048-12 Wyo. Code R. §§ 12-6 - Personnel and Staffing Requirements

(a) Management. If the assisted living facility has a governing body, it must designate a manager. If there is no governing body, the owner shall appoint a manager.

(i) The Manager shall:

(A) Be at least twenty-one (21) years of age;

(B) Assume the overall responsibility for the day-to-day operation of the facility;

(C) Direct the work of others, including the training and development of staff;

(D) Be able to read, write, and speak English;

(E) Maintain financial and other records;

(F) Have a telephone with a listed number in the phone directory under the name of the assisted living facility;

(G) Be familiar with and follow the State's promulgated Assisted Living Facility Licensure and Program Administration Rules;

(H) Pass an open book test on the same. The open book test shall be administered by the Program Division. The passing score will be 85% or greater. Those individuals who successfully completed the examination administered by the Licensing Division shall have their test scores honored;

(I) The manager shall provide an acceptable plan of correction to the Licensing Division within ten (10) days of the date when a statement of deficiencies is received by the assisted living facility;

(J) The manager shall not act as, or become the legal guardian or conservator of, or have power of attorney for any resident of the facility; and

(K) The manager shall meet one or more of the following requirements:

(I) The manager shall have completed at least forty-eight (48) semester hours or seventy-two (72) quarter hours of post-secondary education in healthcare, elderly care, health case management, facility management, or other related field from an accredited college or institution; or

(II) Have completed at least two (2) years' experience working with elderly or disabled individuals. This experience may have been paid, full-time employment, or time equivalent in part-time employment or volunteer work that is directly involved with the elderly or disabled.

(b) Staffing.

(i) The staffing level shall be sufficient to meet the needs of all residents of the facility, and insure the appropriate level of care is provided.

(ii) There shall be personnel on duty to maintain order, safety, and cleanliness of the premises, to prepare and serve meals, to keep an adequate supply of clean linens, to assist the residents in personal needs and recreational activities, and to meet the other operational needs of the facility.

(iii) The assisted living facility shall not employ an individual as a nurse assistant who is not currently certified by the Wyoming State Board of Nursing. Certification must be verified by the manager of the assisted living facility.

(iv) There shall be at least one (1) RN, LPN or CNA on duty every shift. There shall be at least one (1) person on duty and awake at all times.

(v) If the assisted living facility does not employ an RN, the facility shall Contract with an RN to provide the initial assessment, periodic reviews, assistance plans, as well as the periodic updates of resident assessment, reviews, assistance plans, and medication management.

(c) Background checks. All staff of the assisted living facility shall successfully complete, at a minimum, a State of Wyoming Division of Criminal Investigation (DCI) fingerprint background check and a Department of Family Services Central Registry Screening before direct resident contact.

(d) Infection Control. Written policies must be in effect to ensure that newly hired and current employees do not spread a communicable disease that could be transmitted through usual job duties. These written policies must, at a minimum:

(i) Ensure a safe and sanitary environment for residents and personnel;

(ii) Require tuberculin testing, or screening as appropriate; and

(iii) Prohibit any person with an airborne, contagious, or infectious disease from being employed until a work release is obtained.

(A) The facility shall prohibit employees with a communicable disease or infected skin lesions from direct contact with residents and their food, if direct contact will transmit a disease.

(B) The facility shall require staff to follow universal precautions when performing direct resident care.

(e) Personnel Policies and Records.

(i) Management shall provide new employee orientation and education regarding resident rights, evacuation, and emergency procedures, as well as training and supervision designed to improve resident care.

(ii) A record for the manager and each employee shall be maintained and contain at a minimum, the following information:

(A) Name, current address and telephone number;

(B) Social Security Number;

(C) Education;

(D) Work experience, documentation of reference checks;

(E) Date of employment;

(F) Position in the assisted living facility (job description);

(G) Documentation of tuberculin testing;

(H) Orientation checklist;

(I) I-9, (Employment Eligibility Verification);

(J) W-4, (Employee's Withholding Allowance Certificate);

(K) Licensure, Certification, or Credentials; (e.g., RN, LPN, CNA, etc.); and

(L) Documentation of all completed background and Central Registry background check with no offenses.

Notes

048-12 Wyo. Code R. §§ 12-6

Amended, Eff. 8/24/2020.