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"(4) the facility shall render as much assistance as possible in making arrangements for dignified religious

services and burial, unless contraindicated by the wishes

of the family.

"(c) The coroner or medical examiner shall be notified

of deaths, in accordance with state law.

"Subchapter IV-Personnel Policies

"SEC. 1131. (a) Adequate personnel services shall be provided by means appropriate to the size of the facility.

If the size of the facility warrants a personnel director, he shall have had several years of progressively more respon

sible experience and/or training in personnel administration, and demonstrated competence in this area.

"(b) The facility's current personnel policies and practices shall be described in writing;

"(1) The hiring, assignment, and promotion of employees shall be based on their qualifications and abilties, without regard to sex, race, color, creed, age, irrelevant

disability, marital status, ethnic or national origin, or

membership in an organization.

"(2) Written job descriptions shall be available for

all positions.

"(3) Licensure, certification, or standards such as

are required in community practice shall be required for

all comparable positions in the facility.

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"(4) Ethical standards of professional conduct, as developed by professional societies, shall be recognized as applying in the facility.

"(5) There shall be a planned program for carcer development and advancement for all categories of personnel.

"(6) There shall be an authorized procedure, consistent with due process, for suspension and/or dismissal of an employee for cause.

"(7) Methods of improving the welfare and se

curity of employees shall include:

"(A) a merit system or its equivalent;

“(B) a salary schedule covering all positions; "(C) effective grievance procedures;

"(D) provisions for vacations, holidays, and sick leave;

"(E) provisions for health insurance and retire

ment;

"(F) provisions for employee organizations;

"(G) opportunities for continuing educational

experiences, including educational leave; and

"(H) provisions for recognizing outstanding contributions to the facility.

"(c) A statement of the facility's personnel policies

and practices shall be available to all its employees.

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"(d) All personnel shall be initially screened to deter2 mine if they are capable of fulfilling the specific job 3 requirements. All personnel shall be medically determined 4 to be free of communicable and infectious diseases at the 5 time of employment and annually thereafter. All personnel 6 should have a medical examination at the time of employ7 ment and annually thereafter. Where indicated, psychologi8 cal assessment should be included at the time of employment and annually thereafter.

9

10

"(e) The performance of each employee shall be evalu11 ated regularly and periodically, and at least annually. Each

12 such evaluation shall be

23

13

14

15

"(1) reviewed with the employee; and

"(2) recorded in the employee's personnel record.

"(f) Written policy shall prohibit mistreatment, ne

16 glect, or abuse of residents. Alleged violations shall be re17 ported immediately, and there shall be evidence that—

"(1) all alleged violations are thoroughly investigated;

"(2) the results of such investigation are reported

to the chief executive officer, or his designated repre

sentative, within twenty-four hours of the report of the

incident; and

"(3) appropriate sanctions are invoked when the allegation is substantiated.

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1 "SEC. 1132. (a) Staffing shall be sufficient so that the 2 facility is not dependent upon the use of residents or volun3 teers for productive services. There shall be a written policy 4 to protect residents from exploitation when they are engaged 5 in productive work. A current, written policy shall en6 courage that residents be trained for productive, paid em7 ployment. Residents shall not be involved in the care (feed8 ing, clothing, bathing), training, or supervision of other 9 residents unless they

10

11

12

13

1+

15

16

"(1) have been specifically trained in the necessary skills;

"(2) have the humane judgment required by these

"(b) Residents who function at the level of staff in

17 occupational or training activities shall

18

19

20

21

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"(1) have the right to enjoy the same privileges as staff; and

"(2) be paid at the legally required wage level when employed in other than training situations. "(c) Appropriate to the size and nature of the facility, 23 there shall be a staff training program that includes: "(1) orientation for all new employees, to acquaint

24

39

them with the philosophy, organization, program, prac

tices, and goals of the facility;

"() induction training for each new employee, so that his skills in working with the residents are increased; "(3) inservice training for employees who have not achieved the desired level of competence, and opportunities for continuous inservice training to update and improve the skills and competencies of all employees;

"(4) supervisory and management training for all employees in, or candidates for, supervisory positions;

"(5) provisions shall be made for all staff members to improve their competencies, through means such as"(A) attending staff meetings;

"(B) attending seminars, conferences, work

shops, and institutes;

"(C) attending college and university courses; "(D) visiting other facilities;

"(E) participation in professional organiza

tions;

"(F) conducting research;

"(G) publishing studies;

"(H) access to consultants;

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"(I) access to current literature, including

books, monographs, and journals relevant to mental

retardation;