Utah Admin. Code R432-150-22 - Food Services

(1) The licensee shall provide each resident with a safe, palatable, well-balanced diet that meets the daily nutritional and special dietary needs of each resident.
(2) The licensee shall employ enough staff to assist residents to meet their dietary needs.
(3) For food services and practices, the licensee shall ensure:
(a) there is a dietitian employed either full-time, part-time, or on a consultant basis to perform the duties outlined in this section;
(b) the dietitian is certified in accordance with Title 58, Chapter 49, Dietitian Certification Act;
(c) if a dietitian is not employed full-time, the administrator designates a full-time person to serve as the dietetic supervisor;
(d) if the dietetic supervisor is not a certified dietitian, the dietetic supervisor consults a certified dietitian at least monthly, according to the needs of each resident and documents the consultations; and
(e) the dietetic supervisor is available when the consulting dietitian visits the facility.
(4) The licensee shall develop menus that meet the nutritional needs of each resident to the extent medically possible and ensure the menus are:
(a) approved and signed by a certified dietitian;
(b) cycled no less that every three weeks;
(c) different each day;
(d) followed;
(e) posted each day of the week; and
(f) prepared in advance.
(5) The licensee shall keep documentation for at least three months for any served substitutions to the menu.
(6) The licensee shall ensure any food sanitation inspection reports of state or local health department inspections are available for OL review.
(7) The licensee shall ensure the attending physician or qualified registered dietitian in consultation with the physician, orders each therapeutic diet in writing, if allowed by facility policy.
(8) The licensee shall ensure there is no more than a 14-hour interval between the evening meal and breakfast, unless a substantial snack is served in the evening.
(9) The licensee shall provide special eating equipment and assistive devices for each resident who needs them.
(10) The licensee shall ensure the facility's food service complies with Rule R392-100.
(11) The licensee shall ensure a one-week supply of nonperishable staple foods and a three-day supply of perishable foods are maintained to complete the established menu for three meals a day, per resident.
(12) A nursing care licensee may use trained dining assistants to aid a resident in eating and drinking if:
(a) a licensed practical nurse-geriatric care manager, registered nurse, advance practice registered nurse, speech pathologist, occupational therapist, or dietitian has assessed that the resident does not have complicated feeding problems, including recurrent lung aspirations, behaviors that interfere with eating, difficulty swallowing, or tube or parenteral feeding; and
(b) the service plan or plan of care documents that the resident needs assistance with eating and drinking and defines who is qualified to offer the assistance.
(13) If the nursing care facility uses a dining assistant, the licensee shall ensure that the dining assistant:
(a) has completed a background screening pursuant to Rule R432-35;
(b) has completed a training course from an OL-approved training program; and
(c) performs duties only for a resident who does not have complicated feeding problems.
(14) A long term care licensee shall submit the following to OL to become an approved training program:
(a) a copy of the curriculum to be implemented that meets the requirements of Subsection (13); and
(b) the names and credentials of the trainers.
(15) The long term care licensee shall ensure a dietitian training program is approved by OL if it includes:
(a) appropriate response to resident behaviors;
(b) assistance with eating and drinking;
(c) communication and interpersonal skills;
(d) documentation of type and amount of food and hydration intake;
(e) eight hours of instruction for the dining assistant and one hour of observation by the trainer to ensure competency;
(f) feeding techniques;
(g) infection control;
(h) recognizing resident changes inconsistent with their normal behavior and the importance in reporting those changes to the supervisory nurse;
(i) resident rights;
(j) safety and emergency procedures including the Heimlich maneuver;
(k) special diets; and
(l) use of adaptive equipment.
(16) The licensee shall issue a training certificate of completion and maintain a list of the dining assistants that identifies:
(a) each dining assistant's name and address;
(b) the telephone number where the licensee may verify the training; and
(c) the training program provider.
(17) To provide dining assistant training in an OL-approved training program, the licensee shall ensure a trainer holds a current valid license to practice as:
(a) a registered dietitian, pursuant to Title 58, Chapter 49, Dietitian Certification Act;
(b) a registered nurse, advanced practice registered nurse, or licensed practical nurse-geriatric care manager pursuant to Title 58, Chapter 31b, Nurse Practice Act;
(c) a speech-language pathologist, pursuant to Title 58, Chapter 41, Speech-Language Pathology and Audiology Licensing Act; or
(d) an occupational therapist, pursuant to Title 58, Chapter 42a, Occupational Therapy Practice Act.
(18) The licensee may suspend a training program if the program's courses do not meet the requirements of this rule.
(19) The licensee may suspend a training program operated by a nursing care facility if:
(a) a federal or state survey reveals failure to comply with regulations or rules regarding feeding or dining assistant programs;
(b) OL determines that the licensee is in continuous or chronic noncompliance under rule or that the licensee has provided sub-standard quality of care under regulation;
(c) OL sanctions the facility for any reason; or
(d) the licensee fails to provide sufficient, competent staff to respond to emergencies.

Notes

Utah Admin. Code R432-150-22
Amended by Utah State Bulletin Number 2017-12, effective 5/16/2017 Amended by Utah State Bulletin Number 2017-21, effective 10/6/2017 Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023 Amended by Utah State Bulletin Number 2025-05, effective 2/18/2025

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