Ohio Admin. Code 3701-17-07 - Qualifications and health of personnel
(A) Every nursing home administrator shall be
licensed pursuant to Chapter 4751. of the Revised Code, unless specifically
exempted from licensing under that chapter.
(B) No person with a disease which may be
transmitted in the performance of the person's job responsibilities shall work
in a nursing home during the stage of communicability unless the person is
given duties that minimize the likelihood of transmission and follows infection
control precautions and procedures.
(C) No person shall work in a nursing home
under either of the following circumstances:
(1) Under the influence of alcohol,
intoxicants or illegal drugs; or
(2) When the person is using medications to
the extent that the use adversely affects the performance of his or her duties
or the health or safety of any resident of the home.
(D) No individual shall work in a nursing
home in any capacity for ten or more hours in any thirty-day period unless the
individual has been examined within thirty days before commencing work, or on
the first day of work, by a physician or other licensed health professional
acting within their applicable scope of practice and certified as medically
capable of performing his or her prescribed duties. Operators shall retain
documentation evidencing compliance with this paragraph and shall furnish such
documentation to the director upon request. This paragraph does not apply to
volunteers.
(E) Employees of
temporary employment services or, to the extent applicable, paid consultants
working in a nursing home, shall have medical examinations in accordance with
paragraph (D) of this rule, except that a new medical certification is not
required for each new assignment. Each nursing home in which such an individual
works shall obtain verification of the medical certification result, as
applicable, from the employment agency or consultant before the individual
begins work and shall maintain this documentation on file.
(F) Individuals used by an adult day care
program provided by and on the same site as the nursing home shall have medical
examinations in accordance with paragraph (D) of this rule if the adult day
care program is located or shares space within the same building as the nursing
home or if there is a sharing of staff between the nursing home and adult day
care program.
(G) The individual
required by paragraph (A) of rule
3701-17-09
of the Administrative Code to direct the activities program shall meet one of
the following qualifications:
(1) Has two
years of experience in a social or recreational program within five years
preceding the date of hire, one year of which was full-time in a resident
activities program in a health care setting;
(2) Is licensed as an occupational therapist
under Chapter 4755. of the Revised Code;
(3) Is licensed as an occupational therapy
assistant under Chapter 4755. of the Revised Code;
(4) Is certified by a nationally recognized
accrediting body as a therapeutic recreation specialist or activities
professional; or
(5) Has
successfully completed training covering activities programming from a
technical or vocational school, college, university, or other educational
institution, and has one year of experience in recreational or activities
services. Training may also be provided by an out-of-state provider certified
in the state in which the provider is located to offer technical or vocational
programs or to offer degrees and college credits. For individuals hired after
April 18, 2002, the minimum amount of training needed to meet this requirement
shall be ninety hours.
(H) A food service manager designated
pursuant to paragraph (K) of rule
3701-17-18 of
the Administrative Code shall have successfully
completed a certification in food service course approved by the director in
accordance with rule
3701-21-25
of the Administrative Code
who has supervisory
and management responsibility and the authority to direct and control food
preparation and service shall obtain the level two certification in food
protection according to rule
3701-21-25
of the Administrative Code .
(I) All individuals used by the nursing home
who function 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.
(J) The operator or administrator shall
ensure that each staff member, consultant and volunteer used by the nursing
home receives orientation and training to the extent necessary to perform their
job responsibilities prior to commencing such job responsibilities
independently. The orientation and training shall include appropriate
orientation and training about residents rights, person-centered care, the physical layout of the
nursing home, the applicable job responsibilities, the home's policies and
procedures applicable to assuring safe and appropriate resident care, emergency
assistance procedures, and the disaster preparedness plan.
(K)
Except as
provided in Chapter 3701-13 of the Administrative Code, no
No nursing home shall employ a person who applies
on or after January 27, 1997, for a
position that involves the provision of direct care to an older adult, if the
person:
(1) Has been convicted of or pleaded
guilty to an offense listed in division (C)(1) of section
3721.121 of the Revised Code, unless the individual is hired under the personal
character standards set forth in rule
3701-13-06
of the Administrative Code ; or
(2)
Fails to complete the form(s) or provide fingerprint impressions as required by
division (B)(3) of section
3721.121 of the Revised
Code.
;
(3)
Is the subject of a finding of abuse or neglect of a
resident or misappropriation of the property of a resident on the nurse aide
registry, established pursuant to section
3721.32 of the Revised
Code;
(4)
Is the subject of a finding of abuse or neglect of a
resident or misappropriation of the property of a resident on the nurse aide
registry established by another state where the home believes or has reason to
believe the person resides or resided; or
(5)
Has had a
disciplinary action taken against a professional license by a state licensure
body as a result of a finding of abuse, neglect, mistreatment of residents or
misappropriation of resident property.
Notes
Promulgated Under: 119.03
Statutory Authority: 3721.04
Rule Amplifies: 3721.01, 3721.04
Prior Effective Dates: 5/2/1966, 7/1/73, 9/30/88, 12/21/92, 9/5/97, 10/20/01, 11/30/09, 4/1/12, 12/8/14
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