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28 Pa. Code § 201.19. Personnel records.

§ 201.19. Personnel records.

 Personnel records shall be kept current and available for each facility employee and contain all of the following information:

   (1)  The employee’s job description, educational background and employment history.

   (2)  Employee performance evaluations, including documentation of any monitoring, performance or disciplinary action related to the employee.

   (3)  Documentation of credentials, which shall include, at a minimum, current certification, registration or licensure, if applicable, for the position to which the employee is assigned.

   (4)  A determination by a health care practitioner that the employee, as of the employee’s start date, is free from the communicable diseases or conditions listed in §  27.155 (relating to restrictions on health care practitioners).

   (5)  Records relating to a medical exam, if required by a facility, or attestation that the employee is able to perform the employee’s job duties.

   (6)  Documentation of the employee’s orientation to the facility and the employee’s assigned position prior to or within 1 week of the employee’s start date.

   (7)  Documentation of the employee’s completion of required trainings under this chapter, including documentation of orientation and other trainings.

   (8)  A copy of the final report received from the Pennsylvania State Police and the Federal Bureau of Investigation, as applicable, in accordance with the Older Adults Protective Services Act (35 P.S. § §  10225.101—10225.5102), the Adult Protective Services Act (35 P.S. § §  10210.101—10210.704) and applicable regulations.

   (9)  In the event of a conviction prior to or following employment, documentation that the facility determined the employee’s suitability for initial or continued employment in the position to which the employee is assigned. ‘‘Suitability for employment’’ shall include a review of the offense; the length of time since the individual’s conviction; the length of time since incarceration, if any; evidence of rehabilitation; work history; and the employee’s job duties.

   (10)  The employee’s completed employment application.


   The provisions of this §  201.19 amended under sections 102, 201(12), 601, 801.1 and 803 of the Health Care Facilities Act (35 P.S. § §  448.102, 448.201(12), 448.601, 448.801a and 448.803); and section 2102(a) and (g) of The Administrative Code of 1929 (71 P.S. §  532(a) and (g)).


   The provisions of this §  201.19 adopted August 29, 1975, effective September 1, 1975, 5 Pa.B. 2233; amended April 23, 1982, effective April 24, 1982, 12 Pa.B. 1316; amended January 31, 1987, effective July 1, 1987, 17 Pa.B. 514; amended July 23, 1999, effective July 24, 1999, 29 Pa.B. 3999; amended December 23, 2022, effective July 1, 2023, 52 Pa.B. 8098. Immediately preceding text appears at serial page (336941).

Notes of Decisions

   Personnel Procedures

   If the administrator of a county-operated nursing home adopts disciplinary and dismissal procedures and the county commissioners use those procedures to fulfill the requirements of State and Federal agencies and in the orientation of new employes, then the commissioners are estopped from denying the validity of those procedures, even if the administrator acted beyond his authority in adopting them. DeFrank v. County of Greene, 412 A.2d 663 (Pa. Cmwlth. 1980).

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