North Carolina Administrative Code › Title 10A - HEALTH AND HUMAN SERVICES › Chapter 13 - NC MEDICAL CARE COMMISSION › Subchapter J - THE LICENSING OF HOME CARE AGENCIES › Section .1000 - ADMINISTRATION › Section 13J .1003 - PERSONNEL

Current through Register Vol. 39, No. 2, July 15, 2024
(a) Written
				  policies shall be established and implemented by the agency regarding infection
				  control and exposure to communicable diseases consistent with Subchapter 19A of
				  Title 15A, North Carolina Administrative Code. These policies shall include
				  provisions for compliance with
				  29 CFR
				  1910 (Occupational Safety and Health
				  Standards) which is incorporated by reference including subsequent amendments.
				  Copies of Title 29 Part 1910 can be purchased from the Superintendent of
				  Documents, U.S. Government Printing Office, P.O. Box 371954, Pittsburgh, PA
				  15250-7954 or by calling Washington, D.C. (202) 512-1800. The cost is
				  twenty-one dollars ($21.00) and may be purchased with a credit card.
(b) Hands-on care employees must have a
				  baseline skin test for TB. Individuals who test positive must demonstrate
				  noninfectious status prior to assignment in a client's home. Individuals who
				  have previously tested positive to the TB skin test shall obtain a baseline and
				  subsequent annual verification that they are free of TB symptoms. This
				  verification shall be obtained from the local health department, a private
				  physician or health nurse employed by the agency. The Tuberculosis Control
				  Branch of the North Carolina Department of Health and Human Services, Division
				  of Public Health, 1902 Mail Service Center, Raleigh, NC 27699-1902 shall
				  provide, free of charge, guidelines for conducting verification and Form DHHS
				  3405 (Record of Tuberculosis Screening). Employees identified by agency risk
				  assessment, to be at risk for exposure shall be subsequently tested at
				  intervals prescribed by OSHA standards.
(c) The agency shall not hire any individual
				  either directly or by contract who has a substantiated finding on the North
				  Carolina Health Care Personnel Registry in accordance with
				  G.S.
				  131E-256(a)(1).
(d) Written policies shall be established and
				  implemented which include personnel record content, orientation and in-service
				  education. Records on the subject of in-service education and attendance shall
				  be maintained by the agency and retained as set out in Paragraph (f) of this
				  Rule.
(e) Job descriptions for
				  every position shall be established in writing which include qualifications and
				  specific responsibilities. Individuals shall be assigned only to duties for
				  which they are trained and competent to perform and when applicable for which
				  they are licensed.
(f) Personnel
				  records shall be established and maintained for each home care employee. When
				  requested, the records shall be available on the agency premises for inspection
				  by the Department. These records shall be maintained for at least one year
				  after termination from agency employment. The records shall include the
				  following:
(1) an application or resume which
				  lists education, training and previous employment that can be verified,
				  including job title;
(2) a job
				  description with record of acknowledgment by the employee;
(3) reference checks or verification of
				  previous employment;
(4) records of
				  tuberculosis screening for employees for whom the test is necessary as
				  described in Paragraph (a) of this Rule;
(5) documentation of Hepatitis B immunization
				  or declination for hands-on care employees in accordance with the agency's
				  exposure control plan;
(6) airborne
				  and bloodborne pathogen training for hands on care employees, including annual
				  updates, in compliance with 29 CFR 1910 and in accordance with
				  the agency's exposure control plan;
(7) performance evaluations according to
				  agency policy and at least annually. These evaluations may be confidential
				  pursuant to Rule.0905 of this Subchapter;
(8) verification of employees' credentials as
				  applicable; and
(9) records of the
				  verification of competencies by agency supervisory personnel of all skills
				  required of home care services personnel to carry out client care tasks to
				  which the employee is assigned. The method of verification shall be defined in
				  agency policy.