HAR §11-99-63
HAR §11-99-63. §11-99-63 Governing body and management
Cite as Haw. Code R. § 11-99-63
Each
facility shall have an organized governing body, or
designated person or persons so functioning, who have
overall responsibility for the conduct of all
activities. The facility shall maintain methods of
administrative management which assure that:
(1)
Staffing
(A)
There shall be on duty twenty-four hours
of each day, staff sufficient in number
and qualifications to carry out the
policies, responsibilities and program of
the facility.
(B)
The numbers and categories of personnel
shall be determined by the number of
residents and their particular needs.
(2)
Personnel policies
(A)
There shall be written job descriptions
available for all positions. All
employees shall be informed of their
duties and responsibilities at the time
of employment.
(B)
Licensure, certification, or standards
such as are the usual standard of
practice in the community shall be
required for all comparable positions in
the facility.
(C)
Ethical standards of professional conduct
shall be recognized as applying in the
facility.
(D)
The facility's personnel policies and
practices shall be in writing and shall
be available to all employees.
(E)
Written policy shall prohibit
mistreatment, neglect, or abuse of
residents. Alleged violations shall be
reported immediately, and there shall be
evidence that:
(i)
All alleged violations are
thoroughly investigated and
documented.
(ii)
The results of such investigation
are reported to the administrator or
the designated representative within
twenty-four hours of the report of
the incident.
§11-99-63
(iii)
Appropriate sanctions are invoked
when the allegation is
substantiated.
(F)
There shall be an organization chart
showing the major operating programs of
the facility, with staff divisions,
administrative personnel in charge of
programs and divisions, and their lines
of authority, responsibility, and
communication.
(G)
There shall be documented evidence that
every employee has a pre-employment and
an annual health evaluation by a
physician. These evaluations shall be
specifically oriented to determine the
presence of any infectious disease. Each
examination shall include a tuberculin
skin test, as defined, or a chest x-ray.
(H)
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 these duties.
New skin lesions, and respiratory tract
symptoms or diarrhea shall be considered
presumptive evidence of infectious
disease.
(I)
If the tuberculin skin test is positive,
a standard chest x-ray with appropriate
medical follow-up shall be obtained.
(J)
If the tuberculin skin test is negative,
a second tuberculin skin test shall be
done after one week, but not later than
three weeks after the first test. The
results of the second test are to be
considered the base line test and used to
determine appropriate treatment and
follow-up. That is, if the second skin
test is positive, then proceed, as above,
with a chest x-ray which shall be
repeated yearly for at least three
successive years. If the second skin
test is negative, a single skin test
§11-99-63
shall be repeated yearly thereafter,
until it becomes positive.
[Eff. April 29, 1985] (Auth: HRS
§§321-9, 321-10, 321-11, 333-53) (Imp:
HRS §333-53)