481—57.12 (135C) Personnel.
	 57.12(1) General qualifications.
	  a.   	 No person with a current record of habitual alcohol intoxication or addiction to the use of drugs shall serve in a managerial role of a residential care facility. (II)
	  b.   	 No person under the influence of alcohol or intoxicating drugs shall be permitted to provide services in a residential care facility. (II)
	  c.   	 No person shall be allowed to provide services in a facility if the person has a disease;
	 (1) 	 Which is transmissible through required workplace contact, (I, II, III)
	 (2) 	 Which presents a significant risk of infecting others, (I, II, III)
	 (3) 	 Which presents a substantial possibility of harming others, and (I, II, III)
	 (4) 	 For which no reasonable accommodation can eliminate the risk. (I, II, III)
Refer to Guidelines for Infection Control in Hospital Personnel, Centers for Disease Control, U.S. Department of Health and Human Services, PB85-923402 to determine (1), (2), (3) and (4).
	  d.   	 Reserved.
	  e.   	 Individuals with either physical or mental disabilities may be employed for specific duties, but only if that disability is unrelated to that individual’s ability to perform the duties of the job. (III)
	 57.12(2) Supervision and staffing.
	  a.   	 Staffing.
	 (1) 	 In a facility that is licensed for more than one level of care, where the facility consists of a single building or of contiguous buildings, the department shall establish on an individual facility basis the numbers and qualifications of the staff required in a residential care facility, based on the needs of the residents in that facility.
	 (2) 	 In a facility licensed only for residential care the facility shall provide the following minimum staffing ratios of personal care staff:
Days—1:25 or less (II, III)
Evenings—1:35 or less (II, III)
Nights—1:45 or less (II, III)
Additional staffing above the minimum ratio may be required by the department commensurate with the needs of individual residents.
	  b.   	 Personnel in a residential care facility shall provide 24-hour coverage for residential care services. Personnel shall be up and dressed at all times in facilities over 15 beds. (II, III)
	  c.   	 Direct care staff shall be present in the facility unless all residents are involved in activities away from the facility. (II, III)
	  d.   	 Physician’s orders shall be implemented by qualified personnel. (II, III)
	 57.12(3) Employee criminal record checks, child abuse checks and dependent adult abuse checks and employment of individuals who have committed a crime or have a founded abuse. The facility shall comply with the requirements found in Iowa Code section 135C.33 as amended by 2013 Iowa Acts, Senate File 347, and rule 481—50.9(135C) related to completion of criminal record checks, child abuse checks, and dependent adult abuse checks and to employment of individuals who have committed a crime or have a founded abuse. (I, II, III)
[ARC 0903C, IAB 8/7/13, effective 9/11/13]