Utah Admin. Code R432-150-9 - Staff and Personnel

(1) The administrator shall employ personnel who are able and competent to perform their respective duties, services, and functions.

(2) The administrator shall ensure the administrator, director of nursing or health services supervisor, and facility supervisors develop job descriptions for each position, including:

(a) a job summary;

(b) a job title;

(c) any required qualifications;

(d) any required skills and licenses;

(e) responsibilities of the position; and

(f) the position's physical requirements.

(3) The licensee shall monitor staff to ensure compliance with each applicable rule under Title R432.

(4) The licensee shall ensure each employee has access to facility policy and procedure manuals and other information necessary to effectively perform duties and carry out responsibilities.

(5) The licensee shall ensure each employee is licensed, certified, or registered as required by the Utah Department of Commerce, and a copy of the license, certification, or registration is maintained for OL review.

(6) The licensee shall:

(a) complete a health evaluation for each employee upon hire that includes the employee's history of the following:

(i) any condition that may prevent the employee from performing certain assigned duties satisfactorily; and

(ii) any condition that predisposes the employee to acquiring or transmitting infectious diseases;

(b) conduct regular performance reviews and regular in-service education to ensure that individuals used as nurse aides are competent to perform services as nurse aides;

(c) develop and ensure adherence to a policy that prohibits employees from deactivating, repositioning, or otherwise interfering with the operation of a monitoring device in a secure memory care patient's room;

(d) ensure a health screening and immunization component is included in the employee's personnel health program, outlined in Subsection (j);

(e) ensure any infections and communicable diseases reportable by law are reported to the local health department in accordance with Section R386-702-3;

(f) ensure any person who provides nursing care, including any nurse aide or orderly, works under the supervision of a registered nurse or licensed practical nurse and demonstrates competency and dependability in resident care;

(g) ensure employee skin testing by the Mantoux method or other FDA approved in vitro serologic test and follow up for tuberculosis is done in accordance with Rule R388-804 and each employee is skin-tested for tuberculosis within two weeks of:

(i) development of symptoms of tuberculosis;

(ii) initial hiring; and

(iii) suspected exposure to a person with active tuberculosis;

(h) ensure infection control includes staff immunization as necessary to prevent the spread of disease;

(i) ensure staff are available on each shift, who are CPR certified, trained in emergency procedures and basic first aid, including the Heimlich maneuver;

(j) establish a personnel health program through written personnel health policies and procedures;

(k) exempt skin testing for each employee with a known positive reaction to skin tests;

(l) maintain staffing records, including employee performance evaluations, for the preceding 12 months;

(m) plan and document in-service training for each staff member and address the following topics annually:

(i) a basic understanding of the various types of mental illness, including symptoms, expected behaviors and intervention approaches;

(ii) accident prevention and safety procedures including instruction in body mechanics for any employees required to lift, turn, position, or ambulate a resident; and proper safety precautions when floors are wet or waxed;

(iii) confidentiality of resident information;

(iv) fire prevention;

(v) prevention and control of infections;

(vi) proper use and documentation of restraints;

(vii) resident rights;

(viii) review and drill of emergency procedures and evacuation plan; and

(ix) the reporting of resident abuse, neglect, or exploitation to the proper authorities;

(n) prohibit any person from working in the facility as a nurse aide for more than four months, on full-time, temporary, per diem, or other basis, unless that individual has successfully completed a state Department of Education-approved training and testing program;

(o) require a person to complete a new training and competency evaluation program if an individual has not performed paid nursing or nursing related services for a continuous period of 24 consecutive months since the most recent completion of a training and competency evaluation program; and

(p) verify through the nurse aid registry before offering employment that nurse aide applicants do not have a verified report of abuse, neglect, or exploitation, and if such a verified report exists, the licensee may not hire the applicant.

(7) The licensee may utilize volunteers in the daily activities of the licensee if volunteers are not included in the licensee's staffing plan in lieu of facility employees and the licensee ensures:

(a) each volunteer is supervised and familiar with resident rights and the licensee's policies and procedures; and

(b) each volunteer who provides personal care to a resident is screened according to facility policy and under the direct supervision of a qualified employee.

(8) The licensee shall ensure an employee who reports suspected abuse, neglect, or exploitation is not subject to retaliation, disciplinary action, or termination by the licensee for making the report.

Notes

Utah Admin. Code R432-150-9

Amended by Utah State Bulletin Number 2024-01, effective 12/12/2023 Amended by Utah State Bulletin Number 2025-05, effective 2/18/2025