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 490 - Standards For Residences For Adults › Section 490.9 - Personnel

Current through Register Vol. 46, No. 28, July 10, 2024
(a) General
		    requirements.
(1) The operator must provide
		    staff sufficient in number and qualified by training and experience to render,
		    at a minimum, those services mandated by this Part.
(2)
(i) The
		    operator must develop a written training plan for staff which includes a plan
		    for training new employees and an on-going, in-service program for all
		    staff.
(ii) The training plan must
		    be amended as necessary, revised annually and retained on file for department
		    inspection.
(iii) The on-going
		    in-service program for all staff must be provided at least every 12
		    months.
(iv) All new employees or
		    employees being newly assigned to perform new tasks must have completed
		    training within three months of employment or assignment.
(3) The operator must 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 of the facility;
(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; and
(vi) training in emergency
		    procedures.
(4) The
		    operator must develop and maintain current written staffing schedules. Staffing
		    schedules must be retained for 12 months after developed or
		    performed.
(5) The operator must
		    maintain personnel records which include:
(i)
		    individual employee records containing verification of qualifications for any
		    position for which qualifications are set by regulation, medical evaluations
		    and any incident reports involving the employee; and
(ii) payment records containing all wages,
		    benefits, reimbursements, bonuses, gifts, or payments given each
		    employee.
(6) 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 (P.A.) or a
		    registered professional nurse (R.N.) 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 potential risk to residents of an adult home and which
		    might interfere with the performance of the individual's duties; and
(ii) 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.
(7) Notwithstanding paragraph (6)
		    of this subdivision, a physical examination is not 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 must
		    require documentation of the employee's standing as a member.
(8) 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/herself or others or is unable to perform his/her assigned duties, may
		    be employed or permitted to work as either an employee or volunteer.
(9) No individual may be permitted to work,
		    either as an employee or volunteer, if infected with a communicable disease
		    that might endanger the health of residents.
(10) Each individual must:
(i) be emotionally, mentally and physically
		    able, as required by function, to provide services and supervision to the
		    residents; and
(ii) maintain
		    personal hygiene and clothing which is clean and appropriate for the functions
		    performed.
(11)
		    Employees who have direct contact with residents must be able to speak, read
		    and write English, and speak the predominant language of the
		    residents.
(12) No person under 18
		    years of age may:
(i) be charged with direct
		    responsibility for the supervision and personal care of residents; or
(ii) be permitted to work without on-site
		    supervision.
(13) At
		    least one individual currently qualified by a recognized organization to
		    administer basic first aid must be on-duty and on-site at all times.
(14) The operator must inform the appropriate
		    regional office by telephone or in writing within three days of a vacancy in
		    the position of administrator, case manager, activities coordinator, dietary
		    consultant or health consultant.
(15) Operator shall collect 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.