Section 350.680 Direct Support Persons (DSP)

Section 350

Section 350.680

Direct

Support Persons (DSP)

a)

A facility shall not employ an individual as a

nursing

assistant,

habilitation aide,

home health aide

, a

developmental disabilities aide, or a direct support person

, or newly hired

as an individual who may have access to a resident, a resident's living

quarters, or a resident's personal, financial, or medical records,

unless

the facility has checked the

Department's Health Care Worker Registry and

the individual is listed on the Health Care Worker Registry as eligible to work

for a health care employer.

The facility shall not employ an individual

as a nursing assistant, habilitation aide,

a developmental disabilities

aide, or a direct support person,

if that individual is not on the registry

unless the individual is enrolled in a training program under

Section 3-206

(a)(5) of the Act and Section 350.683.  (Section 3-206.01 of the Act)

b)         Each of the facility's DSPs shall comply with one of the

following conditions no later than 45 days after the date of initial employment:

1)         Is active on the Department's Health Care Worker Registry and

has met the training or equivalency requirements of Section 350.683.

2)

Begin

a current course of training for nursing

assistants or habilitation aides, approved by the Department within 45 days

after

initial employment

(see 77 Ill. Adm. Code 395).

The training shall be

successfully completed within 120 days after initial employment

, except as

provided in subsection (d).

Nursing assistants, habilitation aides, and

child care aides who are enrolled in approved courses in community colleges or

other educational institutions on a term, semester or trimester basis, shall be

exempt from the 120-day completion time limit

.  (Section 3-206(a)(5) of the

Act)

3)         Submits documentation pursuant to Section 350.683 to be placed

on the Health Care Worker Registry as a nursing assistant, habilitation aide, DSP,

or developmental disabilities aide

approved courses in community colleges or

other educational institutions on a term, semester or trimester basis, shall be

exempt from the 120-day completion time limit

.  (Section 3-206(a)(5) of the

Act)

3)         Submits documentation pursuant to Section 350.683 to be placed

on the Health Care Worker Registry as a nursing assistant, habilitation aide, DSP,

or developmental disabilities aide.

c)         Each person employed by the facility as a DSP or a

habilitation aide shall meet each of the following requirements:

1)

Be at least 16 years of age, of temperate habits and good

moral character, honest, reliable, and trustworthy.

(Section 3-206(a)(1) of

the Act)

2)

Be able to speak and understand the English language or a

language understood by a substantial percentage of the facility's residents.

(Section 3-206(a)(2) of the Act)

3)

Provide evidence of

prior

employment or occupation,

if any, and residence for two years prior to

present

employment.

(Section 3-206(a)(3) of the Act)

4)

Have completed at least eight years of grade school or

provide proof of equivalent knowledge.

(Section 3-206(a)(4) of the Act)

5)

Begin a current course of training for nursing assistants,

habilitation aides,

a developmental disabilities aide, or a direct support

person

, approved by the Department, within 45 days

after

initial

employment in the capacity of a nursing assistant, habilitation aide,

a

developmental disabilities aide, or a direct support person,

at any facility

.

The

courses of training shall be successfully completed within 120 days

after

initial employment in the capacity of nursing assistant, habilitation

aide,

a developmental disabilities aide, or a direct support person,

at

a facility, except that, during a statewide public health emergency, as defined

in the Illinois Emergency Management Agency Act, training shall be completed to

the extent feasible

.  (Section 3-206(a)(5) of the Act)

6)         Comply

with Section 395.150 of the Long-Term Care Assistants and Aides Training

Programs Code

n

aide,

a developmental disabilities aide, or a direct support person,

at

a facility, except that, during a statewide public health emergency, as defined

in the Illinois Emergency Management Agency Act, training shall be completed to

the extent feasible

.  (Section 3-206(a)(5) of the Act)

6)         Comply

with Section 395.150 of the Long-Term Care Assistants and Aides Training

Programs Code.

7)

Be

familiar with and have general skills related to resident care.

(Section

3-206(a)(6) of the Act)

8)

Perform

their duties under the supervision of a licensed nurse or other appropriately

trained, licensed, or certified personnel.

(Section 3-206(b) of the Act)

d)

Nursing assistants, habilitation aides

, developmentally

disabilities aides, or direct support persons

who are enrolled in approved

courses in community colleges or other educational institutions on a term,

semester or trimester basis, shall be exempt from the 120-day completion time

limit

.  (Section 3-206(a)(5) of the Act)

e)

Each facility shall certify

to the Department that

each

DSP and habilitation aide

subject to

Section 3-206 of the Act

meets

all the requirements of

the Act and this Section, and shall maintain

proof

of compliance by each employee with the requirements set out in this Section

shall be maintained for each such employee by each facility in the individual

personnel folder of the employee. Proof of training shall be obtained only from

the Health Care Worker Registry.  Each facility shall obtain access to the

Health Care Worker Registry's web application, maintain the employment and

demographic information relating to each employee, and verify by the category

and type of employment that each employee subject to this Section meets all the

requirements of

the Act and this Section

Proof of training shall be obtained only from

the Health Care Worker Registry.  Each facility shall obtain access to the

Health Care Worker Registry's web application, maintain the employment and

demographic information relating to each employee, and verify by the category

and type of employment that each employee subject to this Section meets all the

requirements of

the Act and this Section

.

(Section 3-206(d) and (e)

of the Act)

f)         During inspections of the facility and pursuant to Section

3-206(a)(5) of the Act, the Department may require DSPs to demonstrate

competency in the principles, techniques, and procedures covered by the DSP

training program curriculum described in 77 Ill. Adm. Code 395.320, when

possible problems in the care provided by DSPs or other evidences of inadequate

training are observed.  If the DSP fails to demonstrate competency, the

facility shall provide in-service training to the DSP.  The in-service training

shall address the DSP training principles, techniques, and procedures in which

the DSP is found to be deficient during inspection (see 77 Ill. Adm. Code 395).