N.J. Admin. Code § 10:44A-2.4

Current through Register Vol. 56, No. 19, October 7, 2024

Section 10:44A-2.4 - Personnel

(a) Personnel practices shall comply with all applicable Federal, State and local laws, ordinances, rules and regulations pertaining to employment, including civil rights, retirement plans or social security, minimum wages, hours and workers compensation.

(b) The licensee shall ensure that no applicant or employee comes into direct contact with individuals served until they have been fingerprinted and a determination has been made by the Department of Human Services that the applicant or employee is not disqualified, in accordance with N.J.S.A. 30:6D-63 through 69 (criminal history background checks).

1. A licensee shall not employ any person who has been adjudged civilly or criminally liable for abuse of a developmentally disabled person.

2. Criminal history record background checks shall be conducted at least once every two years for a community agency's head and its employees.

3. Any individual who is required to undergo a criminal history record background check and refuses to consent to, or cooperate in, the securing of a criminal history record background check shall be immediately removed from the person's position and the person's employment shall be terminated.

(c) A licensee shall not hire, maintain the employment of, contract for, or utilize as a volunteer who provides services to individuals on a planned basis, any person who is placed on the Central Registry, or who is included on the child abuse registry of the Department of Children and Families.

(d) All employees who may come into contact with individuals served shall be subject to and comply with the requirements for drug testing for controlled dangerous substances, in accordance with N.J.S.A. 30:6D-9.5.

(e) Prior to hiring any staff or utilizing a volunteer who provides services to individuals on a planned basis, the licensee shall secure and maintain:

1. A signed application for employment from each applicant, indicating the applicant's name, address, and telephone number, education and disclosure of the presence or absence of criminal convictions;

2. A minimum of two documented references:

i. The licensee shall check a minimum of the two most recent work references or, if not available, a minimum of two personal references;

ii. The licensee shall document all reference checks and maintain such reference checks in the applicant's personnel record;

iii. Each reference check shall include, at a minimum, the name of the person giving the reference, the name of the person taking the reference, and the date that the reference was obtained; and

iv. References from family members of the applicant shall not be accepted.

3. A current job description that, at a minimum, shall include the following:

i. A position statement that documents overall job responsibilities, including the requirement that the employee cooperate with the licensee and Department staff in any inspection, inquiry, or investigation:

ii. A list of specific duties;

iii. The minimum qualifications;

iv. The positions supervised, if applicable;

v. The reporting supervisor; and

vi. The requirements for checks of criminal background, the central registry, the child abuse registry, and drug testing.

(f) Upon employment, direct support professionals shall submit a written statement from a licensed physician or advanced practice nurse indicating that he or she is in good health. Such statement shall be based on a medical examination conducted within the 12 months immediately preceding the direct support professional's starting date with the licensee.

(g) Within one year prior to or upon beginning work, each direct service staff member shall take a Mantoux tuberculin skin test with five TU (tuberculin units) of PPD tuberculin or an IGRA blood test.

1. The direct support professional shall submit to the licensee written documentation of the results of any testing or certification.

2. If the direct support professional has had a previous positive Mantoux tuberculin skin test, if the Mantoux tuberculin skin test is significant (10 or more millimeters (mm) of induration), or if the IGRA blood test is positive, the staff member shall submit to the licensee a statement from his or her physician or advanced practice nurse certifying that he or she poses no threat of tuberculosis contagion before he or she is allowed to come in contact with individuals being served and other staff.

3. If the Mantoux tuberculin skin test is insignificant (zero to nine mm of induration), or the IGRA blood test is negative, no further testing shall be required.

i. The Office of Licensing or the licensee may, at any time, require a direct support professional to retake the Mantoux tuberculin skin test, if there is a reason to believe or suspect that the staff member may have contracted tuberculosis or if the Department of Health recommends re-testing.

4. The licensee shall prohibit any direct support professional who fails to submit satisfactory results from a medical practitioner from having contact with the individuals receiving services or other staff.

5. Upon any known or suspected exposure to a confirmed case of M. Tuberculosis, the licensee shall consult with the local health department and maintain documentation that all requirements for follow up testing were met.

N.J. Admin. Code § 10:44A-2.4

Amended by 55 N.J.R. 171(a), effective 2/6/2023