Lawriter - OAC - 5122-30-20 Qualifications of operator and staff.

5122-30-20 Qualifications of operator and staff.

(A) Each person shall:

(1) Be at least eighteen years of age;

(2) Demonstrate adequate communication skills to perform duties and responsibilities associated with the facility in meeting the needs of the resident(s);

(3) Be able to perform required responsibilities and duties. If there is reason to doubt a staff person's ability to carry out responsibilities and duties in the facility for health reasons, the department may require the operator to obtain a physician's statement assuring that the staff member is able to perform theirrequired responsibilities and duties; and

(4) Test negative for tuberculosis within one year prior to employment. Testing shall be repeated anytime there has been a likelihood of exposure.Evidence of such examination shall be kept in facility records.

(B) All staff providing assistance with self-administration of medication shall be trained according to requirements of paragraph (C) of this rule and shall also receive training from a registered nurse, physician, or other department approved entity regarding:

(1) The proper usage of medications, effects, and side effects. This shall include all medication (psychotropic and otherwise) used by residents in the facility;

(2) Identification of medication by type and dosage; and

(3) Safe procedures to assist in self-administration of medication in accordance with the requirements of rule 5122-30-28 of the Administrative Code.

(C) Each direct care staff person shall have completed training in:

(1) The provision of life-safety measures, including:

(a) In-person training for:

(i) Standard first aid , or an appropriate equivalent that includes emergency management of physical injuries, respiratory distress; and,

(ii) CPR .

Online training shall not be accepted for this paragraph.

(b) Fire and other disaster procedures; and

(c) Securing medical and psychiatric emergency assistance.

(2) Resident rights and grievance procedures.

(3) Provisions of state law concerning the reporting of abuse or neglect, including but not limited to, children and the elderly.

(D) Each staff person shall have written evidence of successfully completed prior training, or shall successfully complete training described in paragraph (C) of this rule, within thirty days of employment. Untrained staff who are within the first thirty days of employment or who have not completed all training shall work with trained staff.

(E) Renewal of training shall be consistent with time frames established by entities providing the training, such as an approved CPR course, or, in the absence of established time-frames for renewal, annually, and shall be consistent with changes or advances made in a given area of training, such as changes in provisions of law concerning abuse and neglect reporting. Documentation of training shall be maintained in the personnel record.

(F) All staff shall complete at least six hours of continuing education relevant to resident care during each licensure period. Training taken to fulfill the requirements of paragraph (G) or (H) of this rule can also be used to meet the requirements of this paragraph.

(G) All staff who provide personal care services, prior to providing personal care services, shall complete training or continuing education, and provide documentation to the facility of such, that covers the correct techniques of providing personal care services to others.

(H) In addition to meeting the qualification requirements of this rule, each facility which accepts residents diagnosed with mental illness or substance use disorder shall ensure that the following training and continuing education requirements are met:

(1) Prior to the admission of the first resident diagnosed with mental illness or a substance use disorder, the manager and each staff member providing direct care services in a class one facility, and the manager and each staff of a class two or class three facility, shall complete a general orientation in caring for persons diagnosed with mental illness or substance use disorder, and instruction on how to access local mental health crisis or emergency services. Thereafter, a new manager or a new staff shall receive such training prior to working alone with residents or within thirty days of hire, whichever comes first.

(2) The manager and each staff member providing personal care services shall over each twelve month period from date of hire or initial licensing of the facility receive a minimum of six hours of training in topics relevant to persons diagnosed with mental illness or substance use disorder who are residing in the facility.

The training required by this paragraph may be provided by physicians, registered nurses, social workers, psychologists, and counselors licensed under the applicable chapter of Title 47 of the Revised Code, mental health-related organizations, accredited learning institutions, appropriate governmental entities, or other authorities recognized by the director as qualified to provide this training. In addition to classroom instruction, training may be provided through other means as appropriate for the purposes of this rule subject to the approval of the director.

Effective: 1/1/2018
Five Year Review (FYR) Dates: 1/20/2017 and 01/01/2023
Promulgated Under: 119.03
Statutory Authority: 5119.34
Rule Amplifies: 5119.34
Prior Effective Dates: 5-10-1979, 5-1-1981, 1-1-2000, 8-1-2002