(a)  All facilities shall have a written job description for the director and each staff position which:

(1)           specifies the minimum level of education, competency, work experience and other qualifications for the position;

(2)           specifies the duties and responsibilities of the position;

(3)           is signed by the staff member and the supervisor; and

(4)           is retained in the staff member's file.

(b)  All facilities shall ensure that the director, each staff member or any other person who provides care or services to clients on behalf of the facility:

(1)           is at least 18 years of age;

(2)           is able to read, write, understand and follow directions;

(3)           meets the minimum level of education, competency, work experience, skills and other qualifications for the position; and

(4)           has no substantiated findings of abuse or neglect listed on the North Carolina Health Care Personnel Registry.

(c)  All facilities or services shall require that all applicants for employment disclose any criminal conviction.  The impact of this information on a decision regarding employment shall be based upon the offense in relationship to the job for which the applicant is applying.

(d)  Staff of a facility or a service shall be currently licensed, registered or certified in accordance with applicable state laws for the services provided.

(e)  A file shall be maintained for each individual employee indicating the training, experience and other qualifications for the position, including verification of licensure, registration or certification.

(f)  Continuing education shall be documented.

(g)  Employee training programs shall be provided and, at a minimum, shall consist of the following:

(1)           general organizational orientation;

(2)           training on client rights and confidentiality as delineated in 10A NCAC 27C, 27D, 27E, 27F and 10A NCAC 26B;

(3)           training to meet the mh/dd/sa needs of the client as specified in the treatment/habilitation plan; and

(4)           training in infectious diseases and bloodborne pathogens.

(h) Except as permitted under 10a NCAC 27G .5602(b) of this Subchapter, at least one staff member shall be available in the facility at all times when a client is present.  That staff member shall be trained in basic first aid including seizure management, currently trained to provide cardiopulmonary resuscitation and trained in the Heimlich maneuver or other first aid techniques such as those provided by Red Cross, the American Heart Association or their equivalence for relieving airway obstruction.

(i)  The governing body shall develop and implement policies and procedures for identifying, reporting, investigating and controlling infectious and communicable diseases of personnel and clients.


History Note:        Authority G.S. 122C-26;

Eff. May 1, 1996;

Temporary Amendment Eff. January 3, 2001;

Temporary Amendment Expired October 13, 2001;

Temporary Amendment Eff. November 1, 2001;

Amended Eff. April 1, 2003.