Subdivision 1. Availability of contact person to staff. (a) Assisted living facilities must have a registered nurse available for consultation by staff performing delegated nursing tasks and must have an appropriate licensed health professional available if performing other delegated services such as therapies.
(b) The appropriate contact person must be readily available either in person, by telephone, or by other means to the staff at times when the staff is providing services.
Subd. 2. Delegation of assisted living services. (a) A registered nurse or licensed health professional may delegate tasks only to staff who are competent and possess the knowledge and skills consistent with the complexity of the tasks and according to the appropriate Minnesota practice act. The assisted living facility must establish and implement a system to communicate up-to-date information to the registered nurse or licensed health professional regarding the current available staff and their competency so the registered nurse or licensed health professional has sufficient information to determine the appropriateness of delegating tasks to meet individual resident needs and preferences.
(b) When the registered nurse or licensed health professional delegates tasks to unlicensed personnel, that person must ensure that prior to the delegation the unlicensed personnel is trained in the proper methods to perform the tasks or procedures for each resident and is able to demonstrate the ability to competently follow the procedures and perform the tasks. If an unlicensed personnel has not regularly performed the delegated assisted living task for a period of 24 consecutive months, the unlicensed personnel must demonstrate competency in the task to the registered nurse or appropriate licensed health professional. The registered nurse or licensed health professional must document instructions for the delegated tasks in the resident's record.
Subd. 3. Supervision of staff. (a) Staff who only provide assisted living services specified in section 144G.08, subdivision 9, clauses (1) to (5), must be supervised periodically where the services are being provided to verify that the work is being performed competently and to identify problems and solutions to address issues relating to the staff's ability to provide the services. The supervision of the unlicensed personnel must be done by staff of the facility having the authority, skills, and ability to provide the supervision of unlicensed personnel and who can implement changes as needed, and train staff.
(b) Supervision includes direct observation of unlicensed personnel while the unlicensed personnel are providing the services and may also include indirect methods of gaining input such as gathering feedback from the resident. Supervisory review of staff must be provided at a frequency based on the staff person's competency and performance.
Subd. 4. Supervision of staff providing delegated nursing or therapy tasks. (a) Staff who perform delegated nursing or therapy tasks must be supervised by an appropriate licensed health professional or a registered nurse according to the assisted living facility's policy where the services are being provided to verify that the work is being performed competently and to identify problems and solutions related to the staff person's ability to perform the tasks. Supervision of staff performing medication or treatment administration shall be provided by a registered nurse or appropriate licensed health professional and must include observation of the staff administering the medication or treatment and the interaction with the resident.
(b) The direct supervision of staff performing delegated tasks must be provided within 30 calendar days after the date on which the individual begins working for the facility and first performs the delegated tasks for residents and thereafter as needed based on performance. This requirement also applies to staff who have not performed delegated tasks for one year or longer.
Subd. 5. Documentation. A facility must retain documentation of supervision activities in the personnel records.
2019 c 60 art 1 s 16,47
Structure Minnesota Statutes
Chapter 144G — Assisted Living
Section 144G.08 — Definitions.
Section 144G.09 — Commissioner Oversight And Authority Over Assisted Living Facilities.
Section 144G.10 — Assisted Living Facility License.
Section 144G.11 — Applicability Of Other Laws.
Section 144G.12 — Application For Licensure.
Section 144G.13 — Background Studies Of License Applicants.
Section 144G.15 — Consideration Of Applications.
Section 144G.16 — Provisional License.
Section 144G.17 — License Renewal.
Section 144G.18 — Notification Of Changes In Information.
Section 144G.19 — Transfer Of License Prohibited.
Section 144G.20 — Enforcement.
Section 144G.30 — Surveys And Investigations.
Section 144G.31 — Violations And Fines.
Section 144G.32 — Reconsideration Of Correction Orders And Fines.
Section 144G.33 — Innovation Variance.
Section 144G.40 — Housing And Services.
Section 144G.401 — Payment For Services Under Disability Waivers.
Section 144G.41 — Minimum Assisted Living Facility Requirements.
Section 144G.42 — Business Operation.
Section 144G.43 — Resident Record Requirements.
Section 144G.45 — Minimum Site, Physical Environment, And Fire Safety Requirements.
Section 144G.50 — Assisted Living Contract Requirements.
Section 144G.51 — Arbitration.
Section 144G.52 — Assisted Living Contract Terminations.
Section 144G.53 — Nonrenewal Of Housing.
Section 144G.54 — Appeals Of Contract Terminations.
Section 144G.55 — Coordinated Moves.
Section 144G.56 — Transfer Of Residents Within Facility.
Section 144G.57 — Planned Closures.
Section 144G.60 — Staffing Requirements.
Section 144G.61 — Staff Competency Evaluations.
Section 144G.62 — Delegation And Supervision.
Section 144G.63 — Orientation And Annual Training Requirements.
Section 144G.64 — Training In Dementia Care Required.
Section 144G.71 — Medication Management.
Section 144G.72 — Treatment And Therapy Management Services.
Section 144G.84 — Services For Residents With Dementia.
Section 144G.90 — Required Notices.
Section 144G.91 — Assisted Living Bill Of Rights.
Section 144G.911 — Restrictions Under Home And Community-based Waivers.
Section 144G.92 — Retaliation Prohibited.
Section 144G.93 — Consumer Advocacy And Legal Services.
Section 144G.9999 — Resident Quality Of Care And Outcomes Improvement Task Force.