Or. Admin. Code § 411-086-0310 - Employee Orientation and In-Service Training
(1) Orientation. The nursing facility shall
ensure that each employee, temporary employee, and volunteer completes an
orientation program sufficient to ensure that the safety and comfort of all
residents is assured in accordance with facility policies (OAR
411-085-0210). Orientation to
each task must be completed prior to the employee or volunteer performing such
task independently. Orientation for nursing staff and nursing assistants in
training shall be supervised by a registered nurse. The orientation shall
include:
(a) Explanation of facility
organizational structure;
(b)
Philosophy of care of the facility, including purpose of nursing facility
requirements as defined in these administrative rules;
(c) Description of resident
population;
(d) Employee
rules;
(e) Facility policy and
procedures; and
(f) RESIDENTS'
RIGHTS. Residents' rights and the values of nursing facility care, including
the Department-approved LGBTQIA2S+ trainings.
(A) Effective December 31, 2024, all facility
staff must have completed the required training. All new facility staff, hired
on or after January 1, 2025, must complete the required training prior to
beginning job responsibilities.
(B)
The Department-approved LGBTQIA2S+ trainings shall address the elements
described in paragraph (3)(d) of this rule
(2) Inservice. The Administrator or his/her
designee shall coordinate all inservice training. Inservice training shall be
designed to meet the needs of all facility staff in accordance with facility
policy (OAR 411-085-0210). Each certified
nursing assistant shall receive a minimum of three hours of in-service training
each calendar quarter. Each calendar year the Inservice training agenda shall
include at least the following:
(a) Resident
rights, including, but not limited to, those rights included in ORS
441.600-441.625;
(b) Rules and statutes pertaining to abuse,
including, but not limited to, ORS
441.630-441.675;
(c) The transfer/discharge rules, including,
but not limited to, the obligations of facility personnel to forward requests
for conferences and hearings to the appropriate authorities;
(d) Measures to prevent cross-contamination,
including universal precautions;
(e) Oral care, including oral screenings
(required for nursing staff only);
(f) Emergency procedures, including, but not
limited to, the disaster plan;
(g)
Procedures for life-threatening situations, including, but not limited to,
cardiopulmonary resuscitation and the life-saving techniques for choking
victims (including abdominal thrust and chest thrust);
(h) Application and use of physical
restraints (required for nursing staff only);
(i) Procedures to prevent residents from
wandering away from the facility and how to deal with the wandering
resident;
(j) Restorative services,
including benefits thereof (required for nursing staff only);
(k) Activity program, including benefits
thereof;
(l) The social services
program, including benefits thereof;
(m) Accident prevention;
(n) Alzheimer's disease and other dementias,
including recognition of symptoms, treatments, and behavioral management;
and
(o) Other special needs of the
facility population.
(3)
Biennial LGBTQIA2S+ training requires the following:
(a) Administrators and employees shall be
required to complete biennial training addressing LGBTQIA2S+ protections, as
described in this section. The facility is responsible for the cost of
providing this training to all facility staff.
(A) Each facility shall designate two
employees, one who represents management and one who represents direct care
staff by July 1, 2024. It is acceptable for the designated employee
representing management to generally be housed offsite, but the direct care
representative must be onsite.
(B)
The designated employees shall serve as points of contact for the facility
regarding compliance with the biennial training requirements. These individuals
shall develop a general training plan for the facility.
(b) Facilities must select the LGBTQIA2S+
training to be used by the facility by either:
(A) Choosing to use the standard
Department-approved biennial LGBTQIA2S+ training, or
(B) Applying to the Department to request
approval of a biennial LGBTQIA2S+ training to be developed and provided by the
facility.
(c) ORS
441.116 requires all LGBTQIA2S+
trainings address:
(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 at care facilities and the demonstrated physical and mental
health effects within the LGBTQIA2S+ 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 facility,
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.
(d) The proposal for training submitted by a
facility, individual or entity shall include:
(A) The regulatory criteria described in
paragraph (c) of this section as part of the proposal.
(B) The following elements must be included
in the proposal:
(i) A statement of the
qualifications and training experience of the facility, 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 facility in
writing of the Department's decision.
(4) Contractors who provide services or
supports directly to residents must complete the required LGBTQIA2S+ trainings
outlined in paragraph (3)(c) of this rule.
(a)
Contractors who must be trained include, but are not limited to, RN and
administrative consultants, housekeeping services, dietary services,
beauticians, barbers, or other contractors who provide services or supports
directly to residents.
(b) Exempt
from this training requirement are contractors who contract directly with the
resident or the resident's representative, and contractors who do not generally
provide services or supports directly to residents, including but not limited
to contractors for landscaping, pest control, deliveries and building
repairs.
(c) By December 31, 2024,
facilities shall ensure that all contracts entered into with entities described
in paragraph (a) of this section shall include language requiring contractors
provide Department-approved LGBTQIA2S+ training to their employees within 12
months of entering into the contract with the facility and every two years
thereafter.
(d) For existing
contracts in effect January 1, 2025, facilities shall require contractors to
provide Department-approved LGBTQIA2S+ training to employees by December 31,
2025, and every two years thereafter.
(e) For new contracts created after January
1, 2025, facilities shall require contractors to provide the
Department-approved LGBTQIA2S+ training to employees within 12 months of
entering into the contract with the facility, and every two years
thereafter.
(f) Facilities must
inform contractors the cost of all LGBTQIA2S+ trainings for contracted
employees shall be paid by the contractor.
(5) Documentation. Inservice training,
Biennial LGBTQIA2S+ training and orientation shall be documented and shall
include the date, content, and names of attendees.
Notes
Statutory/Other Authority: ORS 410.070, 410.090, 441.055 & 441.122
Statutes/Other Implemented: ORS 441.055, 441.116, 441.118 & 441.615
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