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10 NYCRR 766.11 — Personnel (LHCSA)
New YorkregulationNYS Department of Health (codified in NYCRR)· effective 2023-10-04
What this rule requires your agency to do
- 1Aides must receive required in-service education annually: home health aides 12 hours, personal care aides 6 hours, and advanced home health aides 18 hours (including medication management, infection control, and injection safety, under RN supervision); an annual performance assessment including at least one in-home observation visit must be conducted.(10 NYCRR 766.11 — Personnel (LHCSA))
- 2Personnel records must include verifications of employment history and qualifications, professional licenses/registrations, physical examinations/health status assessments, performance evaluations, and dates of employment/resignation/dismissal, with medical information kept separate and confidential.(10 NYCRR 766.11 — Personnel (LHCSA))
- 3The health status of all new personnel must be assessed and documented prior to assuming patient care duties, and an annual (or more frequent) health status assessment must be maintained.(10 NYCRR 766.11 — Personnel (LHCSA))
- 4For personnel with direct patient contact, the agency must maintain certificates of immunization against rubella and (for those born on/after 1/1/1957) measles, and documentation of influenza vaccination or masking during influenza season.(10 NYCRR 766.11 — Personnel (LHCSA))
- 5The agency must ensure aide qualifications per 10 NYCRR 700.2 are met and that information required by PHL 3613(3)(a)-(f) is entered into the home care services worker registry (Part 403).(10 NYCRR 766.11 — Personnel (LHCSA))
- 6The agency must develop and implement written personnel policies and procedures, reviewed at least annually and revised as necessary.(10 NYCRR 766.11 — Personnel (LHCSA))
- 7All personnel must receive an initial individual TB risk assessment, symptom evaluation, and TB test prior to employment, with annual assessments thereafter and appropriate clinical follow-up for positive findings.(10 NYCRR 766.11 — Personnel (LHCSA))
- 8Prior to patient contact, the agency must verify employment history/recommendations and conduct a criminal history record check to the extent required by Part 402.(10 NYCRR 766.11 — Personnel (LHCSA))
Applies to: personal care
LHCSA personnel regulation setting requirements for written personnel policies, aide qualifications and registry entry, health assessments/immunizations/TB testing, background checks, personnel records, in-service education hours, and bloodborne-pathogen programs.
Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.