reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GENERAL › Section 611.2 - License required

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Except as
					 set forth in subsection (c), no entity or organization may operate, maintain,
					 or hold itself out as operating or maintaining a home care agency or home care
					 registry without first having obtained a license from the Department in
					 accordance with this chapter. Each physical location of the home care agency or
					 home care registry must be separately licensed. The Department will conduct an
					 inspection prior to issuing an initial license or a license renewal.
(b) The license will specify whether the
					 entity is licensed as a home care agency, a home care registry, or both, the
					 term of the license, and any conditions or limitations imposed on the
					 license.
(c) An entity operating a
					 home care agency or home care registry, or both, as of December 12, 2009, may
					 continue to operate after December 12, 2009, provided it submits an application
					 for a license to the Department in accordance with instructions published in
					 the
Pennsylvania Bulletin
and posted on the Department's web
					 site by February 10, 2010. An entity that has submitted an application for
					 licensure in accordance with the requirements of this subsection may continue
					 to operate the home care agency or home care registry until a date that the
					 Department may refuse the application for licensure. If the Department grants
					 the application for licensure, the home care agency or home care registry may
					 continue operation of the agency or registry in accordance with this
					 chapter.
(d) The applicant shall
					 obtain the application for a license to operate a home care agency or home care
					 registry from the Department of Health, Division of Home Health.
(e) The applicant shall submit an application
					 or renewal form to the Department with the fee of $100. The applicant shall
					 submit a renewal form at least 60 days prior to the expiration date on the
					 license. There will be no rebate, refund, or prorating of the application fee.
					 The applicant shall complete a separate application and pay a separate
					 application fee for each separately licensed home care agency or home care
					 registry that it intends to operate.
(f) The applicant shall specify on its
					 application the type of facility for which it is seeking a license.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GENERAL › Section 611.3 - Affected home care agencies and home care registries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter applies to home care
					 agencies, home care registries and to entities that meet both definitions,
					 profit or nonprofit, operated in this Commonwealth, as defined in this chapter.
					 This chapter does not apply to a home health care agency, a durable medical
					 equipment provider, a volunteer provider, or an organization or business entity
					 designated under section 3504 of the Internal Revenue Code (26 U.S.C.A. §
												3504) regarding acts to be performed by
					 agents and either IRS revenue procedure 70-6 or IRS revenue procedure 80-4,
					 that provides financial management services or supports coordination services,
					 or both, to consumers of home and community-based services through Medicaid
					 Waiver or other publicly funded programs.
(b) Existing home care agencies and home care
					 registries which were home care agencies or home care registries prior to
					 December 12, 2009, shall be required to meet the same standards as home care
					 agencies and home care registries created after December 12, 2009.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GENERAL › Section 611.4 - Requirements for home care agencies and home care registries

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A current copy of this chapter shall be
					 maintained at the home care agency or home care registry.
(b) Chapter 51 (relating to general
					 information), applicable to all entities licensed as health care facilities
					 under the act, applies to home care agencies and home care registries licensed
					 under this chapter.
(c) Home care
					 agencies and home care registries licensed under this chapter shall comply with
					 applicable environmental, health, sanitation and professional licensure
					 standards which are required by Federal, State and local authorities.
(d) If there is a difference in applicable
					 State or local standards, the standards established under State statutes apply
					 for the purpose of compliance with this chapter.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GOVERNANCE AND MANAGEMENT › Section 611.51 - Hiring or rostering of direct care workers

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Hiring or rostering
					 prerequisites
. Prior to hiring or rostering a direct care worker, the
					 home care agency or home care registry shall:
(1) Conduct a face-to-face interview with the
					 individual.
(2) Obtain at least two
					 satisfactory references for the individual. A satisfactory reference is a
					 positive, verifiable reference, either verbal or written, from a former
					 employer or other person not related to the individual that affirms the ability
					 of the individual to provide home care services.
(3) Require the individual to submit a
					 criminal history report, in accordance with §
												611.52 (relating to criminal
					 background checks), and a ChildLine verification, if applicable, in accordance
					 with the requirements of §
												611.53 (relating to child abuse
					 clearance).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GOVERNANCE AND MANAGEMENT › Section 611.52 - Criminal background checks

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. The home care agency or home care registry shall
					 require each applicant for employment or referral as a direct care worker to
					 submit a criminal history report obtained at the time of application or within
					 1 year immediately preceding the date of application. An applicant for
					 employment as a member of the office staff for the home care agency or home
					 care registry and the owner or owners of the home care agency or home care
					 registry also are required to obtain a criminal history report in accordance
					 with requirements contained in this section.
(b)
State Police criminal history
					 record
. If the individual required to submit or obtain a criminal
					 history report has been a resident of this Commonwealth for 2 years preceding
					 the date of the request for a criminal history report, the individual shall
					 request a State Police criminal history record.
(c)
Federal criminal history
					 record
. If the individual required to submit or obtain a criminal
					 history report has not been a resident of this Commonwealth for the 2 years
					 immediately preceding the date of the the request for a criminal history
					 report, the individual shall obtain a Federal criminal history record and a
					 letter of determination from the Department of Aging, based on the individual's
					 Federal criminal history record, in accordance with 6 Pa. Code §
											15.144(b)
					 (relating to procedure).
(d)
Proof of residency
. The home care agency or home care registry
					 may request an individual required to submit or obtain a criminal history
					 record to furnish proof of residency through submission of any one of the
					 following documents:
(1) Motor vehicle
					 records, such as a valid driver's license or a State-issued
					 identification.
(2) Housing
					 records, such as mortgage records or rent receipts.
(3) Public utility records and receipts, such
					 as electric bills.
(4) Local tax
					 records.
(5) A completed and
					 signed, Federal, State or local income tax return with the applicant's name and
					 address preprinted on it.
(6)
					 Employment records, including records of unemployment
					 compensation.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GOVERNANCE AND MANAGEMENT › Section 611.53 - Child abuse clearance

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. A home care agency or home care registry that
					 serves persons under 18 years of age shall require each applicant for
					 employment or referral as a direct care worker, each applicant for employment
					 as a member of the agency or registry office staff to request a ChildLine
					 verification regarding whether the applicant is named in the Statewide Central
					 Register as the perpetrator of a founded or indicated report of child abuse as
					 defined in 55 Pa. Code §
											3490.4 (relating to
					 definitions).
(b)
Prohibition
. A home care agency or home care registry may not
					 employ, roster or retain an individual where ChildLine has verified that the
					 individual is named in the Statewide Central Register as the perpetrator of a
					 founded or indicated report of child abuse.
(c)
Records maintained
. The
					 files maintained by the home care agency or home care registry for each
					 individual employed or rostered and for each member of the office staff must
					 include copies of the ChildLine verification. The agency or registry shall
					 maintain copies of the ChildLine verification for the agency or registry
					 owners, which shall be available for Department inspection.
(d)
Individuals currently employed or
					 rostered
. A person who is employed by or rostered by the home care
					 agency or home care registry, including each member of the agency or registry
					 office staff, as of December 12, 2009, shall obtain and submit a ChildLine
					 verification to the home care agency or home care registry by April 12, 2010.
					 This subsection does not apply if the home care agency or home care registry
					 obtained a ChildLine verification when the individual was hired or rostered and
					 a copy of the verification is included in the individual's file.
This section cited in 28 Pa. Code §
													611.51 (relating to hiring or
						  rostering of direct care workers); and 28 Pa. Code §
													611.54 (relating to provisional
						  hiring).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GOVERNANCE AND MANAGEMENT › Section 611.54 - Provisional hiring

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General rule
. The home care agency or home care registry may
					 hire an applicant for employment or referral on a provisional basis, pending
					 receipt of a criminal history report or a ChildLine verification, as
					 applicable, if the following conditions are met:
(1) The applicant shall have applied for a
					 criminal history report and ChildLine verification, as applicable, and provided
					 the home care agency or home care registry with a copy of the completed request
					 forms.
(2) The home care agency or
					 home care registry shall have no knowledge about the applicant that would
					 disqualify the applicant under
					 18 Pa.C.S. §
													4911
					 (relating to tampering with public record information).
(3) The applicant shall swear or affirm in
					 writing that the applicant is not disqualified from employment or referral
					 under this chapter.
(4) The home
					 care agency or home care registry may not assign or refer the provisionally
					 hired applicant until that person has met the requirements of §
												611.55 (relating to competency
					 requirements).
(5) The home care
					 agency or home care registry shall monitor the provisionally hired applicant
					 awaiting a criminal background check through random, direct observation and
					 consumer feedback. The results of monitoring shall be documented in the
					 individual's file.
(6) The home
					 care agency or home care registry shall directly supervise, or assign another
					 direct care worker to accompany, a provisionally hired applicant awaiting a
					 child abuse clearance who will provide home care services to a consumer less
					 than 18 years of age.
(7) The
					 period of provisional hire of an individual who is and has been, for a period
					 of 2 years or more, a resident of this Commonwealth, may not exceed 30 days.
					 The period of provisional hire of an individual who has not been a resident of
					 this Commonwealth for 2 years or more may not exceed 90 days.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GOVERNANCE AND MANAGEMENT › Section 611.55 - Competency requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
					 Prior to assigning or referring a direct care worker to provide services to a
					 consumer, the home care agency or home care registry shall ensure that the
					 direct care worker has done one of the following:
(1) Obtained a valid nurse's license in this
					 Commonwealth.
(2) Demonstrated
					 competency by passing a competency examination developed by the home care
					 agency or home care registry which meets the requirements of subsections (b)
					 and (c).
(3) Successfully completed
					 one of the following:
(i) A training program
					 developed by a home care agency, home care registry, or other entity which
					 meets the requirements of subsections (b) and (c).
(ii) A home health aide training program
					 meeting the requirements of 42 CFR 484.36 (relating to the
					 conditions of participation; home health aide services).
(iii) The nurse aid certification and
					 training program sponsored by the Department of Education and located at
					 www.pde.state.pa.us.
(iv) A
					 training program meeting the training standards imposed on the agency or
					 registry by virtue of the agency's or registry's participation as a provider in
					 a Medicaid Waiver or other publicly funded program providing home and community
					 based services to qualifying consumers.
(v) Another program identified by the
					 Department by subsequent publication in the
Pennsylvania
					 Bulletin
or on the Department's web site.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GOVERNANCE AND MANAGEMENT › Section 611.56 - Health screening

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
					 home care agency or home care registry shall insure that each direct care
					 worker and other office staff or contractors with direct consumer contact,
					 prior to consumer contact, provide documentation that the individual has been
					 screened for and is free from active mycobacterium tuberculosis. The screening
					 shall be conducted in accordance with CDC guidelines for preventing the
					 transmission of mycobacterium tuberculosis in health care settings. The
					 documentation must indicate the date of the screening which may not be more
					 than 1 year prior to the individual's start date.
(b) A home care agency or home care registry
					 shall require each direct care worker, and other office staff or contractors
					 with direct consumer contact, to update the documentation required under
					 subsection (a) at least every 12 months and provide the documentation to the
					 agency or registry. The 12 months must run from the date of the last
					 evaluation. The documentation required under subsection (a) shall be included
					 in the individual's file.
(c) A
					 direct care worker employed by a home care agency or rostered by the home care
					 registry on December 12, 2009, shall achieve compliance with the health
					 evaluation requirements imposed by this chapter by June 10, 2010.
This section cited in 28 Pa. Code §
													611.51 (relating to hiring or
						  rostering of direct care workers).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part IV - Health Facilities › Subpart H - Home Care Agencies and Home Care Registries › Chapter 611 - HOME CARE AGENCIES AND HOME CARE REGISTRIES › GOVERNANCE AND MANAGEMENT › Section 611.57 - Consumer protections

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Consumer rights
. The consumer of home care services provided
					 by a home care agency or through a home care registry shall have the following
					 rights:
(1) To be involved in the service
					 planning process and to receive services with reasonable accommodation of
					 individual needs and preferences, except where the health and safety of the
					 direct care worker is at risk.
(2)
					 To receive at least 10 calendar days advance written notice of the intent of
					 the home care agency or home care registry to terminate services. Less than 10
					 days advance written notice may be provided in the event the consumer has
					 failed to pay for services, despite notice, and the consumer is more than 14
					 days in arrears, or if the health and welfare of the direct care worker is at
					 risk.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 701 - GENERAL PROVISIONS › Subchapter A - DEFINITIONS › Section 701.3 - Legal base

Current through Register Vol. 54, No. 28, July 13, 2024
This part is issued under the authority contained in the
					 following statutes:
(1) The act, as
				  transferred to the Department by Reorganization Plan No. 4 of 1981 (P. L. 610)
				  (71
				  P. S. §
											759-4).
(2) The Controlled Substance, Drug, Device
				  and Cosmetic Act (35 P. S. §§
											780-101-780-144).
(3) Articles IX and X of the Public Welfare
				  Code (62 P. S. §§
											901-922
				  and 1001-1088), as transferred by
				  Reorganization Plan No. 2 of 1977 (P. L. 372) (71 P. S. §
											757-2) and No. 4 of 1981 (71 P. S. §
											757-2).
(4) The Health Care Facilities Act
				  (35
				  P. S. §
											448.101-448.904b).
(5) The act of July 9, 2010 (P. L. 348, No.
				  50), codified in section 2301-A of The Administrative Code of 1929
				  (71
				  P. S. §
											613.1).
The provisions of this §
												701.3 amended under section 2301-A
						of The Administrative Code of 1929 (71 P. S. §
													613.1).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 701 - GENERAL PROVISIONS › Subchapter B - EXCEPTIONS › Section 701.11 - Exceptions to this part

Current through Register Vol. 54, No. 28, July 13, 2024
(a) SCA's and
				  projects may submit a written request to the Department for an exception to a
				  provision of this part.
(b) The
				  Secretary or a designee may grant an exception to this part upon application,
				  or upon his own initiative, when it has been determined that, under the
				  circumstances, the granting of the exception will be:
(1) In furtherance of sound project or
				  program implementation.
(2)
				  Consistent with the policy objectives of this part.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 701 - GENERAL PROVISIONS › Subchapter B - EXCEPTIONS › Section 701.12 - Revocation of exceptions

Current through Register Vol. 54, No. 28, July 13, 2024
(a) An
				  exception granted under this chapter may be revoked by the Department, at its
				  discretion, for a justifiable reason. Notice of revocation will be in writing
				  and include the reason for the action of the Department and a specific date
				  upon which the exception will be terminated.
(b) In revoking an exception, the Department
				  will provide for a reasonable time between the date of written notice of
				  revocation and the date of termination of an exception for the project or an
				  SCA to come into compliance with this part. Failure by the project or an SCA to
				  comply after the specified date may result in enforcement proceedings under
				  this part.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 701 - GENERAL PROVISIONS › Subchapter B - EXCEPTIONS › Section 701.13 - Contact person

Current through Register Vol. 54, No. 28, July 13, 2024
Questions concerning this part should be directed to the
					 Department of Drug and Alcohol Programs, Division of Program Licensure, 132
					 Kline Plaza, Harrisburg, Pennsylvania 17104.
The provisions of this §
												701.13 amended under section
						2301-A of The Administrative Code of 1929 (71 P. S. §
													613.1).
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.1 - Scope

Current through Register Vol. 54, No. 28, July 13, 2024
This chapter applies to staff persons employed by drug and
				  alcohol treatment facilities which are licensed or approved under Chapters 709,
				  710 and 711 (relating to standards for licensure of freestanding treatment
				  activities; drug and alcohol services; and standards for certification of
				  treatment activities which are a part of a health care facility) with the
				  exception of staff persons employed in intake, evaluation and referral
				  facilities as delineated in Chapter 709, Subchapter D (relating to standards
				  for intake, evaluation and referral activities) and Chapter 711, Subchapter C
				  (relating to standards for intake evaluation and referral activities). Staff
				  persons shall possess the qualifications set forth in this chapter and shall
				  also participate in training as required in this chapter.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.2 - Compliance plan

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The project's
				governing body shall approve a written compliance plan to insure that the staff
				persons affected by this chapter meet the appropriate educational and
				experiential qualifications and receive training as stipulated in this
				chapter.
(b) The plan documenting
				the qualifications and training of staff shall be presented to Department
				licensing representatives at the time of the project's site visit.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.3 - General requirements for projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The project shall develop a written
				policy to address relapse of recovering clinical personnel. The project's
				policy shall also address the discipline of nonrecovering employes who abuse
				alcohol and other drugs.
(b) The
				project shall develop a policy that addresses the recruitment and hiring of
				staff persons who are appropriate to the population to be served. Every effort
				shall be made to hire staff persons representative of that
				population.
(c) Clerical and other
				support staff shall be employed in sufficient numbers to insure efficient and
				safe operation of all of the services provided by the project.
(d) Inpatient nonhospital facilities except
				for transitional living facilities and licensed facilities providing halfway
				house services shall have awake staff coverage 24 hours a day. Halfway houses
				shall have at least one staff person on the premises at all times.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.4 - Compliance with staff qualifications

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
				This chapter applies to project directors, facility directors, clinical
				supervisors, counselors and counselor assistants hired or promoted on or after
				March 4, 1996.
(b) Project
				directors and facility directors who were hired prior to March 4, 1996, need
				not comply with the specific qualifications listed in §
									704.5 (relating to qualifications
				for the positions of project director and facility director). They shall comply
				with §§
									704.11(a)-(f) and
				704.12 (relating to staff
				development program; and full-time equivalent (FTE) maximum client/staff and
				client/counselor ratios).
(c) A
				facility director who transfers to the same position in another facility
				operated by the same project after March 4, 1996, need not meet the
				qualifications set forth in § 704.5(c).
(d) A project director who accepts a position
				as a project director in a different project after March 4, 1996, shall comply
				with § 704.5(c).
(e) Persons
				employed as clinical supervisors and counselors who were hired or promoted
				prior to March 4, 1996, who do not meet the appropriate staff qualifications
				shall show evidence that they are working toward full compliance. They shall be
				in full compliance with this chapter by March 6, 2000. Upon completion of
				course work, transcripts and other forms of documentation shall be placed in
				the individual's personnel file. A licensing representative will check progress
				at the time of the project site visit.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.5 - Qualifications for the positions of project director and facility director

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A drug and
				alcohol treatment project shall have a project director responsible for the
				overall management of the project and staff and each drug and alcohol treatment
				facility shall have a facility director responsible for the overall management
				of the facility and staff unless the project has but one facility.
(b) If the facility does not have a clinical
				supervisor on staff, clinical responsibilities shall be addressed in one of the
				following ways:
(1) A facility director who
				has direct responsibility for clinical services shall meet the qualifications
				in at least one of the paragraphs of §
										704.7(b)
				(relating to qualifications for the position of counselor).
(2) If the facility director does not meet
				counselor qualifications and the facility employs less than eight counselors, a
				lead counselor or part-time clinical supervisor shall be appointed.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.6 - Qualifications for the position of clinical supervisor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A drug and alcohol treatment project
				shall have a full-time clinical supervisor for every eight full-time counselors
				or counselor assistants, or both.
(b) A clinical supervisor shall meet at least
				one of the following groups of qualifications:
(1) A Master's Degree or above from an
				accredited college with a major in medicine, chemical dependency, psychology,
				social work, counseling, nursing (with a clinical specialty in administration
				or the human services) or other related field and 2 years of clinical
				experience in a health or human service agency which includes 1 year of working
				directly with the chemically dependent.
(2) A Bachelor's Degree from an accredited
				college with a major in chemical dependency, psychology, social work,
				counseling, nursing (with a clinical specialty in administration or the human
				services) or other related field and 3 years of clinical experience in a health
				or human service agency which includes 1 year of working directly with the
				chemically dependent person.
(3) An
				Associate Degree from an accredited college with a major in chemical
				dependency, psychology, social work, counseling, nursing (with a clinical
				specialty in administration or the human services) or other related field and 4
				years of clinical experience in a health or human service agency which includes
				1 year of working directly with the chemically dependent person.
(4) Full certification as an addictions
				counselor by a statewide certification body which is a member of a National
				certification body or certification by another state government's substance
				abuse counseling certification board and 3 years of clinical experience in a
				health or human service agency which includes 1 year of working directly with
				the chemically dependent person. The individual shall also complete a
				Department approved core curriculum training which includes a component on
				clinical supervision skills.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.7 - Qualifications for the position of counselor

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Drug and alcohol treatment projects shall
				be staffed by counselors proportionate to the staff/client and counselor/client
				ratios listed in §
									704.12 (relating to full-time
				equivalent (FTE) maximum client/staff and client/counselor ratios).
(b) Each counselor shall meet at least one of
				the following groups of qualifications:
(1)
				Current licensure in this Commonwealth as a physician.
(2) A Master's Degree or above from an
				accredited college with a major in chemical dependency, psychology, social
				work, counseling, nursing (with a clinical specialty in the human services) or
				other related field which includes a practicum in a health or human service
				agency, preferably in a drug and alcohol setting. If the practicum did not take
				place in a drug and alcohol setting, the individual's written training plan
				shall specifically address a plan to achieve counseling competency in chemical
				dependency issues.
(3) A Bachelor's
				Degree from an accredited college with a major in chemical dependency,
				psychology, social work, counseling, nursing (with a clinical specialty in the
				human services) or other related field and 1 year of clinical experience (a
				minimum of 1,820 hours) in a health or human service agency, preferably in a
				drug and alcohol setting. If a person's experience did not take place in a drug
				and alcohol setting, the individual's written training plan shall specifically
				address a plan to achieve counseling competency in chemical dependency
				issues.
(4) An Associate Degree
				from an accredited college with a major in chemical dependency, psychology,
				social work, counseling, nursing (with a clinical specialty in the human
				services) or other related field and 2 years of clinical experience (a minimum
				of 3,640 hours) in a health or human service agency, preferably in a drug and
				alcohol setting. If a person's experience was not in a drug and alcohol
				setting, the individual's written training plan shall specifically address a
				plan to achieve counseling competency in chemical dependency issues.
(5) Current licensure in this Commonwealth as
				a registered nurse and a degree from an accredited school of nursing and 1 year
				of counseling experience (a minimum of 1,820 hours) in a health or human
				service agency, preferably in a drug and alcohol setting. If a person's
				experience was not in a drug and alcohol setting, the individual's written
				training plan shall specifically address a plan to achieve counseling
				competency in chemical dependency issues.
(6) Full certification as an addictions
				counselor by a statewide certification body which is a member of a National
				certification body or certification by another state government's substance
				abuse counseling certification board.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.8 - Qualifications for the position of counselor assistant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person who does not meet the
				educational and experiential qualifications for the position of counselor may
				be employed as a counselor assistant if the requirements of at least one of the
				following paragraphs are met. However, a project may not hire more than one
				counselor assistant for each employe who meets the requirements of clinical
				supervisor or counselor.
(1) A Master's Degree
				in a human service area.
(2) A
				Bachelor's Degree in a human service area.
(3) Licensure in this Commonwealth as a
				registered nurse.
(4) An
				Associate's Degree in a human service area.
(5) A high school diploma or General
				Education Development (GED) equivalent.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.9 - Supervision of counselor assistant

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Supervision.
A counselor assistant shall be supervised by a
				full-time clinical supervisor or counselor who meets the qualifications in
				§
									704.6 or §
									704.7 (relating to qualifications
				for the position of clinical supervisor; and qualifications for the position of
				counselor).
(b)
Performance
				evaluation.
The counselor assistant shall be given a written
				semiannual performance evaluation based upon measurable performance standards.
				If the individual does not meet the standards at the time of evaluation, the
				counselor assistant shall remain in this status until the supervised period set
				forth in subsection (c) is completed and a satisfactory rating is received from
				the counselor assistant's supervisor.
(c)
Supervised period.
(1) A counselor assistant with a Master's
				Degree as set forth in §
										704.8(a)(1)
				(relating to qualifications for the position of counselor assistant) may
				counsel clients only under the close supervision of a trained counselor or
				clinical supervisor for at least the first 3 months of employment.
(2) A counselor assistant with a Bachelor's
				Degree as set forth in §
										704.8(a)(2)  may
				counsel clients only under the close supervision of a trained counselor or
				clinical supervisor for at least the first 6 months of employment.
(3) A registered nurse as set forth in §
										704.8(a)(3) may
				counsel clients only under the close supervision of a trained counselor or
				clinical supervisor for at least the first 6 months of employment.
(4) A counselor assistant with an Associate
				Degree as set forth in §
										704.8(a)(4) may
				counsel clients only under the close supervision of a trained counselor or
				clinical supervisor for at least the first 9 months of employment.
(5) A counselor assistant with a high school
				diploma or GED equivalent as set forth in §
										704.8(a)(5) may
				counsel clients only under the direct observation of a trained counselor or
				clinical supervisor for the first 3 months of employment. For the next 9
				months, the counselor assistant may counsel clients only under the close
				supervision of a lead counselor or a clinical supervisor.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.10 - Promotion of counselor assistant

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				counselor assistant who satisfactorily completes one of the sets of
				qualifications in §
									704.7 (relating to qualifications
				for the position of counselor) may be promoted to the position of
				counselor.
(b) A counselor
				assistant shall document to the facility director that he is working toward
				counselor status. This information shall be documented upon completion of each
				calendar year.
(c) A counselor
				assistant shall meet the requirements for counselor within 5 years of
				employment. A counselor assistant who has accumulated less than 7,500 hours of
				employment during the first 5 years of employment will have 2 additional years
				to meet the requirements for counselor.
(d) A counselor assistant who cannot meet the
				time requirements in subsection (c) may submit to the Department a written
				petition requesting an exception. The petition shall describe the circumstances
				that make compliance with subsection (c) impracticable and shall be approved by
				both the clinical supervisor or lead counselor and the project director.
				Granting of the petition will be within the discretion of the
				Department.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.11 - Staff development program

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Components.
The project director shall develop a comprehensive
				staff development program for agency personnel including policies and
				procedures for the program indicating who is responsible and the time frames
				for completion of the following components:
(1) An assessment of staff training
				needs.
(2) An overall plan for
				addressing these needs.
(3) A
				mechanism to collect feedback on completed training.
(4) An annual evaluation of the overall
				training plan.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 704 - STAFFING REQUIREMENTS FOR DRUG AND ALCOHOL TREATMENT ACTIVITIES › Section 704.12 - Full-time equivalent (FTE) maximum client/staff and client/counselor ratios

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
General
				requirements.
Projects shall be required to comply with the
				client/staff and client/counselor ratios in paragraphs (1)-(6) during primary
				care hours. These ratios refer to the total number of clients being treated
				including clients with diagnoses other than drug and alcohol addiction served
				in other facets of the project. Family units may be counted as one client.
(1)
Inpatient nonhospital
				detoxification (residential detoxification).
(i) There shall be one FTE primary care staff
				person available for every seven clients during primary care hours.
(ii) There shall be a physician on call at
				all times.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.1 - General requirements for residential facilities

Current through Register Vol. 54, No. 28, July 13, 2024
The residential facility shall:
(1) Hold a license under Chapter 709
				  (relating to standards for licensure of freestanding treatment facilities) or a
				  certificate under Chapter 711 (relating to standards for certification of
				  treatment activities which are part of a health care facility).
(2) Have a certificate of occupancy from the
				  Department of Labor and Industry or its local equivalent.
(3) Comply with applicable Federal, State and
				  local laws and ordinances.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.2 - Building exterior and grounds

Current through Register Vol. 54, No. 28, July 13, 2024
The residential facility shall:
(1) Maintain all structures, fences and
				  playground equipment, when applicable, on the grounds of the facility so as to
				  be free from any danger to health and safety.
(2) Keep the grounds of the facility clean,
				  safe, sanitary and in good repair at all times for the safety and well-being of
				  residents, employees and visitors. The exterior of the building and the
				  building grounds or yard shall be free of hazards.
(3) Keep exterior exits, stairs and walkways
				  lighted at night.
(4) Store all
				  trash, garbage and rubbish in noncombustible, covered containers that prevent
				  the penetration of insects and rodents, and remove it, at least once every
				  week.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.3 - Living rooms and lounges

Current through Register Vol. 54, No. 28, July 13, 2024
The residential facility shall contain at least one living
					 room or lounge for the free and informal use of clients, their families and
					 invited guests. The facility shall maintain furnishings in a state of good
					 repair.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.4 - Counseling areas

Current through Register Vol. 54, No. 28, July 13, 2024
The residential facility shall:
(1) Maintain space for both individual and
				  group counseling sessions.
(2)
				  Maintain counseling areas with furnishings which are in good repair.
(3) Ensure privacy so that counseling
				  sessions cannot be seen or heard outside the counseling room. Counseling room
				  walls shall extend from the floor to the ceiling.
(4) Locate counseling areas so that noise
				  does not disturb or interfere with counseling sessions.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.5 - Sleeping accommodations

Current through Register Vol. 54, No. 28, July 13, 2024
(a) In
				  each residential facility bedroom, each resident shall have the following:
(1) A bed with solid foundation and fire
				  retardant mattress in good repair.
(2) A pillow and bedding appropriate for the
				  temperature in the facility.
(3) A
				  storage area for clothing.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.6 - Bathrooms

Current through Register Vol. 54, No. 28, July 13, 2024
The residential facility shall:
(1) Provide bathrooms to accommodate staff,
				  residents and other users of the facility.
(2) Provide a sink, a wall mirror, an
				  operable soap dispenser, and either individual paper towels or a mechanical
				  dryer in each bathroom.
(3) Have
				  hot and cold water under pressure. Hot water temperature may not exceed
				  120°F.
(4) Provide privacy in
				  toilets by doors, and in showers and bathtubs by partitions, doors or curtains.
				  There shall be slip-resistant surfaces in all bathtubs and showers.
(5) Ventilate toilet and wash rooms by
				  exhaust fan or window.
(6) Provide
				  toilet paper at each toilet at all times.
(7) Maintain each bathroom in a functional,
				  clean and sanitary manner at all times.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.7 - Food service

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A
				  residential facility shall provide meals to residents through onsite food
				  preparation areas, a central food preparation area or contractual arrangements
				  with vendors or caterers.
(b) A
				  residential facility may operate a central food preparation area to provide
				  food services to multiple facilities or locations. A residential facility that
				  operates an onsite food preparation area or a central food preparation area
				  shall:
(1) Have a food preparation area with
				  a refrigerator, a sink, a stove, an oven and cabinet space for
				  storage.
(2) Clean and disinfect
				  food preparation areas and appliances following each prepared meal.
(3) Clean all eating, drinking and cooking
				  utensils and all food preparation areas after each usage and store the utensils
				  in a clean enclosed area.
(4)
				  Ensure that storage areas for foods are free of food particles, dust and
				  dirt.
(5) Keep cold food at or
				  below 40°F, hot food at or above 140°F, and frozen food at or below
				  O°F.
(6) Store all food items
				  off the floor.
(7) Prohibit pets in
				  the food preparation area.
(8)
				  Prohibit smoking in food preparation areas.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.8 - Heating and cooling

Current through Register Vol. 54, No. 28, July 13, 2024
The residential facility:
(1) Shall have a heating and cooling
				  ventilation system that is adequate to maintain an indoor temperature of at
				  least 65°F in the winter. When indoor temperatures exceed 90°F,
				  mechanical ventilation such as fans or air conditioning shall be
				  used.
(2) May not permit in the
				  facility heaters that are not permanently mounted or installed.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.9 - General safety and emergency procedures

Current through Register Vol. 54, No. 28, July 13, 2024
The residential facility shall:
(1) Be free of rodent and insect
				  infestation.
(2) Require that pets
				  housed in the residential facility are cared for in a safe and sanitary
				  manner.
(3) Limit smoking to
				  designated smoking areas.
(4)
				  Provide written procedures for staff and residents to follow in case of an
				  emergency which shall include provisions for:
(i) The evacuation and transfer of residents
				  and staff to a safe location.
(ii)
				  Assignments of staff during emergencies.
(iii) The evacuation and transfer of
				  residents impaired by alcohol or other drugs.
Pennsylvania Code › Title 28 - HEALTH AND SAFETY › Part V - Department of Drug and Alcohol Programs › Chapter 705 - PHYSICAL PLANT STANDARDS › Subchapter A - RESIDENTIAL FACILITIES › Section 705.10 - Fire safety

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Exits.
(1) The residential
				  facility shall:
(i) Ensure that stairways,
				  hallways and exits from rooms and from the residential facility are
				  unobstructed.
(ii) Maintain a
				  minimum of two exits on every floor, including the basement, that are separated
				  by a minimum distance of 15 feet.
(iii) Maintain each ramp, interior stairway
				  and outside steps exceeding two steps with a well-secured handrail and maintain
				  each porch that has over an 18-inch drop with a well-secured railing.
(iv) Clearly indicate exits by the use of
				  signs.
(v) Light interior exits and
				  stairs at all times.