Or. Admin. Code § 309-035-0135 - Staffing
(1) The provider
must maintain a written job description for each staff position that specifies
the position's qualifications and job duties:
(a) A direct care staff person must be:
(A) At least 18 years of age;
(B) Be capable of implementing the setting's
emergency procedures and disaster plan; and
(C) Be capable of performing other duties of
the job as described in the job description;
(b) All program staff having contact with a
resident must have a documented current approved background check in accordance
with OAR 943-007-0001 through
943-007-0501 prior to working
alone with residents. All program staff must have a preliminary background
check prior to working with residents under supervision of qualified staff. The
provider must maintain documentation of current approved or preliminary
background checks for each applicable staff person.
(c) A new background check must be completed:
(A) Every two years;
(B) Prior to any subject individual's change
in employment position; and
(C) If
the Division has reason to believe a new background check is needed.
(d) All program staff must meet
other qualifications when required by a contract or financing arrangement
approved by the Division.
(2) Personnel policies must be made available
to all program staff and must describe hiring, leave, promotion, and
disciplinary practices.
(3) The
program administrator must provide or arrange a minimum of 16 hours pre-service
orientation for each program staff within 60 days of hire and prior to working
alone with residents, Pre-service training for direct care staff must include,
but is not limited to:
(a) A comprehensive
tour of the setting;
(b) A review
of emergency procedures developed in accordance with OAR
309-035-0145;
(c) A review of setting policies and
procedures;
(d) Background on
mental, emotional, or behavioral disorders and conditions;
(e) Behavior management including
de-escalation techniques;
(f) An
overview of resident rights;
(g)
Medication management procedures;
(h) Food service arrangements;
(i) Grievances, complaints, and an overview
of the Oregon Residential Facilities Ombudsperson program;
(j) A summary of each resident's assessment
and residential service plan;
(k)
Culturally responsive care;
(l)
Completion of the approved course Mandatory Reporting for Individuals Working
in Community Mental Health Programs; and
(m) Other information relevant to the job
description and scheduled shifts.
(4) The program administrator must provide or
arrange a minimum of 8 hours annual in-service training for each program staff:
(a) Annual in-service training topics for
direct care staff must include but are not limited to:
(A) Culturally responsive care;
(B) Implementing residential service
plans;
(C) Behavior management
including de-escalation techniques;
(D) Daily living skills
development;
(E)
Nutrition;
(F) Opioid overdose kits
and administration of an FDA-approved short-acting, non-injectable, opioid
antagonist medication;
(G)
Understanding mental illness;
(H)
Sanitary food handling;
(I)
Resident rights, freedoms, and protections;
(J) Identifying health care needs;
(K) Complaints, grievances, incidents and
abuse reporting; and
(L)
Psychotropic medications.
(b) The licensee must ensure that all direct
care staff have and maintain current Cardiopulmonary Resuscitation (CPR) and
First Aid certifications from a Division-approved entity within 60 days of hire
and prior to working alone with residents:
(A)
Accepted CPR and First Aid courses must be provided by or meet the standards of
the American Heart Association or the American Red Cross.
(B) CPR or First Aid courses conducted online
are only accepted by the Division when an in-person skills competency check is
conducted by a qualified instructor meeting the standards of the American Heart
Association or the American Red Cross.
(c) All program staff and entities
contracting with the program to provide direct care must complete a
Division-approved LGBTQIA2S+ training within 60 days of hire and prior to
working alone with residents and every two years thereafter. This training must
include the following elements:
(A) Caring for
LGBTQIA2S+ residents and residents living with human immunodeficiency
virus;
(B) Preventing
discrimination based on a resident's sexual orientation, gender identity,
gender expression, or human immunodeficiency virus status;
(C) The defined terms commonly associated
with LGBTQIA2S+ individuals and human immunodeficiency virus status;
(D) Best practices for communicating with or
about LGBTQIA2S+ residents and residents living with human immunodeficiency
virus, including the use of an individual's chosen name and pronouns;
(E) A description of the health and social
challenges historically experienced by LGBTQIA2S+ residents and residents
living with human immunodeficiency virus, including discrimination when seeking
or receiving care and the demonstrated physical and mental health effects
within the LGBTQIA2S+ community associated with such discrimination;
and
(F) Strategies to create a safe
and affirming environment for LGBTQIA2S+ residents and residents living with
human immunodeficiency virus, including suggested changes to policies and
procedures, forms, signage, communication between residents and their families,
activities, in-house services, and staff training.
(d) Proof of all training completion must be
documented in the program staff member's individual personnel file as outlined
in OAR 309-035-0125. Proof of training
completion for entities contracting with the program must be maintained in the
program files.
(5) All
caregivers, including licensees and administrators are required to complete the
Authority-approved HCBS training, as provided below:
(a) Effective June 30, 2025, all caregivers
must have completed the required training.
(b) All new caregivers, hired on or after
July 1, 2025, must complete the required training prior to beginning job
responsibilities.
(6) The
provider must ensure that an adequate number of trained and qualified program
and direct care staff are available at all times to meet the treatment, health,
and safety needs of all residents. Program staff must be scheduled to meet the
changing needs and ensure safety of residents. Minimum staffing requirements
are as follows:
(a) There must be at least one
direct care staff on duty at all times;
(b) In the case of a specialized program,
staffing requirements outlined in the contractual agreement for specialized
services must be implemented and maintained at all times;
(c) Class I and Class II SRTFs must ensure
staffing levels meet the requirements set forth in chapter 309, divisions 32
and 33 as applicable; and
(d)
Program and direct care staff on night duty must be awake, dressed, observant
of program operations, and accessible to residents at all times.
Notes
Statutory/Other Authority: ORS 413.042 & 443.450
Statutes/Other Implemented: ORS 413.032, 443.400 - 443.465 & 443.991
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