3701-84-08. General personnel and staffing requirements

(A) Each provider of a HCS shall, based on the services provided and the number of patients served, maintain a sufficient number of qualified staff members and other personnel and an appropriate schedule of staff time to meet the needs of its patients in a timely manner. Each provider of a HCS shall be responsible for the care provided by the staff and personnel of that HCS.

(B) Each provider of a HCS shall utilize personnel to provide services who have appropriate training and qualifications for the services that they provide.

(1) Any staff member who functions in a professional capacity shall meet the standards applicable to that profession, including but not limited to, possessing a current Ohio license, registration, or certification, if required by law, and working within their scope of practice ; and

(2) The provider of a HCS shall have an established system of records necessary for the director to ascertain that all individuals employed at the HCF who function in a professional capacity meet the standards applicable to that profession, including, but not limited, possessing a current Ohio license, registration, or other certification, if required by law.

(C) Each provider of a HCS shall have a medical director for the HCS. In lieu of the board certification requirements specified in this chapter, a physician who is board certified by a foreign board and is eligible to take the examination of an American board of medical specialties recognized board or an American osteopathic association board may serve as medical director of an HCS.

(D) The owner, administrator, and the medical director of a HCS shall be competent to perform the applicable job responsibilities and be suitable to own, operate, or direct a HCS.

(E) Each HCS shall develop and follow a tuberculosis control plan that is based on the provider's assessment of the HCS. The control and assessment shall be consistent with the United States centers for disease control and prevention (CDC) "Guidelines for Preventing the Transmission of Mycobacterium tuberculosis in Health Care Settings, 2005," MMWR 2005, Volume 54, No. RR-17. The HCS shall retain documentation evidencing compliance with this paragraph and shall furnish such documentation to the director upon request.

(F) Each provider of a HCS shall not knowingly permit a staff member to provide services if the staff member:

(1) Has a disease capable of being transmitted during the performance of his or her duties;

(2) Is under the influence of drugs or alcohol; or

(3) After training and orientation by the provider of the HCS, has not demonstrated sufficient knowledge or expertise for the responsibilities of the position.

(G) Each provider of a HCS shall provide each staff member with a written job description delineating his or her responsibilities.

(H) Each provider of a HCS shall provide an ongoing training program for all staff that includes both an orientation and continuing training.

(1) The orientation shall be appropriate to the tasks that each staff member will be expected to perform; and

(2) Continuing training shall be designed to assure appropriate skill levels are maintained and that staff are informed of changes in techniques, philosophies, goals, and similar matters. The continuing training may include attending and participating in professional meetings and seminars and shall include information specific to the appropriate HCS.

(I) All staff shall have appropriate orientation and training regarding the HCS's equipment, safety guidelines, practices, and policies.

(J) Each provider of a HCS shall develop and implement an ongoing process for ensuring the competence of staff members. This process shall include:

(1) A periodic assessment and re-determination of necessary skill levels identified for the staff member's position; and

(2) At least every thirty-six months, a performance evaluation stating whether each staff member has achieved the skill levels identified for the staff member's position.

(K) Each provider of a HCS shall retain staffing schedules, time-worked schedules, on-call schedules, and payroll records for at least two years.

Effective: 8/1/2017
Five Year Review (FYR) Dates: 02/27/2017 and 03/01/2022
Promulgated Under: 119.03
Statutory Authority: 3702.11, 3702.13
Rule Amplifies: 3702.12, 3702.13 , 3702.14, 3702.141, 3702.15, 3702.16, 3702.18, 3702.19, 3702.20
Prior Effective Dates: 3/1/1997, 3/24/03, 12/1/06, 6/1/07, 6/21/12