D.C. Mun. Regs. tit. 22, r. 22-B3512

Current through Register Vol. 71, No. 49, December 6, 2024
Rule 22-B3512 - PERSONNEL
3512.1

Personnel policies which meet the requirements of this section shall be developed according to the CRFPID's particular needs and distributed to each employee. All employees and contractors shall be kept informed of any policy changes that affect the performance of their duties.

3512.2

A staffing plan is maintained and includes the following:

(a) Each CRFPID shall develop and implement a staffing plan that includes the type and responsibilities of all employees and contractors, and reflects the needs of the population served, the type of services offered, the service description, and the number of persons served; and
(b) The staffing plan shall describe the supervisory chain for all employees and contractors. Supervision shall be appropriate to the services provided and shall be a documented plan to ensure there is always an emergency on-call plan to ensure sufficient staff are on duty at all times.
3512.3

Each CRFPID staffing plan shall include the following positions:

(a) The Residence Director, who shall be responsible for the administrative direction of the CRFPID and its services; or
(b) A Qualified Intellectual Disabilities Professional (QIDP), who shall have the responsibility for daily oversight of persons and programs. The QIDP can function as the Residence Director; and
(c) Direct care staff, who shall be at least eighteen (18) years of age and have a high school diploma or a General Education Diploma (GED).
3512.4

In accordance with this chapter each Residence Director who also is employed as a QIDP (and vice versa) shall be qualified as both and must perform the applicable duties adequately.

3512.5

The CRFPID shall employ sufficient staff and contractors to provide needed direct care and services for every person at the home in accordance with each person's ISP, provided that the CRFPID shall maintain the minimum staff ratios required by this chapter and shall ensure that there is direct care staff on duty and awake on a twenty-four (24) hour basis whenever persons are present in the CRFPID.

3512.6

Employees and contractors shall comply, as required, with all licensing requirements of the Department.

3512.7

The CRFPID shall provide adequate staffing to ensure that the residence is clean and in good repair. Housekeeping shall not interfere with the delivery of direct care services in accordance with a person's ISP.

3512.8

Each CRFPID staff person shall have a written job description which details each of his or her major responsibilities and duties, supervisory control and the minimum knowledge, skills, abilities, experience and/or professional qualifications required. Any person who assumes the responsibilities of any employee position shall meet the minimum requirements of the position as determined by the job description.

3512.9

Each Residence Director or QIDP or a designee shall discuss the contents of job descriptions with each employee at the beginning of employment.

3512.10

Each employee shall be given a copy of his or her job description to review and sign at the beginning of employment.

3512.11

Each job description shall be reviewed annually. Each job description shall be updated and revised when the duties and responsibilities of the job change when those changes occur and are expected to remain with the job.

3512.12

Each employee, within ninety (90) days prior to employment and annually thereafter, shall provide certification from a physician attesting that he or she is fit to perform the required duties of the job and is free from any active communicable disease.

3512.13

The CRFPID shall comply with and shall not employ a worker who does not comply with District of Columbia standards on criminal background checks as set out in D.C. Law 14-98, the Health-Care Facility Unlicensed Personnel Criminal Background Check Amendment Act of 2002 and implementing regulations, 22B DCMR Chapter 47. The CRFPID shall obtain enough information from each applicant to comply with criminal background check requirements even if obtaining such information is in addition to information obtained in compliance with Subsection 3512.14. In addition, each CRFPID shall comply with background checks in accordance with applicable federal law and shall not employ a person who has a history of the following:

(a) Child abuse or abuse of someone under his or her care and supervision, including misappropriation of property;
(b) Neglect;
(c) Exploitation;
(d) Conviction for a sexual offense or violent crime; or
(e) A conviction for criminal violation(s) that would indicate behavior potentially harmful to persons.
3512.14

Each CRFPID shall obtain from each applicant employment information from the last seven (7) years (if the applicant was in the workforce) or the three (3) most recent employment positions, whichever time period is longer, including the name of the employer, the name of the immediate supervisor, the dates of employment, and the reason for leaving the employment, and shall make reasonable efforts to verify the employment information provided.

3512.15

The CRFPID shall maintain a personnel record for each employee and contractor that includes identifying information; professional license, if applicable, and any adverse actions by licensing bodies; employment history; results of reasonable efforts to secure job-related references and verification of employment history; results of criminal, sexual abuse, and child abuse and neglect background checks; performance evaluations; and any disciplinary actions taken by the CRFPID.

3512.16

The CRFPID shall have and implement a written policy that clearly defines and communicates the requirements for the use and responsibilities of students and volunteers including selection and supervision. The CRFPID shall not rely on students and volunteers for direct care services, and the staffing plan shall not include students and volunteers.

3512.17

In addition to complying with this section, each CRFPID shall have a Residence Director or QIDP available and accessible at all times.

D.C. Mun. Regs. tit. 22, r. 22-B3512

Final Rulemaking published at 39 DCR 3280, 3294 (May 8, 1992); amended by Final Rulemaking published at 68 DCR 4282 (4/23/2021)