Section 390.680 Direct Support Persons

Section 390

Section 390.680  Direct

Support Persons

a)

A facility shall not employ an individual as a nursing

assistant, home health aide,

Direct Support Person (DSP),

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

or DSP

if that individual is not on the Health Care Worker Registry unless

the individual is enrolled in a training program under Section 3-206(a)(5)

of

the

Act.

(Section 3-206.01 of the Act)

b)         A DSP that is not listed on the Health Care Worker Registry

shall provide documentation of completion of, or enrollment in, a DSP training

program or a Department-approved basic nursing assistant training program (see

77 Ill. Adm. Code 395).  The program shall be successfully completed no later

than 120 days after the date of initial employment. Programs approved in

accordance with 77 Ill. Adm. Code 395 may last longer than 120 days.  However,

a DSP may be employed no more than 120 days prior to the successful completion

of the program.

c)         Each person employed by the facility as a DSP shall meet each

of the following requirements:

1)

Be at least sixteen 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 2 years prior to

his or her present

employment

.

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

4)

Have completed at least 8 years of grade school or provide

proof of equivalent knowledge

stand 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 2 years prior to

his or her present

employment

.

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

4)

Have completed at least 8 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

or

DSPs

, approved by the Department, within 45 days of initial employment

in the capacity of a nursing assistant

or DSP

at any facility. Courses

of training shall be successfully completed within 120 days of initial

employment in the capacity of nursing assistant

or DSP

at a facility.

Nursing assistants

and DSPs

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)

6)

Be familiar with and have general skills related to

resident care.

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

d)

It is unlawful for any facility to employ any person in the

capacity of nursing assistant

or DSP

, or under any other title, not

licensed by the State of Illinois to assist in the personal, medical, or

nursing care of residents in

the

facility unless

the

person has

complied with this Section.

(Section 3-206(c) of the Act)  The facility

shall verify on the Health Care Worker Registry that each nursing assistant or

DSP employed by the facility meets the requirements of this Section.  The

facility shall print the employee's Registry profile as documentation of this

verification and maintain a copy as part of the employee's personnel record

s

the

person has

complied with this Section.

(Section 3-206(c) of the Act)  The facility

shall verify on the Health Care Worker Registry that each nursing assistant or

DSP employed by the facility meets the requirements of this Section.  The

facility shall print the employee's Registry profile as documentation of this

verification and maintain a copy as part of the employee's personnel record.

e)         During inspections of the facility, when potential problems

arise regarding the care provided by DSPs, or when other evidence of inadequate

training is observed, the Department may require DSPs to demonstrate competency

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

program curriculum described in the rules governing training programs for DSPs

(see 77 Ill. Adm. Code 395.320).  The State-approved manual skills evaluation

testing format and forms will be used to determine competency of a DSP when

appropriate.  Failure to demonstrate competency of the principles, techniques

and procedures shall result in the provision of in-service training to the

individual by the facility.  The in-service training shall address the DSP

training principles and techniques relative to the procedures in which the DSPs

are found to be deficient during inspection (see 77 Ill. Adm. Code 395).