(a)  Each staff person of a family care home shall:

(1)           have a job description that reflects actual duties and responsibilities and is signed by the administrator and the employee;

(2)           be able to apply all of the home’s accident, fire safety and emergency procedures for the protection of the residents;

(3)           be informed of the confidential nature of resident information and shall protect and preserve such information from unauthorized use and disclosure;

                Note:  G.S. 131D‑2(b)(4), G.S. 131D‑21(6), and G.S. 131D‑21.1 govern the disclosure of such information;

(4)           not hinder or interfere with the exercise of the rights guaranteed under the Declaration of Residents’ Rights in G.S. 131D-21;

(5)           have no substantiated findings listed on the North Carolina Health Care Personnel Registry according to G.S. 131E-256;

(6)           have documented annual immunization against influenza virus according to G.S. 131D-9, except as documented otherwise according to exceptions in this law.

(7)           have a criminal background check in accordance with G.S. 114-19.10 and G.S. 131D-40;

(8)           maintain a valid driver’s license if responsible for transportation of residents; and

(9)           be willing to work with bona fide inspectors and the monitoring and licensing agencies toward meeting and maintaining the rules of this Subchapter.

(b)  Any staff member left in charge of the care of residents shall be 18 years or older.

(c)  If licensed practical nurses are employed by the facility and practicing in their licensed capacity as governed by their practice act and occupational licensing laws, there shall be continuous availability of a registered nurse consistent with Rules 21 NCAC 36 .0224(i) and 21 NCAC 36 .0225.

Note:  The practice of licensed practical nurses is governed by their occupational licensing laws.