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216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records)

Rhode IslandregulationRhode Island Department of Health· effective 2024-05-06

What this rule requires your agency to do

  • 1Maintain written personnel policies including annual employee performance evaluations reviewed with and signed by the employee within 45 days of the evaluation (17.5.3(C)(1)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))
  • 2Maintain a personnel file for each employee, available at all times for inspection, containing the eleven specified items including proof of work eligibility, qualifications, training records, current licensure, health-examination records, criminal-records-check findings, reference check, and orientation/annual-evaluation documentation (17.5.3(G)(1)-(11)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))
  • 3Conduct criminal records checks in accordance with R.I. Gen. Laws 23-17-34 (17.5.3(L)(1)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))
  • 4Employ a sufficient number of qualified personnel to provide effective patient care and related services (17.5.3(A)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))
  • 5Conduct an ongoing in-service education program including orientation and continuing development covering at least infection control, HIPAA general provisions, and recognition/reporting of abuse, neglect, mistreatment, and exploitation (17.5.3(D)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))
  • 6Conduct a pre-employment health screening upon hire and prior to delivering services for each individual who has or may have direct patient contact, per Part 20-15-7 (17.5.3(K)(1)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))
  • 7Electronically verify licensure/certification/registration via the Department's licensure database for every person so credentialed by the Department (17.5.3(F)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))
  • 8Establish a written job description for each classification of position delineating qualifications, duties, authority, and responsibilities (17.5.3(B)).(216-RICR-40-10-17.5.3 — Personnel (Qualifications, Files, Health Screening, Criminal Records))

Applies to: personal care

Sets personnel requirements for home nursing care and home care providers: sufficient qualified staff, job descriptions, written personnel policies with annual signed performance evaluations, ongoing in-service education (infection control, HIPAA, abuse recognition/reporting), licensure verification, individual personnel files with specified contents, pre-employment health screening, and criminal records checks. Framework topic: Personnel / Staff Qualifications and Records. This section covers 17.5.3(A)-(G) and (K)-(M); homemaker training/supervision/duties (17.5.3(H)-(J)) are covered in a companion file.

Regulatory information, not legal advice — always confirm against the cited official source. Verification reduces error; it does not certify compliance.