Or. Admin. Code § 309-040-0335 - Training Requirements for Providers, Resident Managers, and Substitute Caregivers
(1) All
providers, resident managers, and substitute caregivers must satisfactorily
meet all educational requirements established by the Division. Providers and
staff may not provide care to any resident prior to acquiring education or
supervised training designed to impart the basic knowledge and skills necessary
to maintain the health, safety, and welfare of the resident. Required course
work and necessary skills may include, but are not limited to, physical
caregiving; screening for care and service needs; appropriate behavior towards
residents with physical, cognitive, and emotional disabilities; emergency
procedures; medication management; personal care products; food preparation;
home environment and safety procedures; residents' rights; issues related to
architectural accessibility; and mandatory abuse reporting.
(2) The provider, resident manager, and
substitute caregivers must be able to understand and communicate in oral and
written English in accordance with ORS
443.730.
(3) Training for all licensees, resident
managers, and substitute caregivers must comply with ORS
443.738. All providers must
satisfactorily pass any testing requirements established by the Division before
being licensed or becoming a resident manager or substitute caregiver. The test
must be completed by the licensee, resident managers, and substitute caregivers
without the help of any other person, and must be proctored by the CMHP. The
licensee, resident manager, and substitute caregiver must have the ability to,
but not be limited to, understand and respond appropriately to emergency
situations, changes in medical conditions, physicians' orders and professional
instructions, nutritional needs, and residents' preferences and
conflicts.
(4) The Division may
make exceptions to the training requirements for individuals who are
appropriately licensed medical care professionals in Oregon or who possess
sufficient education, training, or experience to warrant an exception. The
Division may not make any exceptions to the testing requirements.
(5) In accordance with ORS
443.738, the Division may permit
a person who has not completed the training or passed the required test to act
as a resident manager until the training and testing are completed or for 60
days, whichever is shorter, if the Division determines that an unexpected and
urgent staffing need exists. The licensee must notify the Division of the
situation and demonstrate that the licensee is unable to find a qualified
resident manager, that the individual meets the requirements for a substitute
caregiver for the AFH, and that the licensee must provide adequate
supervision.
(6) Prior to providing
care to any resident, the provider or resident manager must orient all
caregivers to the home and to the residents. Orientation includes, but is not
limited to:
(a) Location of all fire
extinguishers;
(b) Demonstration of
evacuation procedures;
(c)
Instruction of the Emergency Preparedness Plan;
(d) Location of and documentation within
resident records;
(e) Location of
phone numbers for telephone numbers of the local fire department, police
department, the poison control center, the provider, and the residents'
LMP;
(f) Location of medications,
proper medication administration and proper documentation in medication
administration records;
(g)
Introduction to each resident;
(h)
Review of care and services required for each resident; and
(i) Registered Nurse delegation necessary to
provide care and services to residents.
(7) The provider or resident manager must
maintain current documentation of the training, testing, and qualifications of
substitute caregivers including but not limited to:
(a) Documentation of an approved background
check in compliance with OAR
943-007-0001 through
0501;
(b) 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.
(c) Documentation that a substitute caregiver
has successfully completed the training required by the Division;
(d) Documentation that the provider has
trained the caregiver to meet the routine and emergency needs of the
residents;
(e) Documentation that
the provider has oriented the caregiver to the residents in the AFH, their care
needs and skills training, personal care plan, and the physical characteristics
of the AFH.
(8) A minimum
of twelve hours of training directly related to the care and services for
residents with mental illness is required annually. All providers, resident
managers, and substitute caregivers of an AFH must complete required training
and document the training in the provider, resident manager, and substitute
caregiver's training records. The training is in addition to any orientation
that is attended by applicants prior to licensing and must include, but is not
limited to:
(a) Understanding mental and
emotional conditions;
(b)
Understanding the mental health assessment and implementing the residential
care plan
(c) Medication
management;
(d) Cardiopulmonary
Resuscitation (CPR) which includes in-person competency check by a qualified
instructor, and First Aid;
(e)
Opioid overdose kits and administration of an FDA-approved short-acting,
non-injectable, opioid antagonist medication.
(f) Have a clear understanding of their job
responsibilities, have knowledge of the residents' residential care plans, and
the ability to provide the care specified for each resident;;
(g) Resident rights;
(h) Safety, emergency, and emergency
preparedness planning;
(i) Behavior
management including positive engagement, redirection, and de-escalation
techniques;
(j) Complaints,
grievances, incident and abuse reporting;
(k) Nutrition and food services;
and
(l) Other information relevant
to the job description and scheduled shifts.
(m) All caregivers, including licensees,
resident managers, and substitute caregivers 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.
(9) Providers, resident managers, and
substitute caregivers must complete the Authority approved LGBTQIA2S+ residents
and residents living with human immunodeficiency virus training as mandated by
ORS 441.111 to
441.122. The Authority approved
training shall address the elements described in
309-040-0335(11)(c)
of this rule. The following dates apply to the initial LGBTQIA2S+ residents and
residents living with human immunodeficiency virus trainings:
(a) Effective June 30, 2025, all staff must
have completed the required training.
(b) All new staff, hired on or after July 1,
2025, must complete the required training prior to beginning job
responsibilities.
(10)
Providers, resident managers, and caregivers are required to complete biennial
training addressing LGBTQIA2S+ residents and residents living with human
immunodeficiency virus protections, as described in this section. Providers are
responsible for the cost of providing this training to all staff.
(a) The provider or administrator must select
the LGBTQIA2S+ residents and residents living with human immunodeficiency virus
training to be used by the AFH by either:
(A)
Choosing to use the standard Department-approved biennial LGBTQIA2S+ residents
and residents living with human immunodeficiency virus training; or
(B) Applying to the Department to request
approval of a biennial LGBTQIA2S+ residents and residents living with human
immunodeficiency virus training to be developed and provided by the licensee or
administrator.
(b) ORS
441.116 requires all LGBTQIA2S+
residents and residents living with human immunodeficiency virus trainings
address:
(A) Caring for LGBTQIA2S+ residents
and residents living with human immunodeficiency virus; and
(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 at care facilities and the demonstrated physical and mental
health effects within the LGBTQIA2S+ residents and residents living with human
immunodeficiency virus community associated with such discrimination.
(F) Strategies to create a safe and affirming
environment for LGBTQIA2S+ residents and residents living with human
immunodeficiency virus, including suggested changes to care facility policies
and procedures, forms, signage, communication between residents and their
families, activities, in-house services and staff training.
(G) The individual or entity providing the
training must demonstrate a commitment to advancing quality care for LGBTQIA2S+
residents and residents living with human immunodeficiency virus in this
state.
(c) The proposal
for training submitted by a provider, administrator, entity, or individual
shall include:
(A) The regulatory criteria
described in section 309-040-0335(11)(c).
(B) The following elements must be included
in the proposal:
(i) A statement of the
qualifications and training experience of the individual or entity providing
the training.
(ii) The proposed
methodology for providing the training either online or in person.
(iii) An outline of the training.
(iv) Copies of the materials to be used in
the training.
(C) The
Department will review the materials and determine whether to approve or deny
the training. No later than 90 days after the request is received, the
Department will inform the licensee or administrator in writing of the
Department's decision.
(11) The Division may require a provider,
resident manager, or substitute caregiver to obtain additional training,
whether or not the twelve-hour annual training requirement has already been
met.
(12) Providers, resident
managers, or substitute caregivers who perform delegated or assigned nursing
care services as part of the residential care plan must receive training and
appropriate monitoring from a registered nurse on performance and delivery of
those services.
Notes
Statutory/Other Authority: ORS 413.042
Statutes/Other Implemented: ORS 443.705 - 443.825
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