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Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

Vol. 2007, No. 15 (08/01/2007) PDF - Administrative Rules - Utah.gov

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DAR File <strong>No</strong>. 3<strong>01</strong>80<br />

NOTICES OF PROPOSED RULES<br />

(iii) emergency contact with name, address and telephone<br />

number; and<br />

(iv) in residential programs and programs where clients<br />

consume medications, a current, full-face photo kept at the location<br />

where medications are administered;<br />

(f) health records of a client, including:<br />

(i) in programs serving children, immunizations;<br />

(ii) medical needs, medication, and allergies; and<br />

(iii) in residential programs, physical, dental, hearing, and<br />

vision examinations;<br />

(g) signed consent forms for treatment;<br />

(h) signed and completed release of information form(s);<br />

(i) the client's individual treatment or service plan;<br />

(j) the client's progress records;<br />

(k) a copy of all incident reports involving the client;<br />

(l) a copy of all search reports involving the client;<br />

(m) a copy of all transfer and placement reports involving the<br />

client;<br />

(n) a record of family visits; and<br />

(o) a record of attendance and absences.<br />

(2) The program shall have a personnel file for each staff,<br />

which shall include:<br />

(a) his or her job description;<br />

(b) application for employment or resume;<br />

(c) current address and telephone numbers;<br />

(d) copies of required credentials and certifications, including<br />

but not limited to diplomas and licenses;<br />

(e) verification of work experience and qualifications for the<br />

staff position held;<br />

(f) food handler permit, if staff prepare food for clients;<br />

(g) training record;<br />

(h) annual performance evaluations and proficiency<br />

evaluations;<br />

(i) documentation of disciplinary actions;<br />

(j) completed IRS I-9 Form;<br />

(k) current background screening approval verifications;<br />

(l) a signed copy of the current Department of Human Services<br />

Provider Code of Conduct, for programs that are contracted to<br />

provide services to the Department of any or its Divisions; and<br />

(m) copy of current driver's license for all staff who transport<br />

clients.<br />

(3) A program shall retain all records relating to a client or<br />

staff for a minimum of 8 years after the date the client or staff is<br />

discharged, terminated, or otherwise departs the program, and for a<br />

minimum of 4 years after a client or staff who is a child attains the<br />

age of 18 years.<br />

(a) Current staff and client records shall be maintained on-site<br />

and shall be immediately available to the Office of Licensing upon<br />

request.<br />

(b) Former staff and client records may be maintained off-site<br />

and made available to the Office of Licensing within 24 hours of<br />

request.<br />

(4) All manuals and other program records shall be available to<br />

the Office of Licensing upon request for a minimum of 8 years from<br />

the date they expired or were superceded. A program:<br />

(a) shall maintain copies of all written reports and certificates<br />

of clearance issued by the fire inspector;<br />

(b) that is required to have fire sprinklers shall maintain copies<br />

of all written reports issued by the fire sprinkler inspector;<br />

(c) shall maintain copies of all written reports and certificates<br />

issued by the building inspector; and<br />

(d) shall maintain copies of all written reports and certificates<br />

issued by the local health inspector.<br />

(5)(a) Staff and client records shall be maintained in locked<br />

storage when not in active use.<br />

(b) Unlocked staff and client records shall not be left<br />

unattended. Direct care staff shall remain within immediate reach of<br />

unlocked records at all times.<br />

(6) The on duty staff-in-charge shall have access to all locked<br />

files, including computer files, and make them immediately<br />

available to the Office of Licensing upon request.<br />

A program that does not grant a staff-in-charge access to all<br />

locked staff files shall have an on-call staff with access and shall<br />

make staff files available to the Office of Licensing within one hour<br />

of a request.<br />

(7) A licensed program with more than one site may locate its<br />

staff files at one licensed site, however client files and other records<br />

shall be available at the licensed site where the client resides, or in<br />

non-residential programs, where the client receives services.<br />

(8) A current roster of all clients shall be available on site at all<br />

times.<br />

The roster shall include each client's name, date of birth, sex,<br />

emergency contact information, and date of admission.<br />

In a residential program, the current location of any client who<br />

is off-site shall be maintained in the roster or a log established for<br />

that purpose.<br />

(9) A program's rules shall be provided to clients and clients'<br />

guardians, and shall be available to a client's clergy or attorney upon<br />

request.<br />

R5<strong>01</strong>-2-7. Direct Service Management.<br />

(a) A program shall have written policies and procedures that<br />

describe the appropriate treatment of clients, and shall prohibit the<br />

abuse, neglect, maltreatment, and exploitation of clients.<br />

(b) Staff shall not abuse, neglect, maltreat, or exploit any client<br />

through any act or omission.<br />

(c) Staff shall not encourage or fail to deter the acts or<br />

omissions of another that abuse, neglect, maltreat, or exploit any<br />

client.<br />

(d) Staff shall not engage in criminal conduct.<br />

(2) The program shall have a written eligibility policy and<br />

procedure that shall include:<br />

(a) legal status;<br />

(b) age and sex of client;<br />

(c) client needs or problems best addressed by program;<br />

(d) program limitations; and<br />

(e) placement.<br />

(3) Admission policy and procedures shall include:<br />

(a) written intake screening conducted prior to a client's<br />

admission that determines whether a prospective client meets the<br />

program's eligibility standards;<br />

(b) age of clients served, as approved by the Office of<br />

Licensing;<br />

(i) a program shall not provide services to children and adults<br />

without first obtaining the written approval of the Office of<br />

Licensing;<br />

(ii) a residential program shall not locate the bedrooms or<br />

bathrooms of children on the same wing, corridor, or floor with adult<br />

clients;<br />

A program providing services only to women and their children<br />

is excepted from this subsection(3)(b)(ii).<br />

UTAH STATE BULLETIN, August 1, <strong>2007</strong>, <strong>Vol</strong>. <strong>2007</strong>, <strong>No</strong>. <strong>15</strong> 33

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