HAR §11-98-11
HAR §11-98-11. Minimum standards for licensure; personnel
Cite as Haw. Code R. § 11-98-11
(a) An individual shall be designated as administrator who will be responsible for the overall operation
of the program and facility. During periods of absences of the administrator, a designated staff member
shall assume the responsibilities.
(b) An individual shall be designated as program director of the residential program.
(c) The administrator shall be responsible to provide staff in sufficient number and qualifications to meet
the needs of the residents and to carry out the program's services and activities adequately. A minimum
of one direct service staff to each eight residents is required. Whenever residents are in the facility, there
shall be a responsible, designated, person in charge.
(d) The administrator shall be responsible to produce written statements as to the education,
experience, and personal characteristics required to carry out adequately the assigned duties and
responsibilities of each position employed by or arranged for by the facility. These written statements
shall address the issue of demonstrated knowledge, skills, and attitudes regarding human relationships
by staff who have direct contact with residents.
(e) There shall be documented evidence that every employee has a preemployment and an annual
health evaluation by a physician. These evaluations shall be specifically oriented to deter mine the
presence of any infectious disease liable to harm a resident. Each health evaluation shall include a
tuberculin skin test or a chest x-ray.
(f) Skin lesions, respiratory tract symptoms, and diarrhea shall be considered presumptive evidence of
infectious disease. Any employee who develops evidence of an infection must be immediately excluded
from any duties relating to food handling or direct resident contact until such time as a physician certifies
it is safe for the employee to resume such duties.
(g) If the tuberculin skin test is positive, a standard chest x-ray with appropriate medical follow-up must
be obtained, as well as three subsequent yearly chest x-rays. Additional chest x-rays may be required
at the discretion of the director.
(h) If the tuberculin skin test is negative, a second tuberculin skin test must be done after one week, but
not later than three weeks after the first test. The results of the second test shall be considered the
baseline test and used to determine appropriate treatment end follow-up. That is, if the second skin test
is positive, then proceed, as above, with a chest x-ray which should be repeated as indicated in the
previous paragraph (g) . If the second skin test is negative, a single skin test shall be repeated yearly
until it becomes positive.
(i) When a known negative tuberculin skin test on a particular employee or resident converts to a
positive test, it shall be considered a new case of tuberculosis infection and shall be reported to the
department as required in chapter 11-164, relating to tuberculosis.
(j) The administrator shall arrange for clerical services to maintain records, correspondence,
bookkeeping and files current and in conformity with acceptable business practice.
(k) The administrator shall arrange for staff development that includes orientation and training of all new
staff and continuing educational opportunities for all staff. Volunteers, when ever utilized, shall be
included in the orientation and training programs for staff or participate in orientation and training
programs geared specifically to their needs.
(l) The administrator shall see that at least one staff member on each shift possesses a current First Aid
certificate and CPR training. Recertification of training shall be required by all staff at least every two
years. [Eff MAR 10 1986] (Auth: HRS §§321-9, 321-10) (Imp: HRS §§321-10, 92E-2, 92E-4,
92E-5, 378-2, 622-57, Pub. L. 88-352 (1964) , Pub. L. 95-555 (1978) )