N.J. Admin. Code § 10:161B-3.5 - Personnel
(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 CDA, 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 program shall initiate State-level criminal history record background checks supported by fingerprints no later than the time of hiring all staff, student interns and volunteers.
3. Programs shall provide each staff member with a photo identification card to include, at a minimum, the staff member's name, job title, degree and/or certification.
4. The facility administrator shall make reasonable efforts to ensure that staff are in good physical and mental health, emotionally stable, of good moral character, 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 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, including, but not limited to, those above, 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. Programs 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 of the conviction(s) 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.
6. Programs shall document verification and confirmation of licenses/certifications and educational degrees for all staff in accordance with program 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.
(b) The facility administrator shall establish written policies and procedures addressing the period of time during which staff in recovery status are determined to be continuously substance (alcohol and/or other drug) free before being employed in the facility, and which address the consequences of employee use of alcohol, tobacco or illegal drugs during working hours or when representing the treatment program. The program shall establish written policies addressing alcohol and nicotine use during working hours or when reporting to the treatment field.
(c) The facility administrator shall develop written job descriptions for all facility staff including volunteers, and ensure that personnel are assigned duties based upon their education, training and competencies, and in accordance with their job descriptions.
(d) The facility shall employ only those personnel who are currently licensed, currently certified, or authorized under the appropriate laws or rules of the State of New Jersey or under the applicable standards of the appropriate recognized credentialing body to provide client care.
(e) The facility shall ensure that adequate staffing levels are maintained to ensure continuity of care to clients, and shall ensure that substitute staff possess appropriate equivalent qualifications needed to function in that capacity.
(f) The facility shall develop and implement a staff orientation plan and a staff education plan, that includes written plans for each service and designation of person(s) responsible for training as follows:
1. All staff shall receive orientation at the time of employment and at least annual in-service education regarding, at a minimum:
i. The facility's emergency plans and procedures;
ii. The infection prevention and control program;
iii. Universal precautions; and
iv. The policies and procedures concerning conflicts of interest, ethics and confidentiality, client rights, treating individuals with co-occurring disorders, cultural competence, and, where appropriate, identifying and responding to cases of child abuse and elder abuse.
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