Pascal Bergeron
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A. A manager of an assisted living facility authorized to provide personal care services shall not
accept or retain a resident who:

1. Is unable to direct self-care;
2. Except as specified in subsection (B), is confined to a bed or chair because of an inability
to ambulate even with assistance; or
3. Except as specified in subsection (C), has a stage 3 or stage 4 pressure sore, as
determined by a registered nurse or medical practitioner.

B. A manager of an assisted living facility authorized to provide personal care services may accept or retain a resident who is confined to a bed or chair because of an inability to ambulate even with assistance if:

1. The condition is a result of a short-term illness or injury; or
2. The following requirements are met at the onset of the condition or when the resident is
accepted by the assisted living facility:
a. The resident or resident’s representative requests that the resident be accepted by
or remain in the assisted living facility;
b. The resident’s primary care provider or another medical practitioner:
i. Examines the resident at the onset of the condition, or within 30 calendar
days before acceptance, and at least once every six months throughout
the duration of the resident’s condition;
ii. Reviews the assisted living facility’s scope of services; and
iii. Signs and dates a determination stating that the resident’s needs can be
met by the assisted living facility within the assisted living facility’s
scope of services and, for retention of a resident, are being met by the
assisted living facility; and
c. The resident’s service plan includes the resident’s increased need for personal
care services.

C. A manager of an assisted living facility authorized to provide personal care services may accept
or retain a resident who has a stage 3 or stage 4 pressure sore, as determined by a registered nurse
or medical practitioner, if the requirements in subsection (B)(2) are met.

D. A manager of an assisted living facility authorized to provide personal care services may accept
or retain a resident who:

1. Is receiving nursing services from a home health agency or a hospice service agency; or
2. Requires intermittent nursing services if:
a. The resident’s condition for which nursing services are required is a result of a
short-term illness or injury, and
b. The requirements of subsection (B)(2) are met.

E. A manager shall ensure that a bell, intercom, or other mechanical means to alert employees to a
resident’s needs or emergencies is available and accessible in a bedroom or residential unit being
used by a resident receiving personal care services.

F. In addition to the requirements in R9-10-808(A)(3), a manager shall ensure that the service plan
for a resident receiving personal care services includes:

1. Skin maintenance to prevent and treat bruises, injuries, pressure sores, and infections;
2. Offering sufficient fluids to maintain hydration;
3. Incontinence care that ensures that a resident maintains the highest practicable level of
independence when toileting; and
4. If applicable, the determination in subsection (B)(2)(b)(iii).
G. A manager shall ensure that an employee does not provide non-prescription medication to a
resident receiving personal care services unless the resident has an order from the resident’s
primary care provider or another medical practitioner for the non-prescription medication.

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