2006 Louisiana Laws - RS 37:1033 — Required training; registration

§1033.  Required training; registration

A.  In order to be authorized to perform the procedures specified in R.S. 37:1032, a direct service worker shall be employed by a licensed agency and shall receive the following training:

(1)  All training required by agency licensing laws or the rules and regulations for participating in Medicaid reimbursement or the requirements of the state or federally funded home or community-based service.

(2)  In order to administer medications, at least sixteen hours of fundamentals of medication administration training including but not limited to medication administration, handling and storage of medications, side effects, and drug interactions.  This training may be a part of the training required in Paragraph (1) of  this Subsection.

(3)  At least six hours of person-specific training from a registered nurse who has assessed the health status of the individual in the residence where the services are to be performed and determined that the direct service worker can perform the tasks in a safe, appropriate manner, with additional person-specific training by a registered nurse whenever the tasks to be performed or the types of medications to be administered are changed.  Written documentation of training provided by the registered nurse shall be submitted to and maintained by the direct service worker's employing agency.

(4)  Current Cardio-Pulmonary Resuscitation certification.

B.  Any unlicensed person performing the procedures authorized by this Part on July 11, 2005, shall complete the training required by this Section no later than twelve months after promulgation of the regulations required by this Part.  Training specified in Subsection A of this Section shall be repeated if the registered nurse does not certify that the direct service worker has demonstrated a sufficient level of competency in the subject matter.

C.  A direct service worker shall undergo an annual competency validation, specified in rules adopted by the Louisiana Board of Nursing and the Department of Health and Hospitals, performed by a registered nurse, to determine whether the direct service worker continues to perform the authorized, person-specific tasks appropriately.  Documentation of the annual competency review provided by the registered nurse shall be submitted to and maintained by the direct service worker's employing agency.

D.(1)  Any registered nurse who has properly trained and documented that a direct service worker can perform the prescribed tasks shall not be liable for any civil damages as a result of any act or omission of the direct service worker.

(2)  A physician licensed to practice medicine by the Louisiana State Board of Medical Examiners, whether or not he developed the individual's current plan of care, including but not limited to the prescribed medication regime, who is rendering professional medical care services to the individual receiving assistance or services under the provisions of this Part shall not be liable for any civil damages as a result of any negligent or intentional act or omission of a direct service worker or a licensed agency.

E.  Notwithstanding any other provision of law, licensed agencies that employ direct service workers shall be liable for damages as a result of any act or omission of the direct service worker.

F.  Direct service workers performing tasks under this Part shall maintain current registration with the Department of Health and Hospital's Direct Service Worker Registry.

G.(1)  Prior to providing personal care or other services as specified in this Part, a direct service worker shall provide a written disclaimer to the recipient of the care or to the legal guardian of the recipient, in the case of the incompetency of the recipient.  The disclaimer shall include the following:

(a)  The length and scope of the worker's training, taking into consideration the requirements of this Part and any regulations promulgated in accordance with this Part.

(b)  Information regarding how to report care deficiencies, including any applicable telephone numbers.

(c)  The signature of both the direct service worker and the recipient or the legal guardian of the recipient where appropriate.

(2)  The original of the completed disclaimer shall be maintained in the permanent files of the provider agency employing the direct service worker, one copy shall be given to the recipient, and one copy shall be provided to the direct service worker.

(3)  Failure to execute the disclaimer in accordance with this Subsection shall serve as cause to terminate authorization of the direct service worker to provide services.

Acts 2005, No. 451, §1, eff. July 11, 2005.

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