Iowa Admin. Code r. 481-58.11 - Personnel
(1)
General qualifications.
a.
No person with a current record of habitual alcohol intoxication or addiction
to the use of drugs shall serve in a managerial role of a nursing facility.
(II)
b. No person under the
influence of alcohol or intoxicating drugs shall be permitted to provide
services in a nursing facility. (II)
c. No person shall be allowed to provide
services in a facility if the person has a disease:
(1) Which is transmissible through required
workplace contact, (I, II, III)
(2)
Which presents a significant risk of infecting others, (I, II, III)
(3) Which presents a substantial possibility
of harming others, and (I, II, III)
(4) For which no reasonable accommodation can
eliminate the risk. (I, II, III)
Refer to guidelines issued by the Centers for Disease Control and Prevention, U.S. Department of Health and Human Services, to determine (1), (2), (3) and (4).
d. Individuals with either physical or mental
disabilities may be employed for specific duties, but only if that disability
is unrelated to that individual's ability to perform the duties of the job.
(III)
e. Persons employed in all
departments, except the nursing department of a nursing facility, shall be
qualified through formal training or through prior experience to perform the
type of work for which they have been employed. Prior experience means at least
240 hours of full-time employment in a field related to their duties. Persons
may be hired in laundry, housekeeping, activities and dietary without
experience or training if the facility institutes a formal in-service training
program to fit the job description in question and documents such as having
taken place within 30 days after the initial hiring of such untrained
employees. (III)
f. The health
services supervisor shall be a qualified nurse as defined in these regulations.
(II)
g. There shall be an organized
ongoing in-service educational and training program planned in advance for all
personnel in all departments. (II, III)
h. Nurse aides may be utilized in accordance
with the requirements in 441-subrule 81.13(19) and rule
441-81.16 (249A). Nurse aides
who have received training other than the Iowa state-approved program must pass
a competency evaluation approved by the department of inspections and appeals
in accordance with 441-subrule 81.13(19) and rule
441-81.16 (249A). Evidence of
prior formal training must be presented to the facility or institution
conducting the challenge examination before the examination is given. The
approved facility or institution, following department of inspections and
appeals guidelines, shall make the determination of who is qualified to take
the examination. Documentation of the challenge examinations administered shall
be maintained.
(2)
Nursing supervision and staffing.
a. Where only part-time nurses are employed,
one nurse shall be designated health service supervisor. (III)
b. A qualified nurse shall be employed to
relieve the supervising nurses, including charge nurses, on holidays, vacation,
sick leave, days off, absences or emergencies. Pertinent information for
contacting such relief person shall be readily available to nurses.
(III)
c. When the health service
supervisor serves as the administrator of a facility 50 beds and over, a
qualified nurse must be employed to relieve the health service supervisor of
nursing responsibilities. (III)
d.
The department may establish on an individual facility basis the numbers and
qualifications of the staff required in the facility using as its criteria the
services being offered and the needs of the residents. (III)
e. A nursing facility of 75 beds or more
shall have a qualified nurse on duty 24 hours per day, seven days a week. (II,
III)
f. In facilities under 75
beds, if the health service supervisor is a licensed practical nurse, the
facility shall employ a registered nurse, for at least four hours each week for
consultation, who must be on duty at the same time as the health service
supervisor. (II, III)
(1) This shall be an
on-site consultation and documentation shall be made of the visit.
(III)
(2) The registered
nurse-consultant shall have responsibilities clearly outlined in a written
agreement with the facility. (III)
(3) Consultation shall include but not be
limited to the following: counseling the health service supervisor in the
management of the health services; (III) reviewing and evaluating the health
services in determining that the needs of the residents are met; (II, III)
conducting a review of medications at least monthly if the facility does not
employ a registered nurse part-time. (II, III)
g. Facilities with 75 or more beds must
employ a health service supervisor who is a registered nurse. (II)
h. There shall be at least two people who
shall be capable of rendering nursing service, awake, dressed, and on duty at
all times. (II)
i. Physician's and
other qualified health care practitioner's orders shall be implemented by
qualified personnel. (II, III)
(3)
Employee criminal record checks,
child abuse checks and dependent adult abuse checks and employment of
individuals who have committed a crime or have a founded abuse. The
facility shall comply with the requirements found in Iowa Code section
135C.33 and rule 481-50.9(135C)
related to completion of criminal record checks, child abuse checks, and
dependent adult abuse checks and to employment of individuals who have
committed a crime or have a founded abuse. (I, II, III)
Notes
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No prior version found.