Rule/Regulation Violated:
A. A manager shall ensure that:
8. A manager, a caregiver, and an assistant caregiver, or an employee or a volunteer who has or is expected to have more than eight hours per week of direct interaction with residents, provides evidence of freedom from infectious tuberculosis:
a. On or before the date the individual begins providing services at or on behalf of the assisted living facility, and
b. As specified in R9-10-113;
Evidence/Findings:
Based on record review and interview, the manager failed to ensure an employee provided documentation of freedom from infectious tuberculosis (TB) as specified in R9-10-113, for six of seven employees reviewed. The deficient practice posed a TB exposure risk to residents.
Findings include:
1. R9-10-113.A states, "If a health care institution is subject to the requirements of this Section, as specified in an Article in this Chapter, the health care institution's chief administrative officer shall ensure that the health care institution establishes, documents, and implements tuberculosis infection control activities that...2. Include: a. For each individual who is employed by the health care institution, provides volunteer services for the health care institution, or is admitted to the health care institution and who is subject to the requirements of this Section, screening, on or before the date specified in the applicable Article of this Chapter, that consists of: i. Assessing risks of prior exposure to infectious tuberculosis, ii. Determining if the individual has signs or symptoms of tuberculosis, and iii. Obtaining documentation of the individual's freedom from infectious tuberculosis according to subsection (B)(1)..."
2. A review of the Centers for Disease Control and Prevention website revealed a web page titled, "TB Screening and Testing of Health Care Personnel." The web page stated, "If the Mantoux tuberculin skin test (TST) is used to test health care personnel upon hire (preplacement), two-step testing should be used."
3. A review of E3's personnel record revealed a Mantoux skin test that was less than 12 months old. However, the required second Mantoux skin test for employees and a baseline symptom screening signed by a registered nurse, medical practitioner or local health department was not provided for review. Based on E3's hire date, this documentation was required.
4. A review of E5's personnel record revealed a Mantoux skin test that was less than 12 months old. However, the required second Mantoux skin test for employees and a baseline symptom screening signed by a registered nurse, medical practitioner or local health department was not provided for review. Based on E5's hire date, this documentation was required.
5. A review of E6's personnel record revealed a Mantoux skin test that was less than 12 months old. However, the required second Mantoux skin test for employees and a baseline symptom screening signed by a registered nurse, medical practitioner or local health department was not provided for review. Based on E6's hire date, this documentation was required.
6. A review of E7's personnel record revealed a Mantoux skin test that was less than 12 months old. However, the required second Mantoux skin test for employees and a baseline symptom screening signed by a registered nurse, medical practitioner or local health department was not provided for review. Based on E7's hire date, this documentation was required.
7. A review of E8's personnel record revealed no documentation of freedom from infectious tuberculosis and no documentation of a baseline symptom screening signed by a registered nurse, medical practitioner or local health department was not provided for review. Based on E8's hire date, this documentation was required.
8. A review of E9's personnel record revealed a Mantoux skin test that was less than 12 months old. However, the required second Mantoux skin test for employees and a baseline symptom screening signed by a registered nurse, medical practitioner or local health department was not provided for review. Based on E9's hire date, this documentation was required.
9. In an interview, E1 acknowledged E3's, E5's, E6's, E7's, E8's, and E9's personnel records did not contain documentation of freedom from infectious TB as specified in R9-10-113.
10. Technical assistance was provided on this rule during the on-site compliance inspection conducted on April 12, 2023.
Summary:
The following deficiencies were found during the on-site compliance inspection and investigation of complaints 00135464, 00105429, 00105289, 00104652, 00104446, and 00108476 conducted on July 14, 2025: