Section 481.63.23. Safety.

The licensee of a residential care facility for the intellectually disabled shall be responsible for the provision and maintenance of a safe environment for residents and personnel. (III)

       63.23(1) Fire safety.

        a.           All residential care facilities for the intellectually disabled shall meet the fire safety rules and regulations as promulgated by the state fire marshal. (I, II)

        b.           The size and condition of the facility and needs of the residents shall be taken into consideration in evaluating safety precautions and practices.

       63.23(2) Safety duties of administrator. The administrator shall have a written emergency plan to be followed in the event of fire, tornado, explosion, or other emergency which shall be rehearsed at least quarterly. (III)

        a.           The plan shall be available for review upon request. (III)

        b.           In-service shall be provided to ensure that all employees are knowledgeable of the emergency plan. (III)

       63.23(3) Resident safety.

        a.           Residents shall be permitted to smoke only where proper facilities are provided. Smoking shall not be permitted in bedrooms. Smoking by residents considered to be careless shall be prohibited except when the resident is under direct supervision. (II, III)

        b.           Smoking is prohibited in all rooms where oxygen is being administered or in rooms where oxygen is stored. (II, III)

        c.           Whenever full or empty tanks of oxygen are being used or stored, they shall be securely supported in an upright position. (II, III)

        d.           Smoking shall be permitted only in designated areas. (II, III)

        e.           Residents shall receive adequate supervision to ensure against hazards from themselves, others, or elements in the environment. (II, III)

       63.23(4) Restraints.

        a.           Residents shall not be kept behind locked doors.

        b.           Temporary seclusion of residents shall be used only in an emergency to prevent injury to the resident or to others pending transfer to appropriate placements.

        c.           A divided door equipped with a securing device that may be readily opened by personnel shall be considered an appropriate means of temporarily confining a resident in the resident’s room.

        d.           Divided doors shall be of such type that when the upper half is closed the lower section shall close.

[ARC 0765C, IAB 5/29/13, effective 7/3/13]