65G-2.008. Staffing Requirements

(1) The licensee shall employ adequate staff to maintain the facility in a manner that promotes and ensures the health, safety, and welfare of residents, and protects those who are not residents of the facility from any known dangerous behaviors that the residents exhibit. A violation of this subsection shall constitute a Class I violation.

(a) The appropriate number and type of staff employed by the licensee is dependent upon a number of factors including state and/or federal requirements, court orders, the number of residents and their unique service requirements, the competency, training, and education of staff, and the range of services offered. At a minimum, the licensee shall maintain the staffing pattern delineated and described on its most recent application for licensure. A violation of this paragraph shall constitute a Class II violation.

(b) At least one staff person must be present at all times while clients are in the facility unless the licensee has received Agency approval for a specified client to be left alone for limited periods of time during the day or night pursuant to paragraph 65G-2.009(6)(b), F.A.C. A violation of this paragraph shall constitute a Class I violation.

(c) Direct service providers shall not be under the influence of alcoholic beverages or illegal controlled substances to the extent their normal faculties are impaired. For purposes of this paragraph “normal faculties” include but are not limited to the ability to see, hear, walk, talk, judge distances, drive an automobile, make judgments, act in emergencies and, in general, to normally perform the many mental and physical acts of daily life. A violation of this paragraph shall constitute a Class I violation.

(d) Direct service providers shall be at least 18 years of age. A violation of this paragraph shall constitute a Class III violation.

(e) Direct service providers must have at least a high school diploma or equivalent. When determining the equivalency of high school diplomas, providers may accept official transcripts, affidavits from educational institutions, and other formal or legal documents that can be reasonably used to determine educational background. Direct service providers who have been hired using the best judgment of the licensee prior to the date of this rule revision, are exempt from this education-related documentation screening requirement. A violation of this paragraph shall constitute a Class III violation.

(f) Prior to beginning employment, direct service providers must have at least one year of experience in a medical, psychiatric, nursing or childcare setting or working with persons with a developmental disability.  Successfully completed college, vocational or technical training equal to 30 semester hours, 45 quarter hours, or 720 classroom hours in special education, mental health, counseling, guidance, social work or health and rehabilitative services can substitute for the required experience. Direct service providers hired by the licensee prior to July 1, 2014, shall continue to be exempt from this paragraph. Licensees may allow direct service providers to begin their employment without meeting the experience requirements described within this section if such direct service providers spend their first 90 days of employment working directly under the supervision or oversight of another direct service provider who does possess the required experience requirements. For purposes of this section, “direct supervision or oversight” refers to the physical presence of a direct service provider who meets the experience requirements and who is immediately available for assistance as needed and who at all times shall be under the same contiguous roof line as the direct service provider who does not meet the one year experience requirement. The direct service provider who does not meet the one year experience requirement may take residents out of the facility only if accompanied by another direct service provider who meets the one-year experience requirement as long as the experienced direct service provider remains at all times within 100 feet of the direct service provider who does not meet the one year experience requirement. If such arrangements will be made for a direct service provider, the licensee shall provide written notification to the Regional Office, to include the name of the direct service provider and the facility in which he or she will be working, no later than five business days after the direct service provider starts employment with the licensee. The licensee shall conduct a performance evaluation of any direct service provider employed under the exception to the experience requirement of this paragraph no later than 120 days after the direct service provider began his or her employment with the licensee. This performance evaluation shall, at a minimum, include an assessment of the direct service provider’s ability to perform the prescribed duties of his or her position. Documentation of this performance evaluation shall be maintained within the personnel file of the direct service provider and made available to the Agency upon request. A violation of this paragraph shall constitute a Class III violation.

(g) Direct service providers must be capable of demonstrating effective communication with the residents of the homes as well as other individuals such as waiver support coordinators, Agency staff, family members of residents, and others who routinely interact with residential staff. A violation of this paragraph shall constitute a Class III violation.

(h) Direct service providers must be mentally competent to comprehend, comply with, and implement all requirements provided by law and Agency rule for the provision of services rendered to residents of their facilities. In addition, they must be physically capable of performing duties for which they are responsible. A violation of this paragraph shall constitute a Class II violation.

(2) The licensee must comply with the screening requirements established in Section 393.0655, and Chapter 435, F.S. A violation of this subsection shall constitute a Class I violation.

(3) Licensees are responsible for assuring that all direct service providers who transport clients have a valid driver’s license. Direct service providers who are responsible for transporting clients shall not possess driving violations, committed within the past three years, which relate to driving under the influence of alcohol or drugs or any other moving violation(s) which resulted in the suspension or revocation of that direct service provider’s license. Direct service providers must obey all traffic laws while transporting residents. A violation of this subsection shall constitute a Class III violation.

(4) On at least an annual basis, all licensees must access the Florida Department of Law Enforcement’s Sex Offender/Predator Database for the purposes of identifying database registrants who reside within a one-mile radius of the facility. The licensee shall notify staff of the location of sexual offenders or predators who live within one mile of the facility. A violation of this subsection shall constitute a Class III violation.

(5) If a licensee, direct service provider, volunteer, or any other person working in the facility has been identified as an alleged perpetrator in an active protective investigation of abuse, neglect, or exploitation of a vulnerable adult under Chapter 415, F.S., or abuse, abandonment, or neglect of a child under Part II of Chapter 39, F.S., and the protective services investigator states a reasonable suspicion that the abuse, neglect, exploitation or abandonment has occurred, the alleged perpetrator shall be prohibited from being alone with facility residents until the investigation is closed.

(a) The alleged perpetrator may still provide direct services to facility residents if the alleged perpetrator is under the constant visual supervision of another person working in the facility who has not been named as the alleged perpetrator in an ongoing protective investigation.

(b) This subsection is only applicable in situations where the licensee has been made aware of the aforementioned investigation.

(c) A violation of this subsection shall constitute a Class I violation.

(6) All licensees with employees shall develop and maintain the following personnel policies, procedures and records:

(a) Job descriptions for paid staff;

(b) Documentation of all facility staff training, including a record of training dates, training content and trainers, and staff in attendance, shall be kept on file;

(c) Separate personnel records for each full and part-time employee that contain written documentation of the employees’ education, qualifications experience, references, background screening, staff training participation, and any disciplinary action taken against the employee; and,

(d) A weekly written schedule indicating staff coverage for at least one week in advance. Weekly schedules of actual staff coverage shall be maintained for a six-month period and provided to the Regional Office upon request.

(e) A violation of this subsection shall constitute a Class III violation.

(7) Staff Training Requirements. Written documentation of all required staff training must be maintained by the licensee for at least three years following the receipt of such training and be made available to the Agency upon request.

(a) All direct service providers must complete the Agency’s Direct Care Core Competency training within 90 days of first providing services or supports to residents.

(b) All direct service providers hired to work in licensed residential facilities subsequent to the date of this rule revision must complete the Agency’s Zero Tolerance training curriculum on the detection, prevention, and reporting of abuse, neglect, and exploitation prior to providing direct services. The Zero Tolerance curriculum, effective June 1, 2014, consists of the Zero Tolerance Classroom Participant’s Manual, https://www.flrules.org/Gateway/reference.asp?No=Ref-04211, the Zero Tolerance Facilitator’s Guide, https://www.flrules.org/Gateway/reference.asp?No=Ref-04212, https://www.flrules.org/Gateway/reference.asp?No=Ref-04213, and the “Zero Tolerance – a statewide initiative to end abuse, neglect, and exploitation,” (overhead Power Point) which are hereby incorporated by reference. A copy of the Zero Tolerance curriculum materials may be obtained from the Agency’ Central Office. In addition, all direct service providers must complete a refresher Zero Tolerance training course every three years. Staff must be able to successfully demonstrate their knowledge of required abuse reporting procedures both in theory and in practice.

(c) All direct service providers must complete a basic first aid course, including instruction in the abdominal thrust maneuver and cardio-pulmonary resuscitation (CPR), and shall maintain a current certification in CPR within 90 days of providing direct services. Online or computer-based courses are not acceptable for meeting this requirement; such training must be provided in a classroom setting by a certified trainer. Facilities shall ensure there is always at least one direct service provider with current CPR certification onsite when residents are present.

(d) All staff must complete an educational course on HIV/AIDS, within 90 days of providing direct services.

(e) For those residents with behavior plans, facilities shall comply with the requirements of Chapter 65G-8, F.A.C.

(f) A violation of this subsection shall constitute a Class III violation.

Rulemaking Authority 393.501(1), 393.067 FS. Law Implemented 393.0655, 393.067 FS. History‒New 7-1-14, Amended 8-6-17.