
		    annual assessments after employment begins; positive findings shall require
		    appropriate clinical follow-up. The operator shall develop and implement
		    policies regarding positive findings, including procedures for facilitating and
		    documenting treatment for latent TB infection where indicated. The annual TB
		    assessments shall include education, individual risk assessment, and follow-up
		    tests as indicated; and
(b) any
		    test that may be required by the local board of health.
(9) Notwithstanding paragraph (8)
		    of this subdivision, physical examinations need not be required for an
		    applicant or an employee who relies upon or is being furnished treatment by
		    spiritual means through prayer in lieu of medical treatment, in accordance with
		    the tenets and practices of a recognized church or religious denomination of
		    which the employee is a member or bona fide adherent. In such cases the
		    operator shall require documentation of the employee's standing as a
		    member.
(10) No individual who is
		    suffering from a degree of mental illness or habituation or addiction to
		    alcohol or other drugs such that the individual causes, or is likely to cause,
		    danger to himself or others or is unable to perform his/her assigned duties,
		    shall be employed or permitted to work as either an employee or
		    volunteer.
(11) No individual shall
		    be permitted to work, either as an employee or volunteer, if infected with a
		    communicable disease that might endanger the health of residents.
(12) Each individual shall:
(i) be emotionally, mentally and physically
		    able, as required by function, to provide services and supervision to the
		    population served by the facility; and
(ii) maintain personal hygiene and clothing
		    which is clean and appropriate for the functions performed.
(13) Employees who have direct
		    contact with residents shall be able to speak, read and write English, and
		    speak the predominant language of residents.
(14) No person under 18 years of age shall:
(i) be charged with direct responsibility for
		    the supervision and personal care of residents; or
(ii) be permitted to work without onsite
		    supervision.
(15) At
		    least one individual currently qualified by a recognized organization to
		    administer basic first aid shall be on duty and onsite at all times.
(16) The operator must inform the appropriate
		    regional office by telephone or in writing within three business days of a
		    vacancy in the position of administrator, case manager, activities director,
		    dietary consultant or health consultant.
(17) Prior to hiring or otherwise engaging
		    any employee, volunteer or others falling within the definition of
custodian
under section 488  of the Social Services Law which will or
		    may have direct contact with residents, the operator of a facility subject to
		    the Justice Center shall consult with the Justice Center for the Protection of
		    People with Special Needs, to verify that such person is not on the Justice
		    Center's register of substantiated category one cases of abuse or neglect as
		    established pursuant to section 495  of the Social Services Law (staff
		    exclusion list).
(18) documentation
		    of COVID-19 vaccination or a valid medical exemption to such vaccination,
		    pursuant to section 2.61 of Title 10, in accordance with applicable privacy
		    laws, and making such documentation available immediately upon request by the
		    Department, as well as any reasonable accommodation addressing such
		    exemption.