Home Care Staff Must Be Competent
Pursuant to Minnesota Statute 144A.4795, HOME CARE PROVIDER RESPONSIBILITIES; STAFF, Subdivision 1., qualifications, training, and competency, all staff providing home care services must: (1) be trained and competent in the provision of home care services consistent with current practice standards appropriate to the client’s needs; and (2) be informed of the home care bill of rights under section 144A.44.
Subd. 2. Licensed health professionals and nurses. (a) Licensed health professionals and nurses providing home care services as an employee of a licensed home care provider must possess a current Minnesota license or registration to practice.
(b) Licensed health professionals and registered nurses must be competent in assessing client needs, planning appropriate home care services to meet client needs, implementing services, and supervising staff if assigned.
(c) Nothing in this section limits or expands the rights of nurses or licensed health professionals to provide services within the scope of their licenses or registrations, as provided by law.
Subd. 3. Unlicensed personnel. (a) Unlicensed personnel providing basic home care services must have:
(1) successfully completed a training and competency evaluation appropriate to the services provided by the home care provider and the topics listed in subdivision 7, paragraph (b); or
(2) demonstrated competency by satisfactorily completing a written or oral test on the tasks the unlicensed personnel will perform and in the topics listed in subdivision 7, paragraph (b); and successfully demonstrated competency of topics in subdivision 7, paragraph (b), clauses (5), (7), and (8), by a practical skills test.
Unlicensed personnel providing home care services for a basic home care provider may not perform delegated nursing or therapy tasks.
(b) Unlicensed personnel performing delegated nursing tasks for a comprehensive home care provider must:
(1) have successfully completed training and demonstrated competency by successfully completing a written or oral test of the topics in subdivision 7, paragraphs (b) and (c), and a practical skills test on tasks listed in subdivision 7, paragraphs (b), clauses (5) and (7), and (c), clauses (3), (5), (6), and (7), and all the delegated tasks they will perform;
(2) satisfy the current requirements of Medicare for training or competency of home health aides or nursing assistants, as provided by Code of Federal Regulations, title 42, section 483 or 484.36; or
(3) have, before April 19, 1993, completed a training course for nursing assistants that was approved by the commissioner.
(c) Unlicensed personnel performing therapy or treatment tasks delegated or assigned by a licensed health professional must meet the requirements for delegated tasks in subdivision 4 and any other training or competency requirements within the licensed health professional scope of practice relating to delegation or assignment of tasks to unlicensed personnel.
Subd. 4. Delegation of home care tasks. 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 comprehensive home care provider 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 client needs and preferences.
Subd. 5. Individual contractors. When a home care provider contracts with an individual contractor excluded from licensure under section 144A.471 to provide home care services, the contractor must meet the same requirements required by this section for personnel employed by the home care provider.
Subd. 6. Temporary staff. When a home care provider contracts with a temporary staffing agency excluded from licensure under section 144A.471, those individuals must meet the same requirements required by this section for personnel employed by the home care provider and shall be treated as if they are staff of the home care provider.
Nursing Home Abuse and Neglect Attorney Kenneth LaBore has decades of experience and handles the following types of elder abuse claims and others:
Patient Lift Injuries and Other Improper Use of Medical Equipment
For a Free Consultation to obtain information on how to hold negligent wrongdoers accountable from an experienced attorney contact Minneapolis Elder Abuse Neglect Attorney Kenneth LaBore at 612-743-9048 or Toll Free at 1-888-452-6589, email: KLaBore@MNnursinghomeneglect.com