DAR File No. 39232

Health, Family Health and Preparedness, Licensing

Rule R432-725

Personal Care Agency Rule

Notice of Proposed Rule

(Amendment)

DAR File No.: 39232
Filed: 03/16/2015 02:36:10 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to clearly define the definition of what services a personal care agency may provide; and to add a rule that lists the documentation required in the personal care agency employee files.

Summary of the rule or change:

In Subsection R432-725-3(2), added a section in regards to a "Transportation Service Agency" not being required to be licensed as a personal care agency. In Subsection R432-725-4(e), added the definition of a "Transportation Service Agency". In Subsection R432-725-4(c)(ii), added the process to be followed for medications to be set up in medisets by a registered nurse. In Section R432-725-13 changed the title from "Client Records" to "Facility Records"; added, records shall be protected, each client will have a separate record and a section that lists what is required to be in the employee file. The Health Facility Committee reviewed and approved these rule amendments on 11/12/2014 and 02/11/2015.

State statutory or constitutional authorization for this rule:

• Title 26, Chapter 21

Anticipated cost or savings to:

the state budget:

There is no impact to the state budget because the changes in this rule only clarify the current requirements and there is no change in current practice.

local governments:

There is no impact to local governments because the changes in this rule only clarify the current requirements and there is no change in current practice.

small businesses:

There is no impact to small because the changes in this rule only clarify the current requirements and there is no change in current practice.

persons other than small businesses, businesses, or local governmental entities:

There is no impact to businesses, individuals, local governments, and persons that are not small businesses because the changes in this rule only clarify the current requirements and there is no change in current practice.

Compliance costs for affected persons:

There is no impact to affected persons because the changes in this rule only clarify the current requirements and there is no change in current practice.

Comments by the department head on the fiscal impact the rule may have on businesses:

This amendment has no impact on business because it does not make any changes to current standard practices.

David Patton, PhD, Executive Director

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Health
Family Health and Preparedness, Licensing
3760 S HIGHLAND DR
SALT LAKE CITY, UT 84106

Direct questions regarding this rule to:

• Joel Hoffman at the above address, by phone at 801-273-2804, by FAX at 801-274-0658, or by Internet E-mail at jhoffman@utah.gov
• Carmen Richins at the above address, by phone at 801-273-2802, by FAX at 801-274-0658, or by Internet E-mail at carmenrichins@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

05/15/2015

This rule may become effective on:

05/22/2015

Authorized by:

David Patton, Executive Director

R432. Health, Family Health and Preparedness, Licensing.

R432-725. Personal Care Agency Rule.

R432-725-3. Compliance.

(1[) A personal care agency consists of two or more individuals providing personal care services on a visiting basis.

(2]) A Personal Care Agency shall not exceed personal care services as defined in R432-725-4(2)([b]c).

(2) A Transportation Services Agency does not require a Personal Care Agency license.

 

R432-725-4. Definitions.

(1) See common definitions rule R432-1-3.

(2) Special definitions:

(a) "Licensed health care professional" means a registered nurse, physician assistant, advanced practice registered nurse, or physician licensed by the Utah Department of Commerce who has education and experience to assess and evaluate the health care needs of the resident.

(b) A "Personal Care Agency" consists of two or more individuals providing personal care services on a visiting basis.

(c)  "Personal Care Services" means:

(i) self-administration of medications [by]with the assistance of a Personal Care Aide which may include:

(A) Reminding the client to take medications, and

(B) Opening containers for the client;

(ii) medication set up by a Registered Nurse, which shall include:

(A) completing a functional assessment;

(B) reviewing all medication orders; and

(C) placing medication in mediset containers.

(ii i) transferring;

(i[ii]v) personal grooming and dressing;

([i]v) eating and meal preparation;

(vi) oral hygiene and denture care;

(vii) toileting and toilet hygiene;

(viii) bathing;

([vii]ix) taking and recording temperatures and weights;

([i]x) administering emergency first aid;

(xi) providing transportation.

([c]d) "Service Agreement" means a written agreement for services between the client and the personal care provider which outlines how the services are to be provided.

(e) "Transportation Services Agency" means an agency that provides transportation and does not provide any Personal Care Services.

 

R432-725-13. [Client]Personal Care Agency Records.

(1) The Personal Care Agency shall maintain accurate and complete records. Records shall be filed, stored safely, and be easily accessible to staff and the Department.

(2) Records shall be protected against access by unauthorized individuals.

(3) The Personal Care Agency shall maintain a separate record for each Client [records]which shall be retained by the agency for three years following the last date of service[;].

([3]4) The [c]Client record shall contain the following:

(a) Client's name, date of birth and address;

(b) Client service agreement;

(c) Name, address, and telephone number of the individual to be notified in case of accident, emergency or death;

(d) Documentation of date and reason for the termination of services.

(5) The Personal Care Agency shall maintain personnel records for each employee and shall retain such records for at least three years following termination of employment. Personnel records must include the following:

(a) employee application;

(b) date of employment;

(c) termination date;

(d) reason for leaving;

(e) documentation of first aid training;

(f) health inventory;

(g) TB skin test documentation; and

(h) documentation of criminal background screening authorization.

 

KEY: health care facilities

Date of Enactment or Last Substantive Amendment: [October 1, 2011]2015

Authorizing, and Implemented or Interpreted Law: 26-21