R432-152-6. Governing Body and Management  


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  • (1) The licensee shall identify an individual or group to constitute the governing body of the facility.

    (2) The governing body shall:

    (a) exercise general policy, budget, and operating direction over the facility; and

    (b) set the qualifications, in addition to the requirements of Title 58, Chapter 15, for the administrator of the facility.

    (3) The licensee shall comply with all applicable provisions of federal, state and local laws, regulations and codes pertaining to health, safety, and sanitation.

    (4) The licensee shall appoint, in writing, an administrator professionally licensed by the Utah Department of Commerce as a nursing home administrator. The administrator shall supervise no more than one licensed nursing care facility or mental retardation facility.

    (a) The administrator shall be on the premises of the facility a sufficient number of hours in the business day, and at other times as necessary, to permit attention to the management and administration of the facility.

    (b) The administrator shall designate, in writing, the name and title of a person to act as administrator in any temporary absence of the administrator. This designated person shall have sufficient power, authority, and freedom to act in the best interests of client safety and well-being. It is not the intent of this paragraph to permit an unlicensed de facto administrator to supplant or replace the designated, licensed administrator.

    (5) The administrator's responsibilities shall be included in a written job description on file in the facility and available for Department review. The job description must include at least the following responsibilities:

    (a) complete, submit, and file all records and reports required by the Department;

    (b) function as liaison between the licensee, qualified mental retardation professional, and other supervisory staff of the facility;

    (c) respond appropriately to recommendations made by the facility committees;

    (d) assure that employees are oriented to their job functions and receive appropriate and regularly scheduled in-service training;

    (e) implement policies and procedures for the operation of the facility;

    (f) hire and maintain the required number of licensed and non-licensed staff, as specified in these rules, to meet the needs of clients;

    (g) maintain facility staffing records for at least the preceding 12 months;

    (h) secure and update contracts for required professional and other services not provided directly by the facility;

    (i) verify all required licenses and permits of staff and consultants at the time of hire or effective date of contract;

    (j) review all incident and accident reports and take appropriate action.

    (6) The administrator, QMRP, and facility department supervisors shall develop job descriptions for each position including job title, job summary, responsibilities, qualifications, required skills and licenses, and physical requirements.

    (a) The administrator or designee shall conduct and document periodic employee performance evaluations.

    (b) All personnel shall have access to facility policy and procedure manuals and other information necessary to effectively perform duties and carry out responsibilities.

    (7) The administrator shall establish policies and procedures for health screening that meet R432-150-10-4.