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AR2088Od8
ORDINANCE NO. 127-A
mO
-+ U RE: RULES AND REGULATIONS GOVERNING THE OPERATION OF SMALL
PERSONAL CARE BOARDING HOMES IN WELD COUNTY, WITH AMENDMENTS
- O
U
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF WELD
,.a COUNTY, COLORADO:
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0•
WHEREAS, the Board of County Commissioners of Weld County,
▪ Colorado, pursuant to Colorado statute and the Weld County Home
O Rule Charter, is vested with the authority of administering the
w affairs of Weld County, Colorado, and
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N
.. w WHEREAS, the Board of County Commissioners , sitting as the
'1Ox Board of Health , pursuant to the Weld County Home Rule Charter,
w possesses certain powers pursuant to Title 25, Article 1 , Colorado
co 4 Revised Statutes, and as Board of County Commissioners for home
rule county pursuant to Title 30 , Article 35 , CRS, to promulgate
o z regulations pertaining to the health , safety, and welfare of all
r1 H
w of the inhabitants of Weld County, including those within
o u] incorporated municipalities , and
a
w w WHEREAS, the State of Colorado has enacted regulations
ow governing the operation of Board and Care facilities or "personal
c z care boarding homes" for those facilities that provide room,
oz z board , and personal care services for three or more adults, and
U a WHEREAS, there are a number of board and care homes in Weld
wx 4 County currently in operation which will not be regulated by the
state regulations, and
• r▪ -I WHEREAS, the Board has studied the issue and considered the
'~ `'4 recommendations of the staff, the Human Resources Department, and
w w the task force group made up of persons representing two board and
care facilities , the Weld County Health Department, the Placement
Coordinator for the North Colorado Medical Center, ombudsmen for
the Area Agency on Aging, and a representative for another care
facility for the elderly, and concluded that there is a continuing
need for regulations to protect the health , safety, and welfare of
the residents of one and two bed personal care boarding homes and
employees of said homes and the citizens of Weld County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that Weld County Ordinance
127 be repealed and that the rules and regulations governing the
operation of small personal care boarding homes in Weld County,
Colorado, attached hereto, as Exhibit "A" , be enacted and
incorporated herein by this reference as Weld County Ordinance
127-A.
t )..'. . 871749
Page 2
RE: ORDINANCE #127-A
om O
o V BE IT FURTHER ORDAINED that this ordinance applies to all
N o board and care homes in Weld County , whether in unincorporated or
U incorporated portion of the County.
w BE IT FURTHER ORDAINED that if any section , subsection,
o paragraph, sentence, clause, or phrase of this Ordinance is, for
orx any reason , held or decided to be invalid or unconstitutional,
`"PI
q such decision shall not affect the validity of the remaining
a portions. The Board of County Commissioners of Weld County,
w Colorado, hereby declares that it would have passed this Ordinance
,i x and each and every section , subsection, paragraph, sentence,
N clause, and phrase thereof irrespective of the fact that any one
.. w
or more sections, subsections , paragraphs, sentences, clauses or
x phrases might be declared to be unconstitutional or invalid.
N
CO u BE IT FURTHER ORDAINED that this Ordinance shall take effect
oz on February 10 , 1987.
H
N The above and foregoing Ordinance No. 127-A was, on motion
o a duly made and seconded , adopted by the follow ni g vote on the 2nd
w day of February, A.D. , 1987.
N N
ok, '� ` BOARD OF COUNTY COMMISSIONERS
co
m z ATTEST: 1 �' WELD COU TY LORADO
N R,' 41 •
-'�
o „ Weld Count36! f1 1Ip-l' Recorder
w rz and Clerks toy t'1.,e B'g d Go a , irman
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1 .
d BY /9)1c (. , C.W. Kirby, Pro-T m
.�-, N D puty County C erk C.W.
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PI 54 � [�'/k _{Li ut
APPROVED AS TO FORM: ene R. Brantner
Ns
Sl i2G0 Ja qu ne Jo n on
County Attorney
Frank Yamag hi
First Reading: January 5 , 1987
Published: January 8 , 1987, in the Johnstown Breeze
Second Reading: January 19 , 1987
Published: January 22 , 1987 , in the Johnstown Breeze
Final Reading: February 2, 1987
Published: February 5 , 1987 , in the Johnstown Breeze
Effective: February 10, 1987
Page 3
RE: ORDINANCE #127-A
REGULATIONS FOR WELD COUNTY SMALL PERSONAL CARE BOARDING HOMES
a O SECTION I
- U
Definitions
'n 0
U
1 . 1 "Small Personal Care Boarding Homes" means a residential
o w facility that provides room and board to one or two
0 3 adults who are not related to the owner and who, because
o x of impaired capacity for independent living, elect
protective oversight, personal services, and social care
a but do not require regular twenty-four-hour medical or
o nursing care. The term "small personal care boarding
homes" does not include a facility holding a current
certificate of authority to operate a life care facility
o ta issued pursuant to article 13 title 12 , C.R.S. ,
x residential care facilities for the developmentally
N disabled or personal care boarding homes regulated under
v 6 CCR 1011-1 .
H 1 . 2 "Personal services" means those services which the
NE—I operator, and employees of a personal care
O boarding home provide for each resident, including, but
not limited to: an environment which is sanitary and
c co z safe from physical harm; individualized social
w supervision; assistance with transportation; and
cODoz assistance with activities of daily living, including
N Z but not limited to bathing, dressing, and eating.
0
a 1. 3 "Protective oversight" means guidance of a resident as
a Z required by the needs of the resident or as reasonably
requested by the resident including the following:
in
ri being aware of a resident ' s general whereabouts,
N although the resident may travel independently in the
community; monitoring the activities of the resident
CQa' while on the premises to ensure his health, safety, and
well-being , including monitoring of prescribed
medications; reminding the resident to carry out daily
living activities; and reminding the resident of any
important activities , including appointments.
SECTION II
General Requirements
2. 0 All small personal care boarding homes shall be licensed
in accordance with these regulations.
Page 4
RE: ORDINANCE #127-A
2. 1 All small personal care boarding homes shall be in
compliance with all applicable zoning, housing, fire,
sanitary, and all other codes and ordinances of the city
and county, or county where the home is situated.
a u 2. 2 A non-refundable fee as set by separate action of this
Board shall be required for each application and
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renewal.
U
Appeal Process
a
0 3 2. 3 (A) Any action to deny, sustain, or revoke an operating
o a license or application may be appealed by submitting a
w written statement of intent to appeal with the Weld
County Health Department within 15 days of the post
marked date of the decision to deny, suspend , or revoke.
a (B) The Weld County Health Department shall have the
N burden of proof by a preponderance of the evidence at
a the appeal hearing. The initial hearing on the appeal
will be held by the Weld County Health Department
Advisory Board within 20 days after receipt of notice to
u appeal.
(D) "Notice of Time" date and place of hearing shall be
• H mailed to the parties seeking appeal at least 10 days
N H prior to the hearing.
o z (F) "Licensee (s) " shall be entitled to retain council on
his or her own behalf and the department or the
co w licensee (s) may examine documentary evidence, present
o w testimony on his or her behalf, and cross-examine and
• z impeach witnesses presented by the opposing party.
N z (F) The hearing shall not be subject to strict judicial
o or technical rules of procedure or evidence. Evidence
a presented at the hearing may include oral testimony,
w witnesses, briefs , or memorandum, inspection reports,
site visits of the facility, and other relevant
V' el information.
(G) "A record" , by a method selected by the appeals
board, of the hearing shall be kept. The methods may
al w
include the use of a court reporter, electronic
recording device, detail transcription or detailed
minutes. If the appeal board chooses a method other
than a court reporter and a licensee (s) request the use
of a court reporter, licensee (s) shall be responsible
for the costs of the court reporter.
(H) The appeals board shall, within 10 days of the
termination of the hearing, make a written report of its
findings and recommendations as to whether or not the
decision of the department was correct, supported by
concise statements citing the basis of the appeal
board' s decision.
Page 5
RE: ORDINANCE #127-A
2. 4 The Board of County Commissioners shall, upon written
request for a review of the decision filed by the
applicant or licensee with the Clerk to the Board within
15 days of mailing of the notice of decision , issue and
rn p mail to the licensee (s) , an order which either adopts,
o with or without amendments , the findings or
recommendations of the appeals board; substitutes to the
' o Board of County Commissioners own findings and
conclusions based upon the record; or remands the matter
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to the appeals board to take further evidence. This
o
0 3 review shall be on the record with the notice and
o x conducted in accordance with the terms of §2. 3 (A-G) .
• w
2.5 All small personal care boarding homes shall permit
access by the State and designated local long-term care
o
ombudsman to the premises and residents during
N a reasonable hours for the purpose set out in the federal
0 `° "Older Americans Acts of 1965" .
W SECTION III
✓ a
Building and Fire Safety
o z
rI H
ro 3. 1 The Small Personal Care Boarding Home shall be in
o a compliance with the Fire Code for the appropriate fire
district or municipality and the premises shall remain
co w available for inspection by the local fire department at
w appropriate times.
• z
No z 3. 2 Facilities in existence as of February 15, 1987, may
o request approval for an extended time for correcting
a fire code violations providing that:
x A) The fire district or municipality has granted an
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4-4 extended time for making corrections; and
B) All hazardous areas and vertical openings, if any,
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are protected; and
w w C) Smoke detectors are installed in all living rooms
or similar congregate areas, hallways, and
bedrooms , and
D) Copies of estimates and contracts are submitted,
including an adequate description of finances
sufficient to make the corrections; and
E) A time table submitted for completion appropriate
to the nature and extent of deficiencies , not to
exceed 36 months.
3. 3 There shall be 80 square feet for one bedroom and 60
square feet per person for mobile bedrooms , exclusive of
toilet rooms. There shall be no more than 2 residents
per room.
Page 6
RE: ORDINANCE #127-A
3.4 Extension cords or multiple use sockets shall not be
permitted.
a o 3. 5 Each bedroom shall contain at least one window. (See
''' v also 3 . 1)
0 3 . 6 Cooking shall not be permitted in sleeping rooms.
A Cooking activities shall be confined to areas provided
and approved for such purpose.
o
o 3. 7 Each floor having resident bedrooms shall have a toilet
v}W room directly accessible without going through an
adjacent bedroom, one for each two residents.
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3. 8 Bathing facilities with tub or shower shall be provided
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in a ratio of one bathing facility per two residents.
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3 . 9 Lighting, adequate to meet the needs of the residents,
shall be provided in all toilet and bathing rooms.
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3. 10 Grab bars shall be properly installed at each tub and
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I shower, and adjacent to each toilet.
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N a 3. 11 Bathtubs and shower floors shall have non-skid surfaces.
co w 3. 12 Toilet seats shall be constructed of non-absorbent
o w material, and free of cracks.
0
00z
N z 3. 13 Dayroom or living/recreation room space shall be
o provided for daily living activities and shall be well
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a lighted, heated and ventilated .
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3. 14 No resident or group of residents shall be excluded from
"' °' contact with other residents at meal time.
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3. 15 Meals shall not be routinely served in resident rooms.
w w
3. 16 There shall be a written fire escape plan and diagram
developed with consultation from the local fire
department officials. The fire escape plan and diagram
shall be posted in a conspicuous place. The plan and
diagram shall be explained to each resident within 7
days of admission to the small personal care boarding
home.
(No Section 3. 17)
3. 18 In addition to 3 . 1 through 3 . 16, the following shall
apply to personal care boarding homes if occupied by one
or more non-ambulatory residents:
Page 7
RE: ORDINANCE #127-A
A) Bedrooms and all living areas shall be accessible
to wheelchair bound clients.
B) A minimum of two entry ways shall provide for wheel
chair access and for egress out and away from the
building.
oi0 C) All doors to those rooms requiring wheel chair
HI C access shall be at least 32 inches wide.
D) All fixtures including bathtubs, showers ,
u lavatories, stools , mirrors, and towel racks shall
be accessible to wheelchairs.
a
0 3. 19 The small personal care boarding home shall provide a
c a clean environment, free of hazards to health and safety.
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3. 20 There shall be an adequate supply of safe , potable water
o available for domestic purposes and in compliance with
State and local laws and regulations.
N
•• 0 3 . 21 Sewage shall be discharged into a public sewer system or
ti disposed of in a manner approved by the state and local
health authority and the Colorado Water Quality Control
m Commission.
a H 3. 22 Electric, space or kerosene heaters shall not be
N permitted.
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3 . 23 No resident shall be assigned to any room other than a
CO O regularly designated bedroom.
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O 5
Z 3. 24 Furnished resident rooms shall be equipped as follows
o z (per bed) :
F:4
O A) Comfortable standard-sized bed. Rollaway type
beds , cots, folding beds or bunk beds shall not be
permitted. Residents may, if both request, share a
double bed.
C
B) Beds shall be equipped with a comfortable, clean
N mattress , mattress protector and pad. A
in 44 comfortable, clean pillow and appropriate bedding
shall be provided.
C) At least two clean sheets and one clean pillow case
shall be provided weekly or more frequently if
needed.
D) A standard-sized chair in good condition.
E) An incombustible waste basket with impervious
disposable liner.
F) Storage facilities adequate for clients ' clothing
and personal articles .
G) A closet or locker space.
H) A towel rack for each client.
Page 8
RE: ORDINANCE 4127-A
3. 25 Carpets or floor coverings shall be securely fastened to
the floor and in good condition.
3 . 26 At least three nutritionally balanced meals, using a
o variety of foods from the basic four food groups, shall
0
u be served at regular times daily.
co 3. 27 There shall not routinely be more than a 14 hour span
between the evening meal and breakfast.
0 3 3. 28 There shall be recipes available for food items used in
the menus. Menus and recipes shall he available for
moo,.W review.
O
3. 29 There shall be enough food on hand to prepare the menus
for two days.
N
•• w 3 . 30 In facilities capable of and willing to provide
therapeutic diets, appropriately qualified dietary
a consultant services shall be obtained.
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°° u 3.31 Therapeutic diets shall be prescribed by a physician.
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N F 3 . 32 All food shall be free from spoilage, filth, or other
o U) contamination, and shall be safe for human consumption.co N 3. 33 A two-compartment sink or domestic dishwashing machine
o W shall be required.
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N3. 34 Laundry equipment and/or arrangements with a commercial
laundry shall be available.
C141 3. 35 Separate storage for soiled linen and clothing shall be
provided . Such storage may consist of individual
'n H plastic bags or hampers.
C N
NN
•"" 3. 36 The use of common towels, washcloths or personal care
a w articles is prohibited .
3. 37 All resident equipment (wheel chairs, walkers , oxygen
equipment) shall be maintained in safe and sanitary
conditions defined in the admission agreement.
3. 38 A facility may keep household pets including dogs , cats,
caged birds, fish, and other animals , if permitted by
local ordinance , and in accordance with facility
policies and guidelines.
Page 9
RE: ORDINANCE #127-A
SECTION IV
Operator/Personnel Qualifications
4. 1 "Personnel" The Operator shall employ a sufficient
number of personnel able to perform their respective
duties , services , and functions to ensure the provision
rn o of personal and social care, including 24-hour
o v monitoring by on-site personnel.
CA o 4 . 2 "Qualifications and Orientation"
o w A) Each employee shall be given on-the-job training or
o S have related experience in the job assigned to
o x them.
'a B) All personnel shall have access to the facility' s
oa policies , procedures manuals, and other information
o necessary to effectively perform their duties and
a to carry out their responsibilities.
N
oal 4 . 3 "Health Requirements"
� x
A) The operator, employees and volunteers shall be in
w good health , free of signs of communicable disease.
o w 4 . 4 "Inservice Training" All staff shall receive documented
N E on-the-job training appropriate to their position and
w shall include at least:
N A) Residents ' rights.
O w B) Simulated fire prevention drills (at least four
m z fire drills per year) .
(NI Fr4 C) Emergency procedures.
ow 4. 5 "Volunteers"
a
N N A) Volunteers may be utilized in the facility but may
sTN not be included in the facility' s staffing plan in
,�., N lieu of facility employees.
B) Volunteers shall be supervised and familiar with
aq
resident' s rights and the facility' s policies and
procedures .
C) Volunteers who provide personal care to residents
shall be in good health, and competent to the task
assigned.
D) Residents may participate voluntarily in performing
housekeeping duties and other tasks suited to the
residents needs and abilities. Residents shall not
be used as substitutes for required staff.
Page 10
RE: ORDINANCE #127-A
4. 6 "Fitness"
A) Any person who is involved in substance abuse, uses
alcohol excessively, uses narcotic drugs or
o dangerous drugs, is physically or mentally unable
to adequately and safely perform the duties of an
• operator or employee, or has been convicted of a
o felony or a crime of moral turpitude, shall not be
approved as a licensee or be hired as an employee,
w subject to the provisions of CRS 1973 , 24-5-101 .
o
o a SECTION V
in-W
a Admissions-Services
a5. 1 Only residents whose needs can be met by the personal
care boarding home shall be admitted.
5. 2 "Physician ' s Assessment"
A) All facilities shall adopt a policy which
identifies when a physician' s assessment will be
0 H required, such as a significant change in the
H resident' s condition or evidence of possible
ocn infection (open sores , etc. )
w B) If required by the personal care boarding home, a
co w physician ' s assessment shall be obtained including
o w at least the following:
00 1) The resident is free of communicable disease
co 2
N Z or any condition which would preclude
o admission to the facility.
CJ
2) A list of current prescribed medications
a including:
a) Dosage, time of administration, and
`°' route.
N
+ � b) Whether medication is self-administered
H N
and what assistance, if any , is required
w w from facility staff.
3) Type of diet and restrictions or special
instructions, if any.
4) Allergies , if any.
5) Any physical or mental limitations , or
restrictions on activity.
5 . 3 "Resident' s Agreement"
A) A written "Resident' s Agreement" shall be executed
at the time of admission or prior thereto, between
the Personal Care Board Home operator and the
resident or legal guardian . Each party will be
provided with a copy of such agreement.
Page 11
RE: ORDINANCE #127-A
5. 4 Each agreement shall set forth the following terms:
A) Rates and charges (30 day written notice) , refunds,
a, O deposits.
B) Types of services provided which include, but are
not limited to:
ti▪ o 1) List of "personal services" provided to
resident for daily living activities as
defined in these regulations.
00 3 2) List of "supportive services" provided and
o requested by the resident and provided by the
cr w operator.
3) "Board and care plan" outlining the functional
u capability of the resident and the need for
w personal assistance.
ro x 4) Residents Rights and Grievance Policies , as
- 0 provided in Section 7. 4
5) House rules/policies - such as smoking,
drinking.
w u 6) Acceptance, retention, discharge, and eviction
policies.
o z 7) Conditions under which the agreement may be
"-• 14 terminated.
o y 8) Any agreement regarding management of
residents' personal funds or property
coo consistent with the provision of Section 7 . 6 .
N
w C) No contract, or any provision therein , shall be
z construed to relieve the facility of any
N zz requirement or obligation imposed by these rules
and regulations.
a D) This "Resident' s Agreement" can be amended at the
o
a request of either party, and shall include at least
30 days advance notice.
' CN
el el 5. 5 "Board and Care Plan"
' N
W k. A) A board and care plan on each resident shall be a
part of the admission packet and shall define the
resident' s needs and the services the facility will
provide to meet those needs.
5. 6 The board and care plan shall be reviewed and updated at
least yearly or more frequently, if necessary, to note
significant changes in residents physical, mental ,
social condition or needs.
5. 7 The resident may request additional services at any time
(and/or request change in the board and care plan) .
5. 8 The facility shall provide opportunities for social and
recreational activities within and outside the facility.
Page 12
RE: ORDINANCE #127-A
5 . 9 The facility shall coordinate community resources and
promote resident participation in activities both in and
away from the facility.
cn 0 5. 10 A) The facility shall encourage resident participation
o in planning, organizing, and conducting the
residents' activity program.
H V B) The facility shall provide residents with
ca information on available community activities.
o ra C) Residents shall not be required to participate in
13
0 3 any program activities.
oa
fm-
A Records
a
O 5. 11 A record shall be maintained on each resident and shall
w contain at least, but not be limited to the following:
N
o ,a A) Resident' s full name, including maiden name if
x applicable.
w B) Resident' s former address of residence.
U C) Date and time of admission.
co o z D) Date of departure and next place of residence, when
,i H applicable.
N N E) Name, address and telephone number of relatives
o a and/or legal guardian or responsible person to be
w notified in an emergency.
co o N NI
F) Name, address and telephone number of resident' s
o w primary physician and alternate physician.
co• z G) Resident' s sex, date of birth, marital status and
o z social security number.
o H) Full legal name of spouse, if applicable.
U a I) The Board and Care Plan.
M 0 J) A current record of the resident' s medications
including name of drug, dosage, route of
a N administration and directions for administration;
r' r' and documentation of resident self-administration
-IN
of medication. If the resident refuses to take
wGa medications as ordered, there shall be
documentation that the physician has been notified.
K) An anecdotal record of any accidents, injuries,
illnesses or incidents of violent behavior towards
self or others occurring after admission to the
personal care boarding home.
L) The resident' s admission agreement.
M) An inventory of valuable personal property.
Page 13
RE: ORDINANCE #127-A
5 . 12 Records shall be legibly recorded in ink, dated and
available for inspection by the resident or legal
guardian.
5. 13 Records shall be maintained and/or stored in such a
cn u
manner as to be protected from loss, damage or
o unauthorized use.
rn v 5 . 14 The confidentiality of all medical, psychological and
q sociological information shall be protected at all
o w times .
03
o x 5. 15 Records shall be maintained for a period of one year
w following the termination of the resident' s stay in the
o personal care boarding home.
U
5. 16 Except in an emergency, the facility shall not release
N any information or a copy of the record to anyone except
the resident or legal guardian, the resident' s
physician, an individual with written authorization by
r the resident, or the State Department of Health or its
c designee.
H SECTION VI
NH
CD a Medications
w
co w 6. 1 Prescription Medications: Residents shall maintain and
o w self-administer only medications prescribed by the
co
o z physician and that belong to the resident. No resident
N .4 shall be required to surrender his right to possess or
o self-administer any medication belonging to him and
a described in the Board and Care Plan unless so ordered
by his physician.
tn N 6. 2 If an operator or employee of the personal care boarding
r-icv home has reason to doubt the wisdom or safety of a
w resident ' s self-administration of medications (either
co
prescription or over-the-counter drugs) , the operator or
employee shall immediately bring this question to the
attention of the physician . If an operator determines
that prescribed medications are not being taken by the
resident according to the physician' s instructions , the
operator shall notify the physician for instructions.
6. 3 All medications shall be maintained and stored in a
manner that ensures the safety of all residents.
6 . 4 If requested by residents , a locked cabinet or drawer
for medication storage shall be provided.
Page 14
RE: ORDINANCE #127-A
6.5 No resident shall be permitted to use or take another
resident' s medication.
6. 6 Stock supplies of non-prescription medications shall not
be maintained in the personal care boarding home.
in
� V
6. 7 The personal care boarding home shall establish a system
a •
0 of monitoring residents' self-administration of
medications.
o 6 . 8 Residents shall be permitted to self-administer oxygen
when prescribed by the physician.
0 0
q 6 . 9 Oxygen tanks, when used, shall be secured and shall be
a properly stored at all times.
0
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6 . 10 Rooms in which oxygen is used or stored shall be posted
with a conspicuous "No Smoking" sign.
6 . 11 Medications which require refrigeration shall be
a properly maintained.
co
CO z 6. 12 No disinfectants, insecticides, bleaches, rubbing
-' alcohol and/or household poisons shall be stored with
N medications and food supplies.
(1)
,o 6. 13 Disposal and Release of Medications
N (x4
o�or"' A) All personal medication is the property of the
z resident and shall be returned to the resident or
NFC responsible person upon transfer, discharge, or
death of the resident.
B) Any discontinued personal medication shall be
returned to the resident or responsible person for
,n proper disposition.
N C) The administrator shall document the return of
• N centrally-stored prescribed medication.
Ww
SECTION VII
Resident' s Rights
7 . 1 There shall be a written policy of residents ' rights.
This policy shall not exclude, take precedence over, or
in any way abrogate legal and constitutional rights
enjoyed by all adult citizens and shall include:
A) The right to be accepted and treated as a resident.
A resident may not be kept apart from other
residents.
Page 15
RE: ORDINANCE #127-A
B) The right to reasonable privacy, including privacy
of self and possessions , in their room, or portion
of room, in personal affairs.
C) The right not to be physically or psychologically
abused or punished by the operator, the operator' s
2 8 employees or family, other clients, or others.
o D) The right to live free from physical restraint,
o involuntary confinement, and financial explanation.
E) The right to full use of the facility, including
A freedom to use the living room, dining room, and
o w recreation areas, in compliance with the documented
0 S house rules. The right to voice grievances and
o x recommend changes in policies and services.
or q F) The right to communicate privately by mail or
telephone with anyone, including relatives ,
0 friends, caseworkers, medical and psychiatric
facilities, and members of public agencies. The
right to reasonable use of the telephone, in
no
accordance with house rules, that define frequency
and duration of calls and use of telephone for long
a distance.
CO u G) The right to have visitors, provided the visits are
o z conducted at reasonable hours, and the visitors are
H not actively disruptive to the operator, the
N F operator' s employees or family, or other residents.
o a H) The right to make visits outside the home.
] However, there is a shared responsibility by the
N w operator and the resident to make mutual
w w arrangements for keeping in touch with each other.
o z I) The right to make their decisions and choices in
N the management of their personal affairs, funds, or
property in accordance with their abilities.
x J) The right to expect the cooperation of the provider
in achieving the maximum degree of benefit from
in m placement.
"0 N K) The right to exercise their choice to attend and
� N participate in religious activities .
CA 44
7 . 2 The policy on resident ' s rights shall be posted in a
conspicuous place, and there shall be documentation in
the resident' s record that the resident has read or had
explained the policy on residents' rights.
7. 3 There shall he a written policy and procedure for
handling grievances and problems which shall indicate
that if the procedures outlined are not resolved to the
residents' satisfaction, residents may contact any of
the following agencies:
Page 16
RE: ORDINANCE #127-A
A) The Long Term Care Ombudsman.
B) The Adult Protection Services of the appropriate
County Department of Social Services .
C) The Advocacy Services of the Area Agency on Aging.
D) The Colorado Department of Health or local Health
al u Department.
4) 0 7.4 House meetings shall be held at least quarterly with
~ v residents , operator and appropriate staff so that
A residents can voice grievances and make recommendations
o w concerning facility policies.
a w 7.5 There shall be a policy on smoking. If smoking is
a permitted in any areas, such areas shall be designated
and residents and staff shall be informed upon admission
o or employment of any prohibitions. Smoking policies
a shall apply to both residents and staff.
7 . 6 A resident may authorize the operator to handle the
g
resident' s personal funds or property. Such
r a authorization must be in writing and shall specify the
co v financial management services to be performed. In this
o z event , the operator shall exercise fiduciary
▪ w responsibility for these funds and property. There
N F shall be no requirement for the operators to handle
a resident funds or property. Personal care boarding
co
homes which accept responsibility for residents;
o personal funds shall post a surety bond in the amount of
co five thousand dollars to protect the resident' s personal
o z funds or provide other adequate security.
N <
o 7. 7 There shall be a running account (in ink) of all
w x financial transactions. Each entry shall be dated .
a There shall be at least a monthly accounting to the
LO rn resident or legal guardian of all transactions which
N shall include: the date the money was received from
N the resident and disbursed, source of funds including
w w any bank or other accounts, any and all deductions for
room and board and other expenses, any advancements, and
the balance. An account shall begin with the date of
the first handling of the personal funds of the resident
and shall be kept on file for no less than three years
and shall be available for inspection by the Department.
7 . 8 Funds of each resident handled by the operator shall be
protected from theft and loss and the operator shall be
responsible for their safekeeping. These funds shall
not be made available for the operator' s personal use or
for operating expenses of the facility above and beyond
the agreed monthly room and board charges. These funds
must be kept in separate resident escrow accounts .
Page 17
RE: ORDINANCE #127-A
7 . 9 Physical restraint, isolation , corporal punishment,
personal humiliation, or the withholding of food , water,
or clothing to any resident is prohibited.
al
�+ U
0 7 . 10 There shall be written policies outlining house rules or
r- 0 responsibility of the resident in regard to the
Hu facility. These rules or policies shall be shared with
the resident at the time of admission.
a
o 5
a 3 7. 11 Discharge Policies
a c4
`" w A) The resident shall be discharged, transferred , or
0 evicted only for one or more of the following
U reasons:
a 1) When the facility is no longer able to meet
the resident' s identified needs .
2) Non-payment for basic services as per the
z resident agreement.
,- 3) Failure of the resident to comply with written
m U policies or rules of the facility.
o z 4) When a resident poses a danger to self or
iH other residents.
N F B) The resident or responsible person must have 30
o z days advance written notice of discharge except in
] cases of medical emergency for the physical safety
of themselves, others , or for non-payment of rent
o
co in which case the responsible person shall be
o z notified as soon as possible.
N < C) Discharge or transfer shall be coordinated with the
>4 resident, their family or responsible person , or
w appropriate agency.
x
�n 0 SECTION VIII
am
H
H N License Application
mw
8 . 1 The Weld County Health Department under the authority of
the Weld County Board of County Commissioners has been
designated for the licensing of small personal care
boarding homes.
8. 2 It shall be unlawful for any person to operate or cause
to be operated a small personal care boarding home as
defined herein unless the facility has been approved and
regularly licensed in the manner set forth in these
rules and regulations.
8 . 3 Any person desiring a license to operate a small
personal care boarding home shall follow the Weld County
Health Department application and forms provided by the
department.
Page 18
RE: ORDINANCE #127-A
8. 4 Failure of a licensee to show ability to meet the
requirements of this ordinance shall result in a denial
of the application for licensure.
8. 5 The inspection of small personal care boarding homes
o shall be conducted by an authorized agent of the county
health department in consultation with the Area Agency
• on Aging and a determination made as to whether the
CO small personal care boarding home facility meets the
requirements of the rules and regulations set forth
a herein.
0 C
o �
o x 8. 6 Annual renewal of the operating license is required 30
r„W days prior to the date of expiration and shall require a
submittal of the information required in the application
v except that the complete renewal application may
indicate that there has been no change where
N x appropriate.
- w
8 . 7 The small personal care boarding home operator shall
place the license in a conspicuous place in the
co u facility.
o z 8 . 8 The license grant shall not be assignable or
w transferable and shall apply only to the building
E"
o co described therein.
w p 8 . 9 Grounds and procedures for revocation, denial, or
o w suspension of license:
co
o z A) Obtaining or attempting to obtain a license by
o4 fraudulent means or misrepresentation of any fact
and misappropriation of property of residents.
aB) Violation of these regulations.
C) Refusal to permit entry by Weld County Health
L Department personnel or other agents for the annual
r licensing inspection.
D) Conduct or practices determined by the Weld County
w Health Department to be detrimental to the welfare
of the residents of the small personal care
boarding home.
E) For a such license issued hereunder a suspended or
revoked, or upon denial of an application , a
written notice shall be given to the licensee
stating the grounds of denial, revocation or
suspension. Said notice shall indicate the date
the decision is effective and the reasons for the
denial, revocation or suspension and shall be sent
by registered or certified mail, return receipt
requested, to the address of the licensee indicated
in the application.
Page 19
RE: ORDINANCE #127-A
F) Temporary suspension of license for a period of
time not to exceed 30 days may be invoked for those
emergency circumstances which require immediate
o action pending a hearing on suspension or
revocation of a license. The Department of Health
o first must find that the conduct of the
rn 0 licensee/operator or other agents or employees or
the condition of a small personal care boarding
a home presents an imminent danger to the health,
0 3 safety and welfare of the residents of the board
and care home before a temporary order of
a w suspension may be issued. Notice shall be given as
a in Sec. 2. 3 (D) and by posting at the small personal
care boarding home.
u
r x 8. 10 If a license is denied, revoked or suspended ,
reinstatement of the annual operating license shall be
considered by the Weld County Health Department if,
within 30 days, conditions upon which revocation was
m u based have been corrected and evidence of this fact has
co been furnished to the Department.
oz
H
8. 11 Each small personal care boarding home shall be
No periodically inspected, after initial inspection for
license by an authorized agent of the Weld County Health
OD o Department at least once annually.
NW
oW
z 8. 12 Any licensee of a facility licensed under these rules
o z and regulations shall give 30 days notice to the
o4 department prior to closing a facility or to closing any
part of a facility. The residents records shall be
c4 given to the resident or a party responsible for the
a
continuing care of the resident.
1f N
ri 8 . 13 The department shall be notified by the licensee of the
change of the operator of the small personal care
w boarding home within 30 days of change. Notification
shall be in writing and shall contain the name of the
present and new operator and the date the new operator
is to be responsible for the small personal care
boarding home. The new licensee is responsible for
making application for an amended license under the
requirements of this section.
8. 14 Nothing in these regulations is intended to create a
duty of care or create liability on the part of the
Board of County Commissioners or any agency, officer or
employee of Weld County.
Breeze, Jan. 22, 19L — 15
a
AFFIDAVIT OF PUBLICATION
- ORDINANCE NO. 127-A
RE: RULES AND REGULATIONS GOVERNING THE OPERATION OF
SMALL PERSONAL CARE BOARDING HOMES IN WELD COUNTY, THE JOHNSTOWN BREEZE
WITH AMENDMENTS STATE OF COLORADO 1
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF ) SS
WELD COUNTY, COLORADO: COUNTY OF WELD 1
WHEREAS, the Board of County Commissioners of Weld County, I31'1 ' J
Colorado, pursuant to Colorado statute and the Weld County Home I, Clydeggs, do solemnly swear that I
Rule Charter,is vested with the authority of administering the affairs of am publisher of The Johnstown Breeze; •
Weld County, Colorado, and that the same is a weekly newspaper
WHEREAS,the Board of County Commissioners,sitting as the Board printed, in whole or in part, and published
of Health,pursuant to the Weld County Home Rule Charter,possesses
certain powers pursuant to Title 25, Article 1 Colorado Revised in the County of Weld, State of Colorado,
Statutes,and as Board of County Commigsioners for home rule county and base general circulation therein; that
pursuant to Title 30, Article 35, CRS, to promulgate regulations
pertaining to the health,safety,and welfare of all of the.mhabitants of said newspaper has been published
Weld County,including those within incorporated municipalities, and continuously and uninterruptedly in said
WHEREAS,the State of Colorado has enacted regulations governing County of Weld for a period of more than
the operation of Board and Care facilities or"personal care boarding
homes"for those facilities that provide room,board,and personal care fifty-two consecutive weeks prior to the
services for three or more adults, and first publication of the annexed legal notice
WHEREAS, there are a number of board and care homes in Weld or advertisement; that said newspaper has
County currently in operation which will not be regulated by the state been admitted to the United States mailsits
regulations, and
WHEREAS, the Board has studied the issue and considered the second-class matter under the provisions of
recommendations of the staff,the Human Resources Department,and the Act of March 3, 1679, or any
the task force group made up of persons representing two board and
care facilities, the Weld County Health Department, the Placement amendments thereof, and that said
Coordinator for the North Colorado Medical Center, ombudsmen for 't is a weekly newspaper duly
the Area Agency on Aging, and a representative for another care newspaper PCC
facility for the elderly, and concluded that there is a continuing need qualified for publishing legal notices and
for regulations to protect the health, safety, and welfare of the
residents of one and two bed personal care boarding homes and advertisements within the meaning of the
_
citizens employees of said homes and the of Weld County. laws of the State of Colorado. •
NOW, THEREFORE, BE IT ORDAINED by the Board of County That the annexed legal notice or advertise-
Commissioners of Weld County, Colorado, that Weld County l published in the regular and
Ordinance 127 be repealed and that the rules and regulations men was
goveming the operation of small personal care boarding homes in entire issue of every number of said weekly
Weld County, Colorado, attached hereto, as Exhibit "A", be enacted
and incorporated herein by this reference as Weld County Ordinance newspaper for the period of .1... consecu-
127-A. tive insertions; and that the first
BE IT FURTHER ORDAINED that this ordinance applies to all board publication of said notice was in the issue r I'
and care homes in Weld County, whether in unincorporated or said newspaper daft(' /..--..2.?-,- A.D. lb.;
incorporated portion of the County.
BE IT FURTHER ORDAINED that if any section, subsection,
and that the last publication of said notice
paragraph, sentence, or o clause, or phrase of this Ordinance is, for any was in the issue of said newspaper dated
reason,held or decided to be invalid or unconstitutional,such decision A.D. 19
shall not affect the validity of the remaining portions. The Board of
County Commissioners of Weld County, Colorado, hereby declares In witness whereof I have hereunto set
that it would have passed this Ordinance and each and every section, —1
subsection, paragraph, sentence, .clause, and phrase thereof my hangsst.7his ....26. day of . J . 'I
irrespective of the fad that any one or more sections, subsections, A.D. ttfl.l
paragraphs,
sentences,o clauses or phrases might be declared to be ////A
lid.
BE IT FURTHER ORDAINED that this Ordinance shall take effect on ��� �%y.�
February 10, 1987. -'
The above and foregoing Ordinance No. 127-A was,on motion duly Publisher
made and seconded,adopted by the following vote on the--day of
1, A.D., 1987.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO , Subscribed and sworn to before me; a
Notary Public in and for the County of
Gordon E. Lacy, Chairman W Id, State of Colorado this4-G... day of
C. W. Kirby, Pro-Tem 4 -
vT P G% /L G , � '2a-t��
I
�o Gene R. Brantner
Jacqueline Johnson Notary Public.
Frank Yamaguchi
My commission expires
ATTEST:
Weld County Clerk and Recorder - -- - ' ""f
and Clerk to the Board
BY: _ 7.0titri y,;.L•s. ,.".. ,,.,
APPROVED AS TO FORM:
County Attorney
First Reading: January 5, 1987
Published: January 8, 1987, in the Johnstown Breeze
Second Reading: January 19, 1987 -
Puulished: January 22, 1987, in the Johnstown Breeze
nre(iffy. dory c 1 J'l.
Pubisned: rebruary 5, 987, In ;he uo e5.: E'aaze
Effective: February 10, 1987
REGULATIONS FOR WELD COUNTY SMALL PERSONAL CARE
BOARDING NOM'S
SECTION 1
Definitions _
1.1 "Small Personal Care Boarding Homes" means a residential
facility that provides room and board to one or two adults who are not
related to the owner and who, because of impaired capacity for
independent living, elect protective oversight, personal services, and
social care but do not require regular twenty-four-hour medical or
nursing care.The term"small personal care boarding homes"does not
include a facility holding a current certificate of authority to operate a
life care facility issued pursuant to article 13 title 12,C.R.S.,residential
care facilities for the developmentally disabled or personal care
boarding homes regulated under 6 CCR 1011-1.
• 1.2 "Personal services" means those services which the license,
operator,and emolovees of a personal care boarding home provide for
each resident, including, but not limited to: an environment which is
sanitary and safe from physical harm;individualized social supervision;
assistance with transportation; and assistance with activities of daily
living, including but not limited to bathing, dressing, and eating.
1.3"Protective oversight" means guidance of a resident as required
by the needs of the resident or as reasonably requested by the
resident including the following: being aware of a resident's genera! •
whereabouts, although the resident may travel independently it
the community; monitoring the activities of the resident while on the
premises to ensure his health, safety, and well-being, including
monitoring of prescribed medications; reminding the resident to carry
out daily living.activities; and reminding the resident of any important
activities, including appointments.
SECTION II
ral Requirements
2.0 All small personal care boarding homes shall be licensed in
accordance with these regulations.
2.1 All small personal care boarding homes shall be in compliance
with all applicable zoning, housing,fire, sanitary, and all other codes
and ordinances of the city and county, or county where the home is
situated.
2.2 A non-refundable fee as set by separate action of this Board
shall be required for each application and renewal.
16 — Breeze, Jan: 22, 1987
Public Notices
Appeal P500555 3.25 Carpets or floor coverings shall be securely fastehed to the '
2.3(A)Any action to deny,sustain,or revoke an operating license or floor and in good condition.
application may be appealed by submitting a written statement of intent to appeal with the Weld County Health Department within 15 days of the 3.26 At' using least three nutritionally balanced meals, a variety of
foods from the'basic four food groups,shall be served at regular times
post marked date of the decision to deny,suspend,or revoke. daily,
(B)The Weld County Health Department shall have the burden of proof 3.27 There shall not routinely be more than a 14 hour span between
by ponderance of the evidence it-the appeal hearing.The initial hearing the evening meal and breakfast
on the appeal will be held by the Weld County Health f§apartment Advisory
Board within 20 days after receipt of notice to appeal. 3.28 There shall be recipes available for food items used in the
(D)"Notice of Time"date and place of hearing shall be mailed to the menus. Menus and recipes shall be available for review.
parties seeking appeal at least 10 days prior to the hearing. 3.29 There shall be enough food on hand to prepare the menus for
(E)"licensee(s)"shall be entitled to retain council on his or her own two days
behalf and the department or the licensee(s)may examine documentary 3.30 In facilities capable of and willing to provide therapeutic diets,
evidence,present witnesses presented b7�'av opposing
testimony n his or her g party.
and(F) and appropriately qualified dietary consultant services shill be obtained.
Impeach
(F)The hearing shall not be subject to strict judicial or technical rules of 3.31 Therapeutic diets shall be prescribed by a physician.
procedure or evidence.Evidence presented at the hearing may include 3.32 All food shall be free from spoilage,filth,or other contamination,
oral testimony,witnesses,briefs,or memorandum,inspection reports,site and shall be safe for human consumption.
visits of the facility,and other relevant information.
• (G)"A record."by a method selected by the appeals board,of the hearing 3.33 A two-compartment sink or domestic dishwashing machine
shall be kept The methods may include the use of a court reporter, shall be required
electronic recording device,detail transcription or detailed minutes.lithe 3.34 Laundry equipmentand/or arrangements with a commercial
appeal board chooses a method other than a court reporter and a g
licensee(s) request the use of a court reporter, licensee(s) shall be laundry shall be available.
•
.responsible for the costs of the court reporter. 3.35 Separate storage for soiled linen and clothing shall be
(H)The appeals board shall,within 10 days of the termination of the provided. Such storage may consist of individUal plastic bags or
hearing,make a written report of its findings and recommendations as to hampers.
whether or not the decision of the department was correct,supported by 3.36 The use of common towels, washcloths or personal care
concise statements citing the basis of the appeal board's decision, articles is prohibited.
2.4 The Board of County Commissioners shall,upon written request for a 3.37 All resident equipment (wheel chairs, walkers, oxygen
review of the decision filed by the efplicant or licensee with the Clerk to equipment)shall be maintained in safe and sanitary.conditions defined
the Boardwithin 15 days of mailing of the notice of decision,issue and mail in the admissant)shall
agreement.
to the licensee(s),an order which either adopts,with or without amend-
ments,the findings or recommendations of the appeals board;substi- 3.38 A facility may keep household pets including dogs,cats,caged
lutes to the Board of County Commissioners own findings and conclusions birds, fish, an tl other animals, if permitted by local ordinance, and in
based upon the record;or remands the matter to the appeals board to take accordance with facility policies and guidelines.
further evidence.This review shall be on the record with the notice and
conducted in accordance with the terms of§2.3(A-G). 0 -/P I Qualifications
2.5 All personal small personal care boarding homes shall permit access 4,1 "Personnel" The Operator shall employ a sufficient number of
by the State and designated local long-term care ombudsman to the personnel able to perform their respective duties, services, and
premises and residents during reasonable hours for the purpose set out in functions to ensure the provision of personal and social care;including
the federal"Older Americans Acts of 1985". 24-hour monitoring by on site personnel.
SECTION Ill 4.2 "Qualifications and Orientation"
Building and Fire Safety • A) Each employee shall be given on-the-job training or have related
experience in the job assigned to them. "
3.1 The Small Personal Care Boarding Home shall be in compliance B) All personnel shall have access to`the facility's, olicies,
with the Fire Code for the appropriate fire district or municipality and procedures manuals, and other information necessary to effectively
the premises shall remain available for Inspection by the local fire perform their duties and to carry out their responsibilitlea..
department at appropriate times. - .ir
• 4.3 "Health Requirements"
3.2 Facilities in existence as of February 15, 1987, may request
approval for an extended time for correcting fire code violations A)The operator, employees and volunteers shall be in good health,
providing that: free of signs of communicable disease.
A.The fire district or municipality has granted an extended time for 4.4"Inservice Training"All staff shall receive documented on-the-job
making corrections; and • training appropriate to their position and shall include at least:
B.All hazardous areas and vertical openings, if any, are protected;
and A) Residents' rights.
C. Smoke detectors are installed in at living rooms or similar B) Simulated fire prevention drills(at least four fire drills per year).
congregate areas, hallways, and bedrooms,-and C Emergency procedures.
D. Copies of estimates and contracts are submitted, Including an
adequate description of finances sufficient to make the corrections; 4.5 "Volunteers"
and
E. A time table submitted for completion appropriate to the nature A)Volunteers may be utilized in the facility but may not be included
and extent of deficiencies, not to exceed 36 months. in the facility's staffing plan in lieu of facility employees.
3.3 There shall be 80 square feet for one bedroom and 60 square B)Volunteers shall be supervised and familiar with resident's rights
G and the facility's policies and procedures
feet per person for mobile bedrooms, exclusive of toilet rooms.There C) Volunteers who provide personal care to residents shall be in
shall be no more than 2 residents per room. • good health, and competent to the task assigned.
3.4 Extension cords or multiple use sockets shall not bepermitted. D)Residents may participate voluntarily in performing housekeeping
P duties and other tasks suited to the resident's needs and abilities.
Residents shall not be used as substitutes for required staff.
3.5 Each bedroom shall contain at least one window.(See also 3.1)
4.6 "Fitness"
3.6 Cooking shall not be permitted in sleeping rooms. Cooking
activities shalt be confined to areas provided and approved for such A) Any person who is invoked in substance abuse, uses alcohol
purpose. excessively, uses narcotic drugs or dangerous drugs, is physically or
3.7 Each floor having resident bedrooms shall have a toilet room mentally unable to adequately and safely perform the duties of an
3. c floor
i without going through anadjacent a ba toilet one operator or employee,or has been convicted of a felony or a crime of
for each two residents, g moral turpitude,shall not be approved as a licensee or be hired as an
employee, subject to the provisions of CRS 1973, 24-5-101.
3.8 Bathing facilities with tub or shower shall be provided In a ratio Admissions-Services
of one bathing facility per two residents
5.1 Only residents whose needs can be met by the personal care
3.9 Lighting, adequate to meet the needs of the residents,shall be boarding home shall be admitted.
provided in all toilet and bathing rooms.
5.2 "Physician's Assessment"
3.10 Grab bars shall be properly installed at each tub and shower,
and adjacent to each toilet. A) All facilities shall adopt a policy which identifies when a
physician's assessment will be required, such as a significant change
3.11 Bathtubs and shower floors shall have non-skid surfaces. in the resident's condition or evidence of possible infection (open
sores, etc.).
3.12 Toilet seats shall be constructed of non-absorbent material,and -
free of cracks
B) If required by the personal care boarding home, a physician's
_ assessment shall be obtained Including at least the following:
3.13 Dayroom or living/recreation room space shall be provided for - 7 The resident is free of communicable disease or any condition
daily living activities and shell be well lighted, heated and ventilated. which would preclude admission to the facility.
2) A list of current prescribed medications Including:
3.14 No resident or group of residents shall be excluded from a) Dosage, time of administration, and route.
contact with other residents at meal time. b)Whether medication Is self-administered and what assistance,if
any
3.15 Meals shall not be routinely served in resident rooms. , required from facility staff.
4) Type of diet and restrictions c000ns or special Instructions, if any.
4)
3.18 There shall be a written fire escape plan and diagram Allergies,
developed with consultation from the local fire department officials. 5) Anny or mental limitations, or restrictions on activity.
if any.
physical
The fire escape plan and diagram shall be posted in a conspicuous 5.3 "Resident's Agreement"
place.The plan and diagram shall be explained to each resident within
7 days of admission to the small personal care boarding home. A)A written"Resident's Agreement"shall be executed at the time of
(No. Section 3.17) • admission or prior thereto, between the Personal Care Board Home
operator and the resident or legal guardian. Each party will be
3.18 In addition to 3.1 through 3.16, the following shall apply to provided with a copy of such agreement.
personal care boarding homes if occupied by one or more non- 5.4 Each agreement shall set forth the following terms:
ambulatory residents:
A) Bedrooms and'all living areas shall be accessible to wheelchair Al Rates and charges (30 day written notice), refunds, deposits.
dota. B)Types of services provided which include, but are not limited to:
bound
B)A minimum of two entry ways shall provide for wheel chair access 1) List of "personal services" provided to resident for daily living
dactivities as defined In these re ulationa
an for egress out and away from the building. 2)List of"supportive services"provided and requested by the resident
C)All doors to those rooms requiring wheel chair access shall be at and provided by the operator.
feast 32 inches wide. - 3) Board and care plan" outlining the functional capability of the
0)All fixtures including bathtubs,showers,layatorlea,stools,mirrors, resident and the need for personal assistance.
and towel racks shall be accessible to wheelchairs. 4))Residents Rights and Grievance Policies,as provided in Section 7.4
3.19 The small personal care boarding home shallprovide a clean 5)House rules/policies—such as smoking drinking.6 Acceptance,retention,discharge,and eviction policies.
environment, free of hazards to health and safety. 7)Conditions under which the agreement.may be terminated.
3.20 There shall be an adequate supply of safe, potable water 8 Any agreement regarding management of residents'personal funds
• available for domestic purposes and in compliance with State and or property consistent with the provision of Section 7.8.
local laws and regulations. C1 No contractor any provision therein,shall be construed to relieve the
3.21 Sewage shall be discharged into a public sewer system facility of any requirement or obligation imposed by these rules and
r9 or reggulations
disposed of In a manner approved by the state and local health D)Thla"Resident'sAgreement"can be amended atthe request of either
authority and the Colorado Water Quality Control Commission. party,and shall Include at least 30 days advance notice.
3.22 Electric, space or kerosene heaters shall not be permitted 5.5"Board and Care Plan"
3.23 No resident shall be assigned to any room other than a A) A board and care plan on each resident shall be a part of the
regularly designated bedroom. - admission packet and shall define the resident's needs and the services
-3.24 Furnished resident rooms shall be equipped as follows (per the facility will provide to meet those needs.
bed): 5.6 The board and care plan shall be reviewed and updated at least yearly
Al Comfortable standard-sized bed.Rollaway type beds,cola,folding or more frequently,if necessary,to note significant changes in residents
beds or bunk beds shall not be permitted. Residents may, if both physical,mental,social condition or needs
request, share a double bed. 5.7 The resident may request additional services at an B) Beds shall be equipped,with a comfortable, clean mattress, request change in the board and care plan). Y time end/or
mattress protector and pad. A comfortable, clean pillow and •
appropriate bedding shall be provided 5.8 The facility shall provide opportunities for social and recreational
C) At least two clean sheets and one clean pillow case shall be activities within and outside the facility,
provided DD)) weekly or more frequently if needed.
rl A standard-sized chair in good condition. 5.9 The facility shall coordinate community resources and An incombustible waste basket with impervious disposable liner. resident participation in activities both in and away from the facility.
Storage'facilities adequate for clients' clothing and personal facility.
articles. 5.10 A)The facility shall encourage resident participation In planning,(3 A closet or locker space. organizing,and conducting the residents'activity program. p g,
sH A towel rack for each client. - B) The facility shall provide residents with information on available
community activities. 7.4-House meetings shall be held at least quarterly with residents,
C) Residents shall not be required to participate in any program operator and appropriate staff so that residents can voice grievances
activities. and make recommendations concerning facility policies.
Records 7.5 There shall be a policy on smoking.If smoking is permitted in any
areas,such areas shall be designated and residents and staff shall be
5.11 A record shall be maintained on each resident and shall contain at informed upon admission or employment of any prohibitions. Smoking
least,but not be limited to the following: policies shall apply,to both residents and staff,
A Resident's full name,including maider(name if applicable. 7.8 A resident may authorize the operator to handle the residents
B Resident's former address of residence. personal funds or property.Such authorization must be in writing and
C Date and time of admission. shall specify the financial management services to be performed. In
0 Date of departure and next place of residence,when applicable. this event,the operator shall exercise fiduciary responsibility for these
E Name, address and telephone number.of relatives and/or legal funds and property.There shall be no requirement for the operators to
guardian or responsible person to be notified in any emergency. handle resident funds or property. Personal care boarding homes
Name,address and telephone numberof resident's primary physician which accept responsibility for residents; personal funds shall post a
an alternate physician. surety bond in the amount of five thousand dollars to protect the
G) Resident's sex, date of birth, marital status and social security resident's personal funds or provide other adequate security.
number.:
H)Full legal name of spouse,if applicable. 7.7 There shall be a running account (In ink) of all financial
I)The Board and Care Plan. transactions. Each entry shall be dated. There shall be at least a
J)A current record of the resident's medications Including namt ig, monthly aeoounting to the resident or legal guardian of all
dosage, route of administration and directions for administrati,. and transactions which shall Include: the date the money was received
documentation of resident self-administration of medication.If the resi- from the resident and disbursed source of funds including any bank or
dent refuses to take medications as ordered there shall be documents- other accounts, any and all deductions for room and board and other
Lion that the physician has been notified expenses,any advancements,and the balance.An account shall begin
K)An anecdotal record of any accidents,injuries,illnesses or incidents with the date of the first handling of the personal funds of the resident
of violent behavior towards self or others occurring after admission to the and shall be kept on file for no less than three years and shall be
personal care boarding home. available for inspection by the Department.
L The resident's admission agreement
An inventory of valuable personal property. 7.8 Funds of each resident handled by the operator shall be protected
from theft and loss and the operator shall be responsible for their
safekeeping. These funds shall not be made available for the
5.12 Records shall be legibly recorded in ink dated and available for operators personal use or for operating expenses of the facility above
inspection by the resident or legal guardian. and beyond the agreed monthly room and board charges.These funds •
must be kept in separate resident escrow accounts.
5.13 Records shall be maintained and/or stored in such a manner as
to be protected from loss, damage or unauthorized use. 7.9 Physical restraint, isolation, corporal punishment, personal
humiliation, or the withholding of food, water, or clothing to any
5.14 The confidentiality of all medical, psychological and sociological resident is prohibited.
information shall be protected at all times.
5.15 Records shall be maintained fora7.10 There shall be written policies outlining house rules or
the termination s the nn'e for Inpheod of one year following responsibility of the resident in regard to the facility. These rules or
home. of personal care boarding policies shall be shared with the resident at the time of admission.
7.11 Discharge Policies
5.16 Except in an emergency, the facility shall,not release any
information or a copy of the record to anyone except the resident or A)The resident shall be discharged, transferred,or evicted only for
legal guardian, the resident's physician, an individual with written one or more of the following reasons:
authorization by the resident,or the State Department of Health or its 1) When the facility is no longer able to meet the resident's
designee. identified needs.
SECTION VI 2 'Non-payment for basic services as per the resident agreement,
3) Failure of the resident to comply with written policies or rules of
Medicationsthe facility.
4) When a resident poses a danger to self or other residents.
B) The resident or responsible person must have 30 days advance
6.1 -Prescription Medications: Residents shall maintain and self- written notice of discharge except in cases of medical emergency for
administer only medications prescribed by the physician and that the physical safety of themselves,others or for non-payment of rent in
belong to the resident No resident shall be required to surrender his which case the responsible person shall be notified as soon as
right to possess or self-administer any medication belonging to him possible.
and described in the Board and.Care Plan unless so ordered by his C)Discharge or transfer shall be coordinated with the resident,their
physician. family or responsible person, or appropriate agency.
6.2 If an operator or employee of the personal care boarding home SECTION VIII
has reason to doubt the wisdom or safety of a residents self-
administration of medications(either prescription or over-the-counter Lloense Application -
drugs),the operator or employee shall immediately bring this question
to the attention of the physician. If an operator determines that 8.1 The Weld County Health Department under the authority of the
prescribed medications are not being taken by the resident according Weld County Board of County Commissioners has been designated for
to the physician's instructions, the operator shall notify the physician the licensing of small personal care boarding homes.
for instructions
8.2 It shall be unlawful for any person to operate or cause to be
6.3 All medications shall be maintained and stored in a manner that operated a small personal ca^le boardtng home as defined herein
ensures the safety of all residents unless the facility has been approved and regularly licensed in the
manner set forth in these rules and regulations.
6.4 If requested by residents, a locked cabinet or drawer ,rd-medication storage shall be provided 8.3 Any person desiring a license to operate a small personal care
6.5 No resident shall be boarding home shall follow the Weld County Health Department
permitted to use or take another residents application and forms provided by the department
medication. _
8.4 Failure of a licensee to show ability to meet the requirements of
6.6 Stock supplies of non-prescription medications shall not be this ordinance shall result in a denial of the application for licensure.
maintained in the personal care boarding home.
6.7 The personal boarding home shall establish a system of 8.5 The inspection of'small personal care boarding homes shall be
monitoring Te residents'nalcare self-administrationhmeof t medications. conducted by an authorized agent of the county health department in
consultation with the Area Agency on Aging and a determination made
6.8 Residents shall be permitted to self-administer oxygen when as to whether the small personal care boarding home facility meets
prescribed by the physician. the requirements of the rules and regulations set forth herein.
8.6 Annual renewal of the operating license is required 30 days prior
8.9 Oxygen tanks, when used, shall be secured and shall be properly
stored at all times to the date of expiration and shall require a submittal of the
Information required in the application•except that the complete
8.70 Rooms In which oxygen is used or stored shall be posted with a renewal application may indicate that there has been no change
where appropriate.
conspicuous "No Smoking" sign.
8.1'1 Medications which require refrigeration .shall be properly 8.7 The small personal care boarding home operator shall place the
maintained. license in a conspicuous place in the facility.
6.12 No disinfectants, insecticides, bleaches, rubbing alcohol and/or 8.8 The license grant shall not be assignable or transferable and shall
household poisons shall be stored with medications and food supplies apply only to the building described therein.
6.13 Di I and Release of Medications 8.9 Grounds and procedures for revocation, denial, or suspension of
license:
A)All personal medication Is the property of the resident and shall A) Obtaining or attempting to obtain a license by fraudulent means
be returned to the resident or responsible person upon transfer, or misrepresentation of any fact and misappropriation of property of
discharge, or death of the resident. residents.
B) Any discontinued personal medication shall be returned to the B) Violation of these regulations.
resident or responsible'person for proper disposition. C) Refusal to permit entry by Weld County Health Department
G) The administrator shall document the return of centrally-stored personnel or other agents for the annual licensing Inspection.
prescribed medication. D) Conduct or practices determined by the Weld County Health
SlQTION VII Department to be detrimental to the welfare of the residents of the
small personal care boarding home.
Resident's Rights E)For a such license issued hereunder a suspended or revoked,or
upon denial of an application, a written notice shall be given to,the
7.1 There shall be a written policy of residents'rights.This v licensee stating the grounds of denial,revocation or suspension.Said
g p _y shall notice shall indicate the date the decision is effective and the reasons
not exclude,take precedence over, or in any way abrogate legal and for the denial, revocation or suspension and shall be sent by
constitutional rights enjoyed by all adult citizens and shall include: registered or certified mail,return receipt requested,to the address of
A) The right to be accepted and treated as a resident. A resident
may not be kept apart from other residents. the licenseeTpoi indicated suspension
tpd In the application.
license f
B) The right to reasonable privacy, including privacy of self andc)exceed 30 days a suspension offr sera period circumstancesf time not is
possessions, in their room, or which may t invoked forpending those emergency uensionor
C) The- right not to bephysically orf psychologically personal l affairs f license.
immediate action rtmet a hearing on must find that at
9 ogicor.f abused or revocation of a hcelice.Tha Department th Health first must find
by the operator, the operators employees or.family, other the conduct of the licensee/operator mllpersonal care other home employees preset an
) or others.' '- the condition r a the welfare
ft s f
n The right to live free from physical restraint, involuntary the ea danger health,beo safety and welfare of the residents y
co) Th and lfinancial explanation. - the beard and care home before a temporary order of g may
E) The right,d in full use of the r facility,hading ompom to h the be small issued.personal lcc shall be given in Sec 2.3(D)and by posting at the
ren dining room,and recreation o grievances with the
,.documented house rules. The right to voice grievances and
care boarding home, ,
recommend changes in policies and services.
F) The right to communicate privately by mail or telephone with ny aIf a plhrase is denied,revoked or suspended yr Weld eldnt of the
anyone, including relatives, friends, caseworkers, medical and annual operating f. Shall be considered by the upon which
psychiatric facilities, and members of public agencies The right to Healation th Department haveI e en 30 ecte conditions which
reasonable use of the telephone,in accordance with house rules,that has been furnished to the Department days, and evidence of this fact
define frequency and duration of calls and use of telephone for long
distance.
G) The right to have visitors, provided the visits are.conducted at &11 Each small personal care boarding home shall be periodically
reasonable hours, and the visitors are not actively disruptive to the the Weld County after Health ial Delpertm Don for epartment at leaense st once an nannuallorized y ant of
operator, the operators employees or family, or other residents
Hshared resThe ponsibility by the to make 1es outside the home operator and the resident make mutual there is a 812 Any licensee giv of a facility licensed under these rules and
arrangements for keeping In touch with,each other. regulations to shall give 30 days notice to the department ement prior shall
gabe n toro t closing part r a facility.The rresidents records shoe
I)The est make their decisions or and in choices In the ma,' 'heir
f given si the resident or a party responsible for the continuing care
of their personal affairs, funds, or property in accordance r of the resident
abilities
J) The right to expect the cooperation of the provider in ao.,,eving &13 The department shall be notified by the licensee of the change of
the maximum degree of benefit from placement the operator of the small personal care boarding home within 30 days
p The right to exercise their choice to attend and participate In of change. Notification shall be In writing and shall contain the name
religious activities. of the present and new operator and the date the new operator is to
be responsible for the small personal care boarding home. The new
7.2 The policy on resident's rights shall be posted in a conspicuous .licensee is responsible for making application for an amended license
place and there shall be documentation in the residents record that under the requirements of this section.
the resident has read or had explained the policy on residents'rights.
814 Nothing in these regulations is intended tp create a duty of care
7.3 There shall be a written policy and procedure for handling
grievances and problems which shall indicate that If the procedures create any agncyy the
y, officer or employee t of Weld Counhe Board of ty.Commissioners or
outlined are not resolved to the residents'satisfaction, residents may
contact any of the following agencies:
A) The Long Term Care Ombudsman. •
B) The Adult Protection Services of the, appropriate County
Department of Social Services.
C The Advocacy Services of the Area Agency on Aging.
D)The Colorado Department of Health or local Health Department.
1
east '
AFFIDAVIT OF,PUBLICATION
THE JOHNSTOWN BREEZE
STATE OF COLORADO
) ss
COUNTY OF WELD )
I, Clyde Briggs,do solemnly swear that I
am publisher of The Johnstown Breeze;
that the same is a weekly newspaper •
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March 3, 1879, or any
amendments thereof, and that said
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was published in the regular and
entire issue of every number of said weekly
newspaper for the period of .. ., consecu-
tive insertions; and that the first
publication of said notice wain the issue of
said newspaper dated/ca.. A.D. Ibgl
and that the last publication of said notice
was in the issue of said newspaper dated
A.D. 19
• In witness whereof I have he•eunto set
my hand this day of ;:2 r .7-
A.D. 19,S'.C
Publisher
Subscribed and sworn to before me, a
Notary Public in and for the County of
Myf;eel1d,State of Colorado, this ...ac day of
1�e-7` A.D. 10 <...
Notary Public.
My commission expires
' 3.25 Carpets or floor coverings shall be securely fastened'to the ' community activities.
es. ` `-.•
floor and in good condition. C) Residents shall not be required to participate In
activities. rem
3.26 At least three nutritionally balanced meals, using a varlety of
foods from the basic four food groups,.shall be served at regular times Records'
daily.
5.11 A record shall be maintained on each resident and shall contain at
3.27 There shall not routinely be more than a 14 hour span between least,but not be limited to the following:
the evening meal-and breakfast
A)Residents full name,Including maiden name if applicable.
3.28 There shall be recipes.available,for food items used In the B Residents former address of residence.
menus. Menus and recipes shall be available for review. C Date and time of admission.
D Date of departure and next place of residence when applicable.
3.29 There shall be enough food on hand to prepare the menus for Name, address and telephone number of relatwes and/or legal
two days, - guardian or responsible person to be notified in any emergency.
F)Name,addrebsand telephone number of resident's primary'physician
3.30 In facilities capable of and willing to provide therapeutic diets, and alternate hysician:
appropriately qualified dietary consultant services shall be obtained. G) Residents sex, date of birth, marital statue and social security
number.
3.31 Therapeutic diets shall be prescribed by a physician. H)Full legal name of spouse,if applicable. J —
I)The Board and Care Plan. ,
3.32 All food shall be free from spoilage,filth,or other contamination, J)A current record of the resident's medications including name of drug,
and shall be safe for human consumption. dosage, route of administration and directions for administration;and
documentation of resident self-administration of medication.If the rest-
3.33 A two-compartment sink or domestic dishwashing machine dent refuses to take medications as ordered,there shell be pobumenta-
shall be required. lion that the physician has been notified.
' - An anecdotal record of any accidents,injuries,Illnesses 0
K) r incidents
3.34 Laundry equipment and/or arrangements with a commercial of violent behavior towards self or others occurring after admission to the
laundry shall be available. . personal care boarding home.
L)?he residents admission agreement
3.35 Separate storage for soiled linen and clothing shall be M)An Inventory of valuable personal property.
provided. Such storage may consist of individual plastic bags or '
hampers..
5.12 Records shall be legibly recorded In Ink dated and available for
3.36 The use of common towels, washcloths or personal care inspection by the resident or legal guardian.
. articles is.prohibited
5.13 Records shall be maintained and/or stored in such manner as
3.37 All resident equipment (wheel chairs, walkers oxygen to be protected from loss, damage or unauthorized us .
equipment)shall be maintained in safe and sanitary conditions defined
In the admission agreement. 5.14 The confidentiality of all medical, psychologicai,and sociological
information shall be protected at all times.
3.38 A facility may keep household pets including dogs,cats,caged
birds, fish, and other animals, if permitted by local ordinance, and in 5.15 Records shall be maintained for a period of one year following
accordance with facility policies and guidelines. . the termination of the resident's stay in the personal pare boarding
home.
Operator/Personnel Oualificatlons -
• 5.16 Except in an emergency, the facility shall not release any
4.1 "Personnel" The Operator shall employ a sufficient number of information or a copy of the record to anyone except the resident or
personnel able to perform their respective duties, services, and legal guardian, the residents physician, an Individual with written
functions to ensure the proV,ision of personal and social care,including authorization by the resident,or the State Department of Health or its
24-hour monitoring by on site personnel. designee. ,
X •
4.2 "Qualifications and Orientation" ' SECTION VI
A) Each employee shall be given on-the-job training or have related Mediations
experience in the job assigned to them.
B) All personnel shall have access to the facility's:policies, 6.1 Prescription Medications: Residents shall maintain and self-
procedures manuals, and other information necessary to effectively administer only medications prescribed by the physician and that
perform their duties and to carry out their responsibilities.. belong to the resident. No resident shall be required to surrender his
right to possess or self-administer any medication belonging to him
4.3 "Health Requirements" and described in the Board and Care Plan unless so ordered by his
physician. ,
A)The operator,employees and volunteers shall be'In good health,
free of signs of.communicable disease. 6.2 if an operator or employee of the personal care boarding home
has reason to doubt the wisdom or safety of a residents self-
,4.4"Inservice Training"All 'Staff shall receive documented on-the-job administration of medications (either prescription or over-the-counter
training appropriate to their:position end shall inclyde at least: drugs),the operator or employee shall immediately bring this question
to the attention of the physician. If en operator determines that
A) Residents' rights. prescribed medications are not being taken by the resident according
B) Simulated fire prevention drills (at least four fire;drills per year). to the physician's instructions, the operator shall notify the physician •
C) Emergency procedures! for instructions. /
4.5 "Volunteers" _ 8.3 All medications shall be maintained and stored in a manner that
• ensures the safety of all residents, i
A)Volunteers may be utilized in the facility but may not be included - i
in the facility's staffing plan in lieu of facility emproyees. 6.4 If requested by residents, a locked cabinet of drawer fc-
• B) Volunteers shall be supervised and familiar with resident's rights medication storage shall be provided.
and the facility's policies and procedures.
C) Volunteers who provide personal care to residents shalt be in 8.5 No resident shall be permitted to use or take another resident's
good health, and competent to the task assigned.. medication.
D) Residents may participate voluntarily in performing housekeeping
duties and other tasks suited to the resident's needs and abilities. 8.6 Stock supplies Of non-prescription medications shall not be
Residents shall not be used as'substitutes for required staff. maintained in the personal care boarding home.
4.6 "Fitness" / . 6.7 The personal care boarding home shall establish s-system of
monitoring residents self-administration of medications,'
A) Any person who is involved in substance abuse, uses alcohol • .
excessively, uses narcotic drugs or dangerous drugs, is physically or 6.8 Residents shall'be.permitted to self-administer' oxygen when
mentally unable to adequately and safelyperform:the duties of an Prescribed by the physician.
operator or employee,or has been convicted of a felony or a crime of
moral turpitude,shall not beiapproved as a licensee or be hired as an- 6.9 Oxygen tanks,when used, shall be secured and shall be properly
employee, subject to the provisions of CRS 1973, 24-5-101. stored at all times.
Admisslons•Sarvices • 6.10 Rooms in which oxygen Is used or stored shall-be posted with a
conspicuous "No Smoking" sign.
5.1 Only residents whose needs can be met by the personal care
boarding home shall be admitted. 6.1.1 Medications which require refrigeration shall be properly
maintained
5.2 "Physician's Assessment" • - '
6.12 No disinfectants, insecticides, bleaches, rubbing alcohol and/or
A) All facilities shall adopt a policy which .Identifies when a household poisons shall be stored with medications and food supplies.
physician's assessment will be required,such as a significant change 613 DI and Release of Madlaations •
in the resident's condition or evidence of possible infection-(open
sores, etc.).
A) All personal medication is the property of the resident and shall
B) If required by the personal care boarding.home, aphysician's be returned to the resident or responsible person upon transfer,
assessment shall be obtained Including at least the following: discharge, or death of the resident.
-1) Tha resident Is free of communicable disease or any condition B) Any discontinued personal medication shall be returned to the
which would preclude admission to the facility. resident or responsible person for proper disposition.'
2) A list of current prescribed medications including: C) The administrator shall document the return.of centrally-stored
a) Dosage, time of administration, and route. prescribed medication,
b) Whether medication is self-administered and what assistance,If •
any, is required from facility staff. SECTION VII
3) Type of diet end restrictions or special instructions, if any.
4) Allergies, if any. Resident's Rights
5) Any physical or mental limitations, or restrictions on activity. 71 There shall!be a written policy of residents'rights.This policy shall
•
5.3 "Resident's Agreement" not exclude, take precedence over, or in any way abrogate legal and
' constitutional rights enjoyed by at adult citizens and shall include:
A)A written"Resident's Agreement"shall be executed at the time of A) The right to be accepted and treated as a resident. A resident
admission or prior thereto, between the Personal Care Board Home may not be kept apart from other residents
operator and the resident:or legal guardian. Each party,will be B) The right to reasonable privacy, including privacy of self and
provided with a copy of such agreement . possessions, jn their room, or portion of room, ie personal affairs,
C) The right not to be physically or psychologically abused or
5.4 Each agreement shall set forth the following 'terms; punished by the operator, the operators employees or family, other
clients, or others
A) 'Rates and charges (30 day written notice), refunds, deposits. D) The right to live free from physical restraint, involuntary
B)Types of services provided,which include, but are not.limited to: confinement and financial explanation.
E The right to full use of the faculty, including freedom to•use the
1) List of "personal servibes" provided to,resident for daily diving living room,dining room,and recreation areas,.in compliance with the
activities as defined in these reOufetions. documented: house rules. The r' ht to voice grievances' and -
21 List of"supportive services"provided and requested by the resident recommend changes In policies and services -
and provided by the operator. 9 The right to communicate privately by mail or telephone with
anyone, including
3) "Board and care plan" Outlining the functional capability of the relatives, friends, caseworkers, medical and
resident and the need for personal assistance: psychiatric facilities, and members of public agencies. The right to
4 Residents Rights and Grievance Policies,ae provided In Section 7.4 reasonable use of the telephone, in accordance with house rules,that
5 House rules/policies— Such as smoking,drinkingg define frequencrand duration of calls'and use of telephone for lohg
6 Acceptance,retention,discharge,and eviction policiesdistance. -
7 Conditions under which the agreement may be terminated. The right to have hi visitors, rs ar ed the visits actively are u conducted e
8 Any agreement regarding management of residents'personal funds reasonable tor, the-hours,'operators and the plo a are family,at or, t disru
ptive to the
or property consistent with the provision of Section 7.6. operator, ig mk employees or thehome. other ,ther Is
H)shared The right to make visits outside However, there Is l
C No contract,or any provision therein,shell beconatrued to relieve the arrangements responsibility by the operator and the resident to make mutual
facility of any requirement or obligation Imposed by these rules and for keeping in touch with each other.
q
regulations. The right to make noel/decisions and choices in the management
D)This"Resident's Agreement"can be amended at the request of either of their personal affairs, funds, or property In accordance with their
party,and shall include at least 30 days advance notice. abilities
) The right
the maximum to the
degree of benefit from placementprovider in achieving
5.5"Board and Care Plan"
K) The right to exercise their choice to attend and participate in
A).1:1board and care plan on each resident shall be a part of the religious activities.
admission packet and shall define the resident's needs and the services 7.2 The policy on resident's rights shall be posted in a conspicuous
the facility will provide to meet those needs. place, and there shall be documentation in the resident's record that
5.6 The board end care plan shall be reviewed and updated at least yeady the resident has read or had explained the policy on residents'rights
or more frequently,if necessary,to note significant changes in residents 7.3 There shall be a written policy and procedure for handling
physical,mental,social condition or needs. grievances and problems which shall indicate that it the procedures
5.7 The resident may request additional services at any time and/or outlined are not resolved to the residents'satisfaction, residents may
request change In the board and care plan). contact any of .Me following agencies:
A) The Long Term Care Ombudsman.
5.8 The facility shall provide opportunities for social and recreational B) The Adult Protection Services of the appropriate, County
activities within and outside the facility. Department of Social Services.
C) The Advocacy Services'of the Area Agency on Aging. .
5.9 The facility shall coordinate community resources and promote D The Colorado Department of Health or local Health Department.
resident participation in activities both in and away from the facility.
5.10 A) The facility shall encourage resident participation in planning,
organizing,and conducting the residents'activity program.
B) The facility shall provide residents with information on available
7.4 House meetings shall be held at least quarterly witn res,oentt
operator and appropriate staff so that residents can voice grievance
and make recommendations concerning facility policies.
7.5 There shall be a policy on smoking,If smoking Is permitted in an
areas,Such areas shall be designated and residents and staff shall b.
Informed upon admission or employment of any prohibitions.Smoklrx
policies shall apply to both residents and staff.
7.8 A resident may authorize the operator to handle the resident
personal funds or property.Such authorization must be in writing an'
shall specify the financial management services to be performed II
this event,the operator shall exercise fiduciary responsibility for theta
funds and property.There shall be no requirement for the operators n
handle resident funds or property. Personal care boarding home
which accept responsibility for residents; personal funds shall post
surety bond in the amount of five thousand dollars to protect thi
residents personal funds or provide other adequate security.
t7.7ra actin shall be a shall
account in ink) of all s least
monthly n lldna. ouh entry sha be widen. There sa ua N lust l
ai accounting shall to the rthe f legal mo guardian ef el
from the es which didisbursed,
the date the"money was ker
om theresident cont% and nisall ed n of funds including bo any bank of
other ses anya any and all deductions for room and o and othei
expenses,d any of thencst and the balance. if account f shall bde
with the date the first handling the than
funds of the resident
be
and shall be r kept on file for less than three years and shall be
available for Inspection by the Department
7.8 Funds of each resident handled by the operator shall be protected
from theft and loss and the operator shall be responsible for their
safekeeping. These funds shall not be made available for the
operator's personal use or for operating expenses of the facility above
and beyond the agreed monthly room and board charges These funds
must be kept in separate resident escrow accounts.
7.9•Physical restraint, isolation, corporal punishment, personal
humiliation, or the withholding of food, wafer, or clothing to any
resident is prohibited.
7.10 There shall be written policies outlining house rules or
responsibility of the resident In regard to the facility. These rules or
policies shall be shared with the resident at the time of admission.
7.11 Diachargo Policies
A) The resident shall be discharged,transferred, or evicted only for
one or' more of the following reasons:
1) When the facility is no longer able to meet the resident's
identified needs.
2) Non-payment for basic services as per the resident agreement.
3) Failure of the resident to comply with written policies or rules of
the facility.
4) When a resident poses a danger to self or other residents.
5) The resident or responsible person must have 30 days advance
written notice of discharge except in cases of medical emergency.for
the physical safety of themselves,others,or for non-payment of rent in
which case the responsible person shall be notified as soon as
possible.
C)Discharge or transfer shall be coordinated with the resident,their
family or responsible person, or appropriate agency.
SECTION VIII
Lieanu,Application
8.1 The Weld County Health Department under the authority of the
Weld County Board of County Commissioners has been designated for
the licensing of small personal care boarding homes.
8.2 It shall be unlawful for any person to operate or cause to be
operated a small personal care boarding home as defined herein
unless the facility has been approved and regularly licensed in the
manner set forth In these rules and regulations.
8.3 Any person desiring a license to operate a small personal care
boarding home shall follow the Weld County Health Department
application and forms provided by the department.
8.4 Failure of a licensee to show ability to meet the requirements of,.
this ordinance shall result In a'denial of the application for Iicenaure.
8.5 The inspection of small personal care boarding homes shall be
conducted by an authorized agent of the county health department in
consultation with the Area Agency on Aging and a determination made
as to whether the small personal care boarding,home facility meets
the requirements of the rules and regulations set forth herein.
8.6 Annual renewal of the operating license is required 30 days prior
to the date of expiration and shall require a submittal of the
Information required in the application except ,that the complete
renewal application may indicate that there has been no change
where appropriate.
8.7 The small personal care boarding home operator shall place the
license in a conspicuous place,in the facility.
8.8 The license grant shall not be assignable or transferable and shall
apply only to the building described therein.8.9 Grounds and procedures for revocation, denial,or suspension of
license:
A) Obtaining or'attempting to obtain a license by fraudulent means
or misrepresentation of any fact and misappropriation of property of
residents
• B) Violation of these.regulations.
C Refusal to permit'entry by'.Weld County Health Department
personnel or other agents for the annual licensing Inspection.
D) Conduct or practices determined by the Weld County Health
Department to be detrimental to the welfare of the residents of the
small personal care.boarding home.
E)'For a such license issued hereunder a suspended or revoked,or
upon denial of an application, a written notice shall be given to the
licensee stating the grounds'of denial,revocation or suspension. Said
notice shall indicate the date the decision is effective and the reasons
for the denial, revocation or suspension and shall be sent by
registered or certified mail,return receipt requested,to the address of
the licensee indicated In the application.
F) Temporary suspension of license for a period of. time not to
exceed 30'days may be invoked for those emergency circumstances
which tequire immediate action pending a hearing on suspension or
revocation of a license:The Department of Health first must find that
the conduct of the licensee/operator or other agents or employees or
the condition of a small personal care boarding home presents an
immient danger to the health, safety and welfare of the residents of
the board and care.hams before a temporary order of suspension may
be issued.Notice shall be given as in Sec.2.3(D)and by posting at the
small personal care boarding home.
8.10 if a license is denied,revoked or suspended,reinstatement of the
annual operating license shall be considered by the Weld County
Health Department if, within 30 days, conditions upon which
revocation was based have been corrected and evidence:of this fact
has been furnished to the Department.
8.11 Each small personal care boarding home shall bed periodically
inspected,after initial inspection for license by an authorized agent of
the Weld County Health Department at least once annually.
8.12 Any licensee of a facility licensed under•these.•rules and
regulations shall give 30 days notice to the department prior to closing
a facility or to closing any part of a facility.The residents records shall
be given to the resident or a party responsible for the continuing care
of the resident.
8.13 The department shall be notified by the licensee of the change of
the operator of the small personal care boarding home within 30 days
of change. Notification shall be in writing and shall contain the name
of the present and new operator and the date the new operator Is to
be responsible for the small personal care boarding home. The new
licensee Is responsible for making application for an amended license
under the requirements of this section.
8.14 Nothing in these regulations Is Intended to create a duty of care
or create liability in the part of the Board of County Commissioners or
any agency, officer or employee of Weld County.
O
AFFIDAVIT OF PUBLICATION ^m.4
o;
t.
THEJOHNSTOWNBREEZE
STATE OF COLORADO )
SS
COUNTY OF WELD )
1, Clyde Briggs, do solemnly swear that I
am publisher of The Johnstown Breeze; •
that the same is a weekly newspaper
printed, in whole or in part, and published
in the County of Weld, State of Colorado,
and has a general circulation therein; that
said newspaper has been published
continuously and uninterruptedly in said
County of Weld for a period of more than
fifty-two consecutive weeks prior to the
first publication of the annexed legal notice
or advertisement; that said newspaper has
been admitted to the United States mails as
second-class matter under the provisions of
the Act of March :3, 1879, or any
amendments thereof, and that said
newspaper is a weekly newspaper duly
qualified for publishing legal notices and
advertisements within the meaning of the.
laws of the State of Colorado.
That the annexed legal notice or advertise-
ment was published in the regular and
entire issue of every number of said weekly
newspaper for the period of ..1.. consecu-
tive insertions; and that the first
publication of said notic ♦was in the issue(ff
rte
said newspaper dad -5S., A.D. 1Sf1.r
and that the last publication of said notice
was in the issue of said newspaper dated
, A.D. 19
In witness whereof I have hereunto r set
my hand this /7 day of ...ETe,4
A.D. 19.57
C:2#69
f 7 Publisher
Subscribed and sworn to before me, a -
Notary Public in and for the County of
W Id, State of Colorado, this .. 7.. day of ; ''4 _
-- mss^z:i. /..A.D. 19.r
// Notary Public
My commission expires
Co n rissim ExPfrr OiA " ''
2 So'''‘b n�.'. 1 ♦ 3 .
,,
J
b y
n
•
• ORDINANCE NO..127-A
RE:-RULES AND REGULATIONS GOVERNING THE OPERATION OF '
. SMALL PERSONAL CARE-BOARDING HOMES IN WELD COUNTY,
WITH AMENDMENTS•
••
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
WELD COUNTY, COLORADO:
WHEREAS, the Board of County Commissioners of Weld County,
Colorado, pursuant to Colorado statute and the Weld County Home
Rule Charter,Is vested with the authority of administering the affairs of
Weld.County, Colorado, end
•
WHEREAS,the Board of County Commissioners,sitting as the Board '
of Health,pursuant to the Weld County Home Rule Charter,possesses
•certain powers pursuant to Title 25,'Article 1 Colorado Revised
Statutes,and as Board of County Commissioners for home rule county
pursuant to Title 30, Article 35, CRS, to promulgate regulations
, pertaining to.the health,safety,and welfare of all of the inhabitants of
Weld County,,Including those within incorporated municipalities, and
WHEREAS,the State of Colorado has enacted regulations governing.
the operation of-Board and Care facilities or"personal care boarding •
homes"for those facilities that provide room,board,and personal care '
services for three or more adults, and
WHEREAS, there are a number'of board and care homes in Weld
' - County currently in operation which will not be regulated by the state
regulations, and . - a
WHEREAS, the Board has studied,the issue and considered the
- recommendations of the staff,the Human Resources Department,and
the task force group made up of persons representing-two board and
care facilities,-the Weld-County Health Departmenk the Placement
., Coordinator for the North Colorado Medical Center, ombudsmen,for
the Area Agency.on'Aging, and a representative for another care •
facility for the elderly,and concluded that there is a continuing need
for regulations to protect the health, safety, and welfare of the
residents of one and two bed personal care boarding homes and
employees of said homes.Ind the citizens of Weld County.
NOW, THEREFORE, BE IT ORDAINED by the Board of County
Commissioners of Weld County, Colorado, that Weld County
O,fdinance 127 be repealed and that the rules and regulations
governing the operation of small,,personal care boarding homes in
Weld County, Colorado,attached hereto, as Exhibit"A", be enacted
and incorporated herein by this reference as Weld County Ordinance
127-A. 1
and' IT care URTHER homes ORDAINED in el County, whether nce in upnilncorpo aped board
or
incorporated portion of the County. •
BE IT FURTHER ORDAINED that If..any section, subsection,
paragraph, sentence, clause, or phrase of this Ordinance is, for any
reason,held or decided to be invalid or unconstitutional,such decision
shall not affect the validity of the remaining portions.The Board of •
County Commissioners of Weld County, Colorado, hereby declares
,that It would have passed this Ordinance end each and every section,
subsection, paragraph, sentence, clause,'and phrase thereof
Irrespective of the fact that any one or more'sections, subsections,
paragraphs, sentences, clauses or phrases might be declared to be
unconstitutional or invalid.
•
BE IT FURTHER ORDAINED that this Ordinance shall take effect on
February. 10, 1987.
The above and foregoing Ordinance No. 1.27-A was,on motion duly
made and seconded,adopted by,the following vote on,the--day of
I• AD., 1987.
BOARD OF COUNTY COMMISSIONERS
WELD COUNTY, COLORADO
Gordon E. Lacy, Chairman
• C. W. Kirby, Pro-Tem.
•
Gene R. Brantner
•
•
Jacqueline Johnson
Frank Yamaguchi
ATTEST:
Weld County Clerk and Recorder -
and Clerk to the Board -
BY:
APPROVED AS TO-FORM: '
County Attorney •
'
First Reading: January 5, 1987 -
Published:-January 8, 1987, in the Johnstown Breeze
Second Reading: January 19, 1987
Published: January 22, 1987, In the Johnstown Breeze
Final Reading: February 2, 1987
Published:-February 5, 1987, in the Johnstown Breeze
Effective: February 10, 1987
REGULATIONS FOR WILD COUNTY SMALL PERSONAL CARE
BOARDING HOMSS
SECTION.1, .�
Definitions
1.1 "Small Personal.Care Boarding Homes" means a residential
facility that provides room and board to one or two adults who are not •
related to the owner and who, because of impaired Capacity for
Independent living elect protective oversight, personal services, and
social care but do not require regular twenty-four-hour medical or
nursing care.The term 'email persbnai'care'boarding hommes"does not
inlife care e faciliity issued pursuant to certificate
13 title authori to ty
resdental .
care facilities for the-developmentally disabled or personal care
boarding homes regulated under 6 CCR 1011.1. .
1.2 'Personal services" means those services which the license,
operator and'emblg ees of a oersonal care boardino home orovide for
each resident:including but not_limited to:.an,environment which Is
sanitary and safe from physical harm;individualized social supervision;.
assistance with transportation; and assistance with activities of daily
living, including but'not limited to/bathing,.dressing, and,eating. .
1.3"Protective oversight"means guidance bf a resident as required
by the needs of
fp the resident
or as reasonably requested by/the
whereabouts, althoupgphfothe
a resident aware
travel independently general
the community; monitoring,the activities of the resident while on the premises-to ensure his health, safety, and. well-being, including
monitoring of prescribed medications; reminding the resident to carry
out daily living activities;and reminding the resident of,any.importani
gi a
activities, includinppointments
SECTION II •
General Requirement.
2.0 All small pereenai care boarding homes shall be licensed in.
accordance with small DD these regulations
with ail
Aail applicable zoning,al g,housing boarding homes
and all otherpcodes
Ind ordinances of the city and county,of county where,the home is
iitueted:
2.2 A non-refundable fee as set by separate action of this Board
shall be required for each application and renewal.
Process
2.3(A)Any action to deny,sustain or revoke an operating license or
application may be appealed by submitting awritten statement of Intent to
appeal with the Weld County Health Department within 15 days of the
post marked date of the decision to deny,suspend,or revoke. -.
(B)The Weld County Health Department shall have the burden of proof
by ponderance of the evidence at the appeal hearing.The initial hearing
on the appeal will be held by the Weld County Health Department Advisory
Board within 20 days after receipt of notice to appeal.
(D)"Notice of Time"date and place of hearing shall be mailed to the
parties seeking appeal at least 10 days prior to the hearing.
(E)"Licensee(s)"shall be entitled to retain council on his or her own
behalf and the department or the licensee(s)may examine documentary
evidence,present testimony on his or her behalf,and cross-examine and
impeach witnesses presented brim.opposing party.
(F)The hearing shall not be subject to strict judicial or technical rules of
procedure or evidence.Evidence presented at the hearing may include
oral testimony,witnesses,briefs,or memorandum,inspection reports,site
visits of the facility,and other relevant information.
(G)"A record,"bya method selected by the appeals board,of the hearing
shall be kept The methods may include the use of a court reporter,
electronic recording device,detail transcription or detailed minutes.lithe
appeal board chooses a method other than a court reporter and a r
licensee(s) request the use of a court reporter, licensee(s) shall be
responsible for the costs of the court reporter.
(H)The appeals board shall,within 10 days of the termination of the
hearing,make a written report of Its findings and recommendations as to
whether or not the decision of the department was correct,supported by
concise statements citing the basis of the appeal board's decision.
2.4 The Board of County Commissionersshall,upon written request fora
review of the decision filed by the applicant or licensee with the Clerk to
the Board Millie 15 days of mailing of the notice of decision,Issue and mall
to the licensee(s),an order which either adopts,with or without amend-
ments,the findings or recommendations of the appeals board;eubatk
tutes tothe Board of County Commissioners own findings and conclusions
based upon the record;or remands the matter to theappeals board tptake
further evidence.This review shall be on the record with the notico'and
conducted in accordance with the terms of§2.3(A-O).
2.5 All personal small personal care boarding homes shall permit access
by the State and designated local long-term care ombudsman t the
premises and residents during reasonable hours forthe purposeset9pt in
the federal"Older Americans Acts of 1985".
SECT_.,._.._
SECTION III
Building and Fire Safety Boarding 3. The mall Home.shall be in compliance
with the Fiirre Code Personal
for the appropriate fire district Of municipality and
ths shall remain available for inspection'by the local fire
department
appropriate times
le kr
3.2 Facilities in existence as of February 15, 1987, may rey(1let
approval for an extended time for correcting fire code vlolagbhs
providing that:
A.The fire district or municipality has granted an extended time for
making corrections; and
B.All hazardous areas and vertical openings, if any, are protected;
and
C. Smoke detectors are installed in all living rooms or similar
congregate areas, hallways, and bedrooms, and
D. Copies of estimates and contracts are submitted, including enadequate description of finances sufficient to make the corrections;
and
E. A time table submitted for completion appropriate to the nature
and extent of deficiencies, not to exceed 38 months. square l feet3peer per on l for mobilee 80 guare feet bedroomsfor one exclusive of toilet roomsdroom and 60 aThere
shall be no more than 2 residents per room.
•
3.4 Extension cords or multiple use sockets shall not be permitted
3.5 Each bedroom shall contain at least one window.(See also 3.1)
3.6 Cooking shall not be permitted in sleeping rooms. Cooking
activities shall be confined to areas provided and approved for such
purpose.
3.7 Each floor
directly accessible without going shall
through an adjacent bedroom, ne
for each two residents.
3.8 Bathing facilities with tub or shower shall be provided in a ratio
of one bathing facility per two residents.
3.9 Lighting, adequate to meet the needs of the residents,.shall be
provided in all toilet and bathing rooms.
3.10 Grab bars shall.be properly installed at each tub and shower,
and adjacent to each toilet.
3.11 Bathtubs and shower floors shall have non-skid surface&
3.12 Toilet seats shall be constructed of non-absorbent material,and
free of cracks.
3.13 Dayroom or living/recreation room space shall be provided for
daily living activities and shall be well lighted, heated and ventilated.
3.14 No resident or group of residents shall be excluded from
contact with other residents at meal time.
3.15 Meals shall not be routinely served in resident rooms.
3.16 There shall be a written fire escape plan and diagram
developed with consultation from the local fire department officials.
The fire escape plan and diagram shell be posted In a conspicuous
place.The plan and diagram shall be explained to each resident within
7 days of admission to the small personal care boarding home.
(No. Section 3.17)
3.18 In addition to 3.1 through 3.16, the following shall apply to
personal care boarding homes If occupied by one or more non-
ambulatory resident&
A) Bedrooms and all living areas shall be accessible to wheelchair
bound clients.
B)A minimum of two entry ways shall provide for wheel chair access
and for egress out and away from the building.
C)All doors to those rooms requiring wheel chair access shall be at
least 32 inches wide.
0)All fixtures including bathtubs,showers,lavatories,stools,mirrors,
and towel racks shall be accessible to wheelchairs.
3.19 The small personal care boarding home shall provide a clean
environment, free of hazards to health and safety.
3.20 There shall be an adequate supply of safe, potable water
available for ddmestic purposes and In compliance with State and
local laws and regulations.
3.21 Sewage shall be discharged Into a public sewer system or
disposed of In a manner approved by the state end local health
authority and the Colorado Water Duality Control Commission
3.22 Electric, apace or kerosene heaters shall not be permitted
3.23 No resident shall be assigned to any room other than a
regularly designated bedroom.
3.24 Furnished resident rooms shall be equipped as follows (per
bed):
Al Comfortable standard-sized bed.Rollaway type beds,cote,folding
beds or bunk beds shall not be permitted. Residents may, if both
request, share a double bed.
B) Beds shall be equipped with a comfortable clean mattress,
mattress protector and pad. A comfortable, clean pillow and
appropriate.bedding shall be provided.
C) At least two clean sheets and one clean pillow case shall be
- provided weekly or more frequently If needed.
D) A standard-sized chair in good condition.
F)An Incombustible waste basket with impervious disposable liner.
Storage facilities adequate for clients' clothing and personal
articles.
G) A closet or locker space.
H) A towel rack for each client.
•
3.25 Carpets or floor coverings shall be securely fattehed'to the ' community ao wnies. '
floor and in good condition. : C) Residents shall not be required to perticrpete in `
activities. m
328 At least three nutritionally balanced meals, using a variety of _
foods from the basic four food groups,shall be served at regular times ',flouts' -
daily,
' 5.11 A record shall be maintained on each resident and shall contain at
3.27 There shall not routinely be more than a 14 hour span between least,but not be limited to the following:
the evening meal and breakfast. - '
A)Resident's full name including maiden name if applicable.
3.28 There shall be recipes,available.for food Items used in the B Residents former address of residence.
menus. Menus and recipes shall be available for review. C Date and time of admission.
D)Date of departure and next place of residence when applicable.
3.29 There shall be enough food on hand to prepare the manna for E)Name, address and telephone number of relatives and/or legal
two days. - guardian or responsible person to be notified in any emergency.
F)Name,addrehs and telephone number of resident's primary physician
3.30 In facilities capable of and willing to provide therapeutic diets, and alternate physician.
appropriately qualified dietary consultant services shall be obtained. G) Resident's sex, date of birth, marital status and social security
number.
3.31 Therapeutic diets shall be prescribed by a physician. H)Full legal name of spouse,If applicable. • -
I1 The Board and Care Plan.
3.32 All food shall be free from spollage,'filth,or other contamination, J)A current record of the residents medications including nen%of drug,
and shall be safe for human consumption. 5 dosage, route of administration and directions for administration;and
documentation of resident self-administration of medication If the resi-
3.33 A two-compartment sink or domestic dishwashing machine dent refuses to take medications as ordered there shall be ffocumenta-
shall be required. _. • tion that the physician has been notified. ,
q An anecdotal record of any accidents,Injuries,Illnesses or incidents
3.34 Laundry equipment and/or arrangements with a commercial of violent behavior towards self or others occurring after admission to the
laundry shall be available. . personal care boarding home. •-
L1 The residents admission agreement.
3.35 Separate storage, for soiled linen and clothing shall be M)An Inventory of valuable personal property.
provided. Such storage may consist of individual plastic bags or
ampers_
5.12 Records shall be legibly recorded in ink, dated and available for
3.36 The use of common towels, washcloths or personal care inspection by the resident or legal guardian. ..
. articles is,prohibited. . . -
5.13 Records shall be maintained and/or stored in such r♦manner as
• 3.37 All resident equipment (wheel chairs, walker& oxygen to be protected from loss, damage or unauthorized use. '
equipment)shall be maintained In safe and sanitary.condltions defined I
in the admission agreement. 5.14 The confidentiality of all medical, psychological and sociological
information shall be protected at all times.
3.38 A facility may keep household pets including dogs,cats,caged -
birds, fish, and other animals, if permitted by local ordinance, and in 5.15 Records shall be maintained fore period of one year following
accordance with facility policies and-guideline& - the termination of the resident's stay in the personal care boarding
. home.
•
Operator/Personnel ouallfloatlons
5.16 Except in an emergency, the facility shall not release any
4.1 "Personnel" The Operator shall employ a sufficient number of information or a copy of the record to anyone except the resident or
personnel able to perform their respective duties, Services, and legal guardian, the residents physician, an individual with written
functions to ensure the provision of personal and social care,including authorization by the realdent,or the State Department of Health or its
24-hour monitoring by on site personnel. -designee.
4.2 "Qualifications and Orientation" ' SECTION VI _
A Each employee shall be given on-the-lob training or have related Medications
experience In the Job assigned to them.
B) All personnel shall have access to the facility's.policies, 6.1 Prescription Medications: Residents shall maintain and self-
procedures manuals,and other information necessary to effectively administer ei only medications prescribed by the physician and that
perform their duties and to carry out their responsibilities belong g to the resident No resident shall be required to surrender his
_ right to possess or self-administer any medication'belonging to him
'4.3 "Health Requirements!' and described in the Board and Care Plan unless so ordered by his
physician. - ,
,A)The operator, employees and volunteers shall begin good health, :
free.of signs of communicable disease. - 6.2 If an operator or employee of the personal care boarding home
has reason to doubt the wisdom or safety of a residents self-
_ ,:4.4"Inservice Training"All staff shall receive documented on-the-lob administration of medications(either prescription or over-the-counter
training appropriate to their,position and shall incl4de at least: drugs),the operator or employee shall immediately bring this,question
to the attention of the physician. If an operator determines that
A) Residents' rights. prescribed medications are not being taken by the resident according
B) Simulated fire prevention drills (at least four fire drills per year). to the physician's instructions, the operator shall notify the physician ..
C) Emergency proceduresi for instructions. /
4.5 "Volunteers" 6.3 All medications shall.be maintained and stored in a manner that
• ensures the safety of all residents.
Al Volunteers may be utilized in the facility but may not be included -
in the facility's staffing plan in lieu of facility employees. 6.4 If requested by residents, a locked cabinet or drawer lc-
- B) Volunteers shall be.supervised and familiar with resident's rights medication storage shall be provided
and the facility's policies and procedures. .
- C) Volunteers who provide personal care to residents shall be in 6.5 No resident shall be permitted to use or take another resident's
good health, and competent to the task assigned.. medication.
0) Residents may participate voluntarily in performing housekeeping 6.6 Stock supplies of non-prescription medications shall not be
duties and other tasks suited to the resident's needs and abilities.
Residents shall not be used as substitutes for required staff. maintained In the personal care boarding home.
4.6 "Fitness" 8.7 The personal care boarding home shall establish a,system of
monitoring residents' self-administration of medications.,'
A) Any person who is Involved In substance abuse, uses alcohol
excessively, uses narcotic drugs or dangerous drugs is physically or 6.8 Residents shall:be.permitted to self-administer' oxygen when
mentally unable to adequately and safely.perform 5the duties of an Prescribed by the physician. - ,
operator or employee,or has been convicted of a felony or a crime of tanks,when used, shall be secured and shall be properly
moral turpitude,shall not beiapproved as a licensee or be hired as an- 6.9 stored O at all ines: y
employee, subject to the provisions of CRS 1973, 24-5-101,
7.4 House meetings shall be held at least quarterly wen residentt
operator and appropriate staff so that residents can voice grievance
and make recommendations concerning facility policies.
7.5 There shall be a policy on smoking.If smoking is permitted in an
areas,ouch areas shall be designated and residents and staff shall b'
informed upon admission or employment of any prohibitions.Smokln
policies shall apply to both residents and staff.
7.8 A resident may authorize the operator to.handle the resident
personal funds or properly.Such authorization must be In writing an,
shall specify the financial management services to be performed. II
this event,the operator shall exercise fiduciary responsibility for then
funds and property.There shall be no requirement for the operators s
handle resident funds or property. Personal care boarding home
which accept responsibility for residents; personal funds shall post,
surety'bend In the' amount of five thousand dollars to protect thi
residents personal.funds or provide other adequate security.
7.7 There shall be .a:running account (in ink) of all financia
transactiOns. Each entry shall be dated. There_shall be at least t
monthly awmuntIng to the resident or legal guardian of el
which transactions which shall include: the date the including
was receiver
from the resident and disbursed source of funds including any bank oI
other accounts,any and all deductions for room and board and other
expensed,any advancements,and the balance.An account shall begin
with the date of the first handling of the personal funds of the resident
and shall be kept on file for no less than three years and shall be
available for inspection by the Department.
7.8 Funds of each resident handled by the operator shall be protected
from theft and loss and the operator shall be responsible for their
safekeeping. These funds shall not be made available for the
operator's personal use or for operating expenses of the facility above
and beyond the agreed monthly room and board charges.These funds
must be kept in separate resident escrow accounts.
7.9•Physical restraint, isolation, corporal punishment, personal
humiliation, or the withholding of food, water, or clothing to, any
resident is prohibited.
7.10 There shall be written policies outlining house rules or
responsibility of the resident in regard to the facility. These rules or
policies shall be shared with the resident at the time of admission.
7.11 Disoharge Policies •
A) The resident shall be discharged,transferred, or evicted only for
one or' more of the following reasons:
1) When the facility is no longer able to meet the resident's
identified needs.
2) Non-payment for basic services as per the resident agreement.
3 Failure of the resident to comply with written policies or rules of
the facility.
4) When a resident poses a danger to self or other residents.
B)The resident or responsible person must have 30 days advance
written'notice of discharge except in cases of medical emergency for
the physical safety of themselves,others or for non-payment of rent in
which case the responsible person shall be notified as soon-as
possible.
C)Discharge or transfer shall be coordinated with the resident,their
family or responsible person, or appropriate agency.
SECTION VIII
•
Llano Applloatlon
8:1 The,Weld County Health Department udder the authority of the
Weld County Board of County Commissioners has been designated for
the licensing of small personal care boarding homes.
S2 it shall be unlawful for any person to operate or cause to be
operated a small personal care boarding home as defined herein
unless the facility has been approved and regularly licensed in the
manner set forth in these rules and regulations. ,
S3 Any person desiring a license to operate a small personal.care
boarding home shall follow the Weld County Health Department
application and forms provided by the department
8.4 Failure of a licensee to show ability to meet the requirements,oh
this ordinance shall result in a'denial of the application for licensure.
8.5 The inspection of small personal care boarding homes shall be
conducted by an authorized agent of the county health department in
consultation with the Area Agency on Aging and a determination made
as to whether the small personal care boarding home facility meets
the requirements of the rules and regulations set forth herein.
8.6 Annual renewal of the operating license is required 30 days prior
to the date of expiration and shall require a submittal of the
information required in the application except that the complete
renewal application may indicate that there has been no change
where appropriate.
87 The small personal care boarding home operator shall place the
license in a conspicuous place,in the facility.
8.8 The license grant shall not be assignable or transferable and shall
apply only to the building described therein.
8.9 Grounds and procedures for revocation, denial,or suspension of
license:
A) Obtaining or'attempting to obtain a license by f(audulent means
or misrepresentation of any fact and misappropriatiop of property of
resident&
• B) Violation of these`.regulations.
C) Refusal to permit entry by,Weld County Health Department
personnel or other agents for the annual licensing inspection.
D) Conduct or practices.determined by the Weld County Health
Department to be detrimental to the welfare of the residents of the
small personal care'.boardingg home.
E)for a such license Issued hereunder a suspended or revoked,or
upon denial of an application, a written notice shall be given to the
licensee stating the grounds'of denial,revocation or suspension.Said
notice shall Indicate the date the decision Is effective and the reasons
for the denial, revocation or suspension and shall be sent by
registered or certified mail,return receipt requested,to the address of
the llcpnsee Indlcate0 In th'e application.
F) Tbmporary suspension of license for a period of, time not to
exceed 30-days may be invoked for those emergency circumstances
which laquire immediate action pending a hearing on suspension or
revocation of a license.The Department of Health first roust find that
the conduct of the licensee/operator or other agents or employees or
the cdndition of a small personal care boarding home'presents an
Immient danger to the health, safety and welfare of the residents of
the board and care,home before a temporary order of suspension may
be issued.Notice shall be given as in Sea 2.3(D)and by posting at the
small personal care boarding home.
8.10 If a license is denied,revoked or suspended,reinstatement of the
annual operating license shall be considered by the Weld County
Health Department if, within 30 days, conditions upon which
revocation was based have been corrected and evidence of this fact
has been furnished to the Department
8.11 Each small personal care boarding home shall be periodically
inspected,after.initialinspection for license by ap authorized agent of
the Weld County Health Department at least once annually.
&12 Any licensee of a facility licensed under these'.rules and
regulations shall give 30 days notice to the department prior to closing
a facility or to closing any part of a facility.The residents records shall
be given to the resident or a party responsible for the continuing care
of the resident
8.13 The department shall be notified by the licensee of the change of
the operator of the small personal care boarding home within 30 days
of change.Notification shall be In writing and shall contain the name
of the present and new operator and the date the new operator is to
be responsible for the small personal care boarding home. The new
licensee Is responsible for making application for an amended license
under the requirements of this section.
&14 Nothing in these regulations Is intended to create a duty of care
or create liability in the part of the Board of County Commissioners or
any agency, officer or employee of Weld County.
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