Section 22-B4904. PERSONNEL

 

4904.1All nursing personnel and health aides, as defined in the Act and in these rules, must be employees of the nurse staffing agency.

 

4904.2All nursing personnel and health aides, as defined in the Act and in these rules, must be evaluated by and must report to a Registered Nurse licensed in the District of Columbia who is a full-time employee of the nurse staffing agency. Each nurse staffing agency must have at least one supervisory employee, qualified as described herein, accessible by and available to the agency and to its staff at all times.

 

4904.3Each nurse staffing agency must have written personnel policies, that are available to each employee and staff member, and that include the following:

 

(a)Terms of employment or contract, including wage scale, hours of work, vacation, sick leave, insurance, and other benefits, if any;

 

(b)Provisions for monitoring and evaluating each employee's or staff member'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 staff member; and

 

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

 

4904.4Each nurse staffing agency must maintain accurate personnel records, which shall include the following information for each employee and staff member:

 

(a)Name, address and social security number:

 

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

 

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

 

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

 

(e)Verification of previous employment;

 

(f)Documentation of reference checks;

 

(g)Documentation of any required criminal background check as provided in section 15(j) of the Act;

 

(i)Results of all competency testing;

 

(j)A position description;

 

(k)Copies of completed performance evaluations;

 

(l)Documentation of all disciplinary actions, if any;

 

(m)Health certification as required by section 4904.7 or 4904.8;

 

(m)Documentation of acceptance or declination of immunizations; and

 

(n)Documentation of drug testing, as required by clients.

 

4904.5Each nurse staffing agency must maintain its personnel records for all nursing personnel and health aides rendering services within the District of Columbia, and for all staff members performing duties ancillary to nursing services rendered within the District of Columbia, in its District of Columbia operations headquarters.

 

4904.6Each employee and staff member must have the right to review his or her personnel records.

 

4904.7At the time of initial employment of each employee or staff member for whom it is reasonably foreseeable that he or she will come into contact with one or more patients, the nurse staffing agency must verify that the employee or staff member has been screened for communicable disease within the previous twelve (12) months, or according to superseding time guidelines issued by the federal Centers for Disease Control and Prevention, and that the employee or staff member is certified to be free of communicable disease.

 

4904.8Each employee or staff member for whom it is reasonably foreseeable that he or she will come into contact with one or more patients must be screened at least annually for communicable disease, according to the guidelines issued by the federal Centers for Disease Control and Prevention, and must be certified to be free of communicable disease.

 

4904.9No employee may provide nursing or health aide services, and no nurse staffing agency may knowingly permit an employee to provide such services, if the employee:

 

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

 

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

 

source

Final Rulemaking published at 51 DCR 10633 (November 19, 2004); as amended by Emergency and Proposed Rulemaking published at 52 DCR 6232 (July 1, 2005) [EXPIRED]; as amended by Final Rulemaking published at 52 DCR 7824 (August 12, 2005).