New Jersey Administrative Code › Title 8 - HEALTH › Chapter 111 - FOOD AND DRUGS › Subchapter 3 - GENERAL REQUIREMENTS › Section 8:111-3.5 - Personnel

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The facility shall
				maintain personnel records for each employee including, but not limited to, the
				employee's name, address, Social Security number, proof of identification, previous
				employment history (including verification), educational background, credentials
				(including progress toward acquiring the CADC or LCADC), professional license number
				with effective date and date of expiration (if applicable), certification (if
				applicable), verification of credentials, record of voluntarily disclosed criminal
				convictions, results of criminal history background checks, records of physical
				examinations, job descriptions, documentation of staff orientation and staff
				education received and evaluations of performance.
1. The facility shall complete performance
				evaluations on staff a minimum of once per year after initial employment.
2. The facility shall initiate State-level
				criminal history background checks supported by fingerprints not later than the time
				of hiring all staff, including student interns and volunteers.
3. Facilities shall provide each staff member with
				a photo identification card to include, at a minimum, the staff member's first name
				and last initial, job title, degree and/or certification.
4. The facility administrator shall make
				reasonable efforts to adhere to facility policies regarding the hiring of staff to
				ensure that staff are in good physical and mental health, emotionally stable,
				concerned for the safety and well-being of clients and have not been convicted of a
				crime relating adversely to the person's ability to provide care or interact with
				clients and families, either directly or indirectly, such as, but not limited to,
				drug-related offenses, homicide, aggravated assault, kidnapping, sexual offenses,
				robbery and crimes against the family, children or incompetents, except where the
				applicant or employee with a criminal history has demonstrated rehabilitation in
				order to qualify for employment. Such procedures for hiring employees with past
				criminal histories include, but are not limited to, this paragraph, shall be clearly
				written.
i. "Reasonable efforts" shall include,
				but need not be limited to, an inquiry on the employment application, reference
				checks and/or criminal history record background checks where indicated or
				necessary.
5. Facilities shall
				have a policy governing the review of criminal convictions identified by criminal
				history background checks or voluntary disclosure by prospective employees that
				shall include the process and standards by which convictions are reviewed to
				determine if the nature and severity thereof precludes consideration for hiring.
				Such policy shall not preclude the hiring of persons with criminal convictions, but
				may reasonably balance the type and severity of the crime, history of rehabilitation
				and nature of employment duties.
6.
				Facilities shall document verification and confirmation of licenses/certifications
				and educational degrees for all staff in accordance with facility policy and
				requirements established for the position by this chapter to determine that they are
				both current and not under suspension or other sanction from any licensing or
				certifying authority, which would preclude employment due to inappropriateness (that
				is, ethical violations) or lack of minimum qualifications/requirements for the
				position.