Document Citation: 65B-38.024, F.A.C.

Header:
FLORIDA ADMINISTRATIVE CODE
TITLE 65 DEPARTMENT OF CHILDREN AND FAMILY SERVICES
65B DEVELOPMENTAL SERVICES PROGRAM
CHAPTER 65B-38 INTERMEDIATE CARE FACILITIES FOR THE DEVELOPMENTALLY DISABLED (ICF/DD)

Date:
08/31/2009

Document:

65B-38.024 Personnel Standards.

The administrator or director of the facility shall ensure that:

(1) Each new employee or individual under contract with the facility to provide direct services to residents shall have a medical examination at the time of employment and prior to contact with residents. Annually thereafter, employees shall submit a physician's statement that, based on test results, the employee does not constitute a threat of communicating diseases to ICF/DD residents. For state employees, this requirement shall be met using departmental medical staff. If any employee is found to have or is suspected of having a communicable disease, he shall be removed from his duties that require contact with residents until certification is received from a duly licensed physician that such risk no longer exists.

(2) Regardless of the organization or design of resident-living units, the minimum overall direct care staff-resident ratios are those specified in 42 C.F.R., 483.430(d)(3). For each residential living unit licensed as Developmental, the staff to client ratio is 1 to 4. Should the facility serve children under the age of 12, individuals with severe or profound mental retardation, individuals who have aggressive behaviors, are assaultive, or who manifest psychotic like symptoms, the staff to client ratio is 1 to 3.2. For facilities licensed as Developmental/Medical, the staff to client ratio is 1 to 3.2.

(3) The department or the Office of Licensure and Certification shall have the authority to require staffing schedules in excess of minimum requirements found in federal regulations (42 C.F.R. 483) when they are in the interest of the health, safety, and programmatic needs of the individuals served.

(4) All licensed providers and employees of facilities licensed pursuant to Section 393.067, F.S., will be required to complete an educational course biennially on human immunodeficiency virus (HIV) and acquired immune deficiency syndrome (AIDS) beginning with the first licensing period after July 1, 1991, pursuant to Section 381.0035, F.S.

(a) This course will have no less than two contact hours of training.

(b) Confirmation of completion of such course shall be maintained in facility records for review by the appropriate licensing authority.

(c) Within 90 days of employment, all new employees of licensed facilities shall complete a four hour education course on HIV and AIDS, pursuant to Section 381.0035, F.S.