§ 2800.51. Criminal history checks.
(a) Criminal history checks shall be in accordance with the Older Adult Protective Services Act (35 P. S. §§ 10225.101—10225.5102), and 6 Pa.
Code Chapter 15 (relating to protective services for older adults).
(b) The hiring policies shall be in accordance with the Department of Aging’s
Older Adult Protective Services Act policy as posted on the Department of Aging’s website.
Cross References
This section cited in 55 Pa. Code § 2800.16 (relating to reportable incidents and conditions).
§ 2800.52. Staff hiring, retention and utilization.
Hiring, retention and utilization of staff persons shall be in accordance with the
Older Adult Protective Services Act (35 P. S. §§ 10225.101—10225.5102), 6
Pa. Code Chapter 15 (relating to protective services for older adults) and other
applicable regulations.
§ 2800.53. Qualifications and responsibilities of administrators.
(a) The administrator shall have one of the following qualifications:
(1) A license as an RN from the Department of State and 1 year, in the
prior 10 years, of direct care or administrative experience in a health care or
human services field.
(2) An associate’s degree or 60 credit hours from an accredited college or
university in a human services field and 1 year, in the prior 10 years, of direct
care or administrative experience in a health care or human services field.
(3) An associate’s degree or 60 credit hours from an accredited college or
university in a field that is not related to human services and 2 years, in the
prior 10 years, of direct care or administrative experience in a health care or
human services field.
(4) A license as an LPN from the Department of State and 1 year, in the
prior 10 years, of direct care or administrative experience in a health care or
human services field.
(5) A license as a nursing home administrator from the Department of State
and 1 year, in the prior 10 years, of direct care or administrative experience in
a health care or human services field.
(6) With the exception of administrators qualified under § 2600.53(a)(5)
(relating to qualifications and responsibilities of administrators), experience as
a personal care home administrator, if the following requirements are met:
(i) Employed as a personal care home administrator for 2 years prior
to January 18, 2011.
(ii) Completed the administrator training requirements and pass the
Department-approved competency-based training test in § 2800.64 (relating
to administrator training and orientation) by January 18, 2012.
(b) The administrator shall be 21 years of age or older.
(c) The administrator shall be responsible for the administration and management of the residence, including the health, safety and well-being of the residents,
implementation of policies and procedures and compliance with this chapter.
(d) The administrator shall have the ability to provide assisted living services
or to supervise or direct the work to provide assisted living services.
(e) The administrator shall have knowledge of this chapter.
(f) The administrator shall have the ability to comply with applicable laws,
rules and regulations, including this chapter.
(g) The administrator shall have the ability to maintain or supervise the maintenance of financial and other records.
(h) At all times the administrator shall be free from a medical condition,
including drug or alcohol addiction that would limit the administrator from performing duties with reasonable skill and safety.
Cross References
This section cited in 55 Pa. Code § 2800.64 (relating to administrator training and orientation).
§ 2800.54. Qualifications for direct care staff persons.
(a) Direct care staff persons shall have the following qualifications:
(1) Be 18 years of age or older, except as permitted in subsection (d).
(2) Have a high school diploma, GED or active registry status on the
Pennsylvania nurse aide registry.
(3) Be free from a medical condition, including drug or alcohol addiction,
that would limit direct care staff persons from providing necessary assisted living services with reasonable skill and safety.
(4) Be able to communicate in a mode or manner understood by the resident. Strategies that promote interactive communication on the part of direct
care staff and individual residents shall be developed in accordance with the
resident’s final support plan under § 2800.227(e) (relating to development of
the final support plan).
(b) A volunteer who performs or provides ADLs shall meet the direct staff
person qualifications and training requirements specified in this chapter.
(c) A resident receiving assisted living services who voluntarily performs
tasks in the residence will not be considered a volunteer under this chapter.
(d) Food services or housekeeping staff may be 16 or 17 years of age.
Cross References
This section cited in 55 Pa. Code § 2800.56 (relating to administrator staffing); and 55 Pa. Code
§ 2800.61 (relating to substitute personnel).
§ 2800.55. Portability of staff training.
A staff person who transfers to another licensed residence, or from a licensed
personal care home shall be given credit for any completed hours of training that
are required on an annual basis, provided however, that the staff person shall
complete any additional training required by this chapter for assisted living residence direct care staff.
§ 2800.56. Administrator staffing.
(a) Except for temporary absences under subsection (b), the administrator
shall be present in the residence an average of 36 hours or more per week, in each
calendar month. At least 30 hours per week must be during normal business
hours.
(b) If the administrator is unavailable to meet the hourly requirements in subsection (a) due to a temporary absence, the administrator shall assign an administrator designee in writing to supervise the residence during the administrator’s
temporary absence. The administrator designee shall meet the following requirements:
(1) Have 3,000 hours of direct operational responsibility for a senior housing facility, health care facility, residential care facility, adult daily living facility or other group home licensed or approved by the Commonwealth.
(2) Pass the Department-approved competency-based administrator training test under § 2800.64(a)(3) (relating to administrator training and orientation.)
(3) Meet the qualification and training requirements of a direct care staff
person under §§ 2800.54 and 2800.65 (relating to qualifications for direct care
staff persons; and staff orientation and direct care staff person training and orientation).
(c) The administrator shall assign a staff person in writing to supervise the
residence during the administrator’s or administrator designee’s absence. The
staff person shall meet the qualification and training requirements of a direct care
staff person under §§ 2800.54 and 2800.65.
(d) During the administrator’s and administrator designee’s absence, the
administrator or administrator designee shall be on-call.
Cross References
This section cited in 55 Pa. Code § 2800.5 (relating to access); and 55 Pa. Code § 2800.11 (relating to procedural requirements for licensure or approval of assisted living residences; special care
designation and dual licensure).
§ 2800.57. Direct care staffing.
(a) At all times one or more residents are present in the residence, a direct
care staff person who is 21 years of age or older shall be present in the residence.
The direct care staff person may be the administrator if the administrator provides
direct care services.
(b) Direct care staff persons shall be available to provide at least 1 hour per
day of assisted living services to each mobile resident.
(c) Direct care staff persons shall be available to provide at least 2 hours per
day of assisted living services to each resident who has mobility needs.
(d) At least 75% of the assisted living service hours specified in subsections
(b) and (c) shall be available during waking hours.
Cross References
This section cited in 55 Pa. Code § 2800.59 (relating to multiple buildings); and 55 Pa. Code
§ 2800.238 (relating to staffing).
§ 2800.58. Awake staff persons.
Direct care staff persons on duty in the residence shall be awake at all times.
§ 2800.59. Multiple buildings.
For a residence with multiple buildings on the same premises regardless of the
distance between buildings, the direct care staffing requirements in § 2800.57
(relating to direct care staffing) apply at all times residents are present in the residence.
§ 2800.60. Additional staffing based on the needs of the residents.
(a) Staffing shall be provided to meet the needs of the residents as specified
in the resident’s assessment and support plan. Residence staff or service providers who provide services to the residents in the residence shall meet the applicable professional licensure requirements.
(b) The staffing level in this chapter is minimum only. The Department may
require additional staffing as necessary to protect the health, safety and wellbeing of the residents. Requirements for additional staffing will be based on the
resident’s assessment and support plan, the design and construction of the residence and the operation and management of the residence.
(c) Additional staff hours, or contractual hours, shall be provided as necessary to meet the transportation, laundry, food service, housekeeping and maintenance needs of the residents.
(d) In addition to the staffing requirements in this chapter, the residence shall
have a licensed nurse available in the building or on call at all times. The licensed
nurse shall be either an employee of the residence or under contract with the
residence.
(e) The residence shall have a dietician on staff or under contract to provide
for any special dietary needs of a resident as indicated in his support plan.
§ 2800.61. Substitute personnel.
When regularly scheduled direct care staff persons are absent, the administrator shall arrange for coverage by substitute personnel who meet the direct care
staff qualifications and training requirements as specified in §§ 2800.54 and
2800.65 (relating to qualifications for direct care staff persons; and staff orientation and direct care staff person training and orientation).
§ 2800.62. List of staff persons.
The administrator shall maintain a current list of the names, addresses and telephone numbers of staff persons including substitute personnel and volunteers.
§ 2800.63. First aid, CPR and obstructed airway training.
(a) For every 35 residents, there shall be at least one staff person trained in
first aid and certified in obstructed airway techniques and CPR present in the
residence at all times to meet the needs of the residents.
(b) Current training in first aid and certification in obstructed airway techniques and CPR shall be provided by an individual certified as a trainer by a hospital or other recognized health care organization.
(c) Licensed, certified, and registered medical personnel meet the qualifications in subsection (a) and are exempt from the training requirements in subsections (a) and (b).
(d) A staff person who is trained in first aid or certified in obstructed airway
techniques or CPR shall provide those services in accordance with his training
unless the resident has a do not resuscitate order.
Cross References
This section cited in 55 Pa. Code § 2800.65 (relating to staff orientation and direct care staff person training and orientation).
§ 2800.64. Administrator training and orientation.
(a) Prior to initial employment as an administrator, a candidate shall successfully complete the following:
(1) An orientation program approved and administered by the Department.
(2) A 100-hour standardized Department-approved administrator training
course. The training provided for in § 2800.69 (relating to additional dementiaspecific training) shall be in addition to the 100-hour training course.
(3) A Department-approved competency-based training test with a passing score.
(b) The standardized Department-approved administrator training course
specified in subsection (a)(2) must include the following:
(1) Fire prevention and emergency preparedness.
(2) Medication procedures, medication effects and side effects, universal
precautions and personal hygiene.
(3) Certification in CPR and obstructed airway techniques and training in first aid.
(4) Assisted living services.
(5) Local, State and Federal laws and regulations pertaining to the operation of a residence.
(6) Nutrition, food handling and sanitation.
(7) Recreation.
(8) Care for residents with mental illness.
(9) Resident rights.
(10) Care for residents with cognitive and neurological impairments and
other special needs.
(11) Care for residents with an intellectual disability.
(12) Community resources, social services and activities in the community.
(13) Staff supervision and staff person training including developing orientation and training guidelines for staff.
(14) Budgeting, financial recordkeeping and resident records including:
(i) Writing, completing and implementing initial assessments, annual
assessments and support plans.
(ii) Resident-residence contracts.
(15) Gerontology.
(16) Abuse and neglect prevention and reporting.
(17) Cultural competency.
(18) Infection control.
(19) Training specific to the resident composition.
(20) Training on person-centered care, informed consent, aging in place and
the availability of services to support aging in place.
(21) Incident management and incident reporting.
(22) The requirements of this chapter.
(c) An administrator shall have at least 24 hours of annual training relating
to the job duties. The Department-approved administrator training course specified in subsection (a) fulfills the annual training requirement for the first year.
(d) Annual training shall be provided by Department-approved training
sources listed in the Department’s assisted living residence training resource
directory or by an accredited college or university, courses approved for credit by
National Continuing Education Review Service/National Association of Boards
of Examiners of Long-Term Care Administrators or the Bureau of Professional
and Occupational Affairs in the Department of State.
(e) An administrator who has successfully completed the training in subsections (a)—(d) shall provide written verification of successful completion to the
Department’s Assisted Living Residence Licensing Office.
(f) A record of training including the individual trained, date, source, content,
length of each course and copies of certificates received shall be kept.
(g) A licensed nursing home administrator who is employed as an administrator prior to January 18, 2011, is exempt from the qualification and training
requirements under this section and § 2800.53 (relating to qualifications and
responsibilities of administrators) if the administrator continues to meet the applicable licensing requirements. A licensed nursing home administrator hired as an
administrator after January 18, 2011, shall complete and pass the Departmentapproved assisted living administrator competency-based test.
Cross References
This section cited in 55 Pa. Code § 2800.53 (relating to qualifications and responsibilities of
administrators); and 55 Pa. Code § 2800.56 (relating to administrator staffing).
§ 2800.65. Staff orientation and direct care staff person training and orientation.
(a) Prior to or during the first work day, direct care staff persons and other
staff persons including ancillary staff persons, substitute personnel and volunteers
shall have an orientation in general fire safety and emergency preparedness that
includes the following:
(1) Evacuation procedures.
(2) Staff duties and responsibilities during fire drills, as well as during
emergency evacuation, transportation and at an emergency location, if applicable.
(3) The designated meeting place outside the building or within the firesafe area in the event of an actual fire.
(4) Smoking safety procedures, the residence’s smoking policy and location of smoking areas, if applicable.
(5) The location and use of fire extinguishers.
(6) Smoke detectors and fire alarms.
(7) Telephone use and notification of emergency services.
(b) Direct care staff persons shall complete an initial orientation approved by
the Department before providing direct care to residents.
(c) Direct care staff persons shall be certified in first aid and CPR before
providing direct care to residents.
(d) A sufficient number of direct care staff persons shall be certified in
obstructed airway techniques to meet the staff to resident ratios under
§ 2800.63(a) (relating to first aid, CPR and obstructed airway training) before
providing direct care to residents.
(e) Within 40 scheduled working hours, direct care staff persons, ancillary
staff persons, substitute personnel and volunteers shall have an orientation training that includes the following:
(1) Resident rights.
(2) Emergency medical plan.
(3) Mandatory reporting of abuse and neglect under the Older Adult Protective Services Act (35 P. S. §§ 10225.101—10225.5102).
(4) Reporting of reportable incidents and conditions.
(5) Safe management techniques.
(6) Core competency training that includes the following:
(i) Person-centered care.
(ii) Communication, problem solving and relationship skills.
(iii) Nutritional support according to resident preference.
(f) Ancillary staff persons shall have a general orientation to their specific
job functions as it relates to their position prior to working in that capacity.
(g) Direct care staff persons may not provide unsupervised assisted living
services until completion of 18 hours of training in the following areas:
(1) Training that includes a demonstration of job duties, followed by supervised practice.
(2) Successful completion and passing the Department-approved direct
care training course and passing of the competency test.
(3) Initial direct care staff person training to include the following:
(i) Safe management techniques.
(ii) Assisting with ADLs and IADLs.
(iii) Personal hygiene.
(iv) Care of residents with mental illness, neurological impairments, an
intellectual disability and other mental disabilities.
(v) The normal aging-cognitive, psychological and functional abilities
of individuals who are older.
(vi) Implementation of the initial assessment, annual assessment and
support plan.
(vii) Nutrition, food handling and sanitation.
(viii) Recreation, socialization, community resources, social services and
activities in the community.
(ix) Gerontology.
(x) Staff person supervision, if applicable.
(xi) Care and needs of residents with special emphasis on the residents
being served in the residence.
(xii) Safety management and hazard prevention.
(xiii) Universal precautions.
(xiv) The requirements of this chapter.
(xv) The signs and symptoms of infections and infection control.
(xvi) Care for individuals with mobility needs, such as prevention of
decubitus ulcers, incontinence, malnutrition and dehydration, if applicable to
the residents served in the residence.
(xvii) Behavioral management techniques.
(xviii) Understanding of the resident’s assessment and how to implement
the resident’s support plan.
(xix) Person-centered care and aging in place.
(h) Direct care staff persons shall have at least 16 hours of annual training
relating to their job duties. The training required in § 2800.69 (relating to additional dementia-specific training) shall be in addition to the 16 hour annual training.
(i) Training topics for the annual training for direct care staff persons must
include the following:
(1) Medication self-administration training.
(2) Instruction on meeting the needs of the residents as described in the
assessment tool, medical evaluation and support plan.
(3) Care for residents with dementia, cognitive and neurological impairments.
(4) Infection control and general principles of cleanliness and hygiene and
areas associated with immobility, such as prevention of decubitus ulcers, incontinence, malnutrition and dehydration.
(5) Assisted living service needs of the resident.
(6) Safe management techniques.
(7) Care for residents with mental illness or an intellectual disability, or
both, if the population is served in the residence.
(j) Direct care staff persons, ancillary staff persons, substitute personnel and
regularly scheduled volunteers shall be trained annually in the following areas:
(1) Fire safety completed by a fire safety expert or by a staff person trained
by a fire safety expert. Videos prepared by a fire safety expert are acceptable
for the training if accompanied by an onsite staff person trained by a fire safety
expert.
(2) Emergency preparedness procedures and recognition and response to
crises and emergency situations.
(3) Resident rights.
(4) The Older Adult Protective Services Act (35 P.S. §§ 10225.101—
10225.708).
(5) Falls and accident prevention.
(6) New population groups that are being served at the residence that were
not previously served, if applicable.
(k) If a staff person has completed the required initial direct care staff person
training within the past year as a direct care staff person at another residence, the
requirement for initial direct care staff person training in this section does not
apply if the staff person provides written verification of completion of the training.
(l) A record of training including the staff person trained, date, source, content, length of each course and copies of any certificates received, shall be kept.
§ 2800.66. Staff training plan.
(a) A staff training plan shall be developed annually.
(b) The plan must include training aimed at improving the knowledge and
skills of the residence’s direct care staff persons in carrying out their job responsibilities. The staff training plan must include the following:
(1) The name, position and duties of each direct care staff person.
(2) The required training courses for each staff person.
(3) The dates, times and locations of the scheduled training for each staff
person for the upcoming year.
(c) Documentation of compliance with the staff training plan shall be kept.
§ 2800.67. Training institution registration.
(a) An institution and the course of study offered by an educational institution, association, professional society or organization for the purpose of educating and qualifying applicants for certification as assisted living residence administrators shall be registered and approved by the Department prior to offering the
course of study.
(b) An application for registration of an institution and approval of a course
of study shall be submitted to the Department on a form provided by the Department and include the following information:
(1) The full name, address, telephone number, facsimile number and electronic mail address of the prospective training provider, each instructor and the
program coordinator.
(2) The training objectives, instructional materials, content and teaching
methods to be used and the number of clock hours.
(3) The recommended class size.
(4) The attendance certification method.
(5) Proof that each course instructor is certified by the Department to conduct administrator training.
(6) The subject that each instructor will teach and documentation of the
instructor’s academic credentials, instructional experience and work experience
to teach the subject.
(7) The location of the training site, which shall accommodate the number
of anticipated participants.
(c) A request to amend a Department-approved course of study shall be submitted for the Department’s review and approval prior to implementation of a
change in the course of study.
(d) The training institution shall issue a training certificate to each participant
who successfully completes the Department-approved course and passes the competency test. Each training certificate must indicate the participant’s name, the
name of the training institution, the date and location of the training and the
number of clock hours completed for each training topic.
§ 2800.68. Instructor approval.
(a) Training for assisted living residence administrators provided by an individual who is not certified as an instructor by the Department will not be considered valid training.
(b) To receive the Department’s certification as an approved instructor for
assisted living residence administrators, an instructor shall successfully complete
the Department’s train-the-trainer course. The train-the-trainer course is designed
to provide and reinforce basic training skills, including the roles and responsibilities of the trainer, training methodology, the use of instructional aids and recordkeeping.
(c) An instructor shall demonstrate competent instructional skills and knowledge of the applicable topic and meet the Department’s qualifications for the
topic being taught.
(d) An instructor is subject to unannounced monitoring by the Department
while conducting training.
(e) The Department will establish approval standards that include the following:
(1) The mechanism to measure the quality of the training being offered.
(2) The criteria for selecting and evaluating instructors, subject matter and
instructional materials.
(3) The criteria for evaluating requests to amend a course.
(4) The criteria for evaluating the effectiveness of each course.
(5) The instructor qualifications for each subject being taught.
(f) The Department may withdraw approval under the following conditions:
(1) Failure to follow the approved curriculum.
(2) Lack of trainer competency.
(3) A pattern of violations of this chapter by a residence conducting the
training.
§ 2800.69. Additional dementia-specific training.
Administrative staff, direct care staff persons, ancillary staff persons, substitute
personnel and volunteers shall receive at least 4 hours of dementia-specific training within 30 days of hire and at least 2 hours of dementia-specific training
annually thereafter in addition to the training requirements of this chapter