Section 22-B3819. PERSONNEL

 

3819.1No person who is known to have abused or mistreated any person shall provide services, either as an employee or volunteer, or own or operate a MHCRF.

 

3819.2Each MHCRF shall have written personnel policies which shall be available to each staff member and shall include the following:

 

(a)The wage scales, hours of work, vacations, sick leave, insurance, and other benefits if any;

 

(b)Provisions for an annual evaluation of each employee's performance by appropriate supervisors;

 

(c)Position descriptions for each category of employee; and

 

(d)Provisions for orientation and annual in-service training of staff.

 

3819.3At the time of initial employment, and at least annually thereafter, or as necessary, each person employed in a MHCRF shall have a physical examination completed by a physician. The results of the physical examination shall be used to secure the appropriate screening and immunizations prescribed by the Department of Human Services' Commission of Public Health prior to and during employment.

 

3819.4Each MHCRF shall maintain accurate personnel records, which shall include the following information:

 

(a)Name, address, sex and social security number of employee;

 

(b)Current professional license or registration number, if any;

 

(c)Resume of education, training, prior employment, evidence of attendance at orientation, training, workshops and seminars sponsored by CMHS;

 

(d)Current health certification, including results of annual intradermal tuberculin skin test or chest x-ray indicating no active TB;

 

(e)Verification of previous employment, if any, before hiring;

 

(f)Copies of annual evaluations;

 

(g)Documentation of conviction record;

 

(h)Certification in emergency first aid, CPR and the Heimlich Maneuver; and

 

(i)Position description.

 

3819.5A MHCRF shall make reasonable efforts to ensure that a person known to have previously abused or mistreated any person does not provide services in a residence.

 

3819.6No employee or volunteer may provide direct services to residents if that person:

 

(a)Is under the influence of alcohol or any mind-altering drug or combination thereof; or

 

(b)Has a communicable disease which poses a legitimate and real health risk to residents which cannot be safely addressed by reasonable accommodations.

 

3819.7Each person who requires licensure, certification or registration to provide care to residents shall be licensed, certified, or registered under the laws and regulations of the District of Columbia.

 

3819.8Each employee shall be assigned duties consistent with his or her license, job description, training, and experience.

 

3819.9The provisions of §3819.4 shall apply to paid staff but not to volunteers.

 

3819.10The Residence Director shall be responsible for ensuring that any person working in the residence in a direct service capacity to the client as an employee, under contract or as a volunteer; receives job-related training which includes, at a minimum, the following:

 

(a)Emergency first-aid, including CPR and the Heimlich maneuver;

 

(b)Emergency evacuation procedures;

 

(c)Medical and social needs and characteristics of the resident population;

 

(d)Residents' rights and responsibilities; and

 

(e)DHS scheduled training.

 

3819.11A MHCRF shall do the following for each volunteer who works in a MHCRF:

 

(a)Screen each volunteer to ensure that he or she is competent for the duties or services he or she is to provide and holds a professional license or certificate, when required, for any professional service he or she is to provide;

 

(b)Provide orientation and regular training for the services to be provided;

 

(c)Ensure that each volunteer engaged in direct services does not have any health or medical problems that would pose an undue risk to residents;

 

(d)Ensure that no volunteer has been assessed as having the potential for or history of physical or mental abuse toward residents;

 

(e)Maintain a simple record to document its compliance with the requirements of §§3819.11 (a) to (d);

 

(f)Train the volunteer regarding residents' rights and responsibilities; and

 

(g)Ensure that volunteers shall not be used as a substitute for facility staff.

 

source

Final Rulemaking published at 42 DCR 569, 587 (January 27, 1995).