Section R9-10-806. Personnel

A.      A manager shall ensure that:

1.        A caregiver:

a.         Is 18 years of age or older; and

b.        Provides documentation of:

i.         Completion of a caregiver training program approved by the Department or the Board of Examiners for Nursing Care Institution Admin- istrators and Assisted Living Facility Manag- ers;

ii.        For supervisory care services, employment as a manager or caregiver of a supervisory care home before November 1, 1998;

iii.      For supervisory care services or personal care services, employment as a manager or care- giver of a supportive residential living center before November 1, 1998; or

iv.       For supervisory care services, personal care services, or directed services, one of the follow- ing:

(1)     A nursing care institution administrator’s license issued by the Board of Examiners;

(2)     A nurse’s license issued to the individual under A.R.S. Title 32, Chapter 15;

(3)     Documentation of employment as a man- ager or caregiver of an unclassified resi- dential care institution before November 1, 1998; or

(4)     Documentation of sponsorship of or employment as a caregiver in an adult fos- ter care home before November 1, 1998;

2.        An assistant caregiver:

a.         Is 16 years of age or older, and

b.        Interacts with residents under the supervision of a manager or caregiver;

3.        The qualifications, skills, and knowledge required for a caregiver or assistant caregiver:

a.         Are based on:

i.         The type of assisted living services, behavioral health services, or behavioral care expected to be provided by the caregiver or assistant care- giver according to the established job descrip- tion; and

ii.        The acuity of the residents receiving assisted living services, behavioral health services, or behavioral care from the caregiver or assistant caregiver according to the established job description; and

b.        Include:

i.         The specific skills and knowledge necessary for the caregiver or assistant caregiver to provide the expected assisted living services, behav- ioral health services, or behavioral care listed in the established job description;

ii.        The type and duration of education that may allow the caregiver or assistant caregiver to have acquired the specific skills and knowledge

for the caregiver or assistant caregiver to pro- vide the expected assisted living services, behavioral health services, or behavioral care listed in the established job description; and

iii.      The type and duration of experience that may allow the caregiver or assistant caregiver to have acquired the specific skills and knowledge for the caregiver or assistant caregiver to pro- vide the expected assisted living services, behavioral health services or behavioral care listed in the established job description;

4.        A caregiver’s or assistant caregiver’s skills and knowl- edge are verified and documented:

a.         Before the caregiver or assistant caregiver provides physical health services or behavioral health ser- vices, and

b.        According to policies and procedures;

5.        An assisted living facility has a manager, caregivers, and assistant caregivers with the qualifications, experience, skills, and knowledge necessary to:

a.         Provide the assisted living services, behavioral health services, behavioral care, and ancillary ser- vices in the assisted living facility’s scope of ser- vices;

b.        Meet the needs of a resident; and

c.         Ensure the health and safety of a resident;

6.        At least one manager or caregiver is present and awake at an assisted living center when a resident is on the prem- ises;

7.        A manager, a caregiver, and an assistant caregiver, or an employee or a volunteer who has or is expected to have more than eight hours per week of direct interaction with residents, provides evidence of freedom from infectious tuberculosis:

a.         On or before the date the individual begins provid- ing services at or on behalf of the assisted living facility, and

b.        As specified in R9-10-113;

8.        Before providing assisted living services to a resident, a caregiver or an assistant caregiver receives orientation that is specific to the duties to be performed by the care- giver or assistant caregiver; and

9.        Before providing assisted living services to a resident, a manager or caregiver provides current documentation of first aid training and cardiopulmonary resuscitation train- ing certification specific to adults.

B.       A manager of an assisted living home shall ensure that:

1.        An individual residing in an assisted living home, who is not a resident, a manager, a caregiver, or an assistant care- giver:

a.         Either:

i.         Complies with the fingerprinting requirements in A.R.S. § 36-411, or

ii.        Interacts with residents only under the supervi- sion of an individual who has a valid finger- print clearance card; and

b.        If the individual is 12 years of age or older, provides evidence of freedom from infectious tuberculosis as specified in R9-10-113;

2.        Documentation of compliance with the requirements in subsection (B)(1)(a) and evidence of freedom from infec- tious tuberculosis, if required under subsection (B)(1)(b), is maintained for an individual residing in the assisted liv- ing home who is not a resident, a manager, a caregiver, or an assistant caregiver; and

3.        At least the manager or a caregiver is present at an assisted living home when a resident is present in the assisted living home and:

a.         Except for nighttime hours, the manager or care- giver is awake; and

b.        If the manager or caregiver is not awake during nighttime hours:

i.         The manager or caregiver can hear and respond to a resident needing assistance; and

ii.        If the assisted living home is authorized to pro- vide directed care services, policies and proce- dures are developed, documented, and implemented to establish a process for check- ing on a resident receiving directed care ser- vices during nighttime hours to ensure the resident’s health and safety.

C.      A manager shall ensure that a personnel record for each employee or volunteer:

1.        Includes:

a.         The individual’s name, date of birth, and contact telephone number;

b.        The individual’s starting date of employment or vol- unteer service and, if applicable, the ending date; and

c.         Documentation of:

i.         The individual’s qualifications, including skills and knowledge applicable to the individual’s job duties;

ii.        The individual’s education and experience applicable to the individual’s job duties;

iii.      The individual’s completed orientation and in- service education required by policies and pro- cedures;

iv.       The individual’s license or certification, if the individual is required to be licensed or certified in this Article or in policies and procedures;

v.        If the individual is a behavioral health techni- cian, clinical oversight required in R9-10-115;

vi.       Evidence of freedom from infectious tuberculo- sis, if required for the individual according to subsection (A)(7);

vii.     Cardiopulmonary resuscitation training, if required for the individual in this Article or pol- icies and procedures;

viii First aid training, if required for the individual in this Article or policies and procedures; and

ix. Documentation of compliance with the require- ments in A.R.S. § 36-411(A) and (C);

2.        Is maintained:

a.         Throughout the individual’s period of providing ser- vices in or for the assisted living facility, and

b.        For at least 24 months after the last date the individ- ual provided services in or for the assisted living facility; and

3.        For a manager, a caregiver, or an assistant caregiver who has not provided physical health services or behavioral health ser- vices at or for the assisted living facility during the previous 12 months, is provided to the Department within 72 hours after the Department's request.

Historical Note

Adopted as an emergency effective October 26, 1988, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 88-4). Emergency expired. Readopted without change as an emergency effective January 27, 1989, pur- suant to A.R.S. § 41-1026, valid for only 90 days (Supp.

89-1). Emergency expired. Readopted without change as

an emergency effective April 27, 1989, pursuant to

A.R.S. § 41-1026, valid for only 90 days (Supp. 89-2).

Emergency expired. Readopted without change as an emergency effective July 31, 1989, pursuant to A.R.S. § 41-1026, valid for only 90 days (Supp. 89-3). Permanent rules adopted with changes effective October 30, 1989 (Supp. 89-4). Amended by final rulemaking at 9 A.A.R. 319, effective March 14, 2003 (Supp. 03-1). Section repealed; new Section made by exempt rulemaking at 19

A.A.R. 2015, effective October 1, 2013 (Supp. 13-2). Amended by exempt rulemaking at 20 A.A.R. 1409, pur- suant to Laws 2013, Ch. 10, § 13; effective July 1, 2014

(Supp. 14-2).