CHAPTER 2390. VOCATIONAL FACILITIES GENERAL PROVISIONS GENERAL REQUIREMENTS

[Pages:56]Ch. 2390

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CHAPTER 2390. VOCATIONAL FACILITIES

Sec. 2390.1. 2390.2. 2390.3. 2390.4. 2390.5.

Introduction. Purpose. Applicability. Legal base. Definitions.

GENERAL PROVISIONS

GENERAL REQUIREMENTS

2390.11. 2390.12. 2390.13. 2390.14. 2390.15. 2390.16. 2390.17. 2390.18. 2390.19. 2390.20. 2390.21. 2390.22. 2390.23. 2390.24.

Application. Appeals. Certificate of compliance. Fire safety occupancy permit. Wage and hour certificate. Public eating and drinking place license. Statement of purpose. Incident report and investigation. Incident procedures to protect the client. Accident prevention. Client rights. Governing body. Bidding, contracting, selling. Applicable statutes and regulations.

STAFFING

2390.31. 2390.32. 2390.33. 2390.34. 2390.35. 2390.36. 2390.37. 2390.38. 2390.39. 2390.40. 2390.41. 2390.42. 2390.43. 2390.44. 2390.45. 2390.46. 2390.47. 2390.48. 2390.49.

Effective date of staff qualifications. Chief executive officer. Program specialist. Production manager. Floor supervisor. Trainer. Vocational evaluator. Staff positions. Staffing. Training records. [Reserved]. [Reserved]. [Reserved]. [Reserved]. [Reserved]. [Reserved]. [Reserved]. Orientation. Annual training.

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PHYSICAL SITE

2390.51. 2390.52. 2390.53. 2390.54. 2390.55. 2390.56. 2390.57. 2390.58. 2390.59. 2390.60. 2390.61. 2390.62. 2390.63. 2390.64. 2390.65. 2390.66. 2390.67. 2390.68. 2390.69. 2390.70. 2390.71. 2390.72. 2390.73. 2390.74. 2390.75. 2390.76. 2390.77. 2390.78.

Accommodations for physically handicapped clients. Indoor floor space. Outside walkways. Combustible materials. Sanitation. Running water. Indoor temperature. Telephone. Emergency telephone numbers. First aid. Hazards. Sanitation. Lighting. Handrails. Stairs. Landings. Safe and sanitary conditions. Hazardous equipment. Personal protective equipment. Special signals on equipment. Ventilation. Passageways and work aisles. Elevators. Lavatories. Nutrition. [Reserved]. [Reserved]. [Reserved].

2390.81. 2390.82. 2390.83. 2390.84. 2390.85. 2390.86. 2390.87.

Exits. Evacuation of clients. Fire alarms. Fire extinguishers. Fire drills. Exit signs. Fire safety training.

FIRE SAFETY

2390.91.

[Reserved].

2390.92--2390.93. [Reserved].

2390.94.

[Reserved].

2390.95.

[Reserved].

2390.96.

[Reserved].

2390.97.

[Reserved].

2390.98.

[Reserved].

2390.99.

[Reserved].

2390.100.

[Reserved].

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PROGRAM

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HEALTH

2390.101. Communicable disease. 2390.102. First aid staff. 2390.103. Emergency medical plan. 2390.104. Emergency medical information.

ADMISSION AND PLACEMENT

2390.111. Admission decision. 2390.112. Client orientation. 2390.113. Placement services.

CLIENT RECORDS

2390.121. Individual record. 2390.122. Record location. 2390.123. Confidentiality. 2390.124. Content of records. 2390.125. Record policy. 2390.126. Access. 2390.127. Release of information.

HANDICAPPED EMPLOYMENT

2390.141. Exceptions. 2390.142. Applicable requirements. 2390.143. Work performance review. 2390.144. Handicapped employment floor supervisor.

PROGRAM

2390.151. Assessment. 2390.152. Development, annual update and revision of the individual plan. 2390.153. Individual plan team. 2390.154. Individual plan process. 2390.155. Content of the individual plan. 2390.156. Implementation of the individual plan. 2390.157. [Reserved]. 2390.158. Facility services. 2390.159. Vocation evaluation.

RESTRICTIVE PROCEDURES

2390.171. Definition of restrictive procedures. 2390.172. Written policy. 2390.173. Appropriate use of restrictive procedures. 2390.174. Human rights team. 2390.175. Behavior support component of the individual plan.

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2390.176. Staff training. 2390.177. Prohibited procedures. 2390.178. Physical restraint. 2390.179. Emergency use of a physical restraint. 2390.180. Access to or the use of a client's personal property.

MEDICATION ADMINISTRATION

2390.191. Self-administration. 2390.192. Medication administration. 2390.193. Storage and disposal of medications. 2390.194. Prescription medications. 2390.195. Medication record. 2390.196. Medication errors. 2390.197. Adverse reaction. 2390.198. Medication administration training.

Source

The provisions of this Chapter 2390 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693, unless otherwise noted. Immediately preceding text appears at serial pages (86921) to (86940) and (90799).

Cross References

This chapter cited in 6 Pa. Code ? 11.2 (relating to applicability); 55 Pa. Code ? 52.15 (relating to provider records); 55 Pa. Code ? 52.17 (relating to critical incident and risk management); 55 Pa. Code ? 52.19 (relating to criminal history checks); 55 Pa. Code ? 52.20 (relating to provisional hiring); 55 Pa. Code ? 2380.2 (relating to applicability); 55 Pa. Code ? 4305.11 (relating to exempt services); 55 Pa. Code ? 6000.903 (relating to licensing applicability); 55 Pa. Code ? 6100.81 (relating to HCBS provider requirements); 55 Pa. Code ? 6100.444 (relating to size of service location); and 55 Pa. Code ? 6100.445 (relating to locality of service location).

GENERAL PROVISIONS

? 2390.1. Introduction.

The primary objective of vocational facilities is to assist clients in the development of skills necessary for placement in a higher level vocational program and ultimately into competitive employment, or, to maintain existing employment services.

Source The provisions of this ? 2390.1 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693. Immediately preceding text appears at serial pages (86922) to (86923).

? 2390.2. Purpose.

The purpose of this chapter is to protect the health, safety and welfare of clients and to establish minimal program requirements in vocational facilities.

Source The provisions of this ? 2390.2 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693. Immediately preceding text appears at serial page (86923).

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? 2390.3. Applicability.

(a) This chapter applies to vocational facilities, except as provided in subsection (b). The requirements apply to profit, nonprofit, publicly funded and privately funded facilities. This chapter contains the minimum requirements that shall be met in order to obtain a certificate of compliance. A vocational facility shall be individually inspected and obtain a certificate of compliance in order to operate. This chapter applies to vocational facilities providing service to one or more disabled clients.

(b) This chapter does not apply to the following: (1) Vocational facilities or portions of vocational facilities operated by a

public school district or intermediate unit. (2) Vocational facilities operated by the Department. (3) The client's own home in which homebound employment is provided. (4) Facilities providing vocational evaluation exclusively. (5) Private industry settings if disabled adults are integrated in work with

other nondisabled employes at the work site. (6) Approved private schools. (7) Facilities serving exclusively drug and alcohol clients. (8) Facilities licensed or approved by the Department's Office of Children,

Youth and Families. (c) If clients work at a location other than the facility and the facility grounds, this chapter does not apply during the time clients are away from the facility. While clients are present at the facility, the requirements of this chapter apply.

Source

The provisions of this ? 2390.3 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693. Immediately preceding text appears at serial page (86923).

? 2390.4. Legal base.

The legal authority for this chapter is Articles IX and X of the Public Welfare Code (62 P. S. ?? 901--922 and 1001--1080).

Source

The provisions of this ? 2390.4 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693. Immediately preceding text appears at serial pages (86923) to (86925).

? 2390.5. Definitions.

The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise:

Abusive act--An act or omission of an act that willfully deprives a client of rights or which may cause or causes actual physical injury or emotional harm to a client.

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Certificate of compliance--A document issued to a legal entity permitting it to operate a vocational facility at a given location, for a specific period of time, according to appropriate regulations of the Commonwealth.

Chief executive officer--The staff person responsible for the general management of the facility. Other terms such as ``program director'' or ``administrator'' may be used as long as the qualifications specified in ? 2390.32 (relating to chief executive officer) are met.

Client--A disabled adult receiving services in a vocational facility. Competitive employment--A job in a regular work setting with an employeeemployer relationship, in which a disabled adult is hired to do a job that other nondisabled employees also do. Criminal abuse--Crimes against the person such as assault and crimes against the property of the client such as theft or embezzlement. Department--The Department of Human Services of the Commonwealth. Direct service worker--A person whose primary job function is to provide services to a client who attends the facility. Disabled adult--

(i) A person who because of a disability requires special help or special services on a regular basis to function vocationally.

(ii) The term includes persons who exhibit any of the following characteristics:

(a) A physical disability, such as visual impairment, hearing impairment, speech or language impairment or other physical handicap.

(b) Social or emotional maladjustment. (c) A neurologically based condition such as cerebral palsy, autism or epilepsy. (d) An intellectual disability. Handicapped employment--A vocational program in which the individual client does not require rehabilitation, habilitation or ongoing training to work at the facility. Health care practitioner--A person who is authorized to prescribe medications under a license, registration or certification by the Department of State. Individual plan--A coordinated and integrated description of activities and services for a client. Restraint--A physical, chemical or mechanical intervention used to control acute, episodic behavior that restricts the movement or function of the client or a portion of the client's body, including an intervention approved as part of the individual plan or used on an emergency basis. SCO--Supports coordination organization--A provider that delivers the services of locating, coordinating and monitoring services provided to a client. Services--Actions or assistance provided to the client to support the achievement of an outcome.

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Sheltered employment--A program designed to enable the client to move out of the vocational facility into competitive employment or into a higher level vocational program focusing on the development of competitive worker traits and using work as the primary training method.

Training--

(i) Occupational training that follows a specific curriculum and is designed to teach skills for a specific occupation in the competitive labor market.

(ii) The term also includes personal and work adjustment training that is designed to develop appropriate worker traits and teach an understanding of the expectations of a work environment to enable the client to progress into a higher level rehabilitation program or into competitive employment.

Vocational evaluation--The use of planned activities, systematic observation and testing to accomplish a formal assessment of a client, including an identification of program needs, potential for employment and identification of employment objectives.

Vocational facility (facility)--A premise in which rehabilitative, habilitative or handicapped employment or employment training is provided to one or more disabled clients for part of a 24-hour day.

Volunteer--A person who is an organized and scheduled component of the service system and who does not receive compensation, but who provides a service through the facility that recruits, plans and organizes duties and assignments.

Work activities center--A program focusing on working and behavioral/ therapeutic techniques to enable clients to attain sufficient vocational, personal, social and independent living skills to progress to higher level vocational programs.

Work performance review--An assessment of the client's skill level.

Authority

The provisions of this ? 2390.5 amended under sections 201(2), 403(b), 403.1(a) and (b), Articles IX and X of the Human Services Code (62 P.S. ?? 201(2), 403(b), 403.1(a) and (b), 901--922 and 1001--1088); and section 201(2) of the Mental Health and Intellectual Disability Act of 1966 (50 P.S. ? 4201(2)).

Source

The provisions of this ? 2390.5 adopted May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693; amended August 27, 2010, effective August 28, 2010, 40 Pa.B. 4935; amended June 17, 2016, effective June 18, 2016, 46 Pa.B. 3177; amended October 4, 2019, effective in 120 days, 49 Pa.B. 5777. Immediately preceding text appears at serial pages (381389) to (381392).

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GENERAL REQUIREMENTS

? 2390.11. Application.

Application for a certificate of compliance shall be made under Chapter 20 (relating to licensure or approval of facilities and agencies).

Source

The provisions of this ? 2390.11 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693. Immediately preceding text appears at serial page (86925).

? 2390.12. Appeals.

(a) Appeals related to the Department's approval or licensure shall be made under 2 Pa.C.S. ?? 501--508 and 701--704 (relating to Administrative Agency Law) and 1 Pa. Code Part II (relating to General Rules of Administrative Practice and Procedure).

(b) Appeals related to the Department's approval or licensure shall be made by filing a petition within 30 days after service of notice of the action.

(c) Subsection (b) supersedes the appeal period of 1 Pa. Code ? 35.20 (relating to appeals from actions of the staff).

Source

The provisions of this ? 2390.12 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693; amended October 3, 2008, effective November 3, 2008, 38 Pa.B. 5435. Immediately preceding text appears at serial page (259711).

? 2390.13. Certificate of compliance.

The certificate of compliance shall list the programs that the facility operates, including sheltered employment, work activities center, occupational training, personal work adjustment training, handicapped employment and vocational evaluation.

Source

The provisions of this ? 2390.13 adopted May 9, 1980, effective May 10, 1980, 10 Pa.B. 1897; amended May 9, 1986, effective August 8, 1986, 16 Pa.B. 1693. Immediately preceding text appears at serial page (86925).

? 2390.14. Fire safety occupancy permit.

(a) A facility shall have a valid fire safety occupancy permit from the Department of Labor and Industry, or the local Department of Public Safety in the cities of Scranton and Pittsburgh or the local Department of Licensing and Inspection in Philadelphia County.

(b) After initial issuance of the fire safety occupancy permit by the Department of Labor and Industry, the provider shall verify, annually in writing, that the permit for the facility has not been withdrawn.

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