Section 22-B3907. PERSONNEL

 

3907.1Each home care agency shall have written personnel policies that shall be available to each staff member and shall include the following:

 

(a)The terms and conditions of employment, including but not limited to wage scales, hours of work, personal and medical leave, insurance, and benefits;

 

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

 

(c)Provisions pertaining to probationary periods, promotions, disciplinary actions, termination and grievance procedures;

 

(d)A position description for each category of employee; and

 

(e)Provisions for orientation, periodic training or continuing education, and periodic competency evaluation.

 

3907.2Each home care agency shall maintain accurate personnel records, which shall include the following information:

 

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

 

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

 

(c)Resume of education, training certificates, skills checklist, and prior employment, and evidence of attendance at orientation and in-service training, workshops or seminars;

 

(d)Documentation of current CPR certification, if required;

 

(e)Health certification as required by section 3907.6;

 

(f)Verification of previous employment;

 

(g)Documentation of reference checks;

 

(h)Copies of completed annual evaluations;

 

(i)Documentation of any required criminal background check;

 

(j)Documentation of all personnel actions;

 

(k)A position description;

 

(l)Results of any competency testing;

 

(m)Documentation of acceptance or declination of the Hepatitis Vaccine; and

 

(n)Documentation of liability insurance, if applicable.

 

3907.3Each home care agency shall comply with the Health-Care Facility Unlicensed Personnel Criminal Background Check Act of 1998, effective April 20, 1999, D.C. Law 12-238, and subsequent amendments thereto, D.C. Official Code § 44-551 et seq.

 

3907.4Each home care agency shall maintain its personnel records for all personnel serving patients within the District of Columbia in its operating office within the District of Columbia, or shall produce these records for inspection within twenty- four (24) hours, or within a shorter reasonable time if specified, upon the request of the Department of Health.

 

3907.5Each employee shall have a right to review his or her personnel records.

 

3907.6At the time of initial employment of each employee, the home care agency shall verify that the employee, within the six months immediately preceding the date of hire, has been screened for and is free of communicable disease.

 

3907.7Each employee shall be screened for communicable disease annually, according to the guidelines issued by the federal Centers for Disease Control, and shall be certified free of communicable disease.

 

3907.8No employee may provide home care services, and no agency may knowingly permit an employee to provide home care services, if the employee:

 

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

 

(b)Has a communicable disease which poses a confirmed health risk to patients.

 

3907.9Each employee who is required to be licensed, certified or registered to provide services shall be licensed, certified or registered under the laws and rules of the District of Columbia.

 

3907.10Each home care agency shall document the professional qualifications of each employee or provider to ensure that the applicable licenses, certifications, accreditations or registrations are valid.

 

3907.11Each home care agency shall ensure that each employee or contract worker shall present a valid agency identification prior to entering the home of a patient.

 

source

Final Rulemaking published at 51 DCR 2876 (March 19, 2004).