§ 611.55. Competency requirements.
(a) Prior to assigning or referring a direct care worker to provide services to a consumer, the home care agency or home care registry shall ensure that the direct care worker has done one of the following:
(1) Obtained a valid nurse’s license in this Commonwealth.
(2) Demonstrated competency by passing a competency examination developed by the home care agency or home care registry which meets the requirements of subsections (b) and (c).
(3) Successfully completed one of the following:
(i) A training program developed by a home care agency, home care registry, or other entity which meets the requirements of subsections (b) and (c).
(ii) A home health aide training program meeting the requirements of 42 CFR 484.36 (relating to the conditions of participation; home health aide services).
(iii) The nurse aid certification and training program sponsored by the Department of Education and located at www.pde.state.pa.us.
(iv) A training program meeting the training standards imposed on the agency or registry by virtue of the agency’s or registry’s participation as a provider in a Medicaid Waiver or other publicly funded program providing home and community based services to qualifying consumers.
(v) Another program identified by the Department by subsequent publication in the Pennsylvania Bulletin or on the Department’s web site.
(b) A competency examination or training program developed by an agency or registry for a direct care worker must address, at a minimum, the following subject areas:
(1) Confidentiality.
(2) Consumer control and the independent living philosophy.
(3) Instrumental activities of daily living.
(4) Recognizing changes in the consumer that need to be addressed.
(5) Basic infection control.
(6) Universal precautions.
(7) Handling of emergencies.
(8) Documentation.
(9) Recognizing and reporting abuse or neglect.
(10) Dealing with difficult behaviors.
(c) A competency examination or training program developed by an agency or registry for a direct care worker who will provide personal care must address the following additional subject areas:
(1) Bathing, shaving, grooming and dressing.
(2) Hair, skin and mouth care.
(3) Assistance with ambulation and transferring.
(4) Meal preparation and feeding.
(5) Toileting.
(6) Assistance with self-administered medications.
(d) The home care agency or home care registry shall include documentation of the direct care worker’s satisfactory completion of competency requirements in the direct care worker’s file. If the direct care worker has a nurse’s license or other licensure or certification as a health professional, the individual’s file shall include a copy of the current license or certification. Documentation of satisfactory completion of competency requirements is transferable from one home care agency or registry to another home care agency or registry, provided the break in the individual’s employment or roster status does not exceed 12 months.
(e) The home care agency or home care registry also shall include documentation in the direct care worker’s file that the agency or registry has reviewed the individual’s competency to perform assigned duties through direct observation, testing, training, consumer feedback or other method approved by the Department or through a combination of methods. The competency review must occur at least once per year after initial competency is established, and more frequently when discipline or other sanction, including, for example, a verbal warning or suspension, is imposed because of a quality of care infraction.
(f) A direct care worker employed by a home care agency or rostered by the home care registry on December 12, 2009, shall achieve compliance with the competency requirements imposed by this chapter by December 12, 2011.
Cross References This section cited in 28 Pa. Code § 611.51 (relating to hiring or rostering of direct care workers); and 28 Pa. Code § 611.54 (relating to provisional hiring).
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