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Nursing Services Requirements for the State of Missouri

19 CSR 30-86.042 Administrative, Personnel and Resident Care Requirements for

New and Existing Residential Care Facilities I and II

PURPOSE: This rule establishes standards for administration, personnel and resident care in residential care facilities I and II.

Editor’s Note: All rules relating to long-term care facilities licensed by the Division of Aging are followed by a Roman Numeral notation which refers to the class (either class I, II or III) of standard as designated in section 198.085.1, RSMo 1986.

(E) There shall be a licensed nurse employed by the facility to work at least eight

(8) hours per week at the facility for every thirty (30) residents or additional major fraction of thirty (30). The nurse’s duties shall include, but shall not be limited to, review of residents. charts, medications and special diets or other orders, review of each resident’s adjustment to the facility and observation of each individual resident’s general physical and mental condition. The nurse shall inform the administrator/manager of any problems noted and these shall be brought to the attention of the resident’s physician. II/III

(26) All residents shall be physically and mentally capable of negotiating a normal path to safety unassisted or with the use of assistive devices. I/II

(27) Residents suffering from short periods of incapacity due to illness, injury or recuperation from surgery may be allowed to remain or be readmitted from a hospital if the period of incapacity does not exceed forty-five (45) days and written approval of a physician is obtained for the resident to remain in or be readmitted to the facility. II/III

24) Staffing for Residential Care Facility I.

(A) The facility shall have an adequate number and type of personnel on duty at all times for the proper care of residents and upkeep of the facility. At a minimum, one (1) employee shall be on duty for every forty (40) residents or fraction of forty (40) to provide protective oversight to residents and for fire safety. I/II

Staff Residents

1 1.40

2 41.80

3 81.120

4 121.160

(B) The required staff person shall be in the facility awake, dressed and prepared to assist residents in case of emergency, except that in a facility licensed for twelve (12) or fewer residents, this person may be asleep during the night hours. In a facility licensed for twenty (20) or fewer residents, the required staff person may be asleep if there is a sprinkler system or if there is a complete automatic fire detection system. I/II

(C) In a facility of more than one hundred

(100) residents, the administration/manager shall not be counted when determining the personnel required. II

(D) If the facility is opened in conjunction with and is immediately adjacent to and contiguous to another licensed long-term care facility and if

1. The resident bedrooms of the residential care facility I are on the same floor or on the ground floor immediately below that of the other licensed facility;

2. There is an approved call system in each resident’s bedroom and bathroom or a patient-controlled system connected to a nursing station of the other licensed facility;

3. There is a complete fire alarm system in the residential care facility I connected to the complete fire alarm system in the other licensed facility;

4. The staff of the other licensed facility is greater than their minimum requirements; and

5. Periodic visits to the residential care facility I are made by a staff person to determine the welfare of the resident in the residential care facility; then, for a facility serving twenty (20) or fewer residents, there need not be an attendant on duty during the day and evening shifts and the attendant may be asleep during the night shift; or if the facility is on the same floor as the other licensed facility, there need not be an attendant at night. If there are more than twenty (20) residents, there shall be at least one (1) staff person awake and dressed at all times for every forty (40) residents or fraction of forty (40) I/II

(E) Those facilities which have only an asleep attendant during the night-time period and those facilities which have only the minimum staff required by subsection (24)(D) during the night-time period shall not accept residents who are blind, use assistive devices, such as walkers or wheelchairs, or who need care greater than can be provided with the staffing pattern in those facilities. Those residents who were living in a residential care facility I prior to July 11, 1980, may remain in that facility with an asleep attendant even though they may be blind, deaf or use assistive devices provided they can demonstrate the ability to reach safety unassisted or with assistive devices. II

(25) Staffing for Residential Care Facility. II

(A) The facility shall have an adequate number and type of personnel for the proper care of residents and upkeep of the facility. At a minimum, the staffing pattern for fire safety and care of residents shall be one (1) staff person for every fifteen (15) residents or major fraction of fifteen (15) during the day shift, one (1) person for every twenty (20) residents or major fraction of twenty (20) during the evening shift and one (1) person for every twenty-five (25) residents or major fraction of twenty-five (25) during the night shift. I/II

Time Personnel Residents

7 a.m. to 3 p.m. (Day)* 1 3.15

3 p.m. to 9 p.m. (Evening)* 1 3.20

9 p.m. to 7 a.m. (Night)* 1 3.25

*If the shift hours vary from those indicated, the hours of the shifts shall show on the work schedules of the facility and shall not be less than six (6) hours. III

(B) The required staff shall be in the facility awake, dressed and prepared to assist residents in case of emergency. I/II

(C) In a facility of more than one hundred

(100) residents, the administrator shall not be counted when determining the personnel required. II

(D) If a residential care facility II is operated in conjunction with and is immediately adjacent to and contiguous to another licensed long-term care facility and if the resident bedrooms of the residential care facility

II are on the same floor as at least a portion of a licensed intermediate care or skilled nursing facility; there is an approved call system in each resident’s bedroom and bathroom or a patient-controlled call system; and there is a complete fire alarm system in the facility tied into the complete fire alarm system in the other licensed facility, then the following minimum staffing for oversight and care of residents, for upkeep of the facility and for fire safety shall be one (1) staff person for every eighteen (18) residents or major fraction of residents during the day shift, one (1) person for every twenty-five (25) residents or major fraction or residents during the evening shift and one (1) person for every thirty (30) residents or major fraction of residents during the night shift. I/II

Time Personnel Residents

7 a.m. to 3 p.m. (Day)* 1 3.18

3 p.m. to 9 p.m. (Evening)* 1 3.25

9 p.m. to 7 a.m. (Night)* 1 3.30

*If the shift hours vary from those indicated, the hours of the shifts shall show on the work schedules of the facility and shall not be less than six (6) hours. III

(E) There shall be a licensed nurse employed by the facility to work at least eight (8) hours per week at the facility for every thirty (30) residents or additional major fraction of thirty (30). The nurse’s duties shall include, but shall not be limited to, review of residents. charts, medications and special diets or other orders, review of each resident’s adjustment to the facility and observation of each individual resident’s general physical and mental condition. The nurse shall inform the administrator/manager of any problems noted and these shall be brought to the attention of the resident’s physician. II/III

 
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