Florida Regulations 59A-37.007: Staff Qualifications, Responsibilities and Training
Current as of: 2024 | Check for updates
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(1) MINIMUM STAFF REQUIREMENTS.
The provider, all staff, each relief person, and all adult household members must submit a statement from a licensed health care provider that he or she is free from apparent signs and symptoms of communicable diseases, including tuberculosis. The statement must be based on an examination conducted within the six months prior to employment. Annually thereafter, the individual must submit documentation from a licensed health care provider that he or she is free from tuberculosis. An exception is that an individual with a positive tuberculosis test must submit a statement from a licensed health care provider that he or she does not constitute a risk of communicating tuberculosis.
(2) PROVIDER.
(a) An adult family-care home provider must:
1. Be at least 21 years of age.
2. Live in the home.
3. Be able to read, write and complete written materials involved in applying for an AFCH license and maintaining an AFCH.
(b) An adult family-care home provider is responsible for:
1. The operation and maintenance of the AFCH in accordance with Chapters 408, Part II, 429, Part II, F.S., Fl. Admin. Code Chapter 59A-35, and this rule chapter.
2. Ensuring that residents are appropriate for placement and continued residency in the home as provided under Fl. Admin. Code R. 59A-37.004, and that care and services are provided for residents in accordance with Fl. Admin. Code R. 59A-37.006
(c) In the event of severe illness, incapacity, or death of the provider, the relief person or staff in charge shall notify each resident’s representative or case manager, and the Agency Field Office within 24 hours.
(3) RELIEF PERSONS.
(a) The adult family care home provider must designate one or more relief persons to assume responsibility for the care of residents if the provider is not available to perform that duty.
(b) The relief person must be:
1. At least 21 years of age; and,
2. Knowledgeable about and able to provide for all care needs of the residents.
(c) The provider must notify the agency in writing within 30 days of a change in relief persons and ensure that the relief person is appropriately background screened and trained as described in this rule.
(4) TRAINING.
(a) All AFCH providers must attend a 12-hour basic adult family-care home training program which covers the minimum requirements of Florida Statutes § 429.75, prior to accepting any residents, or for providers who already have persons residing in the home that will be considered residents, prior to licensing.
(b) The AFCH provider shall annually obtain 3 hours of continuing education in topics related to the care and treatment of frail elders or disabled adults, or the management and administration of an adult family-care home.
(c) The AFCH provider, each relief person, and any person left in sole charge of residents, which may include staff, household members or volunteers, must hold a currently valid card documenting completion of courses in First Aid and CPR. A nurse shall be considered as having met the training requirement for First Aid.
(d) Prior to assuming responsibility for the care of residents or within 30 days of employment, the AFCH provider shall ensure that each relief person and all staff receive training in areas that are relevant to the person’s job duties, including emergency and evacuation procedures, universal precautions, food safety, reporting abuse and neglect, and resident rights.
(e) Except as otherwise noted, certificates of any training required by this rule shall be documented in the facility’s personnel files.
(5) This rule is in effect for five years from its effective date.
Rulemaking Authority 429.67, 429.73, 429.75 FS. Law Implemented 429.67, 429.73, 429.75 FS. History-New 2-2-95, Formerly 10A-14.008, Amended 9-19-96, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Formerly 58A-14.008, 7-1-19, 2-27-22.
The provider, all staff, each relief person, and all adult household members must submit a statement from a licensed health care provider that he or she is free from apparent signs and symptoms of communicable diseases, including tuberculosis. The statement must be based on an examination conducted within the six months prior to employment. Annually thereafter, the individual must submit documentation from a licensed health care provider that he or she is free from tuberculosis. An exception is that an individual with a positive tuberculosis test must submit a statement from a licensed health care provider that he or she does not constitute a risk of communicating tuberculosis.
(2) PROVIDER.
(a) An adult family-care home provider must:
1. Be at least 21 years of age.
2. Live in the home.
3. Be able to read, write and complete written materials involved in applying for an AFCH license and maintaining an AFCH.
(b) An adult family-care home provider is responsible for:
1. The operation and maintenance of the AFCH in accordance with Chapters 408, Part II, 429, Part II, F.S., Fl. Admin. Code Chapter 59A-35, and this rule chapter.
2. Ensuring that residents are appropriate for placement and continued residency in the home as provided under Fl. Admin. Code R. 59A-37.004, and that care and services are provided for residents in accordance with Fl. Admin. Code R. 59A-37.006
(c) In the event of severe illness, incapacity, or death of the provider, the relief person or staff in charge shall notify each resident’s representative or case manager, and the Agency Field Office within 24 hours.
(3) RELIEF PERSONS.
(a) The adult family care home provider must designate one or more relief persons to assume responsibility for the care of residents if the provider is not available to perform that duty.
(b) The relief person must be:
1. At least 21 years of age; and,
2. Knowledgeable about and able to provide for all care needs of the residents.
(c) The provider must notify the agency in writing within 30 days of a change in relief persons and ensure that the relief person is appropriately background screened and trained as described in this rule.
(4) TRAINING.
(a) All AFCH providers must attend a 12-hour basic adult family-care home training program which covers the minimum requirements of Florida Statutes § 429.75, prior to accepting any residents, or for providers who already have persons residing in the home that will be considered residents, prior to licensing.
(b) The AFCH provider shall annually obtain 3 hours of continuing education in topics related to the care and treatment of frail elders or disabled adults, or the management and administration of an adult family-care home.
(c) The AFCH provider, each relief person, and any person left in sole charge of residents, which may include staff, household members or volunteers, must hold a currently valid card documenting completion of courses in First Aid and CPR. A nurse shall be considered as having met the training requirement for First Aid.
(d) Prior to assuming responsibility for the care of residents or within 30 days of employment, the AFCH provider shall ensure that each relief person and all staff receive training in areas that are relevant to the person’s job duties, including emergency and evacuation procedures, universal precautions, food safety, reporting abuse and neglect, and resident rights.
(e) Except as otherwise noted, certificates of any training required by this rule shall be documented in the facility’s personnel files.
(5) This rule is in effect for five years from its effective date.
Rulemaking Authority 429.67, 429.73, 429.75 FS. Law Implemented 429.67, 429.73, 429.75 FS. History-New 2-2-95, Formerly 10A-14.008, Amended 9-19-96, 6-6-99, 1-1-04, 7-30-06, 4-15-10, Formerly 58A-14.008, 7-1-19, 2-27-22.