TITLE 39

HEALTH AND SAFETY

CHAPTER 33

IDAHO RESIDENTIAL CARE OR ASSISTED LIVING ACT

39-3322.  Qualifications and requirements for facility staff. (1) Each facility must employ or arrange for sufficient trained staff to fully meet the needs of its residents and the requirements of this chapter. The facility shall have sufficient staff to provide care during all hours required in each resident’s negotiated service plan. Additional staff may be required if physical plant and disability of residents indicate that staff assistance in emergencies is required. Benchmarks shall be established in the assessment criteria where the need for certified nursing assistants or licensed nurses is indicated. Residential care or assisted living facilities shall not retain residents who require the care provided by nursing facilities under section 39-1301(b), Idaho Code, other than for short exceptional stays pursuant to negotiated rulemaking as defined in chapter 52, title 67, Idaho Code.

(2)  Should a residential care or assisted living facility choose not to carry professional liability insurance, that information shall be disclosed, in writing, to employees at the time of hiring.

History:

[39-3322, added 1990, ch. 116, sec. 2, p. 251; am. 1996, ch. 207, sec. 16, p. 642; am. 2000, ch. 274, sec. 26, p. 820; am. 2005, ch. 280, sec. 17, p. 893.]