Minimum Staffing Requirements

Assisted living facilities are required to maintain minimum staffing standards as part of the facility's day-to-day operations. The minimum requirements are based on the staff person's role in the facility.

ADMINISTRATOR

Every facility shall be under the supervision of an administrator who is responsible for the operation and maintenance of the facility including the management of all staff and the provision of adequate care to all residents as required by Chapter 429, Part I, F.S. and Rule 58A-5, F.A.C.

The administrators must be:

• At least 21 years of age
• If employed on or after August 15, 1990, have a high school diploma or general equivalency diploma (G.E.D.), or have been an operator or administrator of a licensed assisted living facility in the State of Florida for at least one of the past 3 years in which the facility has met minimum standards. Administrators employed on or after October 30, 1995, must have a high school diploma or G.E.D
• Be in compliance with Level 2 background screening standards pursuant to s. 429.174, F.S.
• Successfully complete the ALF Core Training Program pursuant to Rule 58A-5.0191, F.A.C.

MANAGER

Administrators who supervise more than one facility shall appoint in writing a separate "manager" for each facility who must:

• Be at least 21 years old
• Complete the core training requirement pursuant to Rule 58A-5.0191, F.A.C.

STAFF

Newly hired staff shall have 30 days to submit a statement from a health care provider, based on an examination conducted within the last six months, that the person does not have any signs or symptoms of a communicable disease including tuberculosis. Freedom from tuberculosis must be documented on an annual basis. A person with a positive tuberculosis test must submit a health care provider's statement that the person does not constitute a risk of communicating tuberculosis. Newly hired staff does not include an employee transferring from one facility to another that is under the same management or ownership, without a break in service. If any staff member is later found to have, or is suspected of having, a communicable disease, he/she shall be removed from duties until the administrator determines that such condition no longer exists.

All staff shall be assigned duties consistent with his/her level of education, training, preparation, and experience. Staff providing services requiring licensing or certification must be appropriately licensed or certified. All staff shall exercise their responsibilities, consistent with their qualifications, to observe residents, to document observations on the appropriate resident's record, and to report the observations to the resident's health care provider in accordance with this rule chapter.

All staff must comply with the training requirements of Rule 58A-5.0191, F.A.C.

Staff provided by a staffing agency or employed by a business entity contracting to provide direct or indirect services to residents must be qualified for the position in accordance with this rule chapter. The contract between the facility and the staffing agency or contractor shall specifically describe the services the staffing agency or contractor will be providing to residents.

BACKGROUND SCREENING

All staff, hired on or after October 1, 1998, to provide personal services to residents must be screened in accordance with s. 429.174, F.S., and meet the screening standards of Chapter 435.03, F.S. - Background Sreening. A packet containing background screening forms and instructions may be obtained from the AHCA Assisted Living Unit.

Within 10 days of the employee's starting work, the facility shall submit a completed Criminal History Request, AHCA Form 3110-0002, July 2005, and a check to cover the cost of screening.

The results of employee screening conducted by the agency shall be maintained in the employee's personnel file.

STAFFING STANDARDS

The following chart outlines the minimum ALF staff hours per week as required by Chapter 58A-5, F.A.C.:

Number of Residents Staff
Hours/Week

0 - 5	168
6 - 15	212
16 - 25	253
26 - 35	294
36 - 45	335
46 - 55	375
56 - 65	416
66 - 75	457
76 - 85	498
86 - 95*	539

*For every 20 residents over 95 add 42 staff hours per week.

In addition to the minimum staff hours per week, ALFs are required to maintain the following staffing standards:

• At least one staff member who has access to facility and resident records in case of an emergency shall be within the facility at all times when residents are in the facility. Residents serving as paid or volunteer staff may not be left solely in charge of other residents while the facility administrator, manager or other staff are absent from the facility.
  
  
• In facilities with 17 or more residents, there shall be one staff member awake at all hours of the day and night.
  
  
• At least one staff member who is trained in First Aid and CPR, as provided under Rule 58A-5.0191, F.A.C., shall be within the facility at all times when residents are in the facility.
  
  
• During periods of temporary absence of the administrator or manager when residents are on the premises, a staff member who is at least 18 years of age, must be designated in writing to be in charge of the facility.

Notwithstanding the minimum staffing requirements specified in paragraph (a), all facilities, including those composed of apartments, shall have enough qualified staff to provide resident supervision, and to provide or arrange for resident services in accordance with the residents scheduled and unscheduled service needs, resident contracts, and resident care standards as described in Rule 58A-5. 0182 , F.A.C.