Mich. Admin. Code R. 400.14201 - Qualifications of administrator, direct care staff, licensee, and members of household; provision of names of employee, volunteer, or member of household on parole or probation or convicted of felony; food service staff
Rule 201.
(1) An
administrator and direct care staff shall be persons who are not
residents.
(2) A licensee shall
have the financial and administrative capability to operate a home to provide
the level of care and program stipulated in the application.
(3) Before a temporary license is issued, an
applicant and an administrator shall be competent in all of the following
areas:
(a) Nutrition.
(b) First aid.
(c) Cardiopulmonary resuscitation.
(d) Foster care, as defined in the
act.
(e) Safety and fire
prevention.
(f) Financial and
administrative management.
(g)
Knowledge of the needs of the population to be served.
(h) Resident rights.
(i) Prevention and containment of
communicable diseases.
(4) An applicant and an administrator shall
be deemed competent to operate a home upon successfully completing 1 or more of
the following:
(a) Training that is
developed, approved, or provided by the department.
(b) A competency review that is developed by
the department to be given to the applicant and administrator during the
licensing process by the licensing agent.
(c) A program of study at an accredited
college or university in areas relevant to the applicant's admission policy and
program statement.
(d) Experience
that is related to the direct care of residents in areas that are relevant to
the populations which are identified in the home's admission policy and program
statement.
(5) An
administrator who is designated by the licensee after the promulgation of these
rules shall meet the requirements of subrule (4) of this rule.
(6) A licensee and the administrator shall
have a high school diploma or general education diploma or equivalent and not
less than 1 year of experience working with the population identified in the
home's program statement and admission policy.
(7) The provisions of subrule (6) of this
rule shall not apply to those adult foster care licensees or administrators who
are licensed, or applying to be licensed, before the promulgation of these
rules.
(8) The provisions of
subrule (6) of this rule shall not apply to an individual who is employed as an
administrator of a home that was licensed before the promulgation of these
rules.
(9) A licensee and the
administrator shall possess all of the following qualifications:
(a) Be suitable to meet the physical,
emotional, social, and intellectual needs of each resident.
(b) Be capable of appropriately handling
emergency situations.
(c) Be
capable of assuring program planning, development, and implementation of
services to residents consistent with the home's program statement and in
accordance with the resident's assessment plan and care agreement.
(10) All members of the household,
employees, and those volunteers who are under the direction of the licensee
shall be suitable to assure the welfare of residents.
(11) A licensee, direct care staff, and an
administrator shall be willing to cooperate fully with a resident, the
resident's family, a designated representative of the resident and the
responsible agency.
(12) A
licensee, direct care staff, administrator, or members of the household shall
not be the legal guardian or conservator of a resident who lives in the home,
except if a person is a relative of the resident or if the guardianship or
conservatorship of the licensee existed before April 1, 1989, as specified in
section 454 of Act No. 642 of the Public Acts of 1978, as amended, being
S700.454 of the Michigan Compiled Laws.
(13) A licensee shall provide the department
with the name of any employee, volunteer who is under the direction of the
licensee, or member of the household who is on a court-supervised probation or
parole or who has been convicted of a felony.
(14) A home that is licensed for 7 or more
residents shall have a minimum of 1 individual who is qualified by training,
experience, and performance to be responsible for food preparation. Additional
food service staff shall be employed as necessary to ensure regular and timely
meals.
Notes
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